Rule2023-05635

Energy Conservation Program: Test Procedure for Commercial and Industrial Pumps

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 24, 2023
Effective
April 24, 2023

Issuing agencies

Energy Department

Abstract

This final rule amends the test procedure for commercial and industrial pumps ("pumps") to incorporate by reference relevant portions of the latest version of the industry testing standard, expands the scope of clean water pumps covered by this test procedure, revises calculation methods for pumps sold with motors and controls to better represent field energy use, adds and updates certain definitions, and allows the use of alternative efficiency determination methods for the rating and certification of pumps.

Full Text

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<title>Federal Register, Volume 88 Issue 57 (Friday, March 24, 2023)</title>
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[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17934-17986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05635]



[[Page 17933]]

Vol. 88

Friday,

No. 57

March 24, 2023

Part II





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program: Test Procedure for Commercial and 
Industrial Pumps; Final Rule

Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Rules 
and Regulations

[[Page 17934]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2020-BT-TP-0032]
RIN 1904-AE53


Energy Conservation Program: Test Procedure for Commercial and 
Industrial Pumps

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

ACTION: Final rule.

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SUMMARY: This final rule amends the test procedure for commercial and 
industrial pumps (``pumps'') to incorporate by reference relevant 
portions of the latest version of the industry testing standard, 
expands the scope of clean water pumps covered by this test procedure, 
revises calculation methods for pumps sold with motors and controls to 
better represent field energy use, adds and updates certain 
definitions, and allows the use of alternative efficiency determination 
methods for the rating and certification of pumps.

DATES: The effective date of this rule is April 24, 2023. The 
amendments will be mandatory for product testing starting September 20, 
2023.
    The incorporation by reference of certain materials listed in the 
rule is approved by the Director of the Federal Register on April 24, 
2023. The incorporation by reference of certain other materials listed 
in this rule was approved by the Director of the Federal Register on 
January 25, 2016.

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, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2020-BT-TP-0032">www.regulations.gov/docket/EERE-2020-BT-TP-0032</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#8dccfdfde1e4ece3eee8def9ece3e9ecffe9fedcf8e8fef9e4e2e3fecde8e8a3e9e2e8a3eae2fb"><span class="__cf_email__" data-cfemail="e4a59494888d858a8781b790858a8085968097b5918197908d8b8a97a48181ca808b81ca838b92">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#c382b3b3afaaa2ada0a690b7a2ada7a2b1a7b092b6a6b0b7aaacadb083a6a6eda7aca6eda4acb5"><span class="__cf_email__" data-cfemail="08497878646169666b6d5b7c69666c697a6c7b597d6d7b7c6167667b486d6d266c676d266f677e">[email&#160;protected]</span></a>.
    Mr. Nolan Brickwood, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-4498. Email: 
<a href="/cdn-cgi/l/email-protection#f3bd9c9f929dddb1819a9098849c9c97b39b82dd979c96dd949c85"><span class="__cf_email__" data-cfemail="3e7051525f50107c4c575d554951515a7e564f105a515b10595148">[email&#160;protected]</span></a>.

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

HI 40.6-2021, ``Methods For Rotodynamic Pump Efficiency Testing'';
ANSI/HI 9.6.1-2017, ``Rotodynamic Pumps Guideline for NPSH Margin'';
ANSI/HI 9.6.6-2016, ``Rotodynamic Pumps for Pump Piping'';
ANSI/HI 9.8-2018, ``Rotodynamic Pumps for Pump Intake Design'';
ANSI/HI 14.1-14.2-2019, ``Rotodynamic Pumps for Nomenclature and 
Definitions'';
HI Engineering Data Book--Second Edition;

    Copies of HI 40.6-2021, ANSI/HI 9.6.1-2017, ANSI/HI 9.6.6-2016, 
ANSI/HI 9.8-2018, ANSI/HI 14.1-14.2-2019, and the HI Engineering Data 
Book--Second Edition, can be obtained from the Hydraulics Institute 
(HI), 300 Interpace Parkway, 3rd Bldg. A Floor, Parsippany, NJ 07054, 
(973) 267-9700, or online at: <a href="http://www.Pumps.org">www.Pumps.org</a>.

ANSI/ASME MFC-5M-1985 (Reaffirmed 2006), ``Measurement of Liquid Flow 
in Closed Conduits Using Transit-Time Ultrasonic Flowmeters'' (``ANSI/
ASME MFC-5M-1985'');
ASME MFC-3M-2004 (Reaffirmed 2017), ``Measurement of Fluid Flow in 
Pipes Using Orifice, Nozzle, and Venturi'' (``ASME MFC-3M-2004'');
ASME MFC-8M-2001 (Reaffirmed 2011), ``Fluid Flow in Closed Conduits: 
Connections for Pressure Signal Transmissions Between Primary and 
Secondary Devices'';
ASME MFC-12M-2006 (Reaffirmed 2014), ``Measurement of Fluid Flow in 
Closed Conduits Using Multiport Averaging Pitot Primary Elements'' 
(``ASME MFC-12M-2006'');
ASME MFC-16-2014, ``Measurement of Liquid Flow in Closed Conduits with 
Electromagnetic Flowmeters'';
ASME MFC-22-2007 (Reaffirmed 2014), ``Measurement of Liquid by Turbine 
Flowmeters'' (``ASME MFC-22-2007'');

    Copies of ANSI/ASME MFC-5M-1985, ASME MFC-3M-2004, ASME MFC-8M-
2001, ASME MFC-12M-2006, ASME MFC-16-2014, and ASME MFC-22-2007 can be 
obtained from the American Society of Mechanical Engineers (ASME), Two 
Park Avenue, New York, NY 10016-5990, (800) 843-2763, or online at: 
<a href="http://www.asme.org">www.asme.org</a>.

ANSI/AWWA E103-2015, ``Horizontal and Vertical Line-Shaft Pumps'' 
(``AWWA E103-2015'');

    Copies of AWWA E103-2015 can be obtained from the American Water 
Works Association (AWWA), 6666 W Quincy Avenue, Denver, CO 80235, (303) 
794-7711, or online at: <a href="http://www.awwa.org">www.awwa.org</a>.

CSA C390-10, ``Test methods, marking requirements, and energy 
efficiency levels for three-phase induction motors'';

    Copies of CSA C390-10 can be obtained from the Canadian Standards 
Association (CSA), 178 Rexdale Blvd., Toronto, ON, Canada M9W 1R3, 
(800) 463-6727, or online at <a href="http://www.csagroup.org">www.csagroup.org</a>.

IEEE 112-2017, ``IEEE Standard Test Procedure for Polyphase Induction 
Motors and Generators'';
IEEE 114-2010, ``IEEE Standard Test Procedure for Single-Phase 
Induction Motors'';

    Copies of IEEE 112-2017 and IEEE 114-2010 can be obtained from the 
Institute of Electrical and Electronics Engineers (IEEE), 445 Hoes 
Lane, Piscataway, NJ 08854-4141, (732) 981-0060, or online at 
<a href="http://standards.ieee.org">standards.ieee.org</a>.

ISO 1438:2017(E), ``Hydrometry--Open channel flow measurement using 
thin-plate weirs'' (``ISO 1438:2017'');
ISO 2186:2007(E), ``Fluid flow in closed conduits--Connections for 
pressure signal transmissions between primary and secondary elements'' 
(``ISO 2186:2007'');
ISO 2715:2017(E), ``Liquid hydrocarbons--Volumetric measurement by 
turbine flowmeter'' (``ISO 2715:2017'');
ISO 3354:2008(E), ``Measurement of clean water flow in closed 
conduits--Velocity-area method using current-meters in full conduits 
and under regular flow conditions'' (``ISO 3354:2008'');
ISO 3966:2020(E), ``Measurement of fluid flow in closed conduits--
Velocity area method using Pitot static tubes'' (``ISO 3996:2020'');
ISO 5167-1:2003(E), ``Measurement of fluid flow by means of pressure 
differential devices inserted in circular cross-section conduits 
running full--Part 1: General

[[Page 17935]]

principles and requirements'' (``ISO 5167-1:2003'');
ISO 5198:1987(E), ``Centrifugal, mixed flow and axial pumps--Code for 
hydraulic performance tests--Precision class'' (``ISO 5198:1987'');
ISO 6416:2017(E), ``Hydrometry--Measurement of discharge by the 
ultrasonic transit time (time of flight) method'' (``ISO 6416:2017'');
ISO 20456:2017(E), ``Measurement of fluid flow in closed conduits--
Guidance for the use of electromagnetic flowmeters for conductive 
liquids'' (``ISO 20456:2017'');

    Copies of ISO 1438:2017, ISO 2186:2007, ISO 2715:2017, ISO 
3354:2008, ISO 3966:2020, ISO 5167-1:2003, ISO 5198:1987, ISO 
6416:2017, and ISO 20456:2017 can be obtained from the International 
Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401, 
1214 Vernier, Geneva, Switzerland, +41 22 749 01 11, or online at: 
<a href="http://www.iso.org">www.iso.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. Scope of Applicability
    1. Pumps Not Designed for Clean Water Applications
    2. Small Vertical Inline Pumps
    3. Other Clean Water Pump Categories
    4. Scope Limitations
    B. Definitions
    1. Removing Certain References to Volute
    2. HI Pump Class References
    3. Bowl Diameter
    4. Small Vertical Inline Pumps
    5. Between-Bearing Pumps
    6. Vertical Turbine Pump
    7. Radially-Split, Multi-Stage Horizontal Pumps
    8. Close-Coupled and Mechanically-Coupled Pumps
    C. Updates to Industry Standards
    1. ANSI/HI 40.6
    2. ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014
    D. Metric
    E. Amendments to Test Method
    1. Nominal Speed
    2. Testing of Multi-Stage Pumps
    3. Load Profile
    4. Pumps With BEP at Run-Out
    5. Calibration of Measurement Equipment
    6. Calculations and Rounding
    F. Calculation-Based and Testing-Based Options According to Pump 
Configuration (Table 1 of Appendix A)
    1. Hybrid Mapping Approach
    2. Calculation Method for Pumps Sold With Induction Motors and 
Controls
    3. Calculation Method for Pumps Sold With Inverter-Only Motors 
(With or Without Controls)
    4. Pumps Sold With Submersible Motors
    G. Test Procedure for SVIL Pumps
    1. Applicable Motor Regulations
    2. SVIL Paired With Motors Less Than 0.25 Horsepower
    3. SVIL Paired With Other Motors Not Covered by DOE Regulations
    4. Part-Load Loss Curves
    H. Test Procedure for Other Expanded Scope Pumps
    1. Testing Other Expanded Scope Pumps to HI 40.6
    2. Testing Other Expanded Scope Pumps With Motors
    I. Sampling Plan, AEDMs, Enforcement Provisions, and Basic Model
    1. Sampling Plan for Determining Represented Values
    2. Alternative Efficiency Determination Methods
    3. Enforcement Provisions
    4. Basic Model Definition
    J. Representations of Energy Use and Energy Efficiency
    K. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    L. 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

    Commercial and industrial pumps (collectively, ``pumps'') are 
included in the list of ``covered equipment'' for which the U.S. 
Department of Energy (``DOE'') is authorized to establish and amend 
energy conservation standards and test procedures. (42 U.S.C. 
6311(1)(A)) DOE's energy conservation standards and test procedures for 
pumps are currently prescribed at title 10 of the Code of Federal 
Regulations (``CFR''), Sec.  431.464, and 10 CFR part 431 subpart Y 
appendix A (``appendix A''). The following sections discuss DOE's 
authority to establish test procedures for pumps and relevant 
background information regarding DOE's consideration of test procedures 
for this equipment.

A. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, 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 of EPCA,\2\ 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 C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA 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

[[Page 17936]]

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 equipment. 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 given 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))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered equipment, including pumps, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6314(a)(1)
    In addition, if the Secretary determines that a test procedure 
amendment is warranted, 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)). If DOE determines that test procedure revisions are 
not appropriate, DOE must publish its determination not to amend the 
test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
    DOE is publishing this final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6314(b)(1))

B. Background

    DOE established its test procedure for pumps in a final rule 
published on January 25, 2016. 81 FR 4086 (``January 2016 Final 
Rule'').\3\ The January 2016 Final Rule established definitions for the 
terms ``pump,'' \4\ ``driver,'' \5\ and ``controls,'' \6\ and 
identified several categories and configurations of pumps. The pumps 
test procedure currently incorporates by reference the Hydraulic 
Institute (``HI'') Standard 40.6-2014, ``Methods for Rotodynamic Pump 
Efficiency Testing'' (``HI 40.6-2014''), along with several 
modifications to that testing method related to measuring the hydraulic 
power, shaft power, and electric input power of pumps, inclusive of 
electric motors and any continuous or non-continuous controls.\7\
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    \3\ On March 23, 2016, DOE published a correction to the January 
2016 Final Rule to correct the placement of the product-specific 
enforcement provisions related to pumps under 10 CFR 429.134(i). 81 
FR 15426.
    \4\ A ``pump'' means 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. (10 CFR 431.462)
    \5\ A ``driver'' provides mechanical input to drive a bare pump 
directly or through the use of mechanical equipment. Electric 
motors, internal combustion engines, and gas/steam turbines are 
examples of drivers. (10 CFR 431.462)
    \6\ A ``control'' is used to operate a driver. (10 CFR 431.462)
    \7\ A ``continuous control'' is a control that adjusts the speed 
of the pump driver continuously over the driver operating speed 
range in response to incremental changes in the required pump flow, 
head, or power output. A ``non-continuous control'' is a control 
that adjusts the speed of a driver to one of a discrete number of 
non-continuous preset operating speeds and does not respond to 
incremental reductions in the required pump flow, head, or power 
output. 10 CFR 431.462.
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    On September 28, 2020, DOE published an early assessment review 
request for information (``RFI'') to determine whether to proceed with 
a rulemaking to amend the test procedure for pumps. 85 FR 60734 
(``September 2020 Early Assessment RFI''). DOE subsequently published 
an RFI on April 16, 2021 seeking further data and information 
pertaining to the test procedure for pumps. 86 FR 20075 (``April 2021 
RFI''). On April 11, 2022, DOE published a test procedure notice of 
proposed rulemaking presenting DOE's proposals to amend the pumps test 
procedure. 87 FR 21268 (``April 2022 NOPR''). DOE held a public meeting 
related to the April 2022 NOPR on April 26, 2022 (``NOPR public 
meeting'').
    DOE received comments in response to the April 2022 NOPR from the 
interested parties listed in Table I.1.

