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Rule2022-19760

Energy Conservation Program: Test Procedure for Circulator Pumps

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Published

September 19, 2022

Effective

October 19, 2022

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") is establishing definitions, a test procedure, sampling and rating requirements, and enforcement provisions for circulator pumps. Currently, circulator pumps are not subject to DOE test procedures or energy conservation standards. DOE is adopting a test procedure for measuring the circulator energy index for circulator pumps. The test method references the relevant industry test standard. The definitions and test procedures are based on the recommendations of the Circulator Pump Working Group, which was established under the Appliance Standards Rulemaking Federal Advisory Committee.

Full Text

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<title>Federal Register, Volume 87 Issue 180 (Monday, September 19, 2022)</title>
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[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57264-57301]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19760]

[[Page 57263]]

Vol. 87

Monday,

No. 180

September 19, 2022

Part II

Department of Energy

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10 CFR Part 429 and 431

Energy Conservation Program: Test Procedure for Circulator Pumps; Final
Rule

Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 /
Rules and Regulations

[[Page 57264]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2016-BT-TP-0033]
RIN 1904-AD77

Energy Conservation Program: Test Procedure for Circulator Pumps

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is establishing
definitions, a test procedure, sampling and rating requirements, and
enforcement provisions for circulator pumps. Currently, circulator
pumps are not subject to DOE test procedures or energy conservation
standards. DOE is adopting a test procedure for measuring the
circulator energy index for circulator pumps. The test method
references the relevant industry test standard. The definitions and
test procedures are based on the recommendations of the Circulator Pump
Working Group, which was established under the Appliance Standards
Rulemaking Federal Advisory Committee.

DATES: The effective date of this rule is October 19, 2022. Compliance
with the final rule will be mandatory for representations of head, flow
rate, driver power input, circulator energy rating, and circulator
energy index made on or after March 20, 2023. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on October 19, 2022.

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/EERE-2016-BT-STD-0004">www.regulations.gov/docket/EERE-2016-BT-STD-0004</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#a6e7d6d6cacfc7c8c5c3f5d2c7c8c2c7d4c2d59ac786ced4c3c09b" mailto:Questions@ee.doe.gov">[email&#160;protected]</a>">ApplianceStandards<a href="/cdn-cgi/l/email-protection#7223071701061b1d1c013217175c161d175c151d04">[email&#160;protected]</a></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, DC 20585-0121. Telephone:
(202) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#074677776b6e666964625473666963667563743b66276f7562613a" mailto:Questions@ee.doe.gov">[email&#160;protected]</a>">ApplianceStandards<a href="/cdn-cgi/l/email-protection#4b1a3e2e383f222425380b2e2e652f242e652c243d">[email&#160;protected]</a></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#37765a525b5e5619605f5e435e5950775f461953585219505841">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:
DOE incorporates by reference the following industry standards into
10 CFR part 431:

HI 40.6-2021, ``Methods for Rotodynamic Pump Efficiency
Testing''.
HI 41.5-2022 ``Hydraulic Institute Program Guideline for
Circulator Pump Energy Rating Program''.

Copies of HI 40.6-2021 and HI 41.5-2022 can be obtained from the
Hydraulic Institute (``HI'') at 6 Campus Drive, First Floor North,
Parsippany, NJ 07054-4406, (973) 267-9700, or by going to
<a href="http://www.pumps.org">www.pumps.org</a>.
For a further discussion of these standards, see section IV.N of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope and Definitions
1. CPWG Recommendations
2. Definition of Circulator Pump
3. Definition of Circulator Pump Varieties
4. Definition of Circulator-Less-Volute and Header Pump
5. Definition of On-Demand Circulator Pumps
6. Applicability of Test Procedure Based on Pump Configurations
7. Basic Model
C. Rating Metric
D. Test Methods for Different Circulator Pump Categories and
Control Varieties
1. Definitions Related to Circulator Pump Control Varieties
2. Reference System Curve
3. Pressure Control
4. Temperature Control
5. Manual Speed Control
6. External Input Signal Control
7. No Controls or Full Speed Test
E. Determination of Circulator Pump Performance
1. Incorporation by Reference of HI 40.6-2021
2. Exceptions, Modifications and Additions to HI 40.6-2021
3. Calculation and Rounding Modifications and Additions
4. Rated Hydraulic Horsepower
F. Sampling Plan and Enforcement Provisions for Circulator Pumps
1. Sampling Plan
2. Enforcement Provisions
G. Representations of Energy Use and Energy Efficiency
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impacts
2. Harmonization With Industry Standards
I. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
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
F. Review Under Executive Order 12988
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

Pumps are included in the list of ``covered equipment'' for which
DOE is authorized to establish and amend energy conservation standards
and test procedures. (42 U.S.C. 6311(1)(A)) Circulator pumps, which are
the subject of this final rule, are a category of pumps. Circulator
pumps generally are designed to circulate water in commercial and
residential applications. Circulator pumps do not include dedicated-
purpose pool pumps, for which test procedures and energy conservation
standards are established in title 10 of the Code of Federal
Regulations (``CFR'') part 431 subpart Y. DOE has not previously
established test procedures or energy conservation standards applicable
to circulator pumps. The following sections discuss DOE's authority to
establish test procedures for circulator pumps and relevant background
information regarding DOE's consideration of test procedures for this
equipment.

[[Page 57265]]

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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 \2\ of EPCA, added by Public Law 96-619, Title
IV, section 441(a) (42 U.S.C. 6311-6317 as codified) established the
Energy Conservation Program for Certain Industrial Equipment, which
sets forth a variety of provisions designed to improve energy
efficiency. This equipment includes pumps, the subject of this
document. (42 U.S.C. 6311(1)(A))
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\1\ 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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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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),
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
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 other 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 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however,
grant waivers of Federal preemption for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use or estimated annual
operating cost of a type of covered equipment during a representative
average use cycle (as determined by the Secretary) and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6314(a)(2))
Before prescribing any final test procedures, the Secretary must
publish proposed test procedures 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)).
DOE is publishing this final rule in accordance with the statutory
authority in EPCA.

B. Background

As stated previously in this document, EPCA includes ``pumps''
among the industrial equipment listed as ``covered equipment'' for the
purpose of Part A-1, although EPCA does not define the term ``pump.''
(42 U.S.C. 6311(1)(A)) In a final rule published January 25, 2016, DOE
established a definition for ``pump,'' associated definitions, and test
procedures for certain pumps. 81 FR 4086 (``January 2016 TP final
rule''). ``Pump'' is defined as equipment designed to move liquids
(which may include entrained gases, free solids, and totally dissolved
solids) by physical or mechanical action and includes a bare pump and,
if included by the manufacturer at the time of sale, mechanical
equipment, driver, and controls. 81 FR 4086, 4147; 10 CFR 431.462.
Circulator pumps fall within the scope of this definition.
While DOE has defined ``pump'' broadly, the test procedure
established in the January 2016 TP final rule is applicable only to
certain categories of clean water pumps,\3\ specifically those that are
end suction close-coupled (``ESCC''); end suction frame mounted/own
bearings (``ESFM''); in-line (``IL''); radially split, multi-stage,
vertical, in-line casing diffuser (``RSV''); and submersible turbine
(``ST'') pumps with the following characteristics:
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\3\ A ``clean water pump'' is a pump that is designed for use in
pumping water with a maximum non-absorbent free solid content of
0.016 pounds per cubic foot, and with a maximum dissolved solid
content of 3.1 pounds per cubic foot, provided that the total gas
content of the water does not exceed the saturation volume and
disregarding any additives necessary to prevent the water from
freezing at a minimum of 14 [deg]F. 10 CFR 431.462.
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<bullet> Flow rate of 25 gallons per minute (``gpm'') or greater at
best efficiency point (``BEP'') at full impeller diameter;
<bullet> 459 feet of head maximum at BEP at full impeller diameter
and the number of stages specified for testing;
<bullet> design temperature range from 14 to 248 [deg]F;
<bullet> designed to operate with either: (1) a 2- or 4-pole
induction motor, or (2) a non-induction motor with a speed of rotation
operating range that includes speeds of rotation between 2,880 and
4,320 revolutions per minute (``rpm'') and/or 1,440 and 2,160 rpm, and
in either case, the driver and impeller must rotate at the same speed;
<bullet> 6-inch or smaller bowl diameter for ST pumps;
<bullet> A specific speed less than or equal to 5,000, when
calculated using U.S. customary units, for ESCC and ESFM pumps;
<bullet> Except for: fire pumps; self-priming pumps; prime-assist
pumps; magnet driven pumps; pumps designed to be used in a nuclear
facility subject to 10 CFR part 50, ``Domestic Licensing of Production
and Utilization Facilities''; and pumps meeting the design and
construction requirements set forth in any relevant military
specifications. \4\
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\4\ E.g., MIL-P-17639F, ``Pumps, Centrifugal, Miscellaneous
Service, Naval Shipboard Use'' (as amended); MIL-P-17881D, ``Pumps,
Centrifugal, Boiler Feed, (Multi-Stage)'' (as amended); MIL-P-
17840C, ``Pumps, Centrifugal, Close-Coupled, Navy Standard (For
Surface Ship Application)'' (as amended); MIL-P-18682D, ``Pump,
Centrifugal, Main Condenser Circulating, Naval Shipboard'' (as
amended); and MIL-P-18472G, ``Pumps, Centrifugal, Condensate, Feed
Booster, Waste Heat Boiler, And Distilling Plant'' (as amended).
Military specifications and standards are available at <a href="https://everyspec.com/MIL-SPECS">https://everyspec.com/MIL-SPECS</a>.
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10 CFR 431.464(a)(1); 81 FR 4086, 4148. The pump categories subject
to the current test procedures are referred to as ``general pumps'' in
this document. As stated, circulator pumps are not general pumps and
therefore, are not subject to the current pumps test procedure.
DOE also published a final rule establishing energy conservation
standards applicable to certain classes of general pumps. 81 FR 4368
(Jan. 26, 2016) (``January 2016 ECS final rule''); see also, 10 CFR
431.465.
The January 2016 TP final rule and the January 2016 ECS final rule
implemented the recommendations of the Commercial and Industrial Pump
Working Group (``CIPWG'') established through the Appliance Standards
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate
standards and a test procedure for

[[Page 57266]]

general pumps. (Docket No. EERE-2013-BT-NOC-0039) The CIPWG approved a
term sheet containing recommendations to DOE on appropriate standard
levels for general pumps, as well as recommendations addressing issues
related to the metric and test procedure for general pumps (``CIPWG
recommendations''). (Docket No. EERE-2013-BT-NOC-0039, No. 92)
Subsequently, ASRAC approved the CIPWG recommendations. The CIPWG
recommendations included initiation of a separate rulemaking for
circulator pumps. (Docket No. EERE-2013-BT-NOC-0039, No. 92,
Recommendation #5A at p. 2)
On February 3, 2016, DOE issued a notice of intent to establish the
circulator pumps working group to negotiate a notice of proposed
rulemaking (``NOPR'') for energy conservation standards and a test
procedure for circulator pumps, if possible, and to announce the first
public meeting. 81 FR 5658. The members of the Circulator Pump Working
Group (``CPWG'') were selected to ensure a broad and balanced array of
interested parties and expertise, including representatives from
efficiency advocacy organizations and manufacturers. Additionally, one
member from ASRAC and one DOE representative were part of the CPWG. 81
FR 5658, 5660. Table I.1 lists the 15 members of the CPWG and their
affiliations.
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\5\ All references in this document to the approved
recommendations included in 2016 Term Sheets are noted with the
recommendation number and a citation to the appropriate document in
the CPWG docket (e.g., Docket No. EERE-2016-BT-STD-0004, No. #,
Recommendation #X at p. Y). References to discussions or suggestions
of the CPWG not found in the 2016 Term Sheets include a citation to
meeting transcripts and the commenter, if applicable (e.g., Docket
No. EERE-2016-BT-STD-0004, [Organization], No. X at p. Y).

Table I.1--ASRAC Circulator Pump Working Group Members and Affiliations
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Member Affiliation
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Charles White........................ Plumbing-Heating-Cooling
Contractors Association.
Gabor Lechner........................ Armstrong Pumps, Inc.
Gary Fernstrom....................... California Investor-Owned
Utilities.
Joanna Mauer......................... Appliance Standards Awareness
Project.
Joe Hagerman......................... U.S. Department of Energy.
Laura Petrillo-Groh.................. Air-Conditioning, Heating, and
Refrigeration Institute.
Lauren Urbanek....................... Natural Resources Defense
Council.
Mark Chaffee......................... TACO, Inc.
Mark Handzel......................... Xylem Inc.
Peter Gaydon......................... Hydraulic Institute.
Richard Gussert...................... Grundfos Americas Corporation.
David Bortolon....................... Wilo Inc.
Russell Pate......................... Rheem Manufacturing Company.
Don Lanser........................... Nidec Motor Corporation.
Tom Eckman........................... Northwest Power and Conservation
Council (ASRAC member).
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The CPWG commenced negotiations at an open meeting on March 29,
2016, and held six additional meetings to discuss scope, metrics, and
the test procedure. The CPWG concluded its negotiations for test
procedure topics on September 7, 2016, with a consensus vote to approve
a term sheet containing recommendations to DOE on scope, definitions,
metric, and the basis of the test procedure (``September 2016 CPWG
Recommendations''). The September 2016 CPWG Recommendations are
available in the CPWG docket. (Docket No. EERE-2016-BT-STD-0004, No.
58)
The CPWG continued to meet to address potential energy conservation
standards for circulator pumps. Those meetings began on November 3-4,
2016, and concluded on November 30, 2016, with approval of a second
term sheet (``November 2016 CPWG Recommendations'') containing CPWG
recommendations related to energy conservation standards, applicable
test procedure, labeling and certification requirements for circulator
pumps. (Docket No. EERE-2016-BT-STD-0004, No. 98) ASRAC subsequently
voted unanimously to approve the September and November 2016 CPWG
Recommendations during a December 2016 meeting. (Docket No. EERE-2013-
BT-NOC-0005, No. 91 at p. 2) \5\
In a letter dated June 9, 2017, HI expressed its support for the
process that DOE initiated regarding circulator pumps and encouraged
the publishing of a NOPR and a final rule by the end of 2017. (Docket
No. EERE-2016-BT-STD-0004, HI, No.103 at p. 1) In response to an early
assessment review request for information (``RFI'') published on
September 28, 2020 regarding the existing test procedures for general
pumps (85 FR 60734, ``September 2020 Early Assessment RFI''), HI
commented that it continues to support the recommendations from the
CPWG. (Docket No. EERE-2020-BT-TP-0032, HI, No. 6 at p. 1) NEEA also
referenced the September 2016 CPWG Recommendations and recommended that
DOE adopt test procedures for circulator pumps in the pumps rulemaking
or a separate rulemaking. (Docket No. EERE-2020-BT-TP-0032, NEEA, No. 8
at p. 8)
On May 7, 2021, DOE published a RFI related to test procedures and
energy conservation standards for circulator pumps and small vertical
in-line pumps. 86 FR 24516 (``May 2021 RFI''). Subsequently, DOE
published a notice of NOPR for the test procedure on December 20, 2021,
presenting DOE's proposals to establish a circulator pump test
procedure and requesting comment. (the ``December 2021 NOPR'') 86 FR
72096. DOE held a public webinar related to the December 2021 NOPR on
February 2, 2022.
DOE received comments in response to the December 2021 NOPR from
the interested parties listed in Table I.1.

[[Page 57267]]

Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
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Commenter(s) Reference in this final rule Docket number Commenter type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York State Energy Research and NYSERDA....................... EERE-2016-BT-TP-0033-0006..................... State.
Development Authority.
Grundfos Americas Corporation..... Grundfos...................... EERE-2016-BT-TP-0033-0007..................... Manufacturer.
Appliance Standards Awareness Joint Advocates............... EERE-2016-BT-TP-0033-0008..................... Efficiency Organizations.
Project, American Council for an
Energy-Efficient Economy, Natural
Resources Defense Council.
Hydraulic Institute............... HI............................ EERE-2016-BT-TP-0033-0009..................... Trade Association.
Pacific Gas and Electric Company, CA IOUs....................... EERE-2016-BT-TP-0033-0010..................... Utilities.
San Diego Gas and Electric, and
Southern California Edison.
Northwest Energy Efficiency NEEA.......................... EERE-2016-BT-TP-0033-0011..................... Efficiency Organization.
Alliance.
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DOE also received a comment from Kobel that was supportive but did
not address the substance of the proposals. (Docket No. EERE-2016-BT-
TP-0033-0005) A parenthetical reference at the end of a comment
quotation or paraphrase provides the location of the item in the public
record.\6\
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for circulator pumps. (Docket No. EERE-2016-BT-TP-
0033, which is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references
are arranged as follows: (commenter name, comment docket ID number,
page of that document).
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II. Synopsis of the Final Rule

In this final rule, DOE is establishing a test procedure in subpart
Y to 10 CFR part 431 that includes methods to (1) measure the
performance of the covered equipment, and (2) use the measured results
to calculate a circulator energy index (``CEI'') to represent the
weighted average electric input power to the driver over a specified
load profile, normalized with respect to a circulator pump serving the
same hydraulic load that has a specified minimum performance level.\7\
The test procedure and metric are similar in concept to the test
procedure and metric established in subpart Y to 10 CFR part 431 for
general pumps.
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\7\ The performance of a comparable pump that has a specified
minimum performance level is referred to as the circulator energy
rating.
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DOE's test method for circulator pumps includes measurements of
head, flow rate, and driver power input, all of which are required to
calculate CEI, as well as other quantities to characterize the rated
circulator pump performance (e.g., pump power output (hydraulic
horsepower), speed, wire-to-water efficiency). For consistent and
uniform measurement of these values, DOE is incorporating the test
methods established in HI 40.6-2021, ``Methods for Rotodynamic Pump
Efficiency Testing,'' with certain exceptions. In order to specify
methods to use the measured results to calculate the Circulator Energy
Rating (``CER'') for different circulator varieties, DOE is also
incorporating certain sections of HI 41.5-2022, ``Hydraulic Institute
Program Guideline for Circulator Pump Energy Rating Program.''
DOE reviewed the relevant sections of HI 40.6-2021 and HI 41.5-2022
and determined that those sections will produce test results that
reflect the energy efficiency, energy use, or estimated operating costs
of a circulator pump during a representative average use cycle. (42
U.S.C. 6314(a)(2)) DOE also reviewed the burdens associated with
conducting the circulator pump test procedure adopted in this final
rule and based on the results of such analysis, found that the test
procedure would not be unduly burdensome to conduct. (42 U.S.C.
6314(a)(2)) DOE's analysis of the burdens associated with the test
procedure is presented in section III.H.1 of this document.
This final rule also establishes requirements regarding the
sampling plan and representations for circulator pumps at 10 CFR part
429 subpart B. The sampling plan requirements are similar to those
established for general pumps. DOE also adopts provisions regarding
allowable representations of energy consumption, energy efficiency, and
other relevant metrics manufacturers may make regarding circulator pump
performance (as discussed in section III.G of this document).
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. Manufacturers are not required to test according to the DOE
test procedure until such time as compliance is required with energy
conservation standards for circulator pumps, should DOE establish such
standards. Manufacturers choosing to make voluntary representations
would be required to test the subject circulator pump according to the
established test procedure, and any such representations would have to
fairly disclose the results of such testing.

III. Discussion

In this test procedure final rule, DOE establishes test procedures
and related definitions for circulator pumps in subpart Y of 10 CFR
part 431, amends 10 CFR 429.59 to establish sampling plans for this
equipment, and establishes enforcement provisions for this equipment in
10 CFR 429.110 and 10 CFR 429.134. The requirements and amendments are
summarized in Table III.1.

