Proposed Rule2021-23595
Energy Conservation Program: Certification, Compliance, Labeling, and Enforcement for Electric Motors and Small Electric Motors; Withdrawal
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
October 29, 2021
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE" or the "Department") is withdrawing a notice of proposed rulemaking (NOPR) issued on June 24, 2016 that proposed to revise its certification, compliance, and enforcement regulations for electric motors and small electric motors to conform to the enforcement regulations for all other covered products and equipment and to consolidate, to a limited extent, the certification and compliance regulations for electric motors and small electric motors with those for other types of covered products and equipment.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59887-59889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23595]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2014-BT-CE-0019]
RIN 1904-AD25
Energy Conservation Program: Certification, Compliance, Labeling,
and Enforcement for Electric Motors and Small Electric Motors;
Withdrawal
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'')
is withdrawing a notice of proposed rulemaking (NOPR) issued on June
24, 2016 that proposed to revise its certification, compliance, and
enforcement regulations for electric motors and small electric motors
to conform to the enforcement regulations for all other covered
products and equipment and to consolidate, to a limited extent, the
certification and compliance regulations for electric motors and small
electric motors with those for other types of covered products and
equipment.
DATES: The proposed rule that published in the Federal Register on June
24, 2016 at 81 FR 41377 is withdrawn as of October 29, 2021.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, 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, not all
documents listed in the index may be publicly available, such as
[[Page 59888]]
information that is exempt from public disclosure.
The docket web page can be found at <a href="https://www.regulations.gov/docket?D=EERE-2014-BT-CE-0019">https://www.regulations.gov/docket?D=EERE-2014-BT-CE-0019</a>. The docket web page contains simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, 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) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#e1ab8493848c98cfa58e8c8c94a18484cf858e84cf868e97"><span class="__cf_email__" data-cfemail="a8e2cddacdc5d186ecc7c5c5dde8cdcd86ccc7cd86cfc7de">[email protected]</span></a>.
Ms. Lucy Lee, U.S. Department of Energy, Office of the General
Counsel, GC-32, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-6395. Email: <a href="/cdn-cgi/l/email-protection#a6cad3c5df88cac3c3e6ced788c2c9c388c1c9d0"><span class="__cf_email__" data-cfemail="b3dfc6d0ca9ddfd6d6f3dbc29dd7dcd69dd4dcc5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act of 1975, as amended (``EPCA'' or, in context, ``the
Act'') sets forth a variety of provisions designed to improve energy
efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides for the
Energy Conservation Program for Consumer Products Other Than
Automobiles. The National Energy Conservation Policy Act (NECPA),
Public Law 95-619, amended EPCA to add Part C of Title III, which
established an energy conservation program for certain industrial
equipment. (42 U.S.C. 6311-6317) \1\ Included among the various
equipment types addressed by EPCA \2\ are electric motors and small
electric motors.
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\1\ For editorial reasons, Parts B (consumer products) and C
(commercial equipment) of Title III of EPCA were codified as parts A
and A-1, respectively, in the United States Code.
\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).
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As relevant here, DOE's 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. The testing requirements consist of test
procedures that manufacturers of covered products and covered equipment
must use as the basis for: (1) Certifying to DOE that their products
comply with the applicable energy conservation standards adopted under
EPCA; and (2) making representations about the efficiency of those
products. Similarly, DOE must use these test procedures to determine
whether the products comply with any relevant standards promulgated
under EPCA.\3\ Further, 42 U.S.C. 6299-6305, 6316, and 6317 authorize
DOE to enforce compliance with the energy conservation standards
related to a variety of consumer products and commercial equipment,
including electric motors and small electric motors.
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\3\ The test procedures for electric motors are described in
appendix B to subpart B of 10 CFR part 431; the test procedures for
small electric motors are described in 10 CFR 431.444.
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On June 24, 2016, DOE published a notice of proposed rulemaking
(NOPR) proposing to revise its certification and enforcement
regulations for electric motors and small electric motors. 81 FR 41377.