            Table I.1--List of Commenters With Written Submissions in Response to the April 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Project,    Efficiency Advocates......              30  Efficiency Organizations.
 American Council for an Energy-
 Efficient Economy, Natural Resources
 Defense Council.
ebm-pabst, Inc..........................  ebm-pabst.................             n/a  Motor Manufacturer.
Grundfos Americas Corporation...........  Grundfos..................              31  Manufacturer.
Hydraulic Institute.....................  HI........................              33  Trade Association.
Northwest Energy Efficiency Alliance....  NEEA......................              34  Efficiency Organization.
Pacific Gas and Electric Company, San     CA IOUs...................              32  Utilities.
 Diego Gas and Electric, and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
People's Republic of China..............  China.....................              29  Country.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\8\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the NOPR public meeting, DOE cites the written comments 
throughout this final rule. Any oral comments provided during the 
webinar that are not substantively addressed by written comments are 
summarized and cited separately throughout this final rule.
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    \8\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for pumps. (Docket No. EERE-2020-BT-TP-0032, 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 amends Sec. Sec.  431.462, 431.463, 
431.464, and appendix A as follows:

[[Page 17937]]

    (1) Expand the scope of the test procedure to include additional 
clean water pumps, specifically radially-split, multi-stage, horizontal 
(``RSH'') pumps; radially-split, multi-stage, horizontal in-line 
diffuser casing (``RSHIL'') pumps; radially-split, multi-stage, 
horizontal, end-suction diffuser casing (``RSHES'') pumps; small 
vertical in-line (``SVIL'') pumps; vertical turbine (``VT'') pumps; 
pumps sold with 6-pole induction motors or motors with design speeds 
greater than or equal to 960 rpm and less than 1,440 rpm; and end-
suction pumps not covered by the current test procedure;
    (2) Clarify the applicability of the design temperature range and 
modify the range parameters;
    (3) Add and modify certain definitions in 10 CFR 431.462 to 
accommodate the expansion of the test procedure's scope and to clarify 
existing definitions;
    (4) Incorporate by reference HI 40.6-2021 into 10 CFR 431.463 and 
remove language in the DOE test procedure that is redundant with HI 
40.6-2021;
    (5) Clarify certain test provisions for pumps with BEP at run-out;
    (6) Update part-load loss factor equation coefficients in the 
calculation method for pumps sold with induction motors and controls;
    (7) Provide a calculation method for pumps sold with inverter-only 
motors;
    (8) Update the test procedure for submersible pumps to address 
DOE's coverage of submersible motors;
    (9) Add provisions for testing and rating RSH, SVIL, VT pumps, and 
pumps sold with a 6-pole induction motors or with design speeds greater 
than or equal to 960 rpm and less than 1,440 rpm; and
    (10) Allow use of alternative efficiency determination methods 
(``AEDMs'').
    The adopted amendments are summarized in Table II.1 compared to the 
current test procedure provision prior to the amendment, as well as the 
reason for the adopted change.

      Table II.1--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
  DOE test procedure prior to
           amendment            Amended test procedure     Attribution
------------------------------------------------------------------------
Does not include in the scope   Includes in the scope   Improved
 of the test procedure RSHIL,    of the test procedure   representativen
 RSHES, SVIL, or VT pumps;       RSHIL, RSHES, SVIL,     ess.
 pumps distributed in commerce   and VT pumps; pumps
 with nominal speeds of 1,200    distributed in
 rpm; or all end-suction pumps.  commerce with nominal
                                 speeds of 1,200 rpm;
                                 and all end-suction
                                 pumps.
Includes a scope limitation of  Specifies a scope       Improved clarity
 a design temperature range      limitation of a pump    and
 from 14 to 248 [deg]F.          whose design            enforceability.
                                 temperature range
                                 falls wholly or
                                 partially into the
                                 range from 15 to 250
                                 [deg]F.
Includes definitions for pump   Includes definitions    Required for
 categories within the current   for additional pump     scope
 scope of the test procedure.    categories and          expansion;
                                 clarifications to the   improved
                                 definitions for some    enforceability.
                                 existing pump
                                 categories.
Incorporates by reference HI    Incorporates by         Updates to
 40.6-2014 for determining the   reference HI 40.6-      applicable
 constant load pump energy       2021 for determining    industry test
 index (``PEICL'') and the       the PEICL and the       standard.
 variable load pump energy       PEIVL value of pumps.
 index (``PEIVL'') value of
 pumps.
Provides example pump           Removes example pump    Simplification
 categories for certain pump     categories from all     of the test
 definitions by referencing      relevant definitions.   procedure.
 ANSI/HI 1.1-1.2-2014 and ANSI/
 HI 2.1-2.2-2014.
References ANSI/HI 2.1-2.2-     Incorporates a          Simplification
 2014 to define ``intermediate   definition for          of the test
 bowl'' within the definition    ``intermediate bowl''   procedure.
 for bowl diameter.              in the definition for
                                 bowl diameter,
                                 removing the
                                 reference to ANSI/HI
                                 2.1-2.2-2014.
Does not include test           Includes                Required for
 provisions for multistage       specifications for      scope
 pumps other than RSV and ST.    stages for testing      expansion.
                                 for RSHIL, RSHES, and
                                 VT pumps.
Includes provisions for pumps   Clarifies provisions    Improved
 with BEP at run-out.            for pumps with BEP at   repeatability
                                 run-out.                and
                                                         reproducibility
                                                         .
References a section of HI      Clarifies the           Improved
 40.6-2014 related to            applicable test         repeatability
 calibration of measurement      provisions in HI 40.6-  and
 equipment.                      2021 for calibration    reproducibility
                                 of measurement          .
                                 equipment.
Includes a calculation method   Includes revised part-  Improved
 for pumps sold with induction   load loss factor        representativen
 motors and controls.            equation coefficients   ess.
                                 for motors 50 hp and
                                 above.
Does not provide a calculation  Provides a calculation  Reduced burden.
 method for pumps sold with      method for pumps sold
 inverter-only motors.           with inverter-only
                                 motors.
Includes test provisions        Includes test           Allows for
 specific to submersible pumps   provisions specific     seamless update
 based on default motor          to submersible pumps    if or when DOE
 efficiency.                     based on DOE's          finalizes
                                 coverage of             submersible
                                 submersible motors.     motor coverage.
Does not include test           Includes test           Required for
 provisions specific to SVILs.   provisions specific     scope
                                 to SVILs.               expansion.
Does not include provisions     Includes provisions     Improved
 for testing pumps distributed   for testing pumps       representativen
 in commerce with 6-pole         sold with 6-pole        ess.
 motors or motors with design    motors or motors with
 speeds greater than or equal    design speeds greater
 to 960 rpm and less than        than or equal to 960
 1,440 rpm.                      rpm and less than
                                 1,440 rpm.
Does not allow use of AEDMs...  Allows use of AEDMs...  Reduced burden.
------------------------------------------------------------------------


[[Page 17938]]

    DOE has determined that the amendments described in section III of 
this final rule would not alter the measured efficiency \9\ of 
commercial and industrial pumps that are currently included in the 
scope of DOE's energy conservation standards for pumps. Therefore, DOE 
does not expect that retesting or recertification would be necessary 
for currently certified pumps as a result of DOE's adoption of the 
amendments to the test procedures. Additionally, DOE has determined 
that the amendments would not increase the cost of testing for these 
pumps.
---------------------------------------------------------------------------

    \9\ DOE is updating the induction motor coefficients (see 
section III.F.2 of this document) which will change the calculated 
rating for pumps sold with induction motors. However, DOE expects 
the updated calculations will provide a PEI equal to or less than 
that determined using the current induction motor coefficients. 
Since the pump would be considered more efficient, manufacturers 
would not have to recertify their basic models, although they could 
voluntarily choose to do so. As such, DOE has determined that the 
updated induction motor coefficients will not increase manufacturer 
burden.
---------------------------------------------------------------------------

    For pumps that are not currently within the scope of the test 
procedure but are subject to the expansion of scope adopted by this 
final rule, use of the DOE test procedure as amended by this final rule 
is not required until the compliance date of any energy conservation 
standards that DOE may ultimately establish for such pumps as part of a 
separate rulemaking assessing the technological feasibility and 
economic justification for such standards.
    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. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedures 
beginning 180 days after the publication of this final rule. (42 U.S.C. 
6314(d))
    Discussion of DOE's actions are addressed in detail in section III 
of this final rule.

III. Discussion

A. Scope of Applicability

    The current DOE test procedure for pumps applies to five categories 
of ``clean water pumps'' with specific defined characteristics and 
excludes certain defined categories \10\ of pumps. 10 CFR 
431.464(a)(1).
---------------------------------------------------------------------------

    \10\ The excluded categories of pumps are 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 
Military Specifications: 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). 10 CFR 431.464(a)(1)(iii).
---------------------------------------------------------------------------

    DOE defines ``clean water pump'' as 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.
    The five categories of clean water pumps to which the current test 
procedure applies are: end-suction close-coupled (``ESCC''); end-
suction frame mounted/own bearings (``ESFM''); in-line (``IL''); 
radially-split, multi-stage, vertical, in-line diffuser casing 
(``RSV''); and submersible turbine (``ST''). 10 CFR 431.464(a)(1)(i). 
The defined characteristics specify limits on flow rate, maximum head, 
design temperature range, motor type, bowl diameter, and speed.\11\ 10 
CFR 431.464(a)(1)(ii). In the context of the energy conservation 
standards, pumps are further delineated into equipment classes based on 
nominal speed of rotation and operating mode (i.e., constant load or 
variable load). 10 CFR 431.465.
---------------------------------------------------------------------------

    \11\ More specifically, these characteristics include: (A) flow 
rate of 25 gallons per minute or greater at best efficiency point 
(``BEP'') and full impeller diameter; (B) maximum head of 459 feet 
at BEP and full impeller diameter and the number of stages required 
for testing; (C) design temperature range from 14 to 248 [deg]F; (D) 
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; 
(E) For ST pumps, a 6-inch or smaller bowl diameter; and (F) For 
ESCC and ESFM pumps, a specific speed less than or equal to 5,000 
when calculated using U.S. customary units. 10 CFR 
431.464(a)(1)(ii).
---------------------------------------------------------------------------

    In the April 2022 NOPR, DOE proposed expanding the test procedure 
scope to include BB, RSH, RSHIL, RSHES, SVIL, and VT pumps, as well as 
pumps sold with 6-pole induction motors or motors with design speeds 
between 960 rpm and 1,440 rpm; ST pumps with bowl diameters greater 
than 6 inches; and end-suction pumps not covered by the current test 
procedure. 87 FR 21268, 21272.
    The CA IOUs, Efficiency Advocates, and NEEA supported DOE's 
proposal to expand the test procedure scope to include additional 
pumps. (NEEA, No. 34 at p. 2; Efficiency Advocates, No. 30 at pp. 1-3; 
CA IOUs, No. 32 at p. 1) NEEA commented that sales reported to its 
commercial and industrial pumps efficiency program indicated these 
pumps should be included in the scope of the test procedure and that 
this would avoid pumps outside the scope from competing with regulated 
pumps without the costs of complying with the efficiency standards and 
labeling requirements. (NEEA, No. 34 at p. 2)
    HI stated that the proposed scope expansion could be tested to HI 
40.6-2021 but commented that DOE should consider the benefits of 
including larger pumps, since these pumps are often sold in much 
smaller volumes and the capital and manufacturing impacts will be 
disproportionate compared to energy savings for the current scope. (HI, 
No. 33 at p. 1) HI also stated that these larger pumps may require 
different testing infrastructure and instrumentation and that this 
would require substantial capital investment for testing. Id.
    DOE addresses HI's comments in the following sections relative to 
specific pump categories. The following sections also provide 
additional information and responses to stakeholder comments specific 
to the pumps that DOE considered for inclusion in the test procedure 
scope.
1. Pumps Not Designed for Clean Water Applications
    The scope of the current DOE test procedure, as described 
previously, does not include either chemical process or wastewater 
pumps. See 10 CFR 431.464(a)(1)(i). Chemical process pumps are designed 
to pump fluids other than water, and wastewater pumps are designed for 
water with a higher level of free solids than clean water pumps. In the 
April 2022 NOPR, in response to comments received on the April 2021 
RFI, DOE explained that although certain non-clean water pumps may be 
used in clean water applications, DOE expects the number of non-clean 
water pumps used in the clean water applications to be relatively 
small. 87 FR 21268, 21275. DOE noted that the relevant industry 
standards do not provide requirements for testing pumps designed for 
non-clean water applications. Id. To test non-clean water pumps, DOE 
would need to reference or develop an alternate test procedure. Id. 
While this test procedure might enable comparison between non-clean 
water pumps, it is unlikely that a clean water and non-clean water test 
procedure would provide comparable results. Id.