[[Page 57268]]

Table III.1--Summary of Topics in This Test Procedure Final Rule, Their Location Within the Code of Federal
Regulations, and the Applicable Preamble Discussion
----------------------------------------------------------------------------------------------------------------
Applicable preamble
Topic Location in CFR Summary of requirements discussion
----------------------------------------------------------------------------------------------------------------
Definitions.......................... 10 CFR 431.462......... Defines circulator pump Sections III.B.2,
as well as varieties III.B.3, III.B.4,
of circulator pumps III.B.5, III.B.7, and
and circulator pump III.D.1.
controls.
Test Procedure....................... 10 CFR 431.464 & Establishes CEI as the Sections III.C, III.D,
Appendix D. metric for circulator and III.E.
pumps, incorporate by
reference HI 40.6-
2021, and provides
additional
instructions for
determining the CEI
(and other applicable
performance
characteristics) for
circulator pumps.
Sampling Plan........................ 10 CFR 429.59.......... Specifies the minimum Section III.F.1.
number of circulator
pumps to be tested to
rate a basic model and
determination of
representative values.
Enforcement Provisions............... 10 CFR 429.110 & 10 CFR Establishes a method Section III.F.2.
429.134. for determining
compliance of
circulator pump basic
models.
----------------------------------------------------------------------------------------------------------------

The following sections discuss DOE's specific regulations regarding
circulator pumps. Section III.B presents definitions for categorizing
and testing of circulator pumps. Sections III.C, III.D, III.E, and
III.F discuss the metric, test procedure, and certification and
enforcement provisions for tested circulator pump models. Section III.G
discusses representations of energy use and energy efficiency for
circulator pumps.

A. General Comments

In response to the December 2021 NOPR, several commenters expressed
general statements related to the proposed test procedure. NYSERDA
stated that circulator pumps have a large energy savings potential, as
they are commonly used in multifamily and commercial buildings to
reduce hot water demand time for occupants, and a test procedure that
accurately measures their energy use is vital to measuring code impacts
and meeting New York's greenhouse gas reduction goals. NYSERDA added
that the CPWG developed a thorough set of recommendations, including
definitions, outline of scope, and proposed test procedure, that DOE
should implement. (NYSERDA, No. 6 at p. 1) Joint Advocates supported
the CPWG recommendations along with the changes proposed in the
December 2021 NOPR, consistent with HI 41.5-2021, which were based on
stakeholder feedback in response to the May 2021 RFI. (Joint Advocates,
No. 8 at p. 1) CA IOUs supported the proposed test procedure for the
CEI metric. (CA IOUs, No. 10 at p. 1) And NEEA supported DOE's progress
towards establishing a test procedure and standard for circulator
pumps, stating that most major manufacturers have been prepared to meet
a DOE standard since the CPWG concluded in 2016. (NEEA, No. 11 at p. 1)
ASAP stated that they support the CPWG recommendations as well as the
proposed modification based on stakeholder comments. (ASAP, No. 4 at p.
5)
HI stated that HI and its member companies producing circulators
have continued the work of the CPWG since 2016, by publishing HI 41.5-
2021. HI explained that the industry-led program has been implemented
by manufacturers with energy efficient circulators labeled per the HI
41.5 program and listed on the program website. (HI, No. 9 at p. 1)
As discussed in the following sections, DOE is adopting a test
procedure generally consistent with the procedure proposed in the
December 2021 NOPR, and generally consistent with the recommendations
of the CPWG.

B. Scope and Definitions

As discussed, in the January 2016 TP final rule, DOE adopted a
definition for ``pump,'' as well as definitions for other pump
component- and configuration-related definitions. 81 FR 4086, 4090-4094
(Jan. 25, 2016); see also 10 CFR 431.462. DOE recognized circulator
pumps as a category of pumps, but DOE did not define ``circulator
pump.'' 81 FR 4086, 4097.
In this final rule, DOE is establishing a definition of circulator
pump, associated definitions for categories of circulator pumps, as
well as related definitions for control varieties of circulator pumps
(see sections III.B.2, III.B.3, III.B.4, III.B.5 and III.D.1 of this
final rule). These definitions are necessary to establish the scope of
applicability of the circulator pump test procedure. The scope of the
test procedure is discussed in section III.B.6 of this document.
1. CPWG Recommendations
The September 2016 Circulator Pump Recommendations addressed the
scope of a circulator pumps rulemaking. Specifically, the CPWG
recommended that the scope of a circulator pumps test procedure and
energy conservation standards cover clean water pumps (as defined at 10
CFR 431.462) distributed in commerce with or without a volute \8\ and
that are one of the following categories: wet rotor circulator pumps,
dry rotor close-coupled circulator pumps, and dry rotor mechanically-
coupled circulator pumps. The CPWG also recommended that the scope
exclude submersible pumps and header pumps. 86 FR 24516, 24520; (Docket
No. EERE-2016-BT-STD-0004, No. 58, Recommendations #1A, 2A and 2B at
pp. 1-2) The CPWG also recommended several definitions relevant to
scope, see discussion in sections III.B.3 through III.B.5. 86 FR 24516,
24520; (Docket No. EERE-2016-STD-0004, No. 58, Recommendation #2B, 3A,
and 3B at pp. 2-3)
---------------------------------------------------------------------------

\8\ Volutes are also sometimes referred to as a ``housing'' or
``casing.''
---------------------------------------------------------------------------

DOE notes that generally these definitions recommended by the CPWG
rely on terms previously defined in the January 2016 TP final rule,
including ``close-coupled pump,'' ``mechanically-coupled pump,'' ``dry
rotor pump,'' ``single axis flow pump,'' and ``rotodynamic pump.'' 81
FR 4086, 4146-4147; 10 CFR 431.462. In addition, the recommended
definition for submersible pump is the same as that already defined in
a 2017 test procedure final rule for dedicated-purpose pool pumps
(``DPPP'') (``August 2017 DPPP TP final rule''). 82 FR 36858, 36922
(August 7, 2017); 10 CFR 431.462.
DOE discusses the definitions of wet rotor circulator pump; dry
rotor, two-

[[Page 57269]]

piece circulator pump; dry rotor, three-piece circulator pump; and
horizontal motor in section III.B.3, header pump in section III.B.4,
and submersible pump in section III.B.6 of this final rule.
2. Definition of Circulator Pump
In the December 2021 NOPR, DOE proposed a definition of circulator
pump at 10 CFR 431.462 consistent with the definition recommended by
the CPWG and informed by the standard American National Standards
Institute (``ANSI'')/HI 1.1-1.2-2014 standard (``ANSI/HI 1.1-1.2-
2014''), ``Rotodynamic Centrifugal Pumps for Nomenclature and
Definitions.'' 86 FR 72096, 72101-72102. Specifically, DOE proposed the
following definition for circulator pump:
Circulator pump is a pump that is either a wet rotor circulator
pump; a dry rotor, two-piece circulator pump; or a dry rotor, three-
piece circulator pump. A circulator pump may be distributed in commerce
with or without a volute.
Id. at 86 FR 72102.
DOE requested comment on the proposed definition for circulator
pump. Id. In response to the December 2021 NOPR, HI, Grundfos, NEEA,
and NYSERDA agreed with the proposed definition of circulator pumps.
(HI, No. 9 at p. 3; Grundfos, No. 7 at p. 1; NEEA, No. 11 at p. 2;
NYSERDA, No. 6 at p. 1)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts the definition of
circulator pump as proposed in the December 2021 NOPR.
The definitions of the pump categories that comprise the scope of
``circulator pump'' are addressed in the following section.
3. Definition of Circulator Pump Varieties
In the December 2021 NOPR, DOE proposed to adopt definitions for
wet rotor circulator pump; dry rotor, two-piece circulator pump; and
dry rotor, three-piece circulator pump at 10 CFR 431.462 as recommended
by the CPWG and supported by stakeholder comments in response to the
May 2021 RFI. 86 FR 72096, 72102. The proposed definitions are as
follows:
Wet rotor circulator pump means a single stage, rotodynamic, close-
coupled, wet rotor pump. Examples include, but are not limited to,
pumps generally referred to in industry as CP1.
Dry rotor, two-piece circulator pump means a single stage,
rotodynamic, single-axis flow, close-coupled, dry rotor pump that:
(1) Has a rated hydraulic power less than or equal to five
horsepower at best efficiency point at full impeller diameter,
(2) Is distributed in commerce with a horizontal motor, and
(3) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft. Examples include, but are not limited to,
pumps generally referred to in industry as CP2.
Dry rotor, three-piece circulator pump means a single stage,
rotodynamic, single-axis flow, mechanically-coupled, dry rotor pump
that:
(1) Has a hydraulic power less than or equal to five horsepower at
best efficiency point at full impeller diameter,
(2) Is distributed in commerce with a horizontal motor, and
(3) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft. Examples include, but are not limited to,
pumps generally referred to in industry as CP3.
Id. at 86 FR 72139.
In the December 2021 NOPR, DOE also proposed a definition for
horizontal motor, consistent with the intent of the CPWG:
Horizontal motor means a motor, for which the motor shaft position
when functioning under operating conditions specified in manufacturer
literature, includes a horizontal position.
Id. at 86 FR 72102.
DOE tentatively concluded that the proposed modification to the
horizontal motor definition would provide additional specificity but
would not in practice change the pumps currently excluded from the IL
pump definition (and now proposed to be included in the circulator pump
definition) through use of the term. Id.
DOE requested comment on the proposed definition for horizontal
motor, including whether it met the intent of the CPWG recommendation
or whether it would include other motors not intended to be captured in
the definition. Id.
NYSERDA supported the definitions of wet rotor circulator pump; dry
rotor, two-piece circulator pump; dry rotor, three-piece circulator
pump; and horizontal motor, as recommended by the CPWG. (NYSERDA, No. 6
at pp. 1-2) HI and Grundfos agreed with the proposed definition of
horizontal motor and stated that it meets the intent of the CPWG. (HI,
No. 9 at p. 3; Grundfos, No. 7 at p. 1) NEEA agreed also with the
proposed definition of horizontal motor and stated the definition was
consistent with the intent of CPWG. (NEEA, No. 11 at p. 2)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts the definitions of
wet rotor circulator pump; dry rotor, two-piece circulator pump; dry
rotor, three-piece circulator pump; and horizontal motor as proposed in
the December 2021 NOPR.
4. Definition of Circulator-Less-Volute and Header Pump
In the December 2021 NOPR, DOE discussed that some circulator pumps
are distributed in commerce as a complete assembly with a motor,
impeller, and volute, while other circulator pumps are distributed in
commerce with a motor and impeller, but without a volute (herein
referred to as ``circulators-less-volute''). Some circulators-less-
volute are solely intended to be installed in other equipment, such as
a boiler, using a cast piece in the other piece of equipment as the
volute, while others can be installed as a replacement for a failed
circulator pump in an existing system or newly installed with a paired
volute in the field. 86 FR 72096, 72102; (Docket No. EERE-2016-BT-STD-
0004, No. 47 at pp. 371-372; Docket No. EERE-2016-BT-STD-0004, No. 70
at p. 99) The CPWG recommended excluding circulator pumps that are
distributed in commerce exclusively to be incorporated into other OEM
equipment, such as boilers or pool heaters. 86 FR 72096, 72103; (Docket
No. EERE-2016-BT-STD-0004, No. 74 at pp. 413-416)
As stated in the December 2021 NOPR, the CPWG suggested referring
to circulator-less-volute that are intended solely for installation in
another piece of equipment and do not have a paired volute that is
distributed in commerce as ``header pumps,'' and recommended defining
header pump as pump that consists of a circulator-less-volute intended
to be installed in an [original equipment manufacturer] ``OEM'' piece
of equipment that serves as the volute. 86 FR 72096, 72103; (Docket No.
EERE-2016-BT-STD-0004, No. 74 at pp. 384-386; No. 58 Recommendation #2B
at p. 2)
The CPWG recommended that for header pumps distributed in commerce
with regulated equipment, DOE should consider modifying the test
procedure and metric for such regulated equipment during the next round
of applicable rulemakings to account for the energy use of header pumps
in a modified metric. For header pumps distributed in commerce with
non-regulated equipment, the CPWG recommended that DOE should consider

[[Page 57270]]

test procedures and standards for such pumps or equipment at a later
date. (Docket No. EERE-2016-BT-STD-0004, No. 58 Non-Binding
Recommendation to the Secretary #2 at p. 10); 86 FR 72096, 72103.
In the December 2021 NOPR, DOE tentatively agreed that a
circulator-less-volute designed solely for use as a component in a
separate piece of equipment should be distinguished from a circulator-
less-volute generally. To provide a distinction between a circulator-
less-volute and a header pump, DOE proposed to add additional detail
within the definition of header pump recommended by the CPWG and to add
a definition of circulator-less-volute to be mutually exclusive from
the definition of a header pump. These definitions proposed by DOE are
as follows:

Header pump means a circulator pump distributed in commerce
without a volute and for which a paired volute is not distributed in
commerce. Whether a paired volute is distributed in commerce will be
determined based on published data, marketing literature, and other
publicly available information.

Circulator-less-volute means a circulator pump distributed in
commerce without a volute and for which a paired volute is also
distributed in commerce. Whether a paired volute is distributed in
commerce will be determined based on published data, marketing
literature, and other publicly available information.
86 FR 72096, 72103.
DOE requested comment on the proposed definitions of header pump
and circulator-less-volute. Id. DOE also tentatively concluded that
requiring testing of header pumps using a reference volute, as required
in EU Regulation No 622/2012, may result in a rating that is not
representative of its energy use in the equipment for which it is
designed, and that assessing header pump energy use within broader
equipment categories in which they are embedded, such as boilers, may
be more appropriate. As such, DOE did not propose to include header
pumps in the scope of the test procedure, nor did it propose a test
method for them. Id.
In response to the December 2021 NOPR, NYSERDA supported the
definition of header pump as recommended by the CPWG. (NYSERDA, No. 6
at p. 2) HI and NEEA agreed with the proposed definitions of header
pump and circulator-less-volute. (HI, No. 9 at p. 3; NEEA, No. 11 at p.
2)
Grundfos agreed with the proposed definition of circulator-less-
volute but stated that header pumps should be included in this
definition and covered by the circulator-less-volute testing
requirements. (Grundfos, No. 7 at p. 1) Additionally, Grundfos noted
that the CPWG's basis for excluding header pumps was because an OEM
specific volute was not available for testing. Grundfos commented that
header pumps are generally the same as standard circulator-less-volutes
in the market and that representative volutes already exist or can be
created by manufacturers. Grundfos stated that DOE should require that
header pumps be tested like circulators-less-volute, except that the
manufacturer determines the volute to be used and make this volute
available for testing on the open market so that all interested parties
can purchase and test the pump in the same manner it was certified.
Grundfos noted that allowing header pumps to exist on the market
without testing creates a loophole that can be exploited to avoid
meeting the test standard and efficiency standard requirements.
(Grundfos, No. 7 at p. 4)
While Grundfos has suggested a method for testing header pumps, DOE
observes that the suggested method would increase burden on
manufacturers by requiring creation of volutes that may not be used in
commerce (given that header pumps are intended solely for installation
in another piece of equipment) and requiring them to be available for
testing on the open market. Additionally, by requiring testing with
volutes for which the application is only for equipment testing, the
suggested method would not be representative of an average use.
Grundfos did not address DOE's tentative determination regarding lack
of representativeness of testing header pumps with reference volutes.
As such, in this final rule, DOE adopts the definitions of header pump
and circulator-less-volute as proposed in the December 2021 NOPR and is
not including header pumps within the scope of the test procedure nor
adopting a test method for header pumps.
5. Definition of On-Demand Circulator Pumps
In the December 2021 NOPR, DOE stated that on-demand circulator
pumps are designed to maintain hot water supply within a temperature
range by activating in response to a signal, such as user presence. 86
FR 72096, 72104. Discussion during CPWG meetings suggested that the
purpose of recommending a definition for on-demand circulator pumps
would be to allow for the possibility of considering them as a separate
equipment class with a different standard level, while still applying
the metric and test procedure to them. (Docket No. EERE-2016-BT-STD-
0004-0069, p. 199)
The CPWG discussed that on-demand controls do not reduce the speed
of the pump, but rather reduce the hours of use. Pumps with on-demand
controls could also have speed controls, which the recommended metric
would capture. (Docket No. EERE-2016-BT-STD-0004-0069, pp. 172-173) In
addition, CPWG members discussed that the extent to which time-based
controls are used is unknown (Id. at p. 176), and that rather than
attempting to capture it in the metric, utility programs could consider
prescriptive rebates associated with these controls. (Id. at p. 178) In
addition, CPWG members suggested that legionella concerns would limit
the application of on-demand controls.\9\ (Id. at pp. 195-196)
---------------------------------------------------------------------------

\9\ As discussed in the transcript, situations where water is
stagnant and the temperature drops can result in growth of
legionella.
---------------------------------------------------------------------------

DOE notes that neither HI 41.5-2021 nor HI 41.5-2022 address on-
demand circulator pumps. DOE proposed to define on-demand circulator
pump at 10 CFR 431.462 consistent with the definition recommended by
the CPWG, as follows:
On-demand circulator pump means a circulator pump that is
distributed in commerce with an integral control that:
<bullet> Initiates water circulation based on receiving a signal
from the action of a user [of a fixture or appliance] or sensing the
presence of a user of a fixture and cannot initiate water circulation
based on other inputs, such as water temperature or a pre-set schedule.
<bullet> Automatically terminates water circulation once hot water
has reached the pump or desired fixture.
<bullet> Does not allow the pump to operate when the temperature in
the pipe exceeds 104 [deg]F or for more than 5 minutes continuously.
86 FR 72096, 72104.
DOE did not propose to exclude on-demand circulator pumps from the
scope of the test procedure or to develop a credit for such controls in
the December 2021 NOPR. DOE noted that if on-demand circulator pumps
are equipped with other controls that reduce speed, they may be tested
according to the relevant test methods rather than using the no
controls test. Id. DOE stated that it would consider whether standards
were appropriate for this equipment in a future energy conservation
standards rulemaking. Id.
DOE requested comment on its proposal to include on-demand
circulator pumps within the scope of

[[Page 57271]]

this test procedure. DOE also requested data and information that would
justify a CEI credit for on-demand circulator pumps. 86 FR 72096,
72104.
Joint Advocates supported inclusion of on-demand controls but noted
that the energy savings benefits of reduced run time would not be
directly captured by the test procedure. Joint Advocates explained that
on-demand controls have the potential to reduce energy consumption in
water recirculation applications. Joint Advocates encouraged DOE to
consider options to promote the adoption of on-demand controls that
reduce energy consumption by reducing circulator pump run-time. (Joint
Advocates, No. 8 at p. 3)
CA IOUs supported DOE's proposed definition of the on-demand
circulator pump product class, in particular that a product must be
exclusively an on-demand circulator and should not support additional
control modes typical of other circulator products (e.g., constant
pressure), or support bypass functionality, ensuring that users receive
consistent run-hour reduction benefits relative to conventional
products. (CA IOUs, No. 10 at p. 2) CA IOUs stated they aim to
encourage widespread market adoption in the domestic hot water sector,
in part by maintaining the cost benefit to consumers of this product.
CA IOUs included an analysis of potential costs and benefits to a
consumer when applying a 1.0 CEI requirement, which would imply an
electrically commutated motor (``ECM''). CA IOUs stated that, based on
their analysis, cost is the largest influencing factor of consumer
payback, followed by runtime hours, with CEI as the least influential
factor.\10\ Based on this, CA IOUs encouraged DOE to develop a
methodology for on-demand circulator products that does not require the
ECM level unless lifecycle cost effectiveness can be demonstrated. (CA
IOUs, No. 10 at pp. 3-5). CA IOUs stated that baseline operating hours
of a domestic hot water circulator product is 6,400 hours per year and
the on-demand product is instead 92, a ratio of 0.014. CA IOUs
encouraged DOE to develop a CEI score for circulator products that
demonstrates the substantial energy savings available and allows for
field representative lifecycle cost-benefit calculations. (CA IOUs, No.
10 at p. 5)
---------------------------------------------------------------------------