DOE proposed to: (1) Move and amend certification and sampling
provisions for electric motors to 10 CFR 429.12 and 10 CFR 429.63, (2)
replace the currently used compliance certification number with a new
manufacturer's identification number (3) move the sampling and
certification testing provisions for small electric motors to 10 CFR
429.12 and 10 CFR 429.64, (4) add certification provisions specific to
small electric motors to 10 CFR 429.64, (5) move and amend existing
AEDM provisions for electric motors and for small electric motors to 10
CFR 429.70, (6) move and amend the administrative process for
recognizing certification programs to new sections 10 CFR 429.73 and 10
CFR 429.75, (7) add an administrative process for recognizing testing
laboratories, either directly or through recognition of accreditation
organizations, to new sections 10 CFR 429.74 and 10 CFR 429.75, (8)
move the electric motor labeling requirements from 10 CFR 431.31 to 10
CFR 429.76, (9) add labeling requirements for small electric motors,
(10) add a definition for ``independent'' to describe how DOE would
evaluate the independence of testing laboratories and certification
programs, (11) revise the definition of basic model for electric motors
and small electric motors, (12) add a definition for ``equipment
class'', (13) remove definitions related to accreditation as a result
of the proposed changes regarding laboratory accreditation, (14) apply
the enforcement procedure found at subpart C of part 429 to electric
motors and small electric motors, (15) address how to treat electric
motors and small electric motors that are capable of operation at
multiple voltages, and (16) clarify the exclusion for small electric
motors found at 42 U.S.C. 6317(b)(3).
DOE received negative comment on a variety of its proposals, and
DOE had expected to solicit further comment on those issues. For the
proposals on which DOE received supportive comment, DOE prepared a
final rule, which was issued on January 11, 2017 (``pre-publication
final rule''). On January 20, 2017, the heads of executive departments
were directed to withdraw any rules immediately that were not yet
published. 82 FR 8346 (January 24, 2017). Accordingly, DOE withdrew the
pre-publication final rule from the Federal Register for further
review. On March 9, 2017, NEMA requested that DOE not return the pre-
publication final rule to the Federal Register for publication. The
pre-publication final rule was never published in the Federal Register.
In the intervening time, DOE has undertaken a few different
rulemakings and activities related to electric motors and small
electric motors. For example, DOE published a final rule pertaining to
test procedures for electric motors and small electric motor. 86 FR 4
(January 4, 2021). DOE also classified North Carolina Advanced Energy
Corporation as a nationally recognized certification program. 85 FR
40270 (July 6, 2020).
In addition, Issue 14 from the NOPR is now being addressed through
a new enforcement rulemaking. See Docket EERE-2019-BT-CE-0015
(available at <a href="https://www.regulations.gov/docket?D=EERE-2019-BT-CE-0015">https://www.regulations.gov/docket?D=EERE-2019-BT-CE-0015</a>). On that issue, DOE published a notice of proposed rulemaking
proposing changes to enforcement procedures for all products, including
electric motors and small electric motors. 85 FR 53691 (August 31,
2020).
Over four years have passed since the drafting of the pre-
publication final rule and even more time has passed since DOE received
comment on its proposals. In addition, commenters opposed the
publication of the pre-publication final rule in the Federal Register.
After consideration of comments and the prolonged interlude since
the publication of DOE's proposals, the Department is withdrawing this
rulemaking proposal. The purpose of this rulemaking was to provide more
consistency in DOE's certification and enforcement regulations across
all types of covered products and covered equipment. It was also
intended to provide greater clarity with respect to a number of issues
industry and test facilities had raised. While the Department believes
that there is a benefit to addressing certification of electric motors
and small electric motors, DOE also takes seriously industry concerns
about the potential burden of this proposal. DOE also notes that the
enforcement regulations will be
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addressed through a different rulemaking.
Accordingly, DOE withdraws the June 24, 2016 NOPR published at 81
FR 41377.
Signing Authority
This document of the Department of Energy was signed on October 26,
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 October 26, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-23595 Filed 10-28-21; 8:45 am]
BILLING CODE 6450-01-P
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