[[Page 17939]]

    Additionally, DOE noted that non-clean water pumps, specifically 
wastewater pumps, must meet specific performance requirements to ensure 
the health of the U.S. population. 87 FR 21268, 21275. DOE would need 
to carefully evaluate how the performance of non-clean water pumps 
could be impacted by energy conservation standards and ensure that 
public health and safety would not be negatively affected. Id. As such, 
additional investigation would be needed to understand the market, 
energy savings potential, test procedure implications, and performance 
requirements of non-clean water pumps (i.e., chemical process and 
wastewater). Id. DOE noted that because ``C-value'' is specified in the 
energy conservation standard (see 10 CFR 431.465(b)(4)) and C-value is 
required for determining PEI<INF>CL</INF> and PEI<INF>VL,</INF> there 
would be limited use of the test procedure without corresponding 
standards. Id. Therefore, in the April 2022 NOPR, DOE tentatively 
determined to continue to limit the applicability of the test procedure 
to clean water pumps. Id.
    In response to the April 2022 NOPR, NEEA requested that DOE add 
ASME B73 \12\ compliant pumps in the clean water definition. (NEEA, No. 
34 at p. 2-4) NEEA explained that pumps that meet the requirements of 
ANSI/ASME Standard B73.1-2012 or ANSI/ASME B73.2-2002 are often used in 
pumping clean water. Id. NEEA further stated that these pumps are often 
advertised as serving clean water functions and have been certified for 
that end use--some for drinking water components. Since these pumps 
overlap and compete directly with covered pumps in clean water 
applications, NEEA argued that they potentially create a compliance 
loophole. Id. NEEA suggested that DOE no longer consider ASME B73 
certified pumps to be excluded from the clean water definition and 
clarified that they did not believe DOE would need to change the 
current or proposed scope of pumps to do so. (NEEA, No. 34 at p. 4) 
NEEA stated that ending the exclusion was sufficient, and that in doing 
so DOE would only be including those ASME B73 certified pumps that 
advertise as clean water pumps and compete directly with clean water 
pumps. Id.
---------------------------------------------------------------------------

    \12\ Pumps certified under the ASME B73 designation include: 
B73.1 (``Specification for Horizontal End-suction Centrifugal Pumps 
for Chemical Process''), B73.2 (``Specification for Vertical In-Line 
Centrifugal Pumps for Chemical Process''), B73.3 (``Specification 
for Sealless Horizontal End-suction Centrifugal Pumps for Chemical 
Process''), and B73.5 (``Thermoplastic/thermoset Polymer Material 
Horizontal End-suction Centrifugal Pumps Chemical Process''). All 
B73 pumps are designed for use as chemical process pumps, which have 
specific design requirements related to reliability and performance 
such as maximum shaft deflections, bearing frame lubrication, 
sealing requirements, and vibration limits.
---------------------------------------------------------------------------

    In response to NEEA, any pump designed for non-clean water 
applications would also be capable of pumping clean water. However, DOE 
notes that the definition of clean water pump specifies that the pump 
is designed for use in pumping [clean water] (emphasis added). See 10 
CFR 431.462. DOE further notes that the ASME B73 pumps have additional 
design requirements for maximum shaft deflections, bearing frame 
lubrication, sealing, and vibration limits because they are designed 
for use in chemical process applications.
    Because of the additional design requirements applicable to ASME 
B73 pumps, it is unlikely that a manufacturer of clean water pumps 
would certify to ASME B73 as a way to avoid DOE energy conservation 
standards. DOE market research indicates that the prices of ASME B73 
pumps are typically substantially higher than the clean water pumps 
that are included in this rulemaking, presumably due to these 
additional design requirements. Therefore, DOE does not expect end 
users to specifically purchase ASME B73 pumps for use as replacements 
for clean water pumps currently covered by DOE energy conservation 
standards. Finally, DOE is not aware of ASME B73 pumps being 
distributed in commerce as substitutes for clean water pumps to any 
significant degree. Given these considerations, DOE is not amending the 
definition of clean water pump to specifically include pumps certified 
under the ASME B73 designation in this rulemaking.
    The Efficiency Advocates encouraged DOE to investigate ways to 
accelerate adoption of variable speed drives (``VSDs'') in nonclean 
water applications, stating that pumps in chemical and wastewater 
sectors are estimated to use more than 27 and 17 TWh/yr of electricity 
respectively. (Efficiency Advocates, No. 30 at p. 4) They cited a 2020 
study by NEEA showing that VSDs provided average energy savings of 23 
percent and 43 percent for constant- and variable-load clean water 
pumping applications, respectively. Id. The Efficiency Advocates 
concluded from this study that there are significant potential savings 
from using VSDs, noting that wastewater flow can vary significantly 
over time and may benefit especially. Id. Efficiency Advocates 
encouraged DOE to develop the test procedure for VSDs in non-clean 
water applications in order to facilitate greater market adoption of 
VSDs in wastewater and chemical process pumps and capture the potential 
energy-savings benefits.
    In response to the Efficiency Advocates, DOE reiterates its 
discussion in the April 2022 NOPR that DOE expects the number of non-
clean water pumps used in the clean water applications to be relatively 
small; that the scope of HI 40.6-2014, which is currently incorporated 
by reference into the DOE test procedure, includes clean water pumps 
only, and that it is unlikely that a clean water and non-clean water 
test procedure would provide comparable results. 87 FR 21268, 21275. 
DOE emphasizes that waste water pumps, in particular, are required to 
pump slurries/solids. DOE is incorporating by reference HI 40.6-2021, 
which is only applicable to clean water pumps. If DOE were to include 
waste water and other clean water pumps in its scope of coverage, it 
would need to evaluate the applicability and repeatability of industry 
test procedures for these pumps. DOE has not had an opportunity to 
appropriately evaluate these test procedures or conduct its own testing 
on non-clean water pumps during this test procedure rulemaking; 
however, DOE may consider evaluating these pumps in a future 
rulemaking.
    In summary, the scope of the test procedure as amended by this 
final rule continues to exclude both chemical process and wastewater 
pumps.
    Regarding VSDs, DOE notes that its current test procedure 
accommodates pumps with variable speed operation by providing 
calculations for determining variable load PEI (``PEI<INF>VL</INF>''). 
(See Appendix A to subpart Y of part 431.) However, as discussed, DOE 
is continuing to exclude wastewater pumps from the scope of the test 
procedure.
2. Small Vertical Inline Pumps
    As discussed, the scope of the current DOE test procedure is 
limited to five categories of pumps designed for clean water 
applications. 10 CFR 431.464(a)(1)(i). One of these categories is IL 
pumps, which are limited to a shaft input power greater than or equal 
to 1 hp and less than or equal to 200 hp at best efficiency point 
(``BEP'') \13\ and full impeller diameter, and in which liquid is 
discharged in a plane perpendicular to the impeller shaft. 10 CFR 
431.462. In 2016, a Circulator Pump Working Group \14\ recommended a 
test procedure

[[Page 17940]]

and energy conservation standard for circulator pumps, which DOE is 
addressing in a separate rulemaking, and also made recommendations for 
SVIL pumps. SVIL pumps have characteristics identical to those for in-
line pumps except SVIL pumps have shaft input power of less than 1 hp. 
The Circulator Pump Working Group recommended that (1) SVIL pumps be 
evaluated using the PEI<INF>CL</INF> or PEI<INF>VL</INF> metric, and 
(2) SVIL pumps should be tested using the DOE commercial and industrial 
pump test procedure, with any needed modifications determined by DOE. 
(Docket No. EERE-2016-BT-STD-0004, No. 58 Recommendation #1B at pp. 1-
2).
---------------------------------------------------------------------------

    \13\ BEP is the pump hydraulic power operating point (consisting 
of both flow and head conditions) that results in the maximum 
efficiency.
    \14\ On February 3, 2016, DOE published its intention to 
establish a working group under the Appliance Standards and 
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate a 
test procedure and energy conservation standards for circulator 
pumps. 81 FR 5658. Throughout this document, this working group is 
referred to as the ``Circulator Pump Working Group''.
---------------------------------------------------------------------------

    In the April 2022 NOPR, consistent with the Circulator Pump Working 
Group recommendation, DOE proposed to include SVIL pumps in the pump 
test procedure scope as an extension of IL pumps. 87 FR 21268, 21275-
21276. DOE tentatively determined that SVIL pumps can be tested using 
the current DOE pumps test procedure with certain additional 
modifications. The metric and test procedure for SVIL pumps are 
discussed in sections III.D and III.G of this notice. Moreover, DOE 
stated in the April 2022 NOPR that it expects that including SVIL pumps 
in the pumps test procedure would reduce confusion over which inline 
pumps are and are not subject to energy conservation standards. Id. DOE 
requested comment on its proposal to expand the scope of the test 
procedure to cover SVIL pumps.
    HI, NEEA, the CA IOUs, and the Efficiency Advocates agreed with 
including SVIL pumps in the scope of the test procedure, and Grundfos 
agreed that SVILs should be an extension of IL pumps. (HI, No. 33 at p. 
2; NEEA, No. 34 at p. 4; CA IOUs, No. 32 at p. 2; Efficiency Advocates, 
No. 30 at pp. 2-3; Grundfos, No. 31 at p. 1) Grundfos also commented 
that it sells a small number of SVIL pumps without a motor, but it does 
not believe that SVILs sold without motors should be excluded from the 
regulation. (Grundfos, No. 31 at p. 4)
    Due to the overlap between SVILs and circulators, NEEA and the CA 
IOUs expressed support for the development of standards to ensure that 
efficiencies of both are comparable. (NEEA, No. 34 at p. 4; CA IOUs, 
No. 32 at p. 2) NEEA stated their finding that 12 percent of IL pumps 
(excluding circulator pumps) are less than 1 hp, and that SVILs are 
therefore an important and overlapping segment of the market. (NEEA, 
No. 34 at p. 4) NEEA stated that it believes broadening the scope to 
include SVILs will help to avoid market confusion or gaps in coverage. 
Id.
    For the reasons discussed in the preceding paragraphs and in the 
April 2022 NOPR, DOE is finalizing its proposal to include SVILs in the 
scope of the test procedure. DOE finalizes a definition for SVIL pumps 
in section III.B.4 of this document. In response to Grundfos' comment, 
DOE's finalized test procedure, as discussed in section III.G, incudes 
methods to test SVILs both with and without motors. DOE will address 
the development of standards separately in the ongoing pumps energy 
conservation standards rulemaking.
3. Other Clean Water Pump Categories
    In the April 2022 NOPR, DOE proposed to expand the current test 
procedure's scope to include additional clean water pumps. 87 FR 21268, 
21276-21279. The following sections discuss DOE's consideration of 
additional pump categories in the scope of the test procedure.
a. Between-Bearing Pumps
    Section 1.2.9.2 of ANSI-HI 14.1-14.2-2019 describes between-bearing 
pumps as pumps that are one- or two-stage, axially-split, mounted to a 
baseplate, driven by a motor via a flexible coupling, and with bearings 
on both ends of the rotating assembly.
    Based on a review of the market, BB pumps are generally larger than 
the pumps currently subject to the DOE test procedure. Many BB pumps 
exceed the head and horsepower limits in the current DOE test 
procedure. Additionally, BB pumps are not typically designed for clean 
water applications. Despite these generalities, DOE has identified 
certain clean water BB pumps under 200 hp and 459 feet of head that 
could be viewed as potentially interchangeable with pumps that are 
currently included in the scope of the current DOE test procedure.
    To address the potential for pumps that provide unregulated 
alternatives to the pumps currently subject to the DOE test procedure, 
DOE proposed to include BB pumps within the scope of the DOE test 
procedure in the April 2022 NOPR. 87 FR 21268, 21277. However, DOE did 
not propose to expand scope beyond clean water pumps, and did not 
propose to expand the head or horsepower limitations currently listed 
in 10 CFR 431.464(1)(ii). Id. DOE noted that while many BB pumps exceed 
the test procedure's head or horsepower limitations, an expansion of 
the current head and horsepower restrictions has the potential to 
increase test burden by requiring larger laboratory equipment to test 
pumps according to the DOE test procedure and most of the larger BB 
pumps were not designed for clean water. Id.
    In response to the April 2022 NOPR, the CA IOUs, the Efficiency 
Advocates, and Grundfos supported DOE's proposal to expand the test 
procedure scope to include BB pumps. (CA IOUs, No. 32 at p. 3; 
Efficiency Advocates, No. 30 at pp. 2-3; Grundfos, No. 31 at p. 1) The 
CA IOUs commented that BB pumps are high-cost, low-sale pumps and that 
they anticipate BB pumps will be larger, with motor horsepower of 100 
or over. (CA IOUs, No. 32 at p. 3) The CA IOUs also cited industry 
literature indicating that efficiency can be improved by balancing the 
impeller forces in BB pumps. Id.
    HI disagreed that BB1 \15\ pumps are commercially acceptable 
replacements for currently regulated pumps due to design and cost 
considerations. (HI, No. 33 at p. 2) HI stated that the price for a BB1 
pump compared to a currently regulated pump would be two times or more. 
Id. Despite supporting DOE's proposal to include BB pumps in the test 
procedure scope, Grundfos stated that it expects testing these pumps 
will increase test burden because of their large size, larger motor 
sizes required for test, and the potential for additional test 
fixtures. (Grundfos, No. 31 at p. 1)
---------------------------------------------------------------------------

    \15\ BB1 pumps are a pump class defined by HI 14.1-14.2-2019 
that are 1 and 2 stage, axially-split pumps with the impeller(s) 
mounted between bearings at either end. BB1 pumps are a specific 
sub-category of BB pumps.
---------------------------------------------------------------------------

    Based on stake holder comments, feedback from manufacturer 
interviews, and additional reviews of product literature, DOE has 
determined that BB pumps do not serve as replacements for pumps 
currently covered by the DOE test procedure. For a given load point, a 
BB pump will be larger, heavier, and more expensive than an equivalent 
end suction pump. Therefore, it is making it very unlikely that 
customers would choose to replace a regulated end suction pump with an 
unregulated BB pump. Additionally, DOE has determined that 
manufacturers of BB pumps would likely need to build new test stands to 
test their BB products using the DOE test procedure. DOE notes that 
because most BB pumps are outside of the DOE test procedure scope, due 
to their flow and head exceeding the maximum flow and head set by DOE. 
Therefore, if DOE were to include BB pumps in this test procedure, BB 
pump manufacturers would need to make substantial capital investments 
to test and certify a very small number of