\10\ CA IOUs also included a discussion regarding potential
economics for consumers with electric water heaters versus natural
gas water heaters.
---------------------------------------------------------------------------

NEEA recommended that DOE require testing circulator pumps at full
speed but provide a CEI credit for circulator pumps intended for
domestic hot water recirculation equipped with run-hour controls. NEEA
stated that eliminating unnecessary operation at no cost of convenience
or performance to customers, is the most significant method to reduce
circulator energy consumption. NEAA added that ignoring this factor
misses an important opportunity for energy conservation and fails to
communicate energy savings to the market. NEEA commented that a CEI
credit is the most effective strategy to convey this factor to
consumers. (NEEA, No. 11 at pp. 1-2)
Additionally, NEEA stated that efficient run hour controls include
temperature (i.e., aquastat), on-demand, learning, or a combination of
timer and temperature run-hour controls. NEEA noted that the Regional
Technical Forum's circulator measure workbook contains calculations
about the potential energy savings from run-hour controls on domestic
hot water circulators, and that according to this analysis, run-hour
controls reduce energy consumption by 50 percent to 99 percent. NEEA
stated that the CEI credit should accurately reflect the energy savings
reduction from each control type. However, NEEA commented that savings
from learning-based controls are less well-proven in the field, and
that there is concern that timer-based controls can be overridden or
set to a high number of hours to avoid homeowner complaints. But NEEA
noted also that their research indicates that timer-controls are
relatively consistently applied. (NEEA, No. 11 at p. 4) NEEA suggested
that there should be different CEI credits for different control types,
especially on-demand and temperature-based, due to differences between
commercial and residential applications. (NEEA, No. 11 at pp. 4-5)
NEEA recommended that rating equipment with applicable run hours
controls should be optional so as to represent an opportunity rather
than a burden, especially for manufacturers of equipment with on-demand
controls that cannot operate without them, to potentially comply with
future standards without redesigning the motor. NEEA stated that
circulators that can only be operated with on-demand controls represent
a small portion of the market but are very efficient due to extremely
low run hours and increasing the efficiency of the pump and motor would
likely not be cost effective. NEEA stated that an appropriate CEI
credit could allow such equipment to remain on the market at a cost-
competitive price point, which may increase their adoption and lead to
more overall pump and hot water savings. (NEEA, No. 11 at p. 5)
NEEA stated that in order for the CEI credit to not represent a
loophole in the standard, DOE must calibrate the credit to ensure it
provides a comparable and meaningful metric compared to the hydronic
heating controls currently proposed in the test procedure, and require
rating with the most consumptive control available, such that the mere
availability of run-hour controls (or other efficient controls) do not
circumvent the desired efficiency of the standard. NEEA suggested that
DOE consider the relative run hours of hydronic heating versus domestic
hot water installations, as temperature-based run-hour controls may run
a similar number of hours as hydronic heating controls and a
significant credit may not be warranted. (Id.)
NEEA noted that the CEI credit concept was not discussed in the
CPWG nor approved in the term sheet, and that an appropriate credit and
certification system may take time to develop and implement. NEEA
stated that, while DOE could make a reasonable proposal now, the
addition of special treatment for run-hours-controls-equipped
circulators could be considered in the future with more opportunity for
discussion and input. In this case, NEEA recommended that on demand
circulators not be exempted and be covered by the applicable test
procedure and any future standard to provide consistency for
manufacturers and the market. (NEEA, No. 11 at p. 5)
HI agreed with the proposed definition of on-demand circulator pump
and inclusion of on-demand circulating pump within the scope of the
test procedure. However, HI stated that domestic hot water circulators
come with several intermittent control methods, including temperature
and timer, that all provide reduced energy consumption versus a
circulator under continuous operation. HI stated that as DOE only
identified on-demand controls in the December 2021 NOPR, DOE should not
consider credits for them. HI stated that in future rulemakings DOE
should consider creating a category and test procedure calculations for
intermittent controlled domestic hot water circulator pumps that define
an average use case for this new category of pumps, including operating
hours and load points. (HI, No. 9 at p. 3) Grundfos stated that
inclusion of on-demand circulator pumps is warranted but commented
similarly to HI regarding the other control methods that were not
included, recommending that these categories should be included in a
separate rulemaking. (Grundfos, No. 7 at p. 1)

[[Page 57272]]

After reviewing and considering all the comments on on-demand
circulator pumps, DOE is adopting a definition for on-demand circulator
pumps and a scope of applicability for the test procedure that includes
on-demand circulator pumps, as proposed. DOE is not adopting a CEI
credit for on-demand circulators in this rulemaking. Such a credit was
not discussed by the CPWG, nor proposed in the NOPR. As noted by the
commenters, development of further information as to the prevalence,
variety, and operation of on-demand controls is likely needed.
Accordingly, DOE is not addressing a CEI credit for on-demand
circulator pumps in this final rule. In response to the comments from
CA IOUs and NEEA, DOE will consider the appropriate scope and product
categories for standards for on-demand circulators in a separate energy
conservation rulemaking.
6. Applicability of Test Procedure Based on Pump Configurations
In the December 2021 NOPR, DOE proposed that the test procedure
would be applicable to circulator pumps that are clean water pumps,
including circulators-less-volute and on-demand circulator pumps, and
excluding header pumps and submersible pumps (as recommended by the
CPWG). DOE requested comment on the proposed scope. 86 FR 72096, 72105.
NEEA agreed with the proposed scope of applicability. (NEEA, No. 11
at p. 2) NYSERDA supported the proposed test procedure scope,
specifically as limited to clean water pumps, consistent with the scope
of general pumps. (NYSERDA, No. 6 at p. 2) HI agreed with the proposed
scope of applicability to exclude header pumps and submersible pumps
but include circulator-less-volute pumps. (HI, No. 9 at p. 4) Joint
Advocates supported exclusion of header pumps. (Joint Advocates, No. 8
at p. 1)
Grundfos agreed that submersible pumps should be excluded but
stated that header pumps should be included. (Grundfos, No. 7 at p. 1)
As discussed in section III.B.4 of this document, DOE continues to
have concerns about the representativeness of including header pumps in
the scope of the test procedure and, therefore, is not including them
in scope.
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE is adopting the scope as
proposed in the December 2021 NOPR.
7. Basic Model
In the course of regulating consumer products and commercial and
industrial equipment, DOE has developed the concept of a ``basic
model'' to determine the specific product or equipment configuration(s)
to which the regulations would apply. For the purposes of applying the
proposed circulator pump regulations, DOE proposed to rely on the
definition of ``basic model'' as currently defined at 10 CFR 431.462.
86 FR 72096, 72105. DOE stated that application of the current
definition of ``basic model'' would allow manufacturers of circulator
pumps to group similar models within a basic model to minimize testing
burden, while ensuring that key variables that differentiate circulator
pump energy performance or utility are maintained as separate basic
models. Id. As proposed, manufacturers would be required to test only a
representative number of units of a basic model in lieu of testing
every model they manufacture. Id. As proposed, individual models of
circulator pumps would be permitted to be grouped under a single basic
model, so long as all grouped models have the same representative
energy performance, which is representative of the least efficient or
most consumptive unit. Id.
Specifically, for pumps, DOE's existing definition of basic model
is as follows:
Basic model means all units of a given class of pump manufactured
by one manufacturer, having the same primary energy source, and having
essentially identical electrical, physical, and functional (or
hydraulic) characteristics that affect energy consumption, energy
efficiency, water consumption, or water efficiency; and, in addition,
for pumps that are subject to the standards specified in 10 CFR
431.465(b), the following provisions also apply:

(1) All variations in numbers of stages of bare RSV and ST pumps
must be considered a single basic model;
(2) Pump models for which the bare pump differs in impeller
diameter, or impeller trim, may be considered a single basic model;
and
(3) Pump models for which the bare pump differs in number of
stages or impeller diameter, and which are sold with motors (or
motors and controls) of varying horsepower may only be considered a
single basic model if:
(i) For ESCC, ESFM, IL, and RSV pumps, each motor offered in the
basic model has a nominal full load motor efficiency rated at the
Federal minimum (see the current table for NEMA Design B motors at
Sec. 431.25) or the same number of bands above the Federal minimum
for each respective motor horsepower (see Table 3 of appendix A to
subpart Y of this part); or
(ii) For ST pumps, each motor offered in the basic model has a
full load motor efficiency at the default nominal full load
submersible motor efficiency shown in Table 2 of appendix A to
subpart Y of this part or the same number of bands above the default
nominal full load submersible motor efficiency for each respective
motor horsepower (see Table 3 of appendix A to subpart Y of this
part).

10 CFR 431.462.

In the December 2021 NOPR, DOE stated that only the general
provisions of the basic model definition would be applicable to
circulator pumps and no additional provisions specific to circulator
pumps would be necessary. 86 FR 72096, 72106. DOE requested comment on
the proposed applicability of the definition of ``basic model'' at 10
CFR 431.462 to circulator pumps and any characteristics unique to
circulator pumps that may necessitate modifications to that definition.
Id.
HI and Grundfos agreed that the main paragraph of the basic model
definition is accurate for circulator pumps, but stated that DOE should
explicitly exclude parts 1, 2, and 3 of the definition. (HI, No. 9 at
p. 4; Grundfos, No. 7 at p. 2)
As discussed in the December 2021 NOPR, provisions (1)-(3) of the
basic model definition would not apply to circulator pumps based on the
nature of how circulator pumps are designed and distributed in
commerce. 86 FR 72096, 72106. Therefore, DOE does not need to exclude
these provisions explicitly and instead applies the existing definition
of ``basic model'' at 10 CFR 431.462 to circulator pumps, consistent
with the application of that definition to dedicated-purpose pool
pumps, for which provisions (1)-(3) would also not be applicable due to
lack of variation in stages and impeller trims within a pump model.

C. Rating Metric

In the December 2021 NOPR, DOE proposed to adopt the CEI metric as
the performance-based metric for representing the energy performance of
circulator pumps, as defined in equation (1), and consistent with
Section 41.5.3.2 of HI 41.5-2021. 86 FR 72096, 72107. DOE noted that
while HI 41.5-2021 defines the denominator as CER<INF>REF</INF>, DOE
believed that the terminology CER<INF>STD</INF> is more reflective of
the Federal energy conservation standards. Id. Any standards considered
for any circulator pumps for which the CEI is applicable would use this
metric as a basis for the standard level.

[[Page 57273]]

[GRAPHIC] [TIFF OMITTED] TR19SE22.017

Where:

CER = circulator energy rating (hp); and
CER<INF>STD</INF> = circulator energy rating for a minimally
compliant circulator pump serving the same hydraulic load.

Id.

In the December 2021 NOPR, DOE stated that the CPWG specified a
method for determining the denominator of the metric with procedures to
determine the minimally compliant overall efficiency at the various
test points based on the hydraulic performance of the rated circulator
pump. 86 FR 72096, 72106; (Docket No. EERE-2016-BT-STD-0004, No. 98
Recommendations #1 and 2A-D at pp. 1-4). As discussed, the denominator
would represent the energy efficiency of a circulator pump that is
minimally compliant with the applicable energy conservation standard,
should DOE establish such a standard. Were DOE to conduct a rulemaking
to propose energy conservation standards for circulator pumps, DOE
would discuss in detail the derivation of the denominator, as well as
an analysis as required by EPCA to evaluate any such standard level to
determine the level designed to achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified, as required under EPCA.\11\ DOE noted that the recommended
method for determining the denominator relies on the hydraulic
horsepower of the rated circulator pump, which was also discussed in
the December 2021 NOPR. 86 FR 72096, 72106-72107.
---------------------------------------------------------------------------

\11\ For more information on any energy conservation standard
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

DOE requested comment on its proposal to adopt CEI as the metric to
characterize the energy use of certain circulator pumps and on the
proposed equation for CEI. Id. at 86 FR 72107.
HI, Grundfos, NEEA, and NYSERDA supported adoption of CEI. (HI, No.
9 at p. 5; Grundfos, No. 7 at p. 2; NEEA, No. 11 at p. 2; NYSERDA, No.
6 at p. 2) NYSERDA noted that CEI is consistent with HI 41.5-2021,
developed by CPWG members based on the approved CPWG term sheet, and
supported by a variety of stakeholders. (NYSERDA, No. 6 at p. 2) DOE
notes that HI 41.5-2022 has the same definition of CEI as HI 41.5-2021.
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts CEI as the metric
to characterize the energy use of circulator pumps and the equation for
CEI as proposed in the December 2021 NOPR.

D. Test Methods for Different Circulator Pump Categories and Control
Varieties

In the December 2021 NOPR, DOE stated that many circulator pumps
are sold with a variable speed drive and controls (i.e., logic or user
interface) with various control strategies that reduce the required
power input at a given flow rate to save energy. The primary varieties
of control recommended by the CPWG include manual speed controls,
pressure controls, temperature controls, and external input signal
controls. (Docket No. EERE-2016-BT-STD-0004, No. 58 Recommendations #4
at p. 4) For the test procedure to produce results that reflect
variations in energy consumption associated with the various control
strategies that could be implemented in a circulator pump, the CPWG
recommended that DOE establish different test methods for each control
variety in the circulator test procedure. 86 FR 72096, 72107; (Docket
No. EERE-2016-BT-STD-0004, No. 58 Recommendations #6A and #6B at pp. 4-
6).
Section III.D.1 discusses DOE's definitions for each of these
circulator pump control varieties.
Section III.D.2 discusses the reference system curve that serves as
a basis for rating each variety of circulator pump controls.
Sections III.D.3 through III.D.7 discuss the specific test
provisions for pressure controls, temperature controls, manual speed
controls, external input signal controls, and no controls,\12\
respectively.
---------------------------------------------------------------------------

\12\ In this document, circulator pumps with ``no controls'' are
also inclusive of other potential control varieties that are not one
of the specifically identified control varieties. See section
III.D.7 of this document.
---------------------------------------------------------------------------

In response to the December 2021 NOPR, NEEA stated that they agreed
with the proposed procedures for specific circulator types and control
methods. (NEEA, No.11 at p. 2) Joint Advocates stated that they support
the use of unique test point weights for different control types.
(Joint Advocates, No. 8 at p. 1)
In the December 2021 NOPR, DOE considered incorporating HI 41.5-
2021, ``Hydraulic Institute Program Guideline for Circulator Pump
Energy Rating Program,'' which provides additional instructions for
testing circulator pumps to determine an Energy Rating value for
different circulator pump control varieties. DOE tentatively determined
not to directly incorporate HI 41.5-2021. Unlike HI 40.6-2021, which is
an industry test standard, HI 41.5-2021 is a guideline for
participation in an industry program and includes many provisions not
relevant to DOE. However, DOE preliminarily determined that its
proposed test methods and calculations that supplement the proposed
incorporation by reference of HI 40.6-2021, as discussed in sections
III.D and III.E.2.c of this document, were consistent with HI 41.5-
2021. 86 FR 72096, 72099.
In response to the December 2021 NOPR, HI requested that DOE
incorporate by reference appropriate sections of HI 41.5-2021, instead
of restating the requirements in the test procedure, noting support
from additional stakeholders in response to the May 2021 RFI. (HI, No.
9 at p. 1) HI stated that this will reduce testing burden by
eliminating confusion between DOE's test procedure and HI's standard
and will significantly simplify and shorten the regulatory text
language in appendix D. HI stated that many of DOE's requests for
comment in the December 2021 NOPR were fully covered by HI 41.5, and
slight changes by DOE could cause confusion in the market while not
being beneficial to energy efficiency. (HI, No. 9 at pp. 1-2). HI did
not recommend that DOE incorporate by reference HI 41.5 in full, but
rather that DOE incorporate a table summarizing the appropriate Section
of HI 41.5-2021 for each control method, and by referencing the
appropriate Section of HI 41.5-2021 in each applicable section of the
regulatory text. (HI, No. 9 at pp. 2-3).
Grundfos stated that DOE should incorporate HI 41.5-2021, Table
41.5.3 into appendix D, similar to Table 1 in appendix A, to clarify
what testing is required based on the control method(s) of a circulator
pump and to directly reference HI 41.5-2021 for testing

[[Page 57274]]

procedures instead of recreating the language within the test procedure
itself. (Grundfos, No .7 at p. 7)
NEEA also disagreed that DOE is not able to adopt HI 41.5-2021
directly. NEEA stated that while HI 41.5-2021 is a rating guide for
HI's Energy Rating program for circulators, it also contains the
necessary test provisions for circulators and is identical to the test
procedure DOE proposed. As such, NEEA found this proposal in the
December 2021 NOPR to be confusing and burdensome for manufacturers and
the market, as manufacturers have invested in testing and rating
circulators according to HI 41.5-2021 and labeling equipment
accordingly. NEEA noted that if there are minor difference between
DOE's proposal and HI 41.5-2021, retesting might be required to ensure
compliance without substantively affecting the efficiency of the
equipment or the overall test result. NEEA stated that it would be more
simple and less confusing to have just one test procedure for CEI. NEEA
recommended that DOE reference the appropriate sections in HI 41.5-
2021, rather than writing each section out in full. (NEEA, No. 11 at
pp. 2-3) NEEA's suggestions for references are consistent with those
provided by HI.
Following publication of the December 2021 NOPR, HI released a new
version of HI 41.5, HI 41.5-2022 ``Hydraulic Institute Program
Guideline for Circulator Pump Energy Rating Program''. In this version
of the industry guideline, HI corrected errors in certain test methods,
provided additional specificity regarding certain provisions, and
removed provisions specific to the HI Energy Rating program. These
changes are discussed in the following subsections. Having considered
comments suggesting that adding additional regulatory text would be
confusing and burdensome, and due to the changes made in HI 41.5-2022,
DOE is incorporating by reference HI 41.5-2022, adopting only sections
specific to the test methods for control modes as requested by
stakeholders. This limitation of the reference addresses DOE's concerns
about the inclusion of provisions not relevant to DOE.
In the December 2021 NOPR, DOE proposed that manufacturers could
select the control variety used for testing if the circulator pump
model is distributed in commerce with multiple control varieties, which
DOE expected would typically be the least consumptive control mode.
However, DOE proposed that manufacturers may select multiple control
varieties with which to test their circulator pumps and noted that DOE
would address certification requirements in any future energy
conservation standard rulemaking.\13\ DOE requested comment on this
proposal. 86 FR 72096, 72108.
---------------------------------------------------------------------------

\13\ For more information on any energy conservation standard
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