[[Page 17941]]

pumps. This would result in a test cost per basic model that is as much 
as 100 times higher than DOE's estimate presented in the April 2022 
NOPR. 87 FR 21268, 21309. Test costs are discussed in more detail in 
section III.K.1. Since customers are not expected to use BB pumps as 
replacements for end suction pumps and test burden for BB pump 
manufacturers would be very high relative to the number of pumps 
tested, DOE has determined that the potential benefits of including BB 
pumps within the scope of this test procedure are outweighed by the 
burdens associated with testing and certifying such products. As such, 
in this final rule DOE is not including BB pumps within the scope of 
this test procedure.
b. Vertical Turbine Pumps
    As discussed in the April 2022 NOPR, DOE tentatively determined 
that ST pumps and VT pumps have similar end uses. 87 FR 21268, 21277. 
Additionally, DOE tentatively determined that ST and VT pumps have 
similar bowl and impeller assemblies, and that VT pumps may even share 
an identical assembly with an ST pump produced by the same 
manufacturer. Id. To address the potential for pumps that provide 
unregulated alternatives to the pumps currently subject to the DOE test 
procedure, DOE proposed in the April 2022 NOPR to include VT pumps, 
with no limit on bowl diameter for inclusion in the DOE test procedure. 
Id.
    In response to DOE's proposal in the April 2022 NOPR, the 
Efficiency Advocates expressed support for DOE's scope expansion to 
cover VT pumps. (Efficiency Advocates, No. 30 at pp. 2-3) The CA IOUs 
commended DOE for including VT pumps and asserted that regulating 
equipment used for accessing groundwater in irrigation applications is 
important because at least 30 percent of the wells in Texas and 
California use VT pumps. (CA IOUs, No. 32 at p. 2)
    HI stated that expanding the test procedure scope to include VT 
pumps would add a substantial burden for manufacturers who will have to 
test low-speed and large-diameter pumps. (HI, No. 33 at p. 3) HI 
continued by stating that these large-diameter VT pumps may be 
assembled and tested on site, and that manufacturers may or may not 
have the capacity to test VT pumps in their test facilities. Id.
    DOE is finalizing its proposal to include VT pumps in the pumps 
test procedure scope. However, DOE is not adopting its proposal to 
include these pumps without a limit on bowl diameter, and is instead 
limiting the scope of VT pumps to bowl diameters less than or equal to 
six inches, consistent with the existing test procedure and energy 
conservation standards size limitation for ST pumps. HI indicated that 
expanding bowl diameter to greater than 6 inches for VT and ST pumps 
may have a significant impact on manufacturer test burden. DOE expects 
test time and cost for VT pumps with bowl diameters less than or equal 
to 6 inches is equivalent to that for ST pumps with bowl diameters less 
than or equal to 6 inches because of the similar physical 
characteristics and hydraulic properties for these pump classes. DOE's 
determination to exclude VT and ST pumps with bowl diameters greater 
than 6 inches is discussed in more detail in section III.A.4.a. of this 
document.
    Based on its review of pump literature and pump schematics, DOE has 
determined that the current DOE test procedure based on HI 40.6-2021 is 
applicable to VT pumps and that therefore VT pumps can be easily added 
to the scope of the DOE test procedure. In addition, including 
provisions for VT pumps in the DOE test procedure will give consumers 
the ability to easily compare the efficiency of different VT and ST 
pump models serving similar applications. Lastly, creating a uniform 
test procedure and rating method for VT pumps will enable DOE to 
consider establishing energy conservation standards for these pumps. 
The definition for VT pumps is discussed in section III.B.6 of this 
document. DOE addresses the question of test burden in section 
III.K.1.a. of this document.
c. Radially-Split Multi-Stage Horizontal Pumps
    The current DOE test procedure includes RSV pumps, but does not 
include RSH pumps, which are also multistage pumps used primarily in 
heating, cooling, and pressure boosting applications.
    DOE has surveyed pump and end-product materials and literature 
available online and has concluded that RSV and RSH pumps are marketed 
for similar applications, and that RSH pumps could be substituted for 
RSV pumps and may provide a regulatory loophole to RSV pumps. 
Additionally, DOE determined that RSH pumps can be tested using the 
current DOE test procedure. In the April 2022 NOPR, DOE proposed to 
include RSH pumps with both in-line (``RSHIL'') and end-suction 
(``RSHES'') flow configurations in its test procedure scope. 87 FR 
21268, 21278.
    In response to the proposal to include RSH pumps in the test 
procedure scope, Grundfos stated that it agrees with adding RSHES pumps 
to the scope but requested additional information regarding which 
products meet the definitions and whether they should be considered 
under a single pump category. (Grundfos, No. 31 at p. 2) The Efficiency 
Advocates supported DOE expanding its test procedure scope to include 
RSHIL and RSHES configurations. (Efficiency Advocates, No. 30 at pp. 2-
3) HI commented that the addition of RSH pumps will add manufacturer 
test burden. (HI, No. 33 at p. 3)
    DOE has determined that the current DOE test procedure based on HI 
40.6-2021 is applicable to RSH pumps, and that therefore RSH pumps can 
be easily added to the scope of the DOE test procedure. In addition, 
including provisions for RSH pumps in the DOE test procedure will give 
consumers the ability to easily compare the efficiency of different RSH 
and RSV pump models. Lastly, creating a uniform test procedure and 
rating method for RSH pumps will enable DOE to consider establishing 
energy conservation standards for these pumps. DOE is finalizing its 
proposal to include RSH pumps, specifically RSHIL and RSHES pumps, in 
the scope of the DOE test procedure. Definitions for RSH, RSHES, and 
RSHIL are discussed in section III.B.7 of this document. DOE addresses 
the question of test burden in section III.K.1.a. of this document.
d. End-Suction Pumps Similar to ESFM and ESCC Pumps
    DOE defines a ``close-coupled pump'' as a pump having a motor shaft 
that also serves as the impeller shaft, and defines a ``mechanically-
coupled pump'' as a pump that has its own impeller shaft and bearings 
separate from the motor shaft. 10 CFR 431.462. As discussed in the 
April 2021 RFI, DOE is aware that certain pumps may have their own 
shaft, but with no bearings to support that shaft. 86 FR 20075, 20078. 
Additionally, while the close-coupled pump definition describes a pump 
in which the motor shaft also serves as the pump shaft, the definition 
does not provide detail on how the motor and pump shaft may be 
connected. DOE has observed that some manufacturers describe close-
coupled pumps as using an adapter to mount the impeller directly to the 
motor shaft. The coupling type is the only differentiator between ESCC 
pumps, which are ``close-coupled pumps,'' and ESFM pumps, which are 
``mechanically-coupled pumps.'' In the January 2016 Final Rule, DOE 
noted that it intended for ESFM and ESCC pumps to be mutually exclusive 
to ensure that pumps that are close-coupled to the motor and have a 
single impeller and

[[Page 17942]]

motor shaft would be part of the ESCC equipment category, while all 
other end-suction pumps that are mechanically-coupled to the motor and 
for which the bare pump and motor have separate shafts would be part of 
the ESFM equipment category. 81 FR 4086, 4096. Despite this intention, 
DOE is aware that these definitions may have excluded some end-suction 
pumps from the test procedure scope.
    In the April 2022 NOPR, based on comment responses from the April 
2021 RFI and DOE's review of ESCC and ESFM pumps, DOE tentatively 
determined that there is a group of end-suction pumps that do not 
currently fall into either the ESFM or ESCC definition, but which may 
be competitors to the currently regulated pumps. 87 FR 21268, 21278. 
Therefore, in the April 2022 NOPR, DOE proposed to ensure that all 
clean water end-suction pumps are covered by the test procedure by 
revising the definitions of ESFM and ESCC pumps. Id. DOE tentatively 
determined that no test procedure revisions would be needed to 
accommodate these additional end-suction pumps. Id.
    In response to DOE's proposal in the April 2022 NOPR, Grundfos and 
the Efficiency Advocates expressed support for revising the ESFM and 
ESCC definitions to include additional end-suction pumps. (Grundfos, 
No. 31 at p. 2; Efficiency Advocates, No. 30 at pp. 2-3)
    For the reasons discussed in the April 2022 NOPR and in the 
preceding paragraphs, DOE is including all end-suction pumps within the 
coverage of this test procedure by modifying the definitions of ESFM 
and ESCC pumps.
e. Line Shaft and Cantilever Pumps
    ANSI/HI Standard 14.1-14.2-2019, ``American National Standard for 
Rotodynamic Pumps for Nomenclature and Definitions'' (ANSI/HI 14.1-
14.2-2019'') includes design criteria for different pump 
configurations, and section 14.1.3.3.1.3 describes vertically separate 
discharge sump pumps, a category of pump that includes line shaft 
(``VS4'') pumps and cantilever (``VS5'') pumps. Both VS4 and VS5 pumps 
are vertically-suspended pumps with a single casing and with a 
discharge column that is separate from the shaft column. The pump 
equipment categories defined by DOE do not explicitly reference VS4 or 
VS5 pumps, and some pumps may be covered by both the DOE definition of 
an ESFM pump and the HI definition of a VS4 or VS5 pump. 86 FR 20075, 
20079.
    DOE addressed comments on the April 2021 RFI regarding these pumps 
in the April 2022 NOPR. 87 FR 21268, 21278. DOE discussed that some 
line shaft pumps may already be within the test procedure scope but are 
defined as ESFM pumps. Id. Additionally, DOE noted that cantilever 
pumps are primarily designed for non-clean water applications, 
including liquids and slurries containing large solids. Id. DOE did not 
propose to include line shaft or cantilever pumps in the test procedure 
scope in the April 2022 NOPR. 87 FR 21268, 21279.
    In response to the April 2022 NOPR, the Efficiency Advocates 
further encouraged DOE to consider coverage for both cantilever and 
line shaft pumps, stating that some of these pumps have similar designs 
to ESFM and ESCC pumps and some are marketed for pumping clean water. 
(Efficiency Advocates, No. 30 at pp. 3-4)
    DOE notes that most or all clean water line shaft and cantilever 
pumps are already covered by the ES definition. DOE does not believe 
there is a significant amount of clean water cantilever and line shaft 
pumps, as these pumps are primarily designed for non-clean water 
applications including liquids and slurries that contain large solids. 
As discussed, DOE is not expanding the scope to include non-clear water 
pumps.
4. Scope Limitations
    In the April 2022 NOPR, DOE also proposed to remove bowl diameter 
limitations for certain pumps, include an additional nominal speed of 
1200 rpm, and decrease horsepower requirements for IL pumps. 87 FR 
21268, 21279. DOE also proposed to clarify pump design temperature 
range. Id. The following sections summarize each of these topics.
a. Submersible Turbine Pumps With Bowl Diameter Greater Than 6 Inches
    As discussed previously, the scope of the current DOE test 
procedure includes ST pumps with a bowl diameter of 6 inches or 
smaller. 10 CFR 431.464(a)(1)(i)(E) and (a)(1)(ii)(E).
    DOE proposed in the April 2022 NOPR to include VT pumps within the 
scope of the DOE test procedure. 87 FR 21268, 21279. DOE did not 
propose a bowl diameter limitation for VT pumps in the April 2022 NOPR. 
VT pumps are similar in design to ST pumps and commenters had indicated 
that the two pump categories can be used in overlapping applications. 
Id. Therefore, to maintain consistency across VT and ST pump 
categories, DOE also proposed to remove the 6-inch bowl diameter 
limitation for ST pumps. Id.
    In response to the April 2022 NOPR, the CA IOUs and the Efficiency 
Advocates supported including ST pumps with a bowl diameter greater 
than six inches. (CA IOUs, No. 32 at p. 3; Efficiency Advocates, No. 30 
at p. 3) The CA IOUs also provided supplemental data to support the 
inclusion of ST pumps with bowl diameters greater than six inches. (CA 
IOUs, No. 32 at p. 3-5, 7) They found that 21 percent of California 
wells, and 36 percent of Texas wells had an estimated nominal bowl size 
between eight and twelve inches. Id. at 5.
    China recommended that DOE retain the 6-inch maximum bowl diameter 
restriction for ST pumps to avoid the high cost of testing larger ST 
pumps. (China, No. 29 at p. 4)
    Grundfos stated that all of its products with bowl diameters 
greater than 6 inches would be excluded from the regulation due to the 
head limitation (i.e., less than or equal to 459 feet); however, it 
commented that increasing the maximum bowl diameter would have minimal 
impact on energy use and suggested that DOE instead evaluate how ST 
pumps with larger bowl diameters may be evaluated in a future 
rulemaking. (Grundfos, No. 31 at p. 2)
    HI encouraged DOE to define how bowl size would be determined for a 
ST pump when the bowl diameter varies among stages. (HI, No. 33 at p. 
4) HI also stated that since DOE has proposed to expand the size of ST 
pumps and include all sizes of VT pumps, DOE should clarify that its 
scope is limited to a specific speed of 5,000 in U.S. customary units 
for these pumps. (HI, No. 33 at p. 1) Additionally, HI recommended that 
DOE update the text in 431.464 (a)(1)(iii)(E) as follows: For ST, VT, 
ESCC and ESFM pumps, a specific speed less than or equal to 5,000 when 
calculated using U.S. customary units. Id.
    In response to HI's comment on determining bowl size when bowl 
diameter varies between stages, DOE clarifies that where bowl diameter 
varies among stages, the minimum bowl diameter of a ST or VT pump would 
be considered the appropriate measurement.
    Based on additional evaluation and the feedback it received from 
stakeholders, DOE has determined that manufacturers of VT and ST pumps 
with bowl diameters larger then 6 inches would likely need to build new 
test stands to test these products using the DOE test procedure. DOE 
notes that because many VT and ST pumps with bowl diameters larger then 
6 inches are outside of the DOE test procedure scope because their head 
exceeds the

[[Page 17943]]

maximum set by DOE. Therefore, if DOE were to include these pumps in 
its test procedure, pump manufacturers would need to make substantial 
capital investments to test and certify a very small number of in-scope 
pumps. This would result in a test cost per basic model that is as much 
as 100 times higher than the estimates DOE presented in the April 2022 
NOPR. 87 FR 21268, 21309. Test costs are discussed in more details in 
section III.K.1 of this document. Since test burden for VT and ST pump 
manufacturers would be very high relative to the number of pumps 
tested, DOE has determined that the potential benefits of including VT 
and ST pumps with bowl diameters larger than 6 inches within the scope 
of this test procedure are outweighed by the burdens associated with 
testing and certifying such products. Therefore, DOE is maintaining the 
6-inch bowl diameter limitation for ST pumps and specifying a maximum 
bowl diameter of 6 inches for VT pumps in this final rule.
b. Pumps Designed To Be Operated at 1,200 RPM
    As discussed, DOE limits the scope of pumps under the current test 
procedure to those designed to operate with a 2- or 4-pole induction 
motor, or a non-induction motor with an operating range that includes 
speeds of rotation between 2,880 and 4,320 rpm and/or 1,440 and 2,160 
rpm. 10 CFR 431.464(a)(1)(ii)(D). In either case, the driver and 
impeller must rotate at the same speed. 10 CFR 431.464(a)(1)(ii)(D). 
The current DOE test procedure does not include pumps designed to 
operate with 6-pole induction motors, or with non-induction motors that 
have a speed-of-rotation operating range exclusively outside the ranges 
defined.
    Based on a review of pump performance curves available online, DOE 
found that unregulated pumps tested with a nominal speed of 1,200 rpm 
are often part of the same pump families as those pumps that currently 
fall within the scope of the DOE test procedure.\16\ 87 FR 21268, 
21279. To ensure equitable treatment among these pumps, DOE proposed in 
the April 2022 NOPR to extend the scope of this test procedure to cover 
pumps designed to operate with 6-pole induction motors, and pumps 
designed to operate with non-induction motors with an operating range 
that includes speeds of rotation between 960 rpm and 1,440 rpm.\17\ Id. 
DOE proposed test provisions to accommodate these pumps in the April 
2022 NOPR and requested comment on its proposal. Id.
---------------------------------------------------------------------------

    \16\ See <a href="http://www.regulations.gov/document/EERE-2020-BT-TP-0032-0024">www.regulations.gov/document/EERE-2020-BT-TP-0032-0024</a>. 
(Docket No. EERE-2020-BT-TP-0032-0024.)
    \17\ 960 and 1440 rpm are <plus-minus>20 percent of 1,200 rpm. 
The acceptable non-induction motor ranges for 1800 and 3600 rpm 
pumps are also <plus-minus>20 percent of the nominal value.
---------------------------------------------------------------------------

    In response to the April 2022 NOPR, the CA IOUs and the Efficiency 
Advocates supported DOE including 6-pole motors. (CA IOUs, No. 32 at p. 
3; Efficiency Advocates, No. 30 at p. 3) The CA IOUs stated that 6-pole 
clean water pumps often have operating ranges that compete with 4-pole 
pumps. (CA IOUs, No. 32 at p. 3) Grundfos agreed that 6[hyphen]pole 
pumps should be considered but questioned whether doing so would 
achieve the energy savings that DOE anticipates, and observed that 6-
pole pumps have much smaller sales numbers compared to less expensive 
4[hyphen]pole pumps for a similar duty point. (Grundfos, No. 31 at p. 
5).
    After review of stakeholder feedback, and for the reasons discussed 
above, DOE is extending the scope of this test procedure to cover pumps 
designed to operate with 6-pole induction motors. DOE may evaluate 
potential energy savings for these pumps in a future energy 
conservation standard.
    In terms of operating range, Grundfos urged DOE to ensure that the 
operating ranges for 6-pole and 4-pole pumps designed to operate with 
non-induction motors are independent from each other. Grundfos 
additionally recommended setting the maximum operating range for 
6[hyphen]pole pumps designed to operate with non-induction motors at 
1,439 rpm since the lower end of the operating range is 1,440 rpm for 
4[hyphen]pole pumps designed to operate with non-induction motors. 
(Grundfos, No. 31 at p. 2, 5) Similarly, HI recommended that DOE change 
the maximum operating speed for 6-pole pumps designed to operate with 
non-induction motors from 1,440 rpm to 1,439 rpm to provide a clear 
delineation between the operating range for 4-pole pumps designed to 
operate with non-induction motors (i.e., 1,440 rpm to 2,160 rpm). (HI, 
No. 33 at p. 5)
    DOE agrees that the operating ranges for 2-, 4-, and 6-pole pumps 
designed to operate with a non-induction motor should be separate from 
each other and not overlap. In consideration of stakeholder feedback, 
DOE is modifying the maximum operating speed for a 6-pole pump designed 
to operate with a non-induction motor from 960 rpm to 1,400 rpm as 
proposed in the April 2022 NOPR to greater than or equal to 960 rpm and 
less than 1,440 rpm. In summary, in this final rule, DOE is including 
clean water pumps designed to operate with a 6-pole induction motor or 
a non-induction motor with a speed of rotation operating range greater 
than or equal to 960 rpm and less than 1,440 rpm.
    Grundfos also commented that adding the 6[hyphen]pole speed 
highlights a point of unnecessary testing burden around the defined 
``operating ranges'' with respect to variable speed equipment. 
(Grundfos, No. 31 at p. 2) According to Grundfos, a variable speed 
product with a motor designed for 4,000 rpm can technically operate at 
speeds across all three defined ``ranges,'' and current regulations 
require testing at all three nominal speeds. Id. However, Grundfos 
stated that a product with a 4,000 rpm design speed will likely perform 
only in a single operating range defined by DOE. Id. Grundfos asserted 
that consumers are more likely to purchase a less expensive pump with a 
smaller horsepower range than run a 4,000 rpm pump at 1,800 rpm. Id. 
Therefore, Grundfos recommended the DOE consider updating its language 
to state that variable load equipment should be tested at the nominal 
speed nearest the speed identified on the pump nameplate. Id.
    DOE notes that section I.C.1 in appendix A specifies how to 
determine the nominal speed of rotation for testing. For instance, for 
pumps sold with 4-pole induction motors, the nominal speed of rotation 
shall be 1,800 rpm. (See section I.C.1.2) For 4-pole pumps designed for 
use with non-induction motors where the operating range of the pump and 
motor includes speeds of rotation between 1,440 rpm and 2,160 rpm, the 
nominal speed for test would be 1,800 rpm. (See section I.C.1.5) 
Whether the pump is sold with variable speed capability is immaterial, 
as the determination of nominal test speed is based solely on where the 
pump is designed to operate. DOE notes that, to determine the range of 
speeds that a pump is designed to operate within, DOE would refer to 
published data, marketing literature, and other publicly available 
information. This would include the pump nameplate. If the range of 
speeds a pump is designed to operate within crosses two or more 
categories, manufacturers must test and certify at each relevant 
nominal speed.
c. Pump Horsepower and Design Speed
    As previously discussed, the current test procedure includes only 
ESFM, ESCC, IL, RSV, and ST pumps, each of which is limited by its 
respective definition to those with shaft input power greater than or 
equal to 1 hp and less than or equal to 200 hp at BEP and

[[Page 17944]]

full impeller diameter. 10 CFR 431.464(a)(1)(i); 10 CFR 431.462.
    In the April 2022 NOPR, DOE discussed comments that some pumps sold 
with electronically commutated motors (``ECMs'') and intended to run at 
higher speeds, such as 4,320 rpm, must be normalized to rate at 3,600 
rpm. 87 FR 21268, 21279-21280. This adjustment causes the power of the 
motor to fall below 1 hp, meaning the pump is therefore out of scope. 
Id. As stated previously, the pump definitions reference horsepower 
limitations based on shaft input power at BEP and full impeller 
diameter. 10 CFR 431.462. DOE defines ``BEP'' as the pump hydraulic 
power operating point (consisting of both flow and head conditions) 
that results in maximum efficiency, and defines ``full impeller 
diameter'' as the maximum impeller diameter with which a given pump 
basic model is distributed in commerce. 10 CFR 431.462. DOE's test 
procedure for pumps at appendix A also includes test provisions for 
determining both BEP and pump input power (also known as shaft input 
power), as well as provisions for normalizing all measured data to the 
specified nominal speed of rotation. As such, while the definitions 
themselves do not specify that shaft input power is determined at 
nominal speed, DOE understands that the pump definitions could be 
interpreted to exclude pumps with shaft input power greater than or 
equal to 1 HP at BEP at their design speed, but less than 1 HP when 
tested and corrected to nominal speed. In addition, DOE understands 
that the value of maximum efficiency varies little with speed, and is 
often assumed to be constant, and as such the definition of BEP alone 
would not be sufficient to assume that it must be determined at a 
certain speed different from that in the test procedure.
    However, DOE also notes that it is expanding the current test 
procedure scope to include SVIL pumps, which will address this issue. 
Specifically, SVIL pumps are fractional horsepower pumps, so even when 
corrected to nominal speed, the pumps in question would be included in 
scope. DOE understands that use of high frequency (i.e., 4,000 rpm) 
ECMs is likely more prevalent on SVILs than on other pumps in this 
horsepower range, particularly as a result of their applications and 
competition with the circulator market. This means that including SVILs 
in this test procedure includes most, if not all, pumps where motor 
power decreases below 1 hp when rated at BEP. For these reasons, DOE 
did not propose to change the specified horsepower limitations within 
the pump category definitions in the April 2022 NOPR. 87 FR 21268, 
21280.
    DOE requested comment on its tentative determination that including 
SVILs in the test procedure scope will largely eliminate the issue of 
higher speed 1 hp pumps falling out of scope when they rate at a 
nominal speed of 3,600 rpm. 87 FR 21268, 21273. Grundfos and HI both 
agreed with DOE's determination. (Grundfos, No. 31 at p. 3; HI, No. 33 
at p. 3)
    For the reasons discussed in the preceding paragraphs and in the 
April 2022 NOPR, DOE is maintaining the 1 hp limitations in the ESFM, 
ESFC, IL, RSV, and ST pump definitions, and is including the 1 hp 
limitation in its definitions for RSH, and VT pumps.
d. Pumps Over 200 HP
    As previously discussed, the current test procedure includes only 
ESFM, ESCC, IL, RSV, and ST pumps. Each of these classes is limited by 
its respective definition to those pumps with shaft input power greater 
than or equal to 1 hp and less than or equal to 200 hp at BEP and full 
impeller diameter. 10 CFR 431.464(a)(1)(i); 10 CFR 431.462.
    In response to the April 2022 NOPR, the Efficiency Advocates 
encouraged DOE to expand the test procedure scope to include pumps 
greater than 200 hp, and stated that motors between 201 and 500 hp are 
the most consumptive motor size group in industrial electricity 
consumption. (Efficiency Advocates, No. 32 at p. 3) The Efficiency 
Advocates further commented that the current calculation methods and 
DOE's proposal to allow alternative efficiency determination methods 
(AEDMs) in lieu of physical testing would help mitigate test burden 
associated with these larger pumps. Id.
    DOE notes in response that pumps with shaft input powers over 200 
hp generally require larger, more expensive, test stands and testing 
facilities. Additionally, these pumps are often ``engineered-to-
order'', resulting in many different basic models. These two factors 
would lead to significantly higher per- model test costs than for pumps 
with shaft input powers below 200 hp. AEDMs and the calculation methods 
in the DOE test procedure for pumps may alleviate some testing burden, 
but neither completely negate the need for physical testing of bare 
pumps which drives the higher testing burden above 200 hp. At this 
time, DOE has determined that expanding the pumps test procedure to 
include pumps with shaft powers greater than 200 hp would be too 
burdensome to pump manufacturers. DOE may re-evaluate this decision in 
a future rulemaking.
e. Horsepower and Number of Stages for Testing
    In the April 2022 NOPR, DOE discussed how to handle certification 
of equipment when some models are regulated, and others are not. 87 FR 
21268, 21280. DOE provided an example of an RSV basic model sold with a 
1 hp motor tested at 3 stages, which is in scope, and an RSV model that 
is 2-stage with a 0.75 hp motor. Id. Since the latter pump uses a 0.75 
hp motor, it is partially out of scope. Id.
    In the April 2022 NOPR, DOE stated it understands that the same 
model of RSV pump may be sold with two stages, three stages, or some 
other number of stages. 87 FR 21268, 21280. DOE's RSV pump definition 
includes those pumps that have a shaft input power greater than or 
equal to 1 hp and less than or equal to 200 hp at BEP and full impeller 
diameter and at the number of stages required for testing. 10 CFR 
431.462. DOE's testing provisions for RSV pumps in section C.2 of 
appendix A specify that the number of stages required for testing is 
three, or, if the basic model is only available with fewer than three 
stages, the basic model is tested with the maximum number of stages 
with which it is distributed in commerce in the United States. 
Therefore, in the previous example, the RSV pump model sold with 2 or 3 
stages would be included in the scope of the test procedure (and 
standards) if it had a shaft input power greater than or equal to 1 hp 
when tested at 3 stages, and the resulting PEI would apply to all 
stages with which the pump model is sold. 87 FR 21268, 21280. DOE did 
not propose to modify this language in the April 2022 NOPR. Id.
    In response to the April 2022 NOPR, Grundfos stated that it 
disagrees with DOE's interpretation of the regulation. (Grundfos, No. 
31 at p. 11) Grundfos explained that the definition for a basic model 
states that a manufacturer cannot group equipment using DOE-regulated 
motors with equipment using motors under 1 hp, and therefore, the 
manufacturer would have two basic models, one with pumps at 1 to 200 hp 
and a second for pumps under 1 hp. Id. Grundfos added that the second 
basic model would not be in scope since RSV pumps with motors under 1 
hp are not included in the test procedure scope. Id. Additionally, 
Grundfos commented that the same equipment sold as a bare pump would be 
considered a single basic model regardless of the number of stages and 
shaft power. Id.
    DOE notes that the basic model definition in 10 CFR 431.462 states 
that all variations in the number of stages of