Joint Advocates stated that when given the option to choose a
control variety for rating, it is expected that most manufacturers
would choose the least consumptive control curve, so in practicality
there would be little difference between the ``manufacturer-selected''
and the ``least-consumptive'' control methods. Joint Advocates stated
that requiring additional reporting of ratings representing the ``most-
consumptive'' control method may encourage adoption of energy efficient
options and would better inform purchases. (Joint Advocates, No. 8 at
p. 3)
Joint Advocates and CA IOUs noted that the HI labeling program
requires testing of the most and least consumptive control modes.
(Joint Advocates, No. 8 at p. 3; CA IOUs, No. 10 at p. 1) CA IOUs added
that manufacturers are intended to compete primarily on the least
consumptive control mode, that most manufacturers are participating,
and that therefore manufacturers will have test data in hand for both
most and least consumptive control modes. (CA IOUs, No. 10 at pp. 1-2)
CA IOUs agreed with DOE's reasoning that the least consumptive
control mode is where the products are most easily differentiated from
each other and is representative of the circulator product performance
in the field under a variety of scenarios. CA IOUs noted that there
would be no need for DOE to specify least consumptive prescriptively
and supported the proposal that manufacturers select the control mode
to be tested. (CA IOUs, No. 10 at p. 2)
CA IOUs recommend that DOE require reporting of the most
consumptive product performance values and reporting of the control
type used for certification rating (i.e., least consumptive). CA IOUs
noted that the most consumptive control mode data is a direct
indication of product mechanical performance at the CEI rating load
points, unlike the least consumptive mode which also assesses the
control system's performance. (Id.) CA IOUs also noted that the control
scheme used can have a considerable influence on the results of the CEI
rating at the least consumptive control method, so the CA IOUS
recommended that control scheme used as part of rating should be
reported in a supplemental information field. CA IOUs recommended that
adaptive pressure controls have a unique control classification as part
of the rating. (Id.)
NEEA recommended that DOE require testing in the most consumptive
control strategy, likely full speed, and set the performance standard
at efficiency level (``EL'') 1.5 (i.e., a nominally lower efficiency
level than the EL2 recommended by the CPWG). NEEA stated that the
intent of a DOE standard and the CPWG recommendation is to raise the
performance of all circulators in commerce to a minimum threshold,
which should be one to be powered by electrically commutated (``EC'')
motors. NEEA stated that the proposed test procedure requires
circulators to be capable of reaching the required efficiency level but
allows equipment to operate below the rated efficiency when installed.
NEEA stated that this approach is not an appropriate regulatory
mechanism nor is it representative of how circulators are operated in
the market. Therefore, NEEA recommended testing in the most consumptive
control strategy. (NEEA, No. 11 at p. 2) NEEA added that non-guaranteed
performance would discourage utility circulator energy conservation
programs. (NEEA, No. 11 at p. 7) NEEA stated that a DOE standard based
on the most consumptive control setting creates a baseline above which
utilities can incentivize increased performance, such as using the
least consumptive control setting. (NEEA, No. 11 at p. 9)
NEEA stated that it believed the CPWG intent was for all circulator
pumps sold in commerce to be equipped with either an EC motor or
advanced controls. NEEA stated that by using least consumptive as the
standard, installers would have the option to choose between controls
that meet DOE's standard and controls that do not. NEEA stated that it
did not believe that the least consumptive setting available is
representative of how circulators with multiple control strategies will
be installed, and that at this time information on what is
representative is not available (NEEA, No. 11 at p. 6)
NEEA commented that not all EC motors meet EL 2 (the level
recommended by the CPWG), and as such EL 1.5 might be appropriate when
paired with a most consumptive requirement (which would tend to produce
lower ratings for a given circulator pump model). NEEA stated that if
DOE allows manufacturers to choose the control setting, then EL2 is
appropriate. (NEEA, No. 11 at p. 7) NEEA stated that testing in the
most consumptive setting and using EL 1.5 as

[[Page 57275]]

the standard allows DOE to increase the standard in future circulator
rulemakings, which would be difficult based on least consumptive
settings. (NEEA, No .11 at p. 9)
NEEA also recommended that DOE allow manufacturers to test in
another control setting of their choosing to represent the range of
efficiency available in a product to the market, and that the CEI of
the most consumptive control strategy and any other CEI be reported to
DOE and included on the circulator nameplate. (NEEA, No. 11 at p. 6)
NEEA stated that multiple ratings would support the market in adopting
energy efficient options and technologies beyond the minimum threshold
set by the standard. NEEA noted that manufacturers already support
testing in most consumptive control setting through the HI Energy
Rating program. (NEEA, No. 11 at p. 8)
HI stated that, for DOE compliance, the manufacturer should be able
to select any control mode that results in a compliant rating. (HI, No.
9 at p. 4) Grundfos agreed that the manufacturer should be allowed to
select the control method tested. However, Grundfos stated that
reporting of the control method used, and the actual parameters of the
testing need to be addressed in detail in the circulator efficiency
standard. Grundfos gave as an example, where a user can adjust
setpoints for maximizing their system, this should be detailed in
reporting to DOE, so repeatability of testing is possible. (Grundfos,
No. 7 at p. 2)
DOE is adopting provisions in section 2.2 of appendix D to allow
manufacturers to use the DOE test procedure to test any control variety
available on a given circulator pump model, as proposed in the December
2021 NOPR. In response to NEEA's recommendation that DOE require
testing in the most consumptive control strategy, DOE notes that
circulator pumps may be sold with multiple control varieties, and DOE
has determined that consumers may benefit from having access to CEI
ratings at full speed and with various control options. Whether
compliance with any standard established, should energy conservation
standards be established, would be based on a specific control mode (or
no controls), or whether certain information related to the control
mode used for testing would be required as part of certification, would
be addressed in an energy conservation standard rulemaking.
1. Definitions Related to Circulator Pump Control Varieties
In the December 2021 NOPR, DOE proposed to define external input
signal control, manual speed control, pressure control, and temperature
control as recommended by the CPWG and consistent with HI 41.5-2021:
<bullet> Manual speed control means a control (variable speed drive
and user interface) that adjusts the speed of a driver based on manual
user input.
<bullet> Pressure control means a control (variable speed drive and
integrated logic) that automatically adjusts the speed of the driver in
response to pressure.
<bullet> Temperature control means a control (variable speed drive
and integrated logic) that automatically adjusts the speed of the
driver continuously over the driver operating speed range in response
to temperature.
<bullet> External input signal control means a variable speed drive
that adjusts the speed of the driver in response to an input signal
from an external logic and/or user interface.
86 FR 72096, 72108-72109.
DOE also proposed to define adaptive pressure control as follows:

Adaptive pressure control means a pressure control that
continuously senses the head requirements in the system in which it
is installed and adjusts the control curve of the pump accordingly.
DOE requested comment on this definition. 86 FR 72096, 72109.

In response, HI suggested modifications to the proposed definition
and stated that adaptive pressure control pumps do not always operate
continuously. HI proposed the following definition:
Adaptive pressure control means a pressure control that senses the
head requirements in the system in which it is installed and adjusts
the pump control curve accordingly.
(HI, No. 9 at p. 4)
Grundfos agreed with the suggested modification detailed by HI.
(Grundfos, No. 7 at p. 2)
In this final rule, for the reasons discussed in the December 2021
NOPR, DOE adopts the definitions for external input signal control,
manual speed control, pressure control, and temperature control as
proposed in the December 2021 NOPR. For the reasons discussed in the
NOPR, and in order to capture controls that do not always operate
continuously, as identified by HI and Grundfos, DOE is adopting the
definition for adaptive pressure control as recommended by HI and
Grundfos.
2. Reference System Curve
In the December 2021 NOPR, DOE stated that all recommended test
methods for circulator pump control varieties, which involve variable
speed control of the circulator pump, specify test points with respect
to a representative system curve. 86 FR 72096, 72109. That is, for
circulator pumps with manual speed controls, pressure controls,
temperature controls, or external input signal controls, a reference
system curve is implemented to be representative of the speed reduction
that is possible in a typical system to provide representative results.
Id. For circulator pumps with no controls, no reference system is
required as measurements are taken at various test points along a pump
curve at maximum speed only. Id.
Such a reference system curve describes the relationship between
the head and the flow at each test point in a typical system.
Additionally, a reference system curve that is representative of a
typical system in which circulator pumps are installed may also allow
for the differentiation of control varieties to be reflected in the
resulting ratings. DOE proposed to incorporate a quadratic reference
system curve as recommended by the CPWG and consistent with HI 41.5-
2021, which includes this reference curve in each of the individual
control test methods (sections 41.5.3.4.2 #3d, 41.5.3.4.3 #2,
41.5.3.4.4.1 #2, 41.5.3.4.4.2 #2, and 41.5.3.4.5 #2d). Id. The proposed
reference system curve intersects the BEP and has a static offset of 20
percent of BEP head, as shown in equation (2).
[GRAPHIC] [TIFF OMITTED] TR19SE22.018

[[Page 57276]]

Where:

H = the pump total head (ft),
Q = the flow rate (gpm),
Q<INF>100</INF><not-eq> = flow rate at 100 percent of BEP flow
(gpm), and
H<INF>100</INF><not-eq> = pump total head at 100 percent of BEP flow
(ft).

86 FR 72096, 72109-72110.

DOE received no comments on the proposed reference system curve. As
noted in section II, DOE is incorporating by reference sections of HI
41.5-2022 for each control mode test method, which include the
reference curve equation, and is the same as HI-41.5-2021. As such, DOE
is adopting the proposed reference curve through reference to HI 41.5-
2022 and is not establishing an additional section in its test
procedure specifying the reference curve as applicable to all test
methods.
As such, DOE adopts the curve as described in Equation 2 and
proposed in the December 2021 NOPR. Pressure Control.
In the December 2021 NOPR, DOE proposed a test method for
circulator pumps with pressure controls consistent with the method
included in HI 41.5-2021 and deviating from that proposed by the CPWG.
86 FR 72096, 72111-72112. Specifically, DOE proposed that circulator
pumps with pressure controls be tested at test points of 25, 50, 75,
and 100 percent of BEP flow based on a manufacturer-selected control
curve that is available to the end user, must produce a head equal to
or greater than 25 percent of BEP head at a minimum of one test point,
and must achieve 100 percent BEP flow of the reference curve. Id. at 86
FR 72112. DOE proposed that such the test points may be obtained based
on automatic speed adjustment, manual speed adjustment, or simulated
pressure signal, or a combination of these adjustments, including
throttling. Id. Additionally, DOE proposed that the CEI for circulator
pumps with pressure controls be calculated with the unique weights and
test points as shown in equation (3):
[GRAPHIC] [TIFF OMITTED] TR19SE22.019

Where:

CER = circulator pump energy rating (hp);
w<INF>i</INF> = weight of 0.05, 0.40, 0.40, and 0.15 at test points
of 25, 50, 75, and 100 percent of BEP flow, respectively;
P<INF>in,i</INF> = power input to the driver at each test point i
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.

Id. at 86 FR 72110.

Additionally, in a deviation from CPWG recommendations and based on
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE stated that it agreed with commenters that it is important
for the test method to capture the variety of pressure controls on the
market, and that correction back to the reference curve would prevent
any unfair advantage among the variety of controls on the market. Id.
at 86 FR 72112. DOE requested comment on the proposed test method for
circulator pumps with pressure controls. Id.
Joint Advocates supported the proposed update, consistent with HI
41.5-2021, relating to pressure control system test points, stating
that they understand that many programmed control curves were not
testable under the older methodology because the control systems of
some circulator pumps may operate at head pressures below the reference
curve provided in HI 41.5-2018. Referring to the proposed update and
the contents of HI 41.5-2021, Joint Advocates added that they
understand that the power correction back to the reference curve
assumes a constant pump efficiency, is valid, and does not give an
arbitrary advantage to products using this assumption. (Joint
Advocates, No. 8 at p. 2) Grundfos stated that DOE should not recreate
language from HI 41.5 and instead point to HI 41.5.3.4.2 for testing
circulator pumps with pressure controls. (Grundfos, No. 7 at p. 2)
In the December 2021 NOPR, DOE stated that it was aware of some
circulator pumps that are equipped with user-adjustable pressure
controls such that the maximum and minimum head values on the control
curve can be set to specifically match the system into which the pump
is being installed. 86 FR 72096, 72112. DOE's interpretation of HI
41.5-2021 was that these types of controls are not addressed in the
industry standard. To test such controls, DOE proposed that the maximum
and minimum head values on user-adjustable pressure controls may be
adjusted, if possible, to coincide with a maximum head value at the
pump's BEP and a minimum head value equivalent to 20 percent of the BEP
head value (consistent with the static offset of the proposed reference
system curve). Id. If only the maximum or minimum head value can be
adjusted, DOE proposed that only the adjustable setting would be
adjusted. In either case, DOE also proposed that the settings can be
adjusted for testing only if they are adjustable by the user. Id. DOE
stated that this proposed methodology would result in the most
representative performance of such adjustable controls by preventing
the testing of specifically tuned control options that would not be
representative of likely field performance. Id. DOE noted that further
adjustment to attain 100 percent of BEP head would be required. Id.
In summary, for adjustable pressure controls with user-adjustable
maximum and/or minimum head values, DOE proposed to allow one-time
manual adjustment of the maximum and/or minimum control curve head
values, as applicable, to coincide with a maximum head value at the
pump's BEP and a minimum head value equivalent to 20 percent of the BEP
head value with all subsequent test points taken along the adjusted
control curve. DOE requested comment on whether specific test
provisions for circulator pumps equipped with user-adjustable pressure
controls are needed, and if so, on the proposed provisions for such
pumps. Id.
Joint Advocates supported DOE's approach to testing user-adjustable
controls, noting that DOE's interpretation of HI 41.5-2021 is that
these controls are not addressed in the industry standard. Joint
Advocates stated that, importantly, DOE's proposal states that settings
can only be adjusted for testing if they are adjustable by the user,
which would prevent testing of specifically tuned control options that
are not representative. (Joint Advocates, No. 8 at pp. 2-3)
HI and Grundfos stated that circulator pumps with user-adjustable
pressure controls are addressed in HI 41.5-2021 in section 41.5.3.4.2
and should be tested accordingly. (HI, No. 9 at pp. 4-5; Grundfos, No.
7 at p. 2) HI noted that no special provisions or alternative test

[[Page 57277]]

methods are needed. (HI, No. 9 at p. 5) Grundfos added that DOE should
properly collect this adjustment data through reporting for repeatable
testing. (Grundfos, No. 7 at p. 2)
Upon review of HI 41.5-2021, DOE finds that its proposals in the
December 2021 NOPR related to adjustable pressure controls are a more
specific implementation of the requirements for pressure controls in
section 41.5.3.4.2 #3. Specifically, user-adjustable controls allow the
user to create a control curve, and the control curve created by
adjusting the maximum and/or minimum head values must be available to
the end user, produce a head equal to or greater than 25 percent of BEP
head at a minimum of one test point, and achieve 100 percent BEP flow
of the reference curve. While DOE's proposal has more specificity that
could increase repeatability, DOE notes that all of DOE's proposed test
methods for the various speed control varieties, as well as the methods
in HI 41.5-2022, allow some discretion by the manufacturer with regard
to exactly which settings to use. As such, DOE is not adopting its
proposal specific to user-adjustable controls, and, in response to
Grundfos, DOE will address certification reporting requirements related
to control curve settings in a separate rulemaking.
In the December 2021 NOPR, DOE stated that adaptive pressure
controls are installed in similar applications as pressure controls but
can also be effective at reducing the head and flow provided in single-
zone systems to adjust for typical pump oversizing. Also, due to the
ability of adaptive pressure controls to measure and automatically
adjust to the system requirements over time, adaptive pressure controls
can result in optimized performance and energy use as compared to
pressure-based controls. 86 FR 72096, 72112.
Consistent with HI 41.5-2021, for adaptive pressure controls, DOE
proposed to test at each test point at the minimum thresholds for head
noted in the manufacturer literature or the head values specified along
the reference system curve, whichever is greater. In addition, although
not included in HI 41.5-2021, DOE also proposed that if the pump does
not have a manual control mode available, the speed would be adjusted
based on the pressure control mode with the lowest head at each load
point, and if the selected pressure control results in a head value
below the reference system curve, the pump would be throttled to
achieve a head value at or above the reference system curve. 86 FR
72096, 72114.
DOE requested comment on the proposed test methods for circulator
pumps with adaptive pressure controls, and, in particular, on the
proposed provisions not included in HI 41.5-2021, including for pumps
without a manual control mode, whether throttling should be allowed to
achieve head above the reference system curve, or instead head should
be allowed below the reference system curve and adjusted back to the
curve, as with other non-adaptive pressure controls. DOE also requested
comment on the HI 41.5-2021 provision for manual adjustment to achieve
100 percent BEP flow and head point at max speed, which is not included
for other pressure controls. Id.
Joint Advocates supported the proposed test methodology for
adaptive pressure controls as a reasonable approach, while encouraging
DOE in the future to gather field data related to real-world operating
points. (Joint Advocates, No. 8 at p. 2)
HI and Grundfos stated that HI 41.5-2021 treats adaptive pressure
controls with the same methodology as all pressure controls, and that
section 41.5.3.4.2 #4 is a subset of the pressure testing methodology
and not a standalone test methodology. (HI, No. 9 at p. 5; Grundfos,
No. 7 at p. 2) HI added that it would be rare that the circulator BEP
would be outside of the adaptive controls operating area, so the
difference between throttling and adjusting back to the curve would not
be an issue, unless the BEP is outside the control area. HI stated that
a pump without manual speed adjustment would still allow use of a
throttling equivalent (as noted in section 41.5.3.4.2 #2b) to get back
to the BEP flow, which can then be corrected back to BEP on the
reference curve. (HI, No. 9 at p. 5)
In response to HI and Grundfos, DOE notes that HI 41.5-2021
contained discrepancies with regard to the methodology in section
41.5.3.4.2 #4 (adaptive pressure controls) compared to #2 and #3 (all
pressure controls). Specifically, #4 only allows manual speed
adjustment, while #2 also allows throttling and simulated pressure
signal. In addition, #4 requires head values to be above the reference
curve, while #3 does not require this. In the recent publication of HI
41.5-2022, HI included several updated to section 41.5.3.4.2 that
address DOE's proposals related to adaptive pressure controls,
specifically removing the identified discrepancies, so that #4 now
provides additional testing provisions for adaptive pressure controls,
but not conflicting provisions. This update indicates that the
provision requiring adaptive pressure controls to achieve head values
at or above the reference curve was erroneous.
In addition, HI 41.5-2022 has moved the contents of section
41.5.3.4.2 #5, which discussed the choice and reporting of factory
control curves specific to the HI Energy Rating Program, but not
necessary for conduct of the test method, to a separate section of the
guideline. As such, DOE will reference the entire section.
For these reasons, DOE is adopting the test method for pressure
speed controls by referencing HI 41.5-2022 section 41.5.3.4.2. As
noted, this test method contains some differences from the test method
proposed by DOE in that it does not include specific provisions for
user-adjustable controls, which DOE has determined are not necessary,
and that it has revised the test method for adaptive pressure controls
to be more consistent with the test method for pressure controls in
general, while providing necessary additional specifications. The
overall test method for pressure controls in HI 41.5-2022 section
41.5.3.4.2 in general is consistent with that proposed in the December
2021 NOPR. DOE has determined that the revised test method for adaptive
pressure controls will produce representative results for such
equipment and would not be unduly burdensome to conduct.
3. Temperature Control
Temperature controls are controls that automatically adjust the
speed of the variable speed drive in the pump continuously over the
operating speed range to respond to a change in temperature of the
operating fluid in the system. Typically, temperature controls are
designed to achieve a fixed temperature differential between the supply
and return lines and adjust the flow rate through the system by
adjusting the speed to achieve the specified temperature differential.
Similar to pressure controls, temperature controls are also designed
primarily for hydronic heating applications. However, temperature
controls may be installed in single- or multi-zone systems and will
optimize the circulator pump's operating speed to provide the necessary
flow rate based on the heat load in each zone. Unlike pressure
controls, there are no minimum head requirements inherent to the
temperature control, so temperature controls have the potential to use
the least amount energy to serve a given load. 86 FR 72096, 72114.
The CPWG recommended that for circulator pumps distributed in
commerce with temperature controls, PER<INF>CIRC</INF> should be
calculated in the

[[Page 57278]]

same way and with the same weights as for pressure controls, as shown
in equation (4). (Docket No. EERE-2016- BT-STD-0004, No. 58
Recommendation #6A at pp. 4-5)
In the December 2021 NOPR, DOE tentatively determined that the CPWG
recommendation for temperature controls would allow for temperature
controls to be tested in a way that captures the potential energy
savings from this control variety without being overly burdensome for
manufacturers to conduct. Therefore, DOE proposed to adopt the
recommendations of the CPWG to test temperature controls based on
manual speed adjustment or with simulated temperature signal to
activate the temperature-based control to achieve the test point flow
rates with a head at or above the reference system curve. Additionally,
DOE proposed to use the weights and test points shown in equation (4)
of the December 2021 NOPR (equation (3) in this final rule) for
circulator pumps distributed in commerce with temperature controls. DOE
requested comment on the proposed test methods, test points, and
weights for circulator pumps with temperature controls. 86 FR 72096,
72115.
Joint Advocates supported testing of temperature controls as
recommended by the CPWG. (Joint Advocates, No. 8 at p. 1) HI agreed
with the proposed testing of temperature controls but noted that the
terminology in the equations should be updated to reflect CEI and CER.
(HI, No. 9 at p. 6) Grundfos agreed with the temperature control
testing but stated that DOE should directly reference HI 41.5.3.4.3
instead of recreating this language within the test procedure.
(Grundfos, No. 7 at p. 3)
In response to HI, DOE notes that the regulatory text proposed in
section V.C of appendix D reflected CER terminology. 86 FR 72096,
72144. This proposed regulatory text, which DOE based on the test
procedure from HI 41.5-2021, is consistent with the content of HI 41.5-
2022. DOE adopts the test method for temperature controls as proposed,
but instead of including regulatory text, DOE is referencing HI 41.5-
2022 section 41.5.3.4.3, as requested by stakeholders. This section is
consistent with the regulatory text proposed in the NOPR, and as such
does not representative a substantive change.
4. Manual Speed Control
In the December 2021 NOPR, DOE proposed to test circulator pumps
with manual speed controls consistent with the provisions in Section
41.5.3.4.5 of HI 41.5-2021, as follows: (1) the tested control must
produce head equal to or greater than 25 percent of BEP head at a
minimum of one test point (HI 41.5-2021 section 41.5.3.4.5 #2a), and
(2) the control curve setting being evaluated must achieve 100 percent
BEP flow of the reference curve (HI 41.5-2021 section 41.5.3.4.5 #2b).
DOE also proposed that the CER be calculated as the weighted average of
P<INF>in,max</INF> and P<INF>in,reduced</INF>, as shown in equations
(5), (6), and (7):
[GRAPHIC] [TIFF OMITTED] TR19SE22.020

Where:

CER = circulator pump energy rating (hp);
z<INF>max</INF> = speed factor weight of 0.75;
P<INF>in_max</INF> = weighted average input power at maximum
rotating speed of the circulator (hp), as specified in equation (6);
z<INF>reduced</INF> = speed factor weight of 0.25; and
P<INF>in_reduced</INF> = weighted average input power at reduced
rotating speed of the circulator (hp), as specified in equation (7).
[GRAPHIC] [TIFF OMITTED] TR19SE22.021

Where:

P<INF>in_max</INF> = weighted average input power at maximum speed
of the circulator (hp);
w<INF>i_max</INF> = 0.25;
P<INF>in,i_max</INF> = power input to the driver at maximum rotating
speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
[GRAPHIC] [TIFF OMITTED] TR19SE22.022

Where:

P<INF>in_reduced</INF> = weighted average input power at reduced
speeds of the circulator (hp);
w<INF>i_reduced</INF> = 0.3333;
P<INF>in,i_reduced</INF> = power input to the driver at reduced
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at
BEP of max speed.

86 FR 72096, 72115-72116.

Additionally, in a deviation from CPWG recommendations and based on
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE did not propose that all test points

[[Page 57279]]

on a control curve must exist above the reference curve. DOE noted that
HI 41.5-2021 section 41.5.3.4.5 #3 still retained that provision, which
DOE assumed to be an error based on HI's comments and recommendations
in response to the May 2021 RFI. 86 FR 72096, 72116.
DOE tentatively determined that the proposed test methods for
manual speed control circulator pumps are appropriate and
representative, as they account for the likelihood that a circulator
pump with manual speed controls will be installed and operated at
maximum speed, but also accounts for the potential energy savings
associated with reduced speed operation. 86 FR 72096, 72116. DOE
requested comment on the proposed test method and the unique test
points, weights, and speed factors for circulator pumps distributed in
commerce with manual speed controls. Id. at 86 FR 72117.
Grundfos continued to state, as it did in response to the May 2021
RFI, that manual speed control should not be a separate test method, as
the devices are typically operated 75 percent of the time at full
speed, and a manufacturer could benefit by adding alternate speeds that
are never used. Grundfos suggested that if manual speed testing is
maintained, a CEI value should be required for each setting available
to consumers so that consumers can understand the true efficiency.
(Grundfos, No. 7 at p. 3)
As discussed in the December 2021 NOPR, the CPWG addressed the
issues raised by Grundfos in discussing how the test points at maximum
speed were designed to represent the performance at maximum speed and
account for operation at maximum speed the majority of the time, while
the test points at reduced speed allowed some ``credit'' for being able
to reduce speed. 86 FR 72096, 72116; (Docket No. EERE-2016-BT-STD-0004,
No. 70 at p. 201-202) The CPWG concluded that about 75 percent of the
time, circulator pumps with manual speed controls are operated at
maximum speed, as reflected in its recommended procedure. (Docket No.
EERE-2016-BT-STD-0004, No. 71 at p. 377) For these reasons, DOE
proposed to include manual speed control as a test method in the
circulator pump test procedure. 86 FR 72096, 72116. Grundfos did not
add additional information in their comment in response to the December
2021 NOPR, and as such DOE is adopting a test method for circulator
pumps with manual speed control in this final rule. DOE will address
Grundfos' suggestion for CEI ratings for multiple settings in a
separate certification rulemaking.
Joint Advocates supported testing manual controls with test point
weightings as recommended by the CPWG and using updated testing
methodology consistent with HI 41.5-2021, for the same reasons
discussed for pressure controls. (Joint Advocates, No. 8 at p. 1-2) HI
supported the proposed testing for manual controls but noted that the
terminology in the equations should be updated to reflect CEI and CER.
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference
HI 41.5.3.4.5, instead of recreating this language within the test
procedure. (Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE noted that HI 41.5-2021 section
41.5.3.4.5 #3 includes a provision for head to be at or above the
reference curve, as originally recommended by the CPWG, which DOE
assumed to be an error based on HI's comments and recommendations in
response to the May 2020 RFI. DOE also noted that the introductory text
of HI 41.5-2021 section 41.5.3.4.5 specifies that the test method
applies to manual speed control, which can be operated without an
external input signal, but DOE stated it believed this provision is
superfluous as manual speed controls by definition do not require an
external input signal. 86 FR 72096, 72116-72117. DOE did not include
these provisions in its proposed test method for manual speed control.
DOE did not receive comments specifically related to these issues, but
in the recent publication of HI 41.5-2022, the provisions that DOE
assumed to be erroneous have been removed. In response to HI's
comments, the proposed regulatory text regarding the manual speed
control test method did reflect CEI and CER; HI 41.5-2022 also reflects
this terminology.
DOE also notes that in the proposed regulatory text for manual
speed controls, DOE proposed that the control curve must be available
to the end user. 86 FR 72096, 72142. This provision was not specified
in HI 41.5-2021 but has been added to HI 41.5-2022. DOE has determined
that this requirement will improve the representativeness of CEI
ratings for circulator pumps with manual speed controls as it will
prevent manufacturers from rating with speeds that cannot be used in
the field. The remainder of the provisions in HI 41.5-2022 section
41.5.3.4.5 are consistent with DOE's proposals and with HI 41.5-2021.
For these reasons, DOE adopts the test method for manual speed
control as proposed in the NOPR but is referencing HI 41.5-2022 section
41.5.3.4.5 instead of including regulatory text. This section is
consistent with the regulatory text proposed in the NOPR, and as such
does not representative a substantive change.
5. External Input Signal Control
In the December 2021 NOPR, DOE proposed to specify a test method
for circulator pumps sold only with external input signal control and
that cannot operate without an external input signal. 86 FR 72096,
72118. Specifically, DOE proposed to test along the reference system
curve to achieve the test point flow rates with a head at or above the
reference curve, and that CEI would be calculated as shown in equation
(2) of the December 2021 NOPR (equation (1) in this final rule). Id.
DOE also proposed that the speed of the pump could be adjusted using
either manual speed adjustment or with a simulated external signal to
achieve the specified flow rates. Id. at 86 FR 72141.
DOE also proposed to test circulator pumps sold with external input
signal controls along with other controls, or which can be operated
without an external input signal control, both: (1) along the maximum
speed circulator pump curve to achieve the test point flow rates for
the max speed input power values and (2) with speed adjustment that
will achieve a head at or above the reference system curve at the test
point flow rates for the reduced speed input power values. DOE proposed
that in either case, either manual speed adjustment or simulated
external input signal can be used to achieve the relevant flow rates.
DOE did not propose that the speed adjustment include the ``lowest
speed setting'' that results in a head value at or above the reference
system curve, as recommended by the CPWG; however, DOE addressed this
issue in its enforcement provision proposals. Finally, DOE proposed
that the CEI should be calculated as the weighted average of
P<INF>in,max</INF> and P<INF>in,reduced</INF>, as shown in equations
(8), (9), and (10).

[[Page 57280]]

[GRAPHIC] [TIFF OMITTED] TR19SE22.023

Where:

CER = circulator pump energy rating (hp);
z<INF>max</INF> = speed factor weight of 0.30;
P<INF>in_max</INF> = weighted average input power at maximum
rotating speed of the circulator pump (hp);
z<INF>reduced</INF> = speed factor weight of 0.70; and
P<INF>in_reduced</INF> = weighted average input power at reduced
rotating speed of the circulator (hp).
[GRAPHIC] [TIFF OMITTED] TR19SE22.024

Where:

P<INF>in_reduced</INF> = weighted average input power at reduced
speeds of the circulator pump (hp);
w<INF>i_reduced</INF> = 0.3333;
P<INF>in,i_reduced</INF> = power input to the driver at reduced
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at
BEP of max speed and head values at or above the reference curve.
86 FR 72096, 72117-72118.

DOE requested comment on the proposed test method and the unique
test points, weights, and speed factors for circulator pumps
distributed in commerce with external input signal controls. 86 FR
72096, 72118. In particular, DOE requested comment on whether manual
speed adjustment and/or simulated external input signal are appropriate
for testing circulator pumps with external input signal only, as well
as circulator pumps with external input signal in addition to other
control varieties. Id. DOE also sought comment on whether it is
necessary to reference the ``lowest speed setting'' when determining
the appropriate test points. Id. Finally, DOE sought comment on whether
the test points and weights for circulator pumps distributed in
commerce with external input signal control in addition to other
control varieties are appropriately reflective of their energy
consumption in the field relative to other control varieties. Id.
In response, Grundfos stated that delta T and temperature control
test methods should be combined.\14\ Grundfos noted that the speed of
the pump is the primary function determining efficiency, that both test
methods control the pumps speed, as in both cases they simulate inputs
to conduct testing and attempt to model the reference curve with those
inputs, and therefore separate test requirements are not necessary.
(Grundfos, No. 7 at p. 3).
---------------------------------------------------------------------------

\14\ Delta T and temperature controls refer to the same type of
control. As discussed in the next paragraph, DOE believes this is an
error.
---------------------------------------------------------------------------

DOE assumes that Grundfos is recommending that the test methods for
temperature controls and external input signal controls be combined, as
they suggested in response to the May 2021 RFI. (Grundfos, No. 113 at
p. 4) As discussed in the December 2021 NOPR, the CPWG considered the
category of external input signal controls as separate from temperature
controls. Specifically, the CPWG noted that unlike pressure and
temperature controls, for external input signal controls, the logic
that defines how the circulator pump operating speed is selected in
response to some measured variable (e.g., temperature, pressure, or
boiler fire rate) is not integral to the circulator as distributed in
commerce. Instead, it is part of another control system, such as a
building management system or a boiler control system. (Docket No.
EERE-2016-BT-STD-0004, No. 72 at p. 83-84); 86 FR 72096, 72115.
DOE also noted that the test method recommended by the CPWG and in
HI 41.5-2021 for circulator pumps with external input signal controls
only and that cannot operate without an external signal control is the
same as the test method for circulator pumps with temperature control.
86 FR 72096, 72115. However, the CPWG recommended, and HI 41.5-2021
included, a different test method for external input signal controls
with other control varieties or that can be operated without external
input signal control. Id. The CPWG asserted that if external input
signal control is one of multiple options available on a circulator
pump, or the pump is able to operate without an external input signal,
it is less likely that the external input signal control option is
going to be utilized since it requires external logic and equipment in
order to operate properly. (Docket No. EERE-2016-BT-STD-0004, No. 72 at
pp. 216-218, 229); 86 FR 72096, 72117. The CPWG recommended testing

[[Page 57281]]

circulator pumps with external input signal controls similar to manual
speed controls. (Docket No. EERE-2016-BT-STD-0004, No. 47 at p. 480);
86 FR 72096, 72117.
For these reasons, DOE proposed separate test methods for
temperature controls, external input signal controls only (identical to
the test method for temperature controls), and external input signal
controls with other control varieties. 86 FR 72096, 72115.
In its response to the December 2021 NOPR, Grundfos has not
introduced additional information beyond that provided in its May 2021
RFI comments that would contribute to DOE amending the test methods as
proposed. (See Grundfos, No. 7 at p. 3)
HI agreed with the proposal in the NOPR, which they stated is
incorporated within the appropriate testing sections of HI 41.5-2021.
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference
HI 41.5-2021 sections 41.5.3.4.4.1 for external control only and
41.5.3.4.4.2 for external control with other control methods, instead
of recreating the language within the test procedure. (Grundfos, No. 7
at p. 3)
HI stated that additional clarification for ``lowest speed
setting'' is not necessary. (HI, No. 9 at p. 6) Grundfos also stated
that adding ``lowest speed setting'' to the testing requirements is not
required for repeatability and would put test points at or near the
minus 5 percent region of flow. Grundfos stated that DOE testing should
attempt to achieve a head/flow as close to the reference curve/test
point as possible. (Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE noted that HI 41.5-2021 contained
some discrepancies between the two external input signal control
methods regarding testing with manual speed adjustment and/or simulated
external input signal. 86 FR 72096, 72118. DOE proposed to allow both
manual speed adjustment and simulated external input signal for both
test methods. Id at 86 FR 72141.
No commenters responded to DOE's request regarding whether manual
speed adjustment and/or simulated external input signal are appropriate
for testing circulator pumps with external input signal only, as well
as circulator pumps with external input signal in addition to other
control varieties. However, in the recent publication of HI 41.5-2022,
HI amended the test method to both allow manual speed adjustment and
simulated external input signal, regardless of whether external input
signal control is the only control mode, as proposed by DOE. The
remainder of the provisions regarding external input signal controls
are the same in HI 41.5-2022 as in HI 41.5-2021, and also consistent
with DOE's proposals.
In response to the comments from HI and Grundfos, DOE is not
adopting a reference to the ``lowest speed'' setting in the test method
for external input control, consistent with the December 2021 NOPR
proposal and HI 41.5-2022. DOE addresses enforcement testing in section
III.F.2 of this document.
In this final rule, DOE is adopting the test methods for external
input signal controls by referencing HI 41.5-2022 sections 41.5.3.4.4.1
and 41.5.3.4.4.2, rather than including regulatory text. The test
methods in those sections of HI 41.5-2022 are consistent with that
proposed by DOE and as such this does not represent a substantive
change.
6. No Controls or Full Speed Test
In the December 2021 NOPR, consistent with the recommendations of
the CPWG, DOE proposed to test circulator pumps without external input
signal, manual, pressure, or temperature controls along the maximum
speed circulator pump curve to achieve the test point flow rates. DOE
agreed that since these circulator pumps with no controls are single-
speed controls and only have a single speed, testing at maximum speed
is representative of the typical operation of circulator pumps with no
controls. Additionally, DOE proposed to use equation (11):
[GRAPHIC] [TIFF OMITTED] TR19SE22.026

Where:

CER = circulator pump energy rating (hp);
w<INF>i</INF> = 0.25;
P<INF>in,i</INF> = power input to the driver at each test point i
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
86 FR 72096, 72119.

To provide regulatory clarity about which pumps must be rated using
the ``no controls'' test method, but also accommodate the option for
any pump to be rated using the ``no controls'' test method, DOE
proposed to refer to this test method in the regulatory text as the
test method for circulator pumps without external signal, manual,
pressure, or temperature controls (i.e., full speed test). DOE also
proposed additional language in the scope section regarding this
clarification. Id.
DOE requested comment on the proposed test method for circulator
pumps distributed in commerce with no controls. Id.
HI agreed with the proposal for pumps with no controls and stated
that DOE should incorporate by reference section 41.5.3.4.1 for ``Full
speed or without pressure, temperature, external input signal or manual
speed control.'' (HI, No. 9 at p. 6) Grundfos also agreed with the
proposed test method and stated that DOE should reference HI 41.5-2021
section 41.5.3.4.1, use language consistent with HI 41.5, and name this
test method ``Full speed.'' (Grundfos, No. 7 at p. 3)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, DOE is adopting the proposed test method for
circulator pumps without external input signal, manual, pressure, or
temperature controls (full speed test) in this final rule. In response
to HI and Grundfos, DOE is re-ordering the title of this test method
to: ``Testing and Calculation of CER for Full Speed Test and for
Circulator Pumps without External Input Signal, Manual, Pressure, or
Temperature Controls.'' In addition, instead of including regulatory
text, DOE is referencing HI 41.5-2022 section 41.5.3.4.1, which is
identical to HI 41.5-2021 section 41.5.3.4.1, as requested by
stakeholders. This section contains the same content as the NOPR
proposal and does not represent a substantive change.