[[Page 17945]]

bare RSV and ST pumps must be considered a single basic model. The 
definition also states that for pumps sold with different motors, the 
motors must be in the same motor efficiency band to be considered a 
single basic model, referencing Table 3 in appendix A. However, Table 3 
does not provide motor efficiencies for fractional horsepower motors. 
Additionally, section I.C.2 of appendix A specifies the number of 
stages for testing RSV and ST pumps. DOE acknowledges that this leaves 
multi-stage pumps sold with fractional horsepower motors out of scope 
of this test procedure, whereas equivalent pumps that include the 
specified number of stages for testing are included within scope of 
this test procedure. This distinction applies only for pumps sold with 
motors and does not affect bare pumps, in which DOE's original 
interpretation still stands.
f. Design Temperature Range
    The current scope for the pumps test procedure is limited to pumps 
with a design temperature range between and including 14 to 248 [deg]F. 
This range was derived from the original negotiation term sheet for 
pumps, which recommended limiting the scope to pumps with a design 
range from -10 [deg]C to 120 [deg]C. (Docket No. EERE-2013-BT-NOC-0039-
0092). For the purposes of its regulations, DOE translated this range 
to Fahrenheit. DOE has received inquires as to whether a pump marketed 
for temperatures up to 250 [deg]F is outside of the current test 
procedure's scope. In the April 2022 NOPR, DOE stated it reviewed 
marketing materials for a number of pumps and found that common upper 
limits of temperature are 212, 225, 248, 250, and 300 [deg]F. 87 FR 
21268, 21280. Some marketing materials stated that standard seals may 
have one high temperature limit while optional seals provide a higher 
limit (typically 250 or 300 [deg]F). Id. DOE noted it understood that 
the original intent of the scope limitation was to exclude pumps 
designed exclusively for low or high temperatures from the test 
procedure. Id. However, if a manufacturer is offering a pump model 
across all temperature ranges to minimize SKUs, rather than offering 
separate low temperature and high temperature models, such a pump model 
should be subject to the regulations. Id. DOE explained that only pumps 
designed and marketed for temperatures exclusively outside the range of 
DOE's scope would be excluded from the test procedure and energy 
conservation standards. Id.
    DOE also discussed that rounding to a temperature limit of 250 
[deg]F when translating from [deg]C to [deg]F would be preferable to 
using the exact value of 248 [deg]F since manufacturers commonly use 
rounded temperature values in their marketing materials. Id. Similarly, 
DOE discussed that it would be preferable to round the lower 
temperature limit from 14 [deg]F to 15 [deg]F. Id.
    In the April 2022 NOPR, DOE proposed to clarify its design 
temperature limits to include equipment that is designed for operation 
at temperatures that fall into any part of the range from 15 to 250 
[deg]F. 87 FR 21268, 21280. DOE requested comment on this clarification 
and on DOE's recommendation to shift the design temperature range from 
14 [deg]F to 248 [deg]F to 15 [deg]F to 250 [deg]F. Id.
    In response, Grundfos agreed with DOE's intention to clarify the 
temperature ranges. (Grundfos, No. 31 at p. 3) HI stated that it does 
not expect the temperature adjustment to have a significant impact (HI, 
No. 33 at p. 3)
    For the reasons discussed previously, DOE is finalizing its 
proposed clarifications to the design temperature range which includes 
pumps with a design temperature inclusive of any part of the range from 
15 [deg]F to 250 [deg]F.

B. Definitions

    In the April 2022 NOPR, DOE discussed removing certain references 
to volute in pump definitions and HI pump class references. 87 FR 
21268, 21281. DOE also proposed new definitions for bowl diameter, 
SVILs, BB, VT, RSH, RSHIL, and RSHES pumps. 87 FR 21268, 21281-21283. 
Further, DOE considered updating the definitions for close-coupled and 
mechanically-coupled pumps. 87 FR 21268, 21283-21284.
    DOE received one general comment in response to the definitions 
proposed in the April 2022 NOPR. China suggested that DOE add 
corresponding schematic diagrams to textual definitions. (China, No. 29 
at p. 3)
    DOE understands that diagrams can help provide context and notes 
that its current test procedure references ANSI/HI 1.1-1.2 and ANSI/HI 
2.1/2.2, which includes pump schematics. However, DOE has found that 
schematics may result in greater confusion, since schematics provide a 
specific example design but may not apply to other designs. For 
instance, a diagram may suggest scope restrictions (or expansions) that 
are not consistent with the definition language. Therefore, DOE is not 
including schematics or diagrams in addition to its textual 
definitions.
1. Removing Certain References to Volute
    As discussed in the April 2022 NOPR, pumps generally have one of 
two common discharge types, either a volute or a diffuser. 87 FR 21268, 
21281. A volute is made up of one or two scroll-shaped channels, 
whereas a diffuser has three or more passages that diffuse the liquid 
that is being pumped. Id. The current definitions for end-suction and 
in-line pumps use only the term ``volute'' when, in practice, either 
volutes or diffusers may be used for these pump categories. For 
example, DOE's current definition for end-suction pump specifies that 
the liquid is discharged through a volute in a plane perpendicular to 
the shaft, while the definition for ESCC pump, which is an end-suction 
pump, specifically references OH7 \18\ pumps. 10 CFR 431.462. However, 
Table 14.1.3.7 of HI 14.1-14.2-2019 specifies a diffuser as the 
standard casing for OH7 pumps. Similarly, DOE's current definition for 
IL pump states that the liquid is discharged through a volute in a 
plane perpendicular to the shaft, and specifically references OH4 and 
OH5 pumps as examples of end-suction pumps. Id. In contrast, Table 
14.1.3.7 of HI 14.1-14.2-2019 specifies a diffuser as the standard 
casing for OH4 and OH5 pumps. DOE noted in the April 2022 NOPR that HI 
1.1-1.2-2014 did not make these casing distinctions. 87 FR 21268, 
21281.
---------------------------------------------------------------------------

    \18\ OH5 and OH7 pumps are defined as close-coupled pumps in 
ANSI/HI 14.1-14.2-2019. OH4 pumps are defined as rigidly-coupled/
short-coupled pumps in ANSI/HI 14.1-14.2-2019.
---------------------------------------------------------------------------

    DOE interprets the term ``volute'' in its definitions for ``end-
suction pump'' and ``in-line pump'' to mean the part of the pump casing 
through which liquid is discharged generally, rather than to reference 
a specific type of discharge. To avoid this unintentional inconsistency 
between DOE's terminology and the terminology used by the updated 
industry standard, DOE proposed in the April 2022 NOPR to amend the 
definitions of in-line pump and end-suction pump to remove the 
distinction that liquid is discharged ``through a volute in a plane 
perpendicular to the shaft'' [emphasis added] by specifying instead 
that liquid is discharged ``in a plane perpendicular to the shaft.'' 
Id.
    In response to the April 2022 NOPR, HI, Grundfos, and China stated 
they support the volute clarification. (HI, No. 33 at p. 3; China, No. 
29 at p. 4; Grundfos, No. 31 at p. 3)
    For the reasons discussed, DOE is adopting the amended definitions 
for

[[Page 17946]]

end-suction and in-line pumps as proposed in the April 2022 NOPR.
2. HI Pump Class References
    The current DOE definitions for ESCC pump, ESFM pump, IL pump, RSV 
pump, and ST pump all include references to ANSI/HI 1.1-1.2-2014 or 
ANSI/HI 2.1-2.2-2014 pump configurations as examples of pumps that 
would meet the given definition. In the April 2022 NOPR, DOE proposed 
to remove references to specific pump configurations as defined in 
ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 in the definitions for 
ESCC, ESFM, IL, RSV, and ST pumps since DOE and HI terminology are not 
wholly consistent. 87 FR 21268, 21281.
    In response to the April 2022 NOPR, Grundfos stated it agrees with 
the proposal to remove the reference to ANSI/HI 1.1-1.2-2014 in DOE's 
definitions for ESCC, ESFM, IL, RSV, and ST pumps. (Grundfos, No. 31 at 
p. 3) In its comments, HI recommended replacing references to ANSI/HI 
1.1-1.2 and ANSI/HI 2.1-2.2 with the updated ANSI/HI 14.1-14.2-2019, 
which superseded ANSI/HI 1.1-1.2 and ANSI/HI 2.1-2.2. (HI, No. 33 at p. 
4) HI further explained that these references are used as the industry 
standard and will provide clarity to the market. Id.
    DOE notes that its definitional language must be clear and 
consistent on its own without the support of diagrams or schematics, as 
application of additional diagrams or schematics may confuse the intent 
of a given definition. To establish self-contained definitions, DOE is 
removing the references to ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-
2014 in the ESCC, ESFM, IL, RSV and ST pump definitions, as proposed in 
the April 2022 NOPR. DOE has determined that the definitions without 
references to ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 provide 
sufficient specificity to clearly define the various pump categories.
3. Bowl Diameter
    The current DOE definition for ``bowl diameter'' references the 
definition of ``intermediate bowl'' in ANSI/HI 2.1-2.2-2014. This 
mention is the sole remaining reference to ANSI/HI 2.1-2.2-2014 in the 
test procedure, since DOE is eliminating the HI pump class references 
to ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014. In the April 2022 
NOPR, DOE tentatively determined that a self-contained definition for 
bowl diameter is clearer. 87 FR 21268, 21281. To disassociate the 
definition of ``bowl diameter'' from ANSI/HI 2.1-2.2-2014, DOE proposed 
in the April 2022 NOPR to define ``bowl diameter'' as ``the maximum 
dimension of an imaginary straight line passing through, and in the 
plane of, the circular shape of the intermediate bowl of the bare pump 
that is perpendicular to the pump shaft and that intersects the 
outermost circular shape of the intermediate bowl of the bare pump at 
both of its ends.'' Id. With respect to ``intermediate bowl,'' DOE 
proposed to define this term as ``the enclosure within which the 
impeller rotates and which serves as a guide for the flow from one 
impeller to the next.'' Id.
    In response to the April 2022 NOPR, both HI and Grundfos encouraged 
DOE to also update the definition of ``intermediate bowl'' to be 
``bowl'' as defined in ANSI/HI 14.1-14.2-2019. (HI, No. 33 at p. 4; 
Grundfos, No. 31 at p. 3)
    Considering comments received, DOE is adopting a definition for 
``bowl'' rather than ``intermediate bowl.'' DOE is defining bowl in 10 
CFR 431.462 to mean a casing in which the impeller rotates, and that 
directs flow axially to the next stage or the discharge column. This 
definition is consistent with the definition for ``bowl'' in ANSI/HI 
14.1-14.2-2019. In this final rule, DOE is modifying the definition for 
bowl diameter proposed in the April 2022 NOPR to refer to ``bowl'' 
instead of ``intermediate bowl''.
4. Small Vertical Inline Pumps
    DOE proposed in the April 2022 NOPR to expand the scope of the test 
procedure to include SVIL pumps, which are identical to IL pumps except 
for having a shaft input power less 1 hp. 87 FR 21268, 21282. The 
Circulator Pump Working Group recommended that SVIL pumps be defined as 
a single stage, single-axis flow, dry rotor, rotodynamic pump that: (1) 
has a shaft input power less than 1 hp at the best efficiency point at 
full impeller diameter, (2) is distributed in commerce with a motor 
that does not have to be in a horizontal position to function as 
designed, and (3) discharges the pumped liquid through a volute in a 
plane perpendicular to the shaft. (Docket No. EERE-2016-BT-STD-0004, 
No. 58 Recommendations #3C at p. 3)
    The recommended definition would distinguish SVIL pumps from DOE's 
current IL pump definition \19\ in that SVIL pumps have a reduced shaft 
power input range \20\ and a different maximum pump power output 
limitation.\21\ The change to shaft input power is the primary 
distinction between IL and SVIL pumps. In the April 2022 NOPR, DOE 
tentatively determined this distinction would be necessary to 
adequately separate the two categories. 87 FR 21268, 21282. The pump 
power output is a consequence of the shaft power limitations. Id. DOE 
tentatively determined that SVIL pumps do not require a 5 hp pump power 
output limitation, as their shaft input power is already capped below 1 
hp. Id.
---------------------------------------------------------------------------

    \19\ An ``in-line (IL) pump'' means a pump that is either a 
twin-head pump or a single-stage, single-axis flow, dry rotor, 
rotodynamic pump that has a shaft input power greater than or equal 
to 1 hp and less than or equal to 200 hp at BEP and full impeller 
diameter, in which liquid is discharged through a volute in a plane 
perpendicular to the shaft. Such pumps do not include pumps that are 
mechanically-coupled or close-coupled, have a pump power output that 
is less than or equal to 5 hp at BEP at full impeller diameter, and 
are distributed in commerce with a horizontal motor.
    \20\ IL pumps are constrained to greater than or equal to 1 hp 
and less than or equal to 200 hp, whereas SVIL pumps must be less 
than 1 hp.
    \21\ IL pumps have a limit of 5 hp at BEP, whereas SVIL pumps 
have no hp limitation.
---------------------------------------------------------------------------

    In the April 2022 NOPR, DOE noted that another difference is that 
the IL definition includes a group of three parameters to exclude 
circulator pumps--namely that they are either mechanically-coupled or 
close-coupled, have a pump power output that is less than or equal to 5 
hp at BEP at full impeller diameter, and are distributed in commerce 
with a horizontal motor. 87 FR 21268, 21282. In contrast, the 
recommended SVIL definition is meant to exclude circulator pumps 
through clause (2) (i.e., ``related to distribution in commerce with a 
motor that does not have to be in a horizontal position to function as 
designed''). Id. On September 9, 2022, DOE published a test procedure 
final rule for circulator pumps (``Circulator Pumps TP Final Rule''). 
87 FR 57264. In the Circulator Pumps TP Final Rule, DOE defined a 
circulator pump as consisting of a wet-rotor circulator pump; dry 
rotor, two-piece circulator pump; or dry rotor, three-piece circulator 
pumps 87 FR 57264, 57269. The Circulator Pumps TP Final Rule also 
defined these subcategories of circulator pumps. Id. In the April 2022 
NOPR, DOE proposed that for the SVIL definition, rather than including 
the recommendation in clause (2), to instead exclude circulator pumps. 
87 FR 21268, 21282. For consistency, DOE also proposed to revise the IL 
pump definition to explicitly exclude circulator pumps instead of 
including the clauses meant to implicitly exclude them. Id.
    DOE notes that clause (3) of the SVIL definition recommended in the 
April 2022 NOPR refers to a volute. For the reasons discussed in 
section III.B.1 of

[[Page 17947]]

this document, DOE is excluding this reference from the SVIL 
definition.
    The recommended SVIL pump definition also requires that these pumps 
be distributed into commerce with a motor, meaning SVIL pumps cannot be 
sold as bare pumps. In the April 2022 NOPR, based on a literature 
search, DOE tentatively determined that all SVIL pumps are sold with a 
motor. 87 FR 21268, 21282. However, by proposing to replace clause (2) 
with an exclusion for circulator pumps, this requirement would be 
eliminated. Id.
    In the April 2022 NOPR, DOE discussed that, although not addressed 
in the recommendation from the Circulating Pump Working Group, the 
defined term ``twin-head pump'' (10 CFR 431.462) would be applicable to 
SVIL pumps. 87 FR 21268, 21282. Specifically, in the January 2016 Final 
Rule, DOE adopted a test procedure for ``twin-head pumps'', where a 
twin-head pump is defined as a ``dry rotor, single-axis flow, 
rotodynamic pump that contains two impeller assemblies, which both 
share a common casing, inlet, and discharge, and each of which (1) 
Contains an impeller, impeller shaft (or motor shaft in the case of 
close-coupled pumps), shaft seal or packing, driver (if present), and 
mechanical equipment (if present); (2) Has a shaft input power that is 
greater than or equal to 1 hp and less than or equal to 200 hp at best 
efficiency point (BEP) and full impeller diameter; (3) Has the same 
primary energy source (if sold with a driver) and the same electrical, 
physical, and functional characteristics that affect energy consumption 
or energy efficiency; (4) Is mounted in its own volute; and (5) 
Discharges liquid through its volute and the common discharge in a 
plane perpendicular to the impeller shaft.'' 81 FR 4086, 4115-4117, 
4147.
    In the April 2022 NOPR, DOE proposed to define SVIL pumps based on 
the recommended definition from the Circulator Pump Working Group, with 
modifications to include SVILs that are small vertical twin-head pumps, 
to exclude pumps that are circulator pumps, and to remove the current 
reference to a volute. 87 FR 21268, 21282. Specifically, DOE proposed 
to define a ``small vertical in-line pump'' as a small vertical twin-
head pump or a single stage, single-axis flow, dry rotor, rotodynamic 
pump that (1) has a shaft input power less than 1 hp at the best 
efficiency point at full impeller diameter, (2) in which liquid is 
discharged in a plane perpendicular to the shaft; and (3) is not a 
circulator pump. Id.
    Since SVIL pumps are similar to IL pumps but operate at a lower 
horsepower, and also are available in twin-head configurations, DOE 
also proposed to define ``small vertical twin-head pump'' in the April 
2022 NOPR and to extend the twin-head pump test procedure adopted in 
the January 2016 Final Rule to small vertical twin-head pumps. 87 FR 
21268, 21273.
    DOE requested comment on its proposed revision to the IL definition 
to explicitly exclude circulator pumps. Both Grundfos and HI agreed 
that DOE should revise the IL definition to explicitly exclude 
circulator pumps. (HI, No. 33 at p. 4; Grundfos, No. 31 at p. 4) DOE is 
adopting the definition for IL pumps as proposed in the April 2022 
NOPR.
    DOE also requested comment on the definitions for ``small vertical 
in-line pump'' and ``small vertical twin-head pump.'' DOE also 
requested comment on the percentage of SVIL pumps, if any, that are not 
sold with a motor, and whether the definition of SVIL pumps should be 
limited to those sold with a motor.
    China requested that DOE provide additional clarity on the number 
of motor phases used in SVILs under 0.25 hp. (China, No. 29 at p. 4) 
China also commented that the definition for SVILs contains ``with 
bearings on both ends of the rotating assembly'' while common IL pumps 
on the market do not have bearings at both ends (China, No. 29 at p. 
3).
    HI commented that including SVILs in the pumps test procedure will 
ensure consistency between IL and SVIL pumps and that SVIL pumps should 
not be treated differently from IL pumps. (HI, No. 33 at p. 3, 4).
    Regarding China's comment on motor phases for SVILs under 0.25 hp, 
DOE clarifies that the SVIL definition does not, nor does any aspect of 
the DOE test procedure, limit the number of phases of an SVIL motor 
below 0.25 hp. In response to China's question about bearings in the 
SVIL definition, DOE notes that the SVIL definition does not include 
``with bearings on both ends of the rotating assembly'' and that the 
text China referenced is from the proposed definition of BB pumps in 
the April 2022 NOPR.
    In response to DOE's proposed definition for small vertical twin-
head pumps, Grundfos suggested that DOE revise the term ``twin head 
pump'' to ``in[hyphen]line twin[hyphen]head pump'' to minimize 
confusion with the small vertical twin-head pump definition. (Grundfos, 
No. 31 at p. 3) Additionally, Grundfos stated that ``Twin Head Pump'' 
is not consistent with the use of ``twin[hyphen]head'' within the IL 
definition and needs a hyphen. Id. HI suggested that DOE clarify if 
both the volute discharge and common discharge must meet the ``plane 
perpendicular to the impeller shaft'' requirement in the small vertical 
twin-head pump definition. (HI, No. 33 at p. 4)
    After consideration, DOE has determined that the twin-head and 
small vertical twin-head pump definitions are distinct and specific 
enough to avoid confusion. In response to HI's comment, DOE clarifies 
that only the common discharge of a twin-head and small vertical twin-
head pump have to be in a plane perpendicular to the impeller shaft.
    Regarding the percentage of SVILs that are sold with a motor, HI 
stated that it does not collect data on SVILs sold without motors and 
recommends asking manufacturers for this information during interviews. 
(HI, No. 33 at p. 4) While Grundfos commented that it sells a very 
small number of SVILs without a motor, it stated that SVILs sold 
without a motor should not be excluded. (Grundfos, No. 31 at p. 4)
    In this final rule, DOE is adopting the SVIL definition proposed in 
the April 2022 NOPR, with the following revision: DOE has added a 
hyphen to the small vertical twin-head pump term to be consistent with 
the twin-head pump term.
5. Between-Bearing Pumps
    As discussed in section III.A.3.a of the April 2022 NOPR, DOE 
proposed to add between-bearing pumps to the scope of its test 
procedure and therefore proposed a definition for this pump category. 
87 FR 21268, 21282.
    ANSI/HI 14.1-14.2-2019 defines between-bearing pump as a 
rotodynamic pump with the impeller(s) mounted on a shaft between 
bearings on either end. In addition, all between-bearing pumps 
described in ANSI/HI 14.1-14-2-2019 are mechanically-coupled and dry 
rotor. Based on a literature review, DOE tentatively determined in the 
April 2022 NOPR that the between-bearing pumps that are most similar to 
the pumps currently regulated by DOE have axially-split casings and 1 
or 2 stages. 87 FR 21268, 21282. Accordingly, using ANSI/HI 14.1-14.2-
2019 as the basis for its approach, DOE proposed in the April 2022 NOPR 
to use the defined terms ``dry rotor pump,'' ``rotodynamic pump,'' and 
``mechanically-coupled pump'' to define a between-bearing pump, i.e., 
``an axially-split, mechanically-coupled, one- or two-stage, dry rotor, 
rotodynamic pump with bearings on both ends of the rotating assembly 
that has a shaft input power

[[Page 17948]]

greater than or equal to 1 hp and less than or equal to 200 hp at BEP 
and full impeller diameter and at the number of stages required for 
testing.'' 87 FR 21268, 218221282-21283.
    In response to the April 2022 NOPR, Grundfos agreed with DOE's 
proposed definition for BB pumps and stated that the definition is 
sufficient to identify the intended scope. (Grundfos, No. 31 at p. 4) 
HI recommended amending the definition to be consistent with the 
definition for BB1 in ANSI/HI 14.1-14.2-2019.\22\ (HI, No. 33 at p. 4)
---------------------------------------------------------------------------

    \22\ ANSI/HI 14.1-14.2-2019 defines BB1 Pumps as one and two 
stage axially split casing pumps that are generally characterized by 
the following attributes: (1) pump and drive have separate shafts; 
(2) the pump has two integral bearing housings to absorb all pump 
axial and radial pump hydraulic loads.
---------------------------------------------------------------------------

    As discussed, DOE is not including BB pumps within the scope of 
this test procedure; therefore, DOE is not adopting the proposed 
definition for BB pumps.
    DOE also proposed to define ``axially-split pump,'' a term 
associated with BB pumps, in the April 2022 NOPR. 87 FR 21268, 21283. 
The term ``axially-split'' refers to a pump casing that can be 
separated, for maintenance and assembly, in a plane parallel to the 
impeller shaft. In the April 2022 NOPR, DOE proposed to define an 
``axially-split pump'' as ``a pump with a casing that can be separated 
or split in a plane that is parallel to and which contains the axis of 
the impeller shaft.'' Id.
    In response to the April 2022 NOPR, HI and Grundfos supported DOE's 
proposed definitions for axially-split pumps. (Grundfos, No. 31 at p. 
4; HI, No. 33 at p. 4)
    Again, since DOE is not including BB pumps within the scope of this 
test procedure, DOE is not adopting the proposed definition for 
axially-split pumps.
6. Vertical Turbine Pump
    As discussed in section III.A.3.b, DOE is adding vertical turbine 
pumps to the scope of its test procedure and proposed a definition for 
vertical turbine pumps in the April 2022 NOPR. ANSI/HI 14.2-14.2-2019 
defines vertical turbine pumps as ``single-casing, non-submersible 
pumps with impellers mounted in a vertically suspended shaft, that 
discharge liquid through the column.'' Using this definition as a 
basis, DOE proposed in the April 2022 NOPR to define ``vertical turbine 
pump'' as a vertically-suspended, single-stage or multi-stage, dry 
rotor, rotodynamic pump (1) That has a shaft input power greater than 
or equal to 1 hp and less than or equal to 200 hp at BEP and full 
impeller diameter and at the number of stages required for testing; (2) 
For which no external part of such a pump is designed to be submerged 
in the pumped liquid; (3) That has a single pressure containing 
boundary (i.e., is single casing), which may consist of but is not 
limited to bowls, columns, and discharge heads; and (4) That discharges 
liquid through the same casing in which the impeller shaft is 
contained. 87 FR 21268, 21283.
    In response to the April 2022 NOPR, both HI and Grundfos 
recommended that DOE update the definition for vertical turbine pumps. 
(HI, No. 33 at p. 1, 2 and 4; Grundfos, No. 31 at p. 4) Specifically, 
HI and Grundfos mentioned that clause 2 of DOE's definition, which 
states ``no external part of such a pump is designed to be submerged in 
the pumped liquid,'' would exclude all vertical turbine pumps because 
their typical bowl assembly is submerged. Id. HI also explained that, 
within the pumps industry, vertical turbine pumps are understood to be 
VS1 and V3 types and do not include VS2 \23\ pumps. Id. HI therefore 
recommended that DOE reference ANSI/HI 14.1-14.2-2019. (HI, No. 33 at 
p. 5)
---------------------------------------------------------------------------

    \23\ VS1, VS2, and VS3 pumps are vertically suspended impeller 
type pumps that discharge through a column. VS1 pumps have a 
diffuser, VS2 pumps use a volute, and VS3 pumps have axial flow. 
They are defined further in section 1.3.3.1.2 of ANSI/HI 14.1-14.2-
2019.
---------------------------------------------------------------------------

    Grundfos suggested that DOE exclude VS2 pumps and change the term 
from ``vertical turbine pumps'' to ``vertical turbine, bowl assembly'' 
to avoid confusion (Grundfos, No. 31 at p. 4). Additionally, Grundfos 
commented that DOE should add a definition for ``bowl assembly'' and 
directly reference section 14.1.7.6 of ANSI/HI 14.1-14.2. Id. Finally, 
Grundfos recommended that DOE use the term `bowl assembly' rather than 
`pump', since `pump' implies that losses for column, line shaft 
discharge head, etc. would be included. Id.
    After further evaluation and considering the comments received, DOE 
has concluded that the definition for vertical turbine pumps proposed 
in the April 2022 NOPR would exclude all vertical turbine pumps since 
all or part of the bowl assembly is designed to be submerged in the 
pumped fluid. This was not DOE's intent; therefore, DOE is adopting a 
revised definition for vertical turbine pump that excludes only pumps 
with the driver submerged in the pump liquid. This allows the bowl 
assembly of vertical turbine pumps to be submerged in the pumped 
liquid, but still differentiates vertical turbine pumps from 
submersible turbine pumps. In response to comments from HI and Grundfos 
about referencing ANSI/HI 14.1-14.2-2019, DOE has determined not to 
reference ANSI/HI 14.1-14.2-2019 in the definition for vertical turbine 
pumps. This determination is discussed in detail in section III.C.1. of 
this document. DOE has determined that the adopted definitions in this 
final rule are sufficiently specific and detailed to stand on their own 
without reference to industry definitions.
7. Radially-Split, Multi-Stage Horizontal Pumps
    As discussed in section III.A.3.c, DOE is including RSH pumps with 
both end-suction and in-line flow configurations in the scope of the 
DOE test procedure. RSH pumps are nearly identical to RSV pumps except 
for the mounting orientation and flow configurations. As discussed in 
section III.A.3.c, RSH pumps may have different flow configurations 
that are expected to impact pump efficiency; therefore, in the April 
2022 NOPR, DOE proposed three definitions for RSH pumps based on the 
existing DOE definition for RSV pumps: one for an overarching category 
of RSH pumps, which does not characterize flow; one for in-line RHS 
pumps (``RHSIL''); and one for end-suction RSH pumps (``RSHESS). 10 CFR 
431.462; 87 FR 21268, 21283.
    In response to the April 2022 NOPR, both HI and Grundfos supported 
DOE's proposed definitions for RSH, RSHIL, and RSHES pumps. (Grundfos, 
No. 31 at p. 5; HI, No. 33 at p. 5) However, Grundfos commented that 
the RSH definitions are quite broad and will likely capture multiple 
different pump products under the RSHES definition. (Grundfos, No. 31 
at p. 2) Grundfos requested that DOE clarify which pumps meet this 
definition and whether these pumps should be considered as a single 
pump category. Id.
    DOE has determined that additional pump category definitions within 
the RSH definitions are not necessary for the purposes of testing. DOE 
interprets that the concerns shared by Grundfos are based on 
differences in hydraulic performance between different RSH pumps. DOE 
notes that should it find notable hydraulic performance differences 
between RSH, RSHES, and RSHIL pumps, DOE would consider these 
differences and define separate equipment classes accordingly for any 
future energy conservation standards rulemaking.
    In this final rule, DOE is adopting the definitions for RHS, RHSES, 
and RHSILs as proposed in the April 2022 NOPR.