E. Determination of Circulator Pump Performance

In the December 2021 NOPR, DOE stated that as part of the September
2016 CPWG Recommendations, the CPWG recommended that all test points be
tested on a wire-to-water basis, in accordance with HI 40.6-2014, with
minor modifications. The CPWG also

[[Page 57282]]

recommended that if an updated version of HI 40.6 is published prior to
publication of the test procedure final rule, DOE should review and
incorporate the updated version. (Docket No. EERE-2016-BT-STD-0004, No.
58, Recommendation #10 at p. 8-9); 86 FR 24516, 24526. The CPWG also
recommended several modifications related to frequency of data
collection, BEP speed, electrical measurement equipment, relevant
parameters at specific load points, power supply characteristics, and
rounding of values for calculating and reporting purposes. (Docket No.
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at pp. 8-9). 86 FR
72096, 72119.
DOE noted that two updated versions of HI 40.6--HI 40.6-2016 and HI
40.6-2021--had been published since the CPWG meetings concluded. DOE
proposed to incorporate by reference HI 40.6-2021, for measuring the
performance of circulator pumps, noting the changes made from the
previous version of HI 40.6-2014. DOE also stated that it was necessary
to make several exceptions, modifications, and additions to this test
procedure to ensure accuracy and repeatability of test measurements and
that the test method produces results that reflect energy efficiency or
energy use during a representative average use cycle without being
unduly burdensome to conduct Additionally, DOE proposed specific
procedures for calculating the CEI and rounding of values to ensure
that the resultant ratings are determined in a consistent manner. 86 FR
72096, 72119. DOE discusses these proposals and their resulting
requirements in the following subsections.
Section III.E.1 discusses HI 40.6-2021, the industry standard,
which DOE is incorporating by reference, for measuring the performance
of circulator pumps. DOE has determined that it is necessary to make
several exceptions, modifications, and additions to this test procedure
to ensure accuracy and repeatability of test measurements (sections
III.E.2.a through III.E.2.c of this document) and that the test method
produces results that reflect energy efficiency or energy use during a
representative average use cycle without being unduly burdensome to
conduct. Additionally, DOE adopts specific procedures for calculating
the CEI and rounding of values to ensure that the resultant ratings are
determined in a consistent manner (section III.E.2.d of this document).
1. Incorporation by Reference of HI 40.6-2021
In the December 2021 NOPR, DOE stated that it had reviewed HI 40.6-
2021 and determined that the test methods contained within HI 40.6-2021
are generally consistent with HI 40.6-2014 and are sufficiently
specific and reasonably designed to produce test results to determine a
CEI that is representative of an average use cycle of applicable
circulator pumps. Specifically, Table 40.6.2 of HI 40.6-2021, like HI
40.6-2014, defines and explains how to calculate driver power
input,\15\ volume per unit time,\16\ pump total head,\17\ and other
relevant quantities, which are essential to determining the metric. 86
FR 72096, 72120.
---------------------------------------------------------------------------

\15\ The term ``driver or control power input'' in HI 40.6-2021
is defined as ``the power input to the driver or control;'' in the
NOPR, DOE refers to ``driver power input'' as the power to either
the motor or the controls, if present.
\16\ The term ``volume per unit time'' in HI 40.6-2021 is
defined as ``. . . the volume rate of flow in any given section . .
. Also referred to as flow, flow rate, and rate of flow.''
\17\ The term ``pump total head'' is defined in HI 40.6-2021 as
``the algebraic difference between the outlet total head and the
inlet total head'' and is used synonymously with the term ``head''
in this document.
---------------------------------------------------------------------------

HI 40.6-2021 also contains appropriate specifications regarding the
scope of pumps covered by the test method, standard rating conditions,
equipment specifications, uncertainty calculations, and tolerances. The
electrical measurement specification and associated equipment
specifications in Section C.4.3 of HI 40.6-2021 contain the relevant
measurement specifications for certain non-energy metrics (i.e., true
root mean square ``RMS'' current, true RMS voltage, and real power)
that manufacturers may choose to make representations about for each
rated circulator pump. These specifications also describe the relevant
measurements used in the calculation of true power factor (``PF'') at
each applicable load point for each circulator pump control variety, a
non-energy metric manufacturers may wish to use to make
representations. In addition, HI 40.6-2021 contains a new appendix E
with specific test instructions for circulator pumps. DOE noted that
Section 41.5.3.1 of HI 41.5-2021 references Appendix E of HI 40.6-2021
as the test standard that governs measurements of all test points in
the standard. DOE reviewed HI 40.6-2021 with respect to the minor
modifications listed by the CPWG in Recommendation #10. DOE found that
recommendations regarding frequency of data collection are included in
section 40.6.5.5.1, and recommendations regarding electrical
measurement equipment and power supply characteristics are included in
section C.3.4.1 and Table 40.6.3.2.3. The recommendation regarding BEP
speed--specifically, to test at max speed with no adjustment to
nominal--is addressed in Appendix E of HI 40.6-2021, which excludes
sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, dealing with the
specified speed of rotation and translation to that specified speed.
The recommendations for relevant parameters at specific load points
have been addressed in Appendix E of HI 40.6-2021 as well as HI 41.5-
2021, with some modifications. Id.
After considering stakeholder comments on the May 2021 RFI, DOE
proposed to incorporate HI 40.6-2021, inclusive of Appendix E, into the
proposed appendix D to subpart Y, with the exceptions, modifications,
and additions described elsewhere in the December 2021 NOPR. DOE
requested comment on its proposal. 86 FR 72096, 72121.
HI agreed with incorporating HI 40.6-2021 by reference. In Appendix
E of HI 40.6-2021, HI noted exception and modifications for testing of
circulator pumps. (HI, No. 9 at p. 6) Grundfos agreed with
incorporating HI 40.6-2021 as stated in the December 2021 NOPR.
(Grundfos, No. 7 at p. 4)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, DOE is incorporating by referencing HI 40.6-2021,
inclusive of Appendix E, into appendix D to subpart Y, with the
exceptions, modifications, and additions described elsewhere in the
document.
2. Exceptions, Modifications and Additions to HI 40.6-2021
In the December 2021 NOPR, DOE stated that, in general, DOE finds
the test methods contained within HI 40.6-2021 are sufficiently
specific and reasonably designed to produce test results to determine a
CEI that is representative of average use cycle of applicable
circulator pumps. However, only certain sections of HI 40.6-2021 are
applicable to the proposed circulator pump test procedure. 86 FR 72096,
72121. In addition, DOE proposed certain exceptions, modifications, and
additions to ensure test results are sufficiently repeatable and
reproducible, addressed in the subsequent sections III.E.2.a through
III.E.2.d of this document.

[[Page 57283]]

a. Applicability and Clarification of Certain Sections of HI 40.6-2021
In the December 2021 NOPR, DOE stated that although it is proposing
to incorporate by reference HI 40.6-2021 as the basis for its test
procedure, some sections of the standard are not applicable to the
circulator pump test procedure, while other sections require additional
specification regarding their applicability when conducting the
circulator pump test procedure. Id.
DOE did not propose to adopt through reference section 40.6.4.1,
``Vertically suspended pumps,'' and section 40.6.4.2, ``Submersible
pumps,'' of HI 40.6-2021 in the circulator pump test procedure because
circulator pumps are IL pumps and are not vertical turbine or
submersible pumps. As such, the test provisions applicable to vertical
turbine and submersible pumps described in Section 40.6.4.1 and section
40.6.4.2 of HI 40.6-2021 would not apply to the circulator pump test
procedure. Id.
Additionally, Section 40.6.5.5.2 of HI 40.6-2021, ``Speed of
rotation during test,'' requires that the speed of rotation to
establish flow rate, pump total head, and power input be within the
range of 80 percent to 120 percent of the rated speed. However, in the
proposed circulator pump test procedure, rated or nominal speeds are
not relevant, as DOE did not propose that speed be measured as part of
the test procedure. Similarly, section 40.6.6.1, ``Translation of test
results to the specified speed of rotation,'' describes the method by
which tested data can be translated to the rated speed of rotation for
subsequent calculations and reporting purposes. As DOE did not propose
that speed be measured as part of this circulator pump test procedure,
translation of tested results based on speed is not necessary. As a
result, DOE did not propose to adopt Sections 40.6.5.5.2 and 40.6.6.1
(including 40.6.6.1.1) of HI 40.6-2021. This is consistent with the
exclusions for circulator pump testing in Appendix E of HI 40.6-2021.
Id.
DOE also did not propose to adopt Section 40.6.5.3, ``Test
report,'' which provides requirements regarding reporting of test
results and Appendix B, ``Reporting of test results,'' that refers to
DOE's existing reporting requirements at 10 CFR 429.59 for general
pumps, both of which are not required for testing and rating circulator
pumps in accordance with DOE's procedure. Specifically, the updated
Appendix B references specific reporting requirements established in
the general pumps test procedure, of which not all specifications are
applicable to circulator pumps. DOE noted that it would propose
specific certification and reporting requirements for circulator pumps
as part of a separate rulemaking, should such standards be
proposed.\18\ Id.
---------------------------------------------------------------------------

\18\ For more information on any energy conservation standard
rulemaking for circulator pumps see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

Finally, DOE did not propose to adopt Appendix G, ``DOE compared to
HI 40.6 nomenclature,'' which refers to nomenclature used by DOE in the
general pumps test procedure (appendix A to subpart Y of 10 CFR part
431) and is not in all cases consistent with the terminology used in
the proposed circulator pump test procedure. Id.
In summary, for the reasons stated previously, DOE did not propose
to adopt Sections 40.6.4.1, 40.6.4.2, 40.6.5.3, 40.6.5.5.2, 40.6.6.1,
40.6.6.1.1, Appendix B, and Appendix G of HI 40.6-2021 as part of the
DOE test procedure for circulator pumps. Id.
In addition, DOE noted that Appendix E of HI 40.6-2021 includes
modifications to testing in sections 40.6.5.5.1 and 40.6.6.3. DOE
proposed to reference HI 40.6-2021 inclusive of Appendix E and the
modifications therein. Id.
DOE requested comments on these proposals. Id.
Grundfos stated that excluding sections 40.6.4.1, 40.6.4.2,
40.6.5.3, 40.6.5.5.2, 40.6.6.1, 40.6.6.1.1, Appendix B, and Appendix G
of HI 40.6-2021is warranted. (Grundfos, No. 7 at p. 4) HI stated that
circulator pump definitions are separate from submersible or vertically
suspended; therefore, a specific exclusion of Sections 40.6.4.1 and
40.6.4.2 is not needed. HI stated that Appendix E already excludes
Section 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, so DOE does not need to
exclude them. HI agreed that Section 40.6.5.3, Appendix B, and Appendix
G of HI 40.6-2021 can be excluded. (HI, No. 9 at p. 7)
In response to HI, DOE understands that within HI 40.6-2021 section
40.6.4, there are separate subsections for vertically suspended pumps
(40.6.4.1), submersible pumps (40.6.4.2), and all other pump types
(40.6.4.3), the latter of which references all other pump types
identified by ANSI/HI 14.1-14.2, ``Rotodynamic Pumps for Nomenclature
and Definitions,'' which is the successor to the previously discussed
ANSI/HI 1.1-1.2-2014. DOE expects this is why HI stated that specific
exclusion of sections 40.6.4.1 and 40.6.4.2 is not required. However,
to provide clarity without having to reference additional industry
standards, DOE is adopting only those specific sections of HI 40.6-2021
applicable to the test procedure for circulator pumps in scope of the
DOE test procedure (see section A.0.1 in appendix D as established in
this final rule), as proposed in the December 2021 NOPR. DOE is also
excluding sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, to improve the
clarity of the DOE test procedure even though Appendix E of HI 40.6-
2021 already excludes them. DOE is also adopting exclusions of section
40.6.5.3, Appendix B, and Appendix G as proposed in the December 2021
NOPR and supported by HI and Grundfos.
b. Testing Twin Head Circulator Pumps and Circulators-Less-Volute
In the December 2021 NOPR, DOE stated that a twin head circulator
pump is a type of circulator pump that contains two impeller
assemblies, mounted in two volutes that share a single inlet and
discharge in a common casing. DOE proposed to test twin head circulator
pumps as recommended by the CPWG and consistent with Section 41.5.3 of
HI 41.5-2021. Specifically, DOE proposed that to test twin head
circulator pumps, one of the two impeller assemblies should be
incorporated into an adequate, single impeller volute and casing. An
adequate, single impeller volute and casing means a volute and casing
for which any physical and functional characteristics that affect
energy consumption and energy efficiency are essentially identical to
their corresponding characteristics for a single impeller in the twin
head circulator pump volute and casing. DOE requested comments on its
proposal. 86 FR 72096, 72121-72122.
HI agreed with the proposed test procedure for twin head pumps,
which is consistent with the test procedure outlined in HI 41.5.3
(paragraph 5). (HI, No. 9 at p. 7) Grundfos agreed with the test
method, stating that it is the same method applied to general pumps and
using that test method ensures consistency in the regulation.
(Grundfos, No. 7 at p. 4)
As discussed in the December 2021 NOPR and consistent with comment,
in this final rule, DOE is adopting the test procedure for twin head
circulator pump as proposed in the December 2021 NOPR.
In the December 2021 NOPR, DOE stated that a circulator-less-volute
is a circulator pump with a complete motor that is sold without a
volute, but for which a paired volute is available in commerce from a
manufacturer. DOE proposed that the circulator-less-volute would be
paired with specific volute(s)

[[Page 57284]]

with which the circulator-less-volute is offered for sale or advertised
to be paired with, and that the combination would be subject to the
proposed applicable DOE test procedure for that circulator-less-volute
model. DOE proposed that the CEI for each volute and circulator-less-
volute pairing be determined separately. Additionally, DOE proposed to
allow manufacturers of circulator pumps to group similar volute and
circulator-less-volute pairings within a given basic model rating to
minimize testing burden, while still ensuring that the CEI rating is
representative of minimum efficiency or maximum energy consumption of
the group. DOE stated that circulator-less-volute manufacturers could
opt to make representations of the CEI of each individual circulator-
less-volute and volute combination or could elect to make CEI
representations regarding a circulator-less-volute combined with
several individual volutes and rate the group with the same
representative CEI value, which would be representative of the least
efficient model. DOE requested comment on its proposals. 86 FR 72096,
72122.
HI agreed with DOE's proposed test procedure for circulators-less-
volute. (HI, No. 9 at p. 7) Grundfos agreed with the test procedure for
circulator-less-volute but stated that header pumps should be included
in this test procedure. (Grundfos, No. 7 at p. 4) As discussed in
section III.B.4, Grundfos stated that DOE should require that header
pumps be tested like circulators-less-volute, except that the
manufacturer determines the volute to be used and make this volute
available for testing on the open market so that all interested parties
can purchase and test the pump in the same manner it was certified.
(Id.)
As discussed in section III.B.4 and III.B.6 of this document, DOE
is not including header pumps within the scope of the test procedure as
it has determined that the recommended test method would increase
burden and would not produce representative results. Therefore, for the
reasons discussed in the December 2021 NOPR, DOE is adopting the test
procedure for circulators-less-volute as proposed in the December 2021
NOPR.
c. Determination of Circulator Pump Driver Power Input at Specified
Flow Rates
In the December 2021 NOPR, DOE proposed to adopt the provisions in
appendix E of HI 40.6-2021 for determining circulator pump driver power
input at specified flow rates, noting that these differ from the CPWG
recommendations, but are more appropriate because having test points
lower than the lowest point of required driver power allows a linear
regression to be constructed that includes all the driver power input
points. The provisions include:
<bullet> Section 40.6.5.5.1 Test procedure--A minimum of nine test
points shall be taken for all performance tests. Points are to be
selected at approximately 10 percent, 25 percent, 40 percent, 60
percent, 75 percent, 90 percent, 100 percent, 110 percent, and 120
percent of the flow rate at the expected BEP of the circulator pump.
<bullet> Section 40.6.6.3 Performance curve--Determine the pump
total head versus flow rate curve only based on a polynomial of the 6th
order.
<bullet> Section 40.6.6.3 Performance curve--Determine the driver
power input at 25 percent, 50 percent, 75 percent, and 100 percent of
BEP based on a 3rd order polynomial curve of best fit of the tested
values (as specified in section 40.6.5.5.1) at 10 percent, 25 percent,
40 percent, 60 percent, 75 percent, 90 percent, 100 percent, 110
percent, and 120 percent of expected BEP flow rate.
DOE requested comments on this proposal. 86 FR 72096, 72122-72123.
HI and Grundfos agreed with DOE's proposal to incorporate Appendix
E of HI 40.6-2021 for determining the circulator pump driver power
input at flow rates. (HI, No. 9 at p. 7; Grundfos, No. 7 at p. 4) For
the reasons discussed in the December 2021 NOPR and in the preceding
paragraphs, in this final rule, DOE is incorporating Appendix E of HI
40.6-2021 into the test procedure for circulator pumps as proposed.
In the December 2021 NOPR, DOE also noted that the procedure
specified in section 40.6.6.3 and Appendix E of HI 40.6-2021 is
applicable for test points gathered at maximum speed, but the other
test points proposed for circulator pumps with pressure controls,
temperature controls, manual speed controls, and external input signal
controls are not specified in HI 40.6-2016. For circulator pumps with
pressure controls, temperature controls, manual speed controls, and
external input signal controls, the general test procedure consists of
``sweeping'' the maximum speed curve (i.e., taking measurements at flow
intervals along the head/flow curve associated with maximum pump speed)
to determine BEP, adjusting the pump to the determined BEP at maximum
speed, and then adjusting the speed of the pump according to the
applicable control or reference system curve to achieve the specified
load points at 25, 50, 75 percent of BEP flow at reduced speed. As
such, for these test points, unlike the test points at maximum speed
derived from the data collected to determine BEP, manufacturers would
adjust the operation of the pump to specifically achieve the load
points at 25, 50, 75, and 100 percent of BEP flow, as applicable. Due
to experimental uncertainty, the specific test points measured in the
test protocol may not be exactly at 25, 50, 75, or 100 percent of the
BEP flow load points specified in the test procedure and, thus, the
relevant power input measurements must be adjusted to reflect the power
input at the specific load points specified in the test procedure. DOE
noted that HI 40.6-2021 does not specify the tolerances around which
the specified flow values must be achieved or how to adjust the test
points to the specified load points, accounting for such experimental
tolerance. 86 FR 72096, 72123.
In the December 2021 NOPR, DOE stated that HI 41.5-2021 includes
provisions different from those recommended by the CPWG. Specifically,
all tested flow values must be within <plus-minus>5 percent of the
target flow load points as specified by the reference system curve in
HI 41.5-2021. (HI 41.5-2021 section 41.5.3.4.2 #3c, 41.5.3.4.3,
41.5.3.4.4.1-2, 41.5.3.45) HI stated that this target range limits the
pump efficiency ranges allowed for a given test point and minimizes
variation in CEI values for a given test. In addition, any head values
that are above the reference system curve (including within 10 percent)
are not adjusted. HI stated that this eliminates a discontinuity in CEI
values when transitioning between corrected and uncorrected values and
allows for better representation of pump CEI. Finally, for pressure
control and manual speed control, tested head is allowed to be below
the reference curve and corrected back to the reference curve. HI
stated that this eliminates the need for all control curves to exist
above the reference curve allowing for a better representation of
control curves used in the market and for the circulator pump CEI
values to better represent a pump's capabilities. (HI, No. 112 at p. 2)
These provisions are found throughout each of the individual control
variety test methods in HI 41.5; a summary is available in 41.5.1. DOE
proposed to incorporate the provisions in HI 41.5-2021. 86 FR 72096,
72123.
DOE noted also that the proposed load points are specified with a
discrete flow value (i.e., 25, 50, 75, and/or 100 percent of BEP flow)
and, for temperature control and external input signal controls, a
minimum head value

[[Page 57285]]

(i.e., at or above the reference system curve). Therefore, as proposed
the flow values must be achieved within <plus-minus>5 percent and, for
temperature controls and external input signal controls, the tested
head values must not be more than 10 percent below the reference system
curve. Any test point with a flow value that is more than <plus-minus>5
percent away from the specified value or, for temperature controls and
external input signal controls, a head value is more than 10 percent
below the reference system curve would be invalid and, therefore, must
be retested. 86 FR 72096, 72124.
DOE proposed to adjust the tested driver input power values for all
relevant test points for circulator pumps with temperature and external
input signal controls using the methods adopted in the January 2016 TP
final rule and discussed by the CPWG. Specifically, DOE proposed that
if the tested flow values are within <plus-minus>5 percent of the flow
load point specified by the reference system curve and the head values
are within <plus-minus>10 percent of the head load points specified by
the reference system curve, the tested driver input power values would
be proportionally adjusted to the specified flow and head points, as
shown in equation (12):
[GRAPHIC] [TIFF OMITTED] TR19SE22.027

Where:

P<INF>R,i</INF> = the driver power input (hp);
H<INF>R,i</INF> = the specified head at load point i based on the
reference system curve (ft);
H<INF>T,j</INF> = the tested head at load point j (ft);
Q<INF>R,i</INF> = the specified flow rate at load point i based on
the reference system curve (gpm);
Q<INF>T,j</INF> = the tested flow rate at load point j (gpm); and
P<INF>T,j</INF> = the tested driver power input at load point j
(hp).

86 FR 72096, 72124.

DOE also proposed that for pressure controls and manual speed
controls, if the tested flow values are within <plus-minus>5 percent of
the flow load point specified by the reference system curve and the
tested head values are below the head load points specified by the
reference system curve, the tested driver power input values would be
proportionally adjusted to the specified flow and heat points as shown
in equation (12). Id.
Finally, DOE proposed, consistent with the recommendations of the
CPWG and the modifications in HI 41.5-2021, that for temperature
controls and external input signal controls, if the tested head values
are above the reference system curve by more than 10 percent, or for
pressure controls and manual speed controls, if the tested head values
are above the reference system curve at all, only the flow values would
be proportionally adjusted to the specified value, as shown in equation
(13):
[GRAPHIC] [TIFF OMITTED] TR19SE22.028

Where:

P<INF>R,i</INF> = the driver power input (hp);
Q<INF>R,i</INF> = the specified flow rate at load point i based on
the reference system curve (gpm);
Q<INF>T,j</INF> = the tested flow rate at load point j (gpm); and
P<INF>T,j</INF> = the tested driver power input at load point j
(hp).

DOE requested comment on these proposals. 86 FR 72096, 72124.

HI stated that the power corrections in HI 41.5 are as HI intends,
specifically for pressure and manual speed controls, the power
corrections noted in HI 41.5-2021 section 41.5.3.4.2.3.d and Equation
41.5.3.4.2b for pressure speed control and section 41.5.3.4.5.2.d and
Equation 41.5.3.4.5b for manual speed control. HI recommended that DOE
should incorporate these sections by reference. (HI, No. 9 at p. 7)
Grundfos also stated that only the head term is ignored when correcting
power above the reference curve, and that it agreed with the <plus-
minus>5 flow tolerance. (Grundfos, No. 7 at p. 5)
HI stated that, with regard to temperature and external input
signal controls, the power corrections noted in HI 41.5-2021 in section
41.4.3.4.3.2 and Equation 41.5.3.4.3b for temperature controls and
sections 41.5.3.4.4.1.2 and 41.5.3.4.4.2.2 and Equations 41.5.3.4.4.1b
and 41.5.3.4.4.2b for external input signal controls are as intended.
HI recommended that DOE should incorporate these sections by reference.
(HI, No. 9 at p. 8) Grundfos reiterated that only the head term is
ignored when correcting power above the reference curve, and that it
agreed with the <plus-minus>5 flow tolerance. (Grundfos, No. 7 at p. 5)
For the reasons discuss above and in the December 2021 NOPR, DOE is
adopting the flow and head tolerances and proportional adjustments as
proposed in the December 2021 NOPR. However, as discussed in section
II, DOE is adopting through reference specific sections of HI 41.5-
2022, each of which includes provisions for these adjustments. The
language in HI 41.5-2022 differs from that in the regulatory text in
the December 2021 NOPR, by using only one equation and clarifying the
applicable use of the equation in different scenarios in text rather
than including two separate equations applicable to the different
scenarios as DOE did. However, the substance of the language in HI
41.5-2022 is consistent with that of the regulatory text in the
December 2021 NOPR; as such this does not represent a substantive
change. In addition, HI specifically requested DOE reference the
relevant sections of HI 41.5-2021 (to which HI 41.5-2022 is identical),
and no stakeholders expressed that the relevant language in HI 41.5 was
unclear.

[[Page 57286]]

With regards to the test points to which the tolerance and
adjustment methods are applicable, DOE noted in the December 2021 NOPR
that the CPWG recommended that ``all'' test points for circulator pumps
with pressure controls, temperature controls, manual speed controls, or
external input signal controls apply the specified tolerances and
adjustment methods. (Docket No. EERE-2016-BT-STD-0004, No. 58
Recommendation #10 at pp. 8-9) However, DOE stated that it believed
that the curve fitting method for determining driver power input at the
specified load points at maximum speed is more applicable and less
burdensome for many of the maximum speed test points than requiring
retesting along the maximum speed curve to achieve those test points
within <plus-minus>10 percent. Specifically, for manual speed controls
and external input signal controls in addition to other control
varieties, the proposed test methods and CEI calculation methods
require load points be determined at 25, 50, 75, and 100 percent of BEP
flow along the maximum speed curve, as well as at 25, 50, and 75
percent of BEP flow at reduced speeds. For the test points at reduced
speed, DOE stated that it believed, as recommended by the CPWG, that
the proposed tolerances and proportional adjustment would be
applicable. However, for the test points at 25, 50, and 75 percent of
maximum speed, DOE stated that it believed that it would be less
burdensome and more consistent with the proposed testing of circulator
pumps with no controls to determine such test points via curve fitting
of the BEP test data at maximum speed. DOE stated that this is
consistent with Sections 41.5.3.4.4.2 and 41.5.3.4.5 of HI 41.5-2021.
With regard to the test point at 100 percent of BEP flow and maximum
speed, DOE noted that, in order to test such circulator pump models,
the circulator pump must be adjusted to a test point at 100 percent of
BEP flow and maximum speed before reducing the speed in accordance with
the control logic to achieve the reduced speed values. As such, DOE
stated that using the tested value at 100 percent of BEP flow and
maximum speed as opposed to the value determined via curve fitting
would be more accurate and would not increase the burden of the
testing. DOE noted that this proposal is inconsistent with HI 41.5-
2021, which includes the 100 percent point as part of the points
determined by curve fitting, rather than as a measured test point. DOE
requested comment on this deviation. 86 FR 72096, 72124-72125. Table
III.2 summarizes the proposed applicability of the different adjustment
methods to the various test points for each circulator pump variety.

Table III.2--Summary of Applicable Adjustment Method for Different Test
Points for All Control Varieties
------------------------------------------------------------------------
Test points that must
be achieved within
Test points that any specified
Control variety would be tolerance and would
determined via be determined via
curve fitting proportional
adjustment
------------------------------------------------------------------------
Pressure Controls............. None............. All (25, 50 ,75, and
100 percent of BEP
flow).
Temperature Controls.......... None............. All (25, 50 ,75, and
100 percent of BEP
flow).
Manual Speed Controls......... 25, 50, and 75 25, 50, and 75
percent of BEP percent of BEP flow
flow at maximum at reduced speed and
speed. 100 percent of BEP
flow at maximum
speed.
External Input Signal Controls 25, 50, and 75 25, 50, and 75
percent of BEP percent of BEP flow
flow at maximum at reduced speed and
speed. 100 percent of BEP
flow at maximum
speed.
------------------------------------------------------------------------

DOE requested comment on the proposed applicability of the
tolerance and proportional adjustment method to the various test
points, as compared to the curve fitting method, based on circulator
pump control variety. DOE particularly requested comment on which
category is most appropriate for the 100 percent of BEP flow point. Id.
at 86 FR 72125.
HI stated that it understood that DOE proposed to test the 100
percent BEP for manual speed controls and external input signal
controls the same way as for pressure and temperature controls to
determine the input power term at maximum speed in the CER equation,
which requires adjusting the tested power proportional to the BEP
originally determined from the curve fit. HI commented that the curve
fitted 100 percent BEP point is the anchor point for the reduced speed
load points and should be used without requiring retesting for manual
and external input speed control. HI stated that DOE's proposal would
not increase accuracy but would require retesting a point already
measured. HI stated that DOE should incorporate by reference the
language in sections HI 41.5.3.4.5 for manual speed control and
41.5.3.4.4 for external input signal control to maintain consistency
with what industry has already implemented. (HI, No. 9 at p. 8)
Grundfos stated that maintaining the curve fitting method is
preferable to minimize testing burden even if minor deviations are
present using this method. Grundfos added that if DOE decides that
curve fitting error needs to be addressed, allowing a piece-wise curve
fitting would solve this issue. Grundfos added that this curve fitting
error happens at all test points, not just at 100 percent BEP.
(Grundfos, No. 7 at p. 5)
DOE agrees with HI and Grundfos that deviating from HI 41.5-2021 to
require the 100 percent BEP flow point be obtained by achieving the
test point within tolerance rather than by curve-fitting would
introduce burden not warranted for the expected gain. These provisions
appear in the updated version of the industry guideline, in HI 41.5-
2022 sections 41.5.3.4.5 and 41.5.3.4.4, which DOE is adopting through
reference. As such, DOE is adopting provisions for manual speed
controls and external input signal controls that determine the 100
percent BEP flow point through curve fitting.
3. Calculation and Rounding Modifications and Additions
In the December 2021 NOPR, DOE noted that HI 40.6-2014 did not
specify how to round values for calculation and reporting purposes. DOE
recognized that the manner in which values are rounded can affect the
resulting CEI and that CEI values should be reported with the same
number of significant digits. Therefore, to improve the consistency of
calculations and to ensure accuracy, the CPWG recommended that that all
calculations be performed with the raw measured data, and that the
resultant CER (then called PER<INF>CIRC</INF>)and CEI (then called
PEI<INF>CIRC</INF>) be rounded to 3 significant figures. (Docket No.
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at p. 8) DOE noted
that neither HI 40.6-2021 nor HI 41.5-2021 include any rounding
provisions. 86 FR 72096, 72125.

[[Page 57287]]

DOE stated that it agreed with the CPWG regarding its
recommendation to perform all calculations with the raw measured data
and to round the resultant CER, CEI, and other relevant measurements
and calculations in a standardized manner. In the established
provisions for general pumps, the CEI analog (``PEI'') is rounded to
the nearest hundredths place (i.e., 0.01). See section I.D.3 of
appendix A to subpart Y of part 431. To be consistent with the general
pumps provisions, DOE proposed to round CER to three significant
figures and to round CEI to the nearest hundredths place. Additionally,
DOE proposed to calculate relevant non-energy metrics using the raw
measured data and to round to the following: BEP flow at maximum speed
and BEP head at maximum speed values to three significant figures; real
power, true RMS current, and true RMS voltage values to the tenths
place (i.e., 0.1); and rated hydraulic horsepower and true power factor
values to the hundredths place unless otherwise specified. DOE
requested comment on these proposals. Id. at 86 FR 72125-72126.
HI agreed with using raw data for all calculations. HI stated that
it is common practice for manufacturers to use power analyzers to
measure the real power input and that individual values of RMS voltage,
RMS current, and true power factor are not always available. HI added
that collection of test data to 3 significant digits could be a problem
depending on instrumentation display, its resolution, and the measured
value. (HI, No. 9 at p. 9)
HI agreed with the CPWG recommendation that any non-energy metrics,
like RMS current, RMS voltage, real power, and power factor, should be
voluntary to report. (HI, No. 9 at p. 9) HI stated that, for voluntary
purposes to DOE, sufficient rounding guidelines are as follows:

<bullet> Flow at maximum speed (Three significant digits, but limited
to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
<bullet> BEP head at maximum speed (Three significant digits, but
limited to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
<bullet> Real power (Three significant digits, but limited to four
decimal places. e.g., 0.0111)
<bullet> True RMS current (Three significant digits, but limited to the
tenths place for decimal values. e.g., 101, 10.1, 1.1)
<bullet> True RMS voltage (Tenths)
<bullet> Hydraulic horsepower (Three significant digits, but limited to
four decimal places. e.g., 0.0111)
<bullet> True power factor (Hundredths place)

(Id.)
HI added that the rounding guidelines should not apply to
manufacturer representations of this data in commerce (e.g., websites,
literature). (Id.)
Grundfos agreed that the calculations should be done using raw
measured data and agreed with the recommendations from HI on rounding.
(Grundfos, No. 7 at p. 5)
In response to HI's and Grundfos' comments in support of the CPWG's
recommendation to use unrounded values in intermediate test procedure
calculations, DOE is adopting in the December 2021 NOPR proposal to use
the raw measured data in this final rule. Specifically, DOE is
requiring use of raw measured data to perform test procedure
calculations.
In response to HI's support of rounding provisions only as related
to voluntary reporting to DOE and not to manufacturer representations,
DOE has determined that as it has not yet proposed or finalized
certification reporting requirements for circulator pumps, it is only
appropriate to finalize rounding proposals related to parameters
necessary for determination of scope (i.e., rated hydraulic horsepower)
and calculation of CEI (i.e., CER, BEP flow, and BEP head). As DOE has
not yet determined whether it is necessary to report real power, RMS
voltage, RMS current, and true power factor, and given HI's statement
regarding potential limitations in instrumentation for these values,
DOE finds that it would be premature to finalize rounding proposals
related to these provisions at this time. DOE may consider
certification reporting requirements in a separate rulemaking.
Specifically to CEI and CER, DOE received no comments or data
contrary to adoption of the December 2021 NOPR proposal. Therefore, DOE
is adopting in this final rule the December 2021 NOPR's proposal to
require rounding of (1) CEI to the hundredths decimal place; and (2)
CER to three significant figures. Rounding CER to three significant
figures is consistent with the CPWG's recommendation and rounding CEI
to the hundredths place is consistent with the requirements for general
pumps. See section I.D.3 of appendix A to subpart Y of part 431.
Regarding rated hydraulic horsepower, HI and Grundfos suggested
more precision than DOE proposed requiring in December 2021 NOPR's
proposal. Whereas the December 2021 NOPR proposed to require rounding
of rated hydraulic horsepower to the hundredths decimal place,\19\ as
stated previously HI (and Grundfos in support of HI's comment)
commented in support of rounding to three significant figures, not to
exceed four decimal places. (HI, No. 9 at p. 9; Grundfos, No. 7 at p.
5)
---------------------------------------------------------------------------

\19\ For this discussion of rated hydraulic horsepower, decimal
places are as expressed in units of horsepower.
---------------------------------------------------------------------------

Review of publicly available marketing literature indicates
availability of units of power draw at least as small as 14W.\20\
Depending on the relative efficiencies of both the motor and wet end,
DOE estimates the rated hydraulic horsepower of such a motor may round
to zero if expressed to two decimal places.
---------------------------------------------------------------------------

\20\ Xylem Inc. Autocirc Instant Hot Water System Product
Brochure. Accessed: June 07, 2022. <a href="https://www.xylem.com/siteassets/brand/bell-amp-gossett/resources/brochure/a-134.pdf">https://www.xylem.com/siteassets/brand/bell-amp-gossett/resources/brochure/a-134.pdf</a>.
---------------------------------------------------------------------------

Further, because circulator pump motor output power is often
marketed using fractions, identifying the correct value when converted
to decimal notation would require at least the same number of
significant figures. As the denominators of circulator pump motor
output power reach at least three digits, at least three significant
figures are required to identify rated hydraulic power with sufficient
precision. However, in review of the market, DOE did not observe
circulator pump models, which would require more precision than the
fourth decimal place to characterize.
Accordingly, in this final rule, DOE is adopting the rounding
requirements suggested by HI and supported by Grundfos to round rated
hydraulic power to less precise of the following two values: three
significant figures; the fourth decimal place when expressed in units
of horsepower.
4. Rated Hydraulic Horsepower
In the December 2021 NOPR, DOE noted that the proposed definitions
of dry rotor, two-piece circulator pumps and dry rotor, three-piece
circulator pumps each contain a clause that the pump must have a rated
hydraulic power less than or equal to 5 hp at BEP at full impeller
diameter. Accordingly, DOE proposed nomenclature to consistently refer
to and categorize dry rotor circulator pumps based on the hydraulic
horsepower they can produce at BEP and full impeller diameter, as
measured in accordance with the proposed circulator pump test
procedure. DOE noted that hydraulic horsepower (termed pump power
output \21\) is defined in HI 40.6-2021

[[Page 57288]]

and which DOE proposed to adopt through reference (see section III.E.1
of this document). HI 40.6-2021 also contains a test method for
determining pump power output. However, HI 40.6-2021 includes methods
for determining pump power output at any load point. To specify the
pump power characteristic that DOE proposed to use to describe the size
of dry rotor circulator pumps, DOE proposed to introduce a new term,
the ``rated hydraulic horsepower,'' that is identified as the measured
hydraulic horsepower at BEP and full impeller diameter for the rated
pump. DOE requested comment on this proposal. 86 FR 72096, 72126.
---------------------------------------------------------------------------

\21\ The term ``pump power output'' in HI 40.6 is defined as
``the mechanical power transferred to the liquid as it passes
through the pump, also known as pump hydraulic power.'' It is used
synonymously with ``hydraulic horsepower'' in this document.
However, where hydraulic horsepower is used to reference the size of
a dry rotor circulator pump, it refers to the rated hydraulic
horsepower.
---------------------------------------------------------------------------

HI agreed with the proposal to use rated hydraulic horsepower. (HI,
No. 9 at p. 9) Grundfos agreed with the proposal but stated that DOE
needs to consider that using rated hydraulic horsepower could modify
the scope of products covered by the CPWG recommendations. Grundfos
also noted that consideration should be made to ensure that setting
this limit does not modify the scope such that wet runner \22\ and dry
runners \23\ have different sizes covered by the regulation. (Grundfos,
No. 7 at pp. 5-6)
---------------------------------------------------------------------------

\22\ Also known as wet rotor circulator pumps.
\23\ Also known as dry rotor circulator pumps.
---------------------------------------------------------------------------

In response to Grundfos, the definitions for the two varieties of
dry rotor circulator pumps, as recommended by CPWG, as proposed in the
NOPR, and as found in HI 41.5-2021, specify that such pumps must have
hydraulic power less than or equal to five horsepower at best
efficiency point at full impeller diameter. DOE's proposed test
procedure in section 7 of appendix D requires determination of the
rated hydraulic horsepower as the pump power output measured at BEP and
full impeller diameter for the rated pump. This provision does not
differ materially from the language in the dry rotor circulator pump
definitions. As such, DOE has determined that the definition will not
modify the scope of products covered by the CPWG recommendations. In
addition, the proposed definition of wet rotor circulator pump does not
have such a horsepower limitation provision because, unlike dry rotor
circulator pumps, wet rotor circulator pumps are not found in larger
horsepower that would otherwise be regulated as a commercial and
industrial pump. For these reasons, DOE is adopting the provision for
rated hydraulic horsepower as proposed in the December 2021 NOPR.

F. Sampling Plan and Enforcement Provisions for Circulator Pumps

In the December 2021 NOPR, DOE proposed that, for determining the
representative values (i.e., both the proposed energy- and non-energy-
related metrics) for each basic model, manufacturers must use a
statistical sampling plan of tested data, consistent with the sampling
plan for pumps that is currently specified at 10 CFR 429.59. In
addition, DOE proposed specific enforcement procedures that DOE would
follow when testing equipment to verify compliance of any circulator
pump basic model should energy conservation standards be established.
86 FR 72096, 72126. The following sections III.F.1 and III.F.2 of this
document discuss DOE's sampling plan and enforcement provisions for
circulator pumps.
1. Sampling Plan
In the December 2021 NOPR, DOE stated that it provides, in subpart
B to 10 CFR part 429, sampling plans for covered equipment. Id. at 86
FR 72126. The purpose of a statistical sampling plan is to provide a
method to determine representative values of energy- and non-energy-
related metrics, for each basic model. In the January 2016 TP final
rule, DOE adopted sampling provisions applicable to pumps that were
similar to those used for other commercial and industrial equipment. 81
FR 4086, 4135-4136 (Jan. 25, 2016). See also 10 CFR 429.59.
In the December 2021 NOPR, DOE proposed to adopt statistical
sampling plans for circulator pumps similar to that adopted for pumps.
That is, DOE proposed to amend 10 CFR 429.59 to require that, for each
basic model of pump (including circulator pumps), a sample of
sufficient size must be randomly selected and tested to ensure that any
representative value of CEI or other measure of energy consumption of a
basic model for which customers would favor lower values is greater
than or equal to the higher \24\ of the following two values:
---------------------------------------------------------------------------

\24\ In the preamble of the December 2021 NOPR, this was
erroneously written as ``lower of'', while it was correctly written
as ``higher of'' in the regulatory text. See 86 FR 72096, 72126; 86
FR 72096, 72137-72138.
---------------------------------------------------------------------------

(1) The mean of the sample,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.029

and x is the sample mean, n is the number of samples, and
x<INF>i</INF> is the maximum of the ith sample;

Or,
(2) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.05,

where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.030

and x is the sample mean, s is the sample standard deviation, n is
the number of samples, and t<INF>0.95</INF> is the t statistic for a
95 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A of subpart B of 10 CFR part 429).

86 FR 72096, 72126; see also 86 FR 72096, 72137-72138.

DOE stated that for purposes of certification testing, the
determination that a basic model complies with the applicable energy
conservation standard would be based on testing conducted using the
proposed DOE test procedure and sampling plan. The general sampling
requirement currently applicable to all covered products and equipment
provides that a sample of sufficient size must be randomly selected and
tested to ensure compliance and that, unless otherwise specified, a
minimum of two units must be tested to certify a basic model as
compliant. 10 CFR 429.11(a)-(b). DOE proposed to apply this same
minimum sample size requirement to circulator pumps. Thus, if a
statistical sampling plan is used, DOE proposed that a sample of
sufficient size be selected to ensure compliance and that at least two
units must be tested to determine the representative values of
applicable metrics for each basic model. DOE noted that manufacturers
may need to test a sample of more than two units depending on the
variability of their sample, as provided by the statistical sampling
plan. Id at 86 FR 72126.
DOE noted that the proposed sampling provisions would be applicable
to all energy-related metrics for which each manufacturer elected to
make representations. DOE stated that, similar to other pumps, an upper
confidence limit (``UCL'') of 0.95 divided by a de-rating factor of
1.05 would also be applicable to circulator pumps, based on the
variability inherent in the test procedure and manufacturing
variability among units within a given model. Specifically, DOE noted
that the proposed circulator pump test procedure is based on the same

[[Page 57289]]

fundamental test standard (i.e., HI 40.6-2021), with identical
equipment accuracy requirements and test tolerances. In addition, DOE
stated that circulator pumps would realize similar performance
variability to other commercial and industrial equipment, such as
general pumps and dedicated-purpose pool pumps, based on a statistical
analysis conducted by DOE discussed in section III.F.2 of this
document. Id. at 86 FR 72126.
DOE also stated that in addition to CEI, the rated hydraulic
horsepower would be an important characteristic for determining the
applicability of the proposed test procedure to a given circulator pump
model. Specifically, rated hydraulic horsepower would determine the
scope of applicability of the proposed test procedure for dry-rotor
close-coupled circulator pump and dry-rotor mechanically-coupled
circulator pump. DOE proposed that the representative value of rated
hydraulic horsepower be determined as the average of all the tested
units that serve as the basis for the rated efficiency for that basic
model. Similarly, DOE also proposed that true RMS current, true RMS
voltage, true power factor, input power, and the flow and head at BEP
at each load point be determined based on the average of the test
results, for each metric, from all the tested units that serve as the
basis for the rating for that basic model. Id. at 86 FR 72126-72127.
Finally, consistent with provisions for other commercial and
industrial equipment, DOE noted the applicability of certain
requirements regarding retention of certain information related to the
testing and certification of circulator pumps, which are detailed under
10 CFR 429.71. Generally, manufacturers must establish, maintain, and
retain certification and test information, including underlying test
data for all certification testing for 2 years from the date on which
the circulator pump model is discontinued in commerce. Id. at 86 FR
72127.
DOE requested comment on the proposed statistical sampling
procedures and certification requirements for circulator pumps. Id.
HI commented on what it stated was contradictory language within
the NOPR with regard to statistical sampling procedures. HI stated that
it agreed with the proposed language to 10 CFR 429.59 at 86 FR 72137,
which states in part: ``Any representation of the constant load pump
energy index (PEICL), variable load pump energy index (PEIVL),
circulator energy index (CEI), or other measure of energy consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of: . . .'', while HI stated that
the language in the preamble text at 86 FR 72126 incorrectly used
``lower''. (HI, No. 9 at p. 10) Grundfos agreed with the proposed
statistical sampling procedures and certification requirements.
(Grundfos, No. 7 at p. 6) Grundfos also stated that the discussion
recommendation diverges from the current requirement in 10 CFR 429.59
for selecting the highest of the Mean CEI and UCL/1.05 values. Grundfos
stated that the current language in the regulation should also apply to
circulators.\25\ (Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------

\25\ DOE notes that Grundfos included this statement in response
to a request for comment about enforcement provisions, but DOE
believes it is actually in reference to the sampling plan. (See
Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------

DOE acknowledges the error in the preamble of the December 2021
NOPR and adopts the sampling plan as proposed in the regulatory text.
With regard to the proposals related to representative values of rated
hydraulic horsepower, true RMS current, true RMS voltage, true power
factor, input power, and the flow and head at BEP at each load point,
DOE has determined that as it has not yet proposed or finalized
certification reporting requirements for circulator pumps, as discussed
in section III.E.2.d of this document, it is only appropriate to
finalize the proposals related to parameters necessary for
determination of scope (i.e., rated hydraulic horsepower) and
calculation of CEI (i.e., flow and head at BEP; input power limited to
relevant load points). Instead of including specific provisions for
true RMS current, true RMS voltage, true power factor, and input power
at unspecified points, which would be premature, DOE is finalizing a
provision that requires the representative value of any other reported
value of a basic model of circulator pump to be determined based on the
mean of that value for each tested unit. DOE will consider
certification reporting requirements in a separate rulemaking.
With regard to the requirements in 10 CFR 429.71 as discussed in
the December 2021 NOPR, DOE notes that the records retention
requirements are applicable to certification reports and the data
underlying certification reports. DOE reiterates that certification in
accordance with the test procedure adopted in this final rule would not
be required until such time as compliance were required with energy
conservation standards for circulator pumps, should DOE establish such
standards.
2. Enforcement Provisions
In the December 2021 NOPR, DOE stated that enforcement provisions
govern the process DOE would follow when performing an assessment of
basic model compliance with standards, as described under subpart C of
10 CFR part 429. Specifically, subpart C of 10 CFR part 429 describes
the notification requirements, legal processes, penalties, specific
prohibited acts, and testing protocols related to testing covered
equipment to determine or verify compliance with standards. DOE
proposed that the same general enforcement provisions contained in
subpart C of 10 CFR part 429 would be applicable to circulator pumps.
86 FR 72096, 72127.
Related to enforcement testing of circulator pumps, as specified in
10 CFR 429.110(e)(1), DOE proposed that it would conduct the applicable
circulator pump test procedure, once adopted, to determine the CEI for
tested circulator pump models. DOE proposed circulator-pump specific
enforcement testing provisions for 10 CFR 429.134.\26\ Specifically, if
a manufacturer did not certify a control setting, DOE would test the
circulator pump model using the no controls test method if no controls
were available, or if controls are available, DOE would test using the
test method for any one of the available control varieties on board.
DOE requested comment on how, absent information on the tested control
method for a basic model, DOE should determine which test method to
conduct. Id.
---------------------------------------------------------------------------

\26\ DOE intends to propose certification requirements in a
separate energy conservation standards rulemaking.
---------------------------------------------------------------------------

HI agreed with DOE's proposed methodology for determining which
test method to conduct and recommended that DOE make the tested control
method a mandatory entry in the data upload template. (HI, No. 9 at p.
10) Grundfos stated that DOE should rely on published literature on the
product, and absent that information DOE should select any available
control method for testing. (Grundfos, No. 7 at p. 6)
In response to HI, DOE will address the certification requirements
and template in a separate rulemaking. In response to Grundfos, DOE has
determined that it does not need to rely on manufacturer literature to
identify an appropriate control method for testing; any control method
available on board the circulator may be tested. As such, DOE is
finalizing its proposal that if a manufacturer does not certify a
control setting, DOE would test the circulator pump model using the no
controls test method if no controls were available, or

[[Page 57290]]

if controls are available, DOE would test using the test method for any
one of the available control varieties on board.
In the December 2021 NOPR, DOE noted that the CPWG recommended that
for pressure controls, manufacturers choose the factory control logic
to test, report the control setting used for rating, and report the
method of control (automatic speed adjustment, manual speed adjustment,
or simulated pressure signal adjustment). (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7) However, DOE proposed that it
would test using the specified control curve but would always use the
automatic control option for testing of pressure controls, to ensure
that any rated CEI is representative of commercially available
performance, as distributed in commerce. In addition, for circulator
pumps rated with adaptive pressure controls, DOE proposed to test the
circulator pump using the manual control option that results in the
lowest head values at each test point below maximum speed. This would
ensure that, if the minimum head thresholds are not accessible via the
commercially available control with which the pump is distributed in
commerce, a representative CEI can still be obtained for the compliance
of that circulator pump to be assessed. If a specified control curve is
not available, DOE proposed to test using any control that meets the
requirements specified in the pressure control test method. DOE stated
that it would consider adopting more specific provisions in the final
rule given feedback on the most appropriate selection criteria. 86 FR
72096, 72127.
For manual speed controls and external input signal controls, the
CPWG recommended testing at the lowest speed setting that will achieve
a head at or above the reference curve. (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7-8) DOE noted that this
requirement had been removed in HI 41.5-2021. For external input signal
controls and temperature controls, DOE proposed that it would conduct
enforcement testing with this provision. DOE stated that if manual
speed control testing is allowed below the reference curve, this
provision would not be applicable to certification testing. However, to
provide certainty as to how DOE would conduct enforcement testing DOE
proposed to specify that it would conduct testing using the speed
setting closest to each of the head points specified by the reference
system curve (above or below). 86 FR 72096, 72127.
DOE requested comment on the proposed product-specific enforcement
testing provisions for circulator pumps, particularly with regard to
the appropriate control curve for pressure controls (when not
specified) and the appropriate speed settings for other control
methods. Id.
HI stated that to clarify, DOE should test at the lowest head at or
above the reference curve for 75, 50, and 25 percent of BEP flow that
is within the manufacturer's literature. HI recommended that for the
100 percent BEP flow point, DOE should use the curve fitted 100 percent
BEP point as the anchor point. (HI, No. 9 at p. 10)
Grundfos stated that DOE should clarify that adaptive pressure
controls will be manually tested with the following parameters: (1)
test the points below 100 percent flow as close to the reference curve
as possible, still meeting the +-5% flow requirements, and (2) all test
points will be conducted within the operating parameters of the
identified adaptive control method (e.g., H_min_set, Hmax, etc.) to
ensure that the resultant CEI reflects test points achievable in the
field. (Grundfos, No. 7 at p. 6)
Upon review, DOE has determined that additional product-specific
enforcement provisions are not needed for circulator pumps. In HI 41.5-
2022, industry has determined that it is not necessary to specify
``lowest speed'' as part of the test methods. In addition, HI 41.5-2022
section 41.5.5.3 requires manufacturers to report to HI the control
type(s) the circulator pumps is rated with as well as, where
applicable, the control curve setting used and numerical description of
the control curve as a function of flow rate (gpm) and head (ft). As
such, DOE has determined that it will be sufficient for DOE to test the
circulator pump in accordance with the control curve description and
equation with which the circulator pumps was rated.
As circulator pumps have relatively large shipments and are
generally a high-volume piece of equipment, in the December 2021 NOPR,
DOE proposed to use, when determining performance for a specific basic
model, the enforcement testing sample size, calculations, and
procedures laid out in appendix A to subpart C of 10 CFR part 429 for
consumer products and certain high-volume commercial equipment. These
procedures, in general, provide that DOE would test an initial sample
of at least 4 units and determine the mean CEI value and standard error
of the sample. DOE would then compare these values to the CEI standard
level, once adopted, to determine the compliance of the basic model or
if additional testing (up to a total of 21 units) is required to make a
compliance determination with sufficient confidence. 86 FR 72096,
72127.
DOE noted that this proposal differs from the enforcement testing
sample size and calculations for DOE adopted for general pumps in the
January 2016 TP final rule. Specifically, in the January 2016 TP final
rule, DOE adopted provisions at 10 CFR 429.110(e)(5) \27\ stating that
DOE would assess compliance of any pump basic models undergoing
enforcement testing based on the arithmetic mean of up to four units.
81 FR 4086, 4121. In the August 2017 DPPP TP final rule, DOE also
adopted the enforcement testing sample provisions in appendix A and
clarified that the enforcement provisions adopted in the January 2016
TP final rule and specified at 10 CFR 429.110(e)(5) are only applicable
to those pumps subject to the test procedure adopted in the January
2016 TP final rule. 82 FR 36858, 36910. In the December 2021 NOPR, DOE
stated that circulator pumps should be treated similarly to DPPP
because of the shipments and high volume of the equipment. 86 FR 72096,
72127-72128.
---------------------------------------------------------------------------

\27\ DOE notes that the 2016 general pumps TP final rule were
originally adopted into 10 CFR 429.110(e)(1)(iv), but a recent
rulemaking for battery chargers reorganized the enforcement
provisions for various equipment, including pumps, to place the pump
enforcement provisions in 10 CFR 429.110(e)(5). 81 FR 31827, 31841
(May 20, 2016).
---------------------------------------------------------------------------

DOE requested comment on the proposal to apply to circulator pumps
the enforcement testing sample size, calculations, and procedures laid
out in appendix A to subpart C of 10 CFR part 429. Id. at 86 FR 72128.
HI stated that the standard methodology laid out in appendix A to
subpart C of 10 CFR part 429 applies to products where the
representative value of efficiency is larger for more efficient
products. HI noted that CEI has lower values for more efficient
products; therefore, appendix A is not applicable unless the
determinations are inverted. (HI, No. 9 at p. 10) Grundfos also stated
that appendix A applies to regulated products where the representative
measure is higher for more efficient product and therefore does not
apply to circulators. (Grundfos, No. 7 at p. 6)
In response to HI and Grundfos, DOE notes that while section (e) of
appendix A applies to products where the representative value of
efficiency is larger for more efficient products (i.e., subject to an
energy efficiency standard), section (f) applies to products that have
lower values for more efficient products (i.e., subject to an energy

[[Page 57291]]

consumption standard). As such, DOE is applying to circulator pumps the
enforcement testing sample size, calculations, and procedures laid out
in appendix A to subpart C of 10 CFR part 429 as proposed in the
December 2021 NOPR.
In the December 2021 NOPR, DOE noted that the rated hydraulic
horsepower would be necessary to determine the scope of applicability
of the test procedure to certain circulator pump varieties (i.e., dry-
rotor close-coupled circulator pump and dry-rotor mechanically-coupled
circulator pump). Therefore, DOE proposed specific procedures to
determine the rated hydraulic horsepower of tested circulator pumps
when verifying compliance. When determining compliance of any units
tested for enforcement purposes, DOE proposed that, if the rated
hydraulic horsepower determined through DOE's testing (either the
measured rated hydraulic horsepower for a single unit sample or the
average of the measured rated hydraulic horsepower values for a
multiple unit sample) is within 5 percent of the certified value of
rated hydraulic horsepower, then DOE would use the certified value of
rated hydraulic horsepower as the basis for determining the scope of
applicability for that circulator pump model. However, if DOE's tested
value of hydraulic horsepower is not within 5 percent of the certified
value of hydraulic horsepower, DOE would use the arithmetic mean of all
the hydraulic horsepower values resulting from DOE's testing when
determining the scope of applicability for the circulator pump model.
DOE stated such an approach would result in more reproducible and
equitable compliance determinations among DOE, manufacturers, and test
labs. 86 FR 72096, 72128.
DOE sought comment upon the applicability of a 5 percent tolerance
on rated hydraulic horsepower for each tested circulator pump model or
if a higher or lower percentage variation would be justified. Id.
HI stated that based on the uncertainties listed in HI 40.6-2021,
it agreed with DOE's proposal. (HI, No. 9 at p. 10) Grundfos also
agreed with the proposal. (Grundfos, No. 7 at p. 6)
DOE notes that while the preamble to the December 2021 NOPR
explained this proposal and solicited comment, the corresponding draft
regulatory text for this provision was erroneously omitted in the
December 2021 NOPR. Given stakeholder support for the proposal and for
the reasons discussed previously and in the December 2021 NOPR, in this
final rule, DOE adopts the product-specific enforcement provisions
related to hydraulic horsepower for circulator pumps as described in
the December 2021 NOPR preamble.

G. Representations of Energy Use and Energy Efficiency

In the December 2021 NOPR, DOE stated that manufacturers of
circulator pumps within the scope of the proposed circulator pump test
procedure, if finalized, would be required to use the test procedures
proposed in this rulemaking when making representations about the
energy efficiency or energy use of their equipment. 86 FR 72096, 72128.
Specifically, 42 U.S.C. 6314(d) provides that ``no manufacturer . . .
may make any representation . . . respecting the energy consumption of
such equipment or cost of energy consumed by such equipment, unless
such equipment has been tested in accordance with such test procedure
and such representation fairly discloses the results of such testing.''
DOE stated that, if made final, the proposed test procedure would
not require manufacturers to test the subject circulator pumps.
However, beginning 180 days after publication of a final rule that
adopts a test procedure for circulator pumps, any voluntary
representations as to the energy efficiency or energy use of a subject
circulator pump would be required to be based on the DOE test
procedure. (42 U.S.C. 6314(d)); 86 FR 72096, 72128.
With respect to representations, generally, DOE stated that
manufacturers often make representations (graphically or in numerical
form) of energy use metrics, including overall (wire-to-water)
efficiency, driver power input, and/or pump power output (hydraulic
horsepower) and may make these representations at a variety of
different load points or operating speeds. DOE proposed to allow
manufacturers to continue making these representations. To ensure
consistent and standardized representations across the pump industry
and to ensure such representations are not in conflict with the
reported CEI for any given circulator pump model, DOE proposed to
establish testing procedures for these parameters that are part of the
DOE test procedure and that while manufacturers would not be required
to make representations regarding the performance of circulator pumps
using these additional metrics, to the extent manufacturers wish to do
so, they would be required to do so based on testing in accordance with
the DOE test procedure. In addition, as noted in section III.C of this
document, the CPWG-recommended method of determining PER<INF>STD,</INF>
if adopted by DOE, would require tested hydraulic horsepower of the
rated circulator pump at one or more specific load points. 86 FR 72096,
72128.
DOE noted that overall (wire-to-water) efficiency, driver power
input, and/or pump power output (hydraulic horsepower) are already
parameters that are described in HI 40.6-2021, which DOE proposed to
incorporate by reference in the DOE test procedure. DOE stated that
further specification is not necessary regarding the determination of
these parameters. DOE noted that HI 40.6-2021 does not include explicit
instructions for determining pump power output at specific load points;
however, section E.3.2 specifies determination of the circulator pump
total head versus flow rate curve based on a polynomial of the 6th
order, and DOE assumed this curve would be used to calculate pump power
output at any relevant load point. Id.
DOE requested comment on its proposal to adopt provisions for the
measurement of several other circulator pump metrics, including overall
(wire-to-water) efficiency, driver power input, and/or pump power
output (hydraulic horsepower). Id. DOE also requested comment on its
belief that HI 40.6-2021 contains all the necessary met

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