[[Page 17949]]

8. Close-Coupled and Mechanically-Coupled Pumps
    DOE defines a close-coupled pump as a pump having a motor shaft 
that also acts as the impeller shaft. See 10 CFR 431.462. DOE defines a 
mechanically-coupled pump as a pump that has its own impeller shaft and 
bearings separate from the motor shaft. See 10 CFR 431.462. In the 
April 2022 NOPR, DOE discussed how its definitions for close-coupled 
and mechanically-coupled pumps did not account for end suction pumps 
that do not have bearings separate from the motor and do not have the 
impellers mounted on the motor shaft. 87 FR 21268, 21283. In the April 
2022 NOPR, DOE proposed revisions to the definitions for close-coupled 
and mechanically-coupled pumps to eliminate this gap. Id. DOE proposed 
that (1) A close-coupled pump means a pump in which the driver's 
bearings absorb the pump's axial load; and (2) A mechanically-coupled 
pump means a pump in which bearings external to the driver absorb the 
pump's axial load. Id.
    In response to the April 2022 NOPR, HI recognized DOE's effort to 
clarify the definitions for ESFM and ESCC pumps but provided the 
following recommendations to further improve clarity: (1) A close-
coupled pump means a pump in which radial and axial loads are primarily 
supported by the driver; and (2) A mechanically-coupled pump means a 
pump in which radial and axial loads are primarily supported external 
to the driver. (HI, No. 33 at p. 5)
    Grundfos commented that the proposed revisions to the ESFM and ESCC 
definitions will create additional burden for manufacturers that must 
reclassify products accordingly. (Grundfos, No. 31 at p. 5)
    DOE interprets HI's comment to indicate that the definitions for 
close-coupled and mechanically-coupled proposed in the April 2022 NOPR 
did not leave enough flexibility for pumps where most, but not all, of 
a pump's axial load is supported by either bearings external to the 
driver or by the driver. DOE acknowledges that some flexibility is 
important when defining close-coupled and mechanically-coupled to avoid 
excluding any end suction pumps. However, DOE notes that the 
definitions recommended by HI are vague, specifically the term 
``primarily'' which leaves the suggested definition open to 
interpretation. In an effort to add flexibility to the definitions 
while minimizing the need for interpretation, DOE is adopting the 
following definitions for close-coupled and mechanically-coupled pumps, 
where the italicized portions of each definition are revisions to the 
definitions proposed in the April 2022 NOPR. A close-coupled pump means 
a pump in which the driver's bearings are designed to absorb the pump's 
axial load. A mechanically-coupled pump means a pump in which bearings 
external to the driver are designed to absorb the pump's axial load.
    In response to the comment from Grundfos, DOE notes the change in 
definition is intended to improve clarity rather than substantively 
shift the bounds of the ESCC or ESFM pump categories. DOE has 
determined, based on its review of manufacturer literature and the 
consensus of industry in the form of HI's comments, that the revisions 
to close-coupled and mechanically-coupled pumps do not change the 
classification of currently regulated end suction pumps.

C. Updates to Industry Standards

    The current DOE test procedure for pumps incorporates the following 
industry test standards: HI 40.6-2014, ANSI/HI 1.1-1.2-2014, and ANSI/
HI 2.1-2.2-2014. 10 CFR 431.463. The following sections describe 
updates to these industry standards and discuss the industry standards 
DOE is incorporating by reference in the final rule and the relevant 
provisions of those industry standards that DOE is referencing.
1. ANSI/HI 40.6
    The current DOE test procedure for pumps incorporates HI 40.6-2014 
for use in appendix A. The most recent version of HI 40.6 was published 
in 2021 (``HI 40.6-2021''). HI 40.6-2021 includes the following updates 
to HI 40.6-2014 (relevant sections of HI 40.6-2021 are included in 
parentheses after a summary of the modification):

    (1) Clarified that the industy testing standard covers 
efficiency testing of rotodynamic pumps that are subject to DOE's 
energy conservation standards. (Section 40.6.1 ``Scope'').
    (2) Updated the calculation of bare pump efficiency to match the 
current DOE test procedure requirements for plotting test data to 
determine the best efficiency point (``BEP'') rate of flow. (Section 
40.6.6.3 ``Performance curve'').
    (3) Updated the description and requirements of the pressure tap 
configuration for measurement sections at inlet and outlet of the 
pump. (Section A.3.1.3 ``Pressure taps'').
    (4) Added an informative appendix for determining, applying, and 
calculating measurement instrument uncertainty. (Appendix H 
``Determination, application, and calculation of instrument 
(systematic) uncertainty (informative)'').
    (5) References ANSI/HI 14.1-14.2 ``Rotodynamic Pumps for 
Nomenclature and Definitions'' (``ANSI/HI 14.1-14.2'') which 
supersedes ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014. (Section 
40.6.4.1 ``Vertically suspended pumps''; Section 40.6.4.3 ``All 
other pump types'').
    (6) Includes a new appendix (Appendix E) for the testing of 
circulator pumps. (Appendix E ``Testing Circulator Pumps'').

    In the April 2022 NOPR, DOE tentatively determined that the 
provisions of HI 40.6-2021 that correspond to the provisions in HI 
40.6-2014 are substantively the same and adopting such provisions would 
not change the current test procedure or measured PEI values. 87 FR 
21268, 21285. Therefore, in the April 2022 NOPR DOE proposed to 
incorporate by reference HI 40.6-2021 in place of HI 40.6-2014, in 
order to reference the most current industry test procedure. Id.
    DOE received no comments on its proposal to incorporate HI 40.6-
2021 by reference for use in appendix A of the DOE test procedure. 
Therefore, in this final rule DOE is incorporating HI 40.6-2021 by 
reference as proposed in the April 2022 NOPR.
    While DOE proposed to incorporate by reference HI 40.6-2021 as the 
basis for its proposed test procedure, DOE tentatively determined in 
the April 2022 NOPR that certain sections of the industry test standard 
are not applicable to the DOE test procedure. 87 FR 21268, 21285. 
Specifically:

    (1) Section 40.6.1, Scope, provides the scope specific to the 
test methods outlined in HI 40.6-2021;
    (2) Section 40.6.5.3 provides provisions regarding the 
generation of a test report;
    (3) Appendix ``B'' provides informative guidance on test report 
formatting;
    (4) Appendix ``E'' provides normative test procedures for 
circulator pumps; and
    (5) Appendix ``G'' compares HI 40.6-2021 and DOE's nomenclature. 
Id.

    None of these sections are required for testing and rating pumps in 
accordance with the test procedure that DOE proposed in the April 2022 
NOPR. As such, in the April 2022 NOPR, DOE proposed to not adopt 
Section 40.6.1, Section 40.6.5.3, appendix B, appendix E, and appendix 
G in the April 2022 NOPR. Id.
    DOE received no comments on the proposal to exclude the specified 
sections of HI 40.6-2021 from the DOE test procedure. Therefore, in 
this final rule, DOE is adopting the exclusions as proposed in the 
April 2022 NOPR.
    Additionally, as discussed in the April 2022 NOPR, certain 
provisions of HI 40.6-2021 are consistent with the provisions of the 
current DOE test procedure in appendix A. 87 FR 21268, 21285. DOE 
proposed to remove these provisions in appendix A and instead reference 
the appropriate sections of HI 40.6-2021, specifically:


[[Page 17950]]


    (1) Section I.D.1 of appendix A, which addresses damping 
devices, is amended to reference the corresponding provisions in HI 
40.6.3.2.2;
    (2) Section I.D.2 of appendix A, which addresses stabilization, 
is amended to reference the corresponding provisions in HI 
40.6.5.5.1;
    (3) Section I.D.3 of appendix A, which addresses calculations 
and rounding, is amended to reference the corresponding provisions 
in HI 40.6.6.1.1;
    (4) Sections III.D.1, IV.D.1, V.D.1, VI.D.1, and VII.D.1 of 
appendix A, which outline testing the BEP of different pump 
configurations, are amended to reference the corresponding 
provisions in HI 40.6.5.5.1. Id.

    DOE received no comments on its proposal to remove provisions of 
appendix A and instead reference the equivalent provisions in HI 40.6-
2021 and is therefore adopting the revisions as proposed in the April 
2022 NOPR.
2. ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014
    Subpart Y to part 431 currently incorporates by reference ANSI/HI 
1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014. DOE references ANSI/HI 1.1-1.2-
2014 and ANSI/HI 2.1-2.2-2014 for defining certain terms in 10 CFR 
431.462. In 2019, ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 were 
updated and combined into ANSI/HI 14.1-14.2-2019, ``American National 
Standard for Rotodynamic Pumps for Nomenclature and Definitions'' 
(``ANSI/HI 14.1-14.2-2019''). The notable additions to ANSI/HI 14.1-
14.2 that were absent in ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 
are outlined below:

    (1) ANSI/HI 14.1-14.2-2019 includes additional figures and 
tables to represent information included in ANSI/HI 1.1-1.2-2014 and 
ANSI/HI 2.1-2.2-2014;
    (2) ANSI/HI 14.1-14.2-2019 adds new pump definitions and pump 
classifications;
    (3) ANSI/HI 14.1-14.2-2019 includes configuration definitions 
for vertical in-line, vertical end-suction, vertical self-priming, 
seal-less, magnetic drive, canned motor, and multi-stage pumps;
    (4) ANSI/HI 14.1-14.2-2019 adds new definitions for discharge 
casing, volute, concentric casing, modified concentric casing, vaned 
diffuser/collector, bowl, and stage casing; and \24\
---------------------------------------------------------------------------

    \24\ A volute may also be referred to as a ``housing'' or 
``casing.''
---------------------------------------------------------------------------

    (5) ANSI/HI 14.1-14.2-2019 includes a new ``preferred operating 
region'' section to define a guideline for recommended operating 
flow rates.

    As stated previously, the current DOE test procedure incorporates 
pump designations from ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 as 
examples for the definitions of ESCC, ESFM, IL, RSV, and ST pumps under 
the DOE test procedure. 10 CFR 431.462. DOE notes that, in general, the 
references to ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 are in the 
context of providing non-limiting examples. DOE is concerned that 
continued inclusion of HI pump designations as examples of specific 
pump categories may cause confusion in the market or be misunderstood 
to limit the scope of the relevant definitions. To minimize potential 
misapplication of its definitions, DOE is removing the references to 
ANSI/HI 1.1-1.2-2014 and ANSI/HI 2.1-2.2-2014 as examples of certain 
pump category definitions, as proposed in the April 2022 NOPR. 87 FR 
21268, 21286. Additional detail on the adopted changes to the 
definitions is discussed in section III.B.2 of this document.
    Additionally, DOE's current test procedure definition of ``bowl 
diameter'' relies on the ``intermediate bowl'' definition in ANSI/HI 
2.1-2.2-2014. As proposed in the April 2022 NOPR, DOE is modifying its 
definition for ``bowl diameter'' and adding a DOE definition for 
``bowl'' to remove the current reference to ANSI/HI 2.1-2.2-2014. Id. 
These changes will create a more self-contained definition and are 
discussed in section III.B.3 of this document.
    DOE is incorporating ANSI/HI 14.1-14.2-2019 by reference for use in 
appendix A since it is referenced in HI 40.6-2019. However, DOE does 
not directly reference ANSI/HI 14.1-14.2-2019 in appendix A.

D. Metric

    The current energy efficiency standards for pumps are based on the 
PEI metric. 10 CFR 431.465. The PEI metric is a ratio of the pump 
energy rating (``PER'') of the tested pump to the PER of a minimally 
compliant pump (``PER<INF>STD</INF>''). See section II of appendix A. 
The current test procedure defines the PEI<INF>CL</INF> metric as the 
pump energy index for a constant load, as applicable to pumps rated as 
bare pumps or sold with motors; and the PEI<INF>VL</INF> metric, the 
pump energy index for a variable load, as applicable to pumps sold with 
motors and continuous controls or noncontinuous controls. Appendix A, 
section II.A. A ``continuous control'' is a control that adjusts the 
speed of the pump driver continuously over the driver's operating speed 
range in response to incremental changes in the required pump flow, 
head, or power output. 10 CFR 431.462. A ``non-continuous control'' is 
a control that adjusts the speed of a driver to one of a discrete 
number of non-continuous pre-set operating speeds and does not respond 
to incremental reductions in the required pump flow, head, or power 
output. Id.
    PER<INF>CL</INF> is calculated as the average of driver power input 
at 75 percent, 100 percent, and 110 percent of flow at the BEP, where 
the flows are achieved by varying the operating head to follow the pump 
performance curve. See appendix A, section II.A.1 and subsequently 
referenced sections. PER<INF>VL</INF> is calculated as the average of 
driver power input at 25 percent, 50 percent, 75 percent, and 100 
percent of flow at BEP, where the flows are achieved by speed reduction 
to follow a specified system curve. See appendix A, section II.A.2 and 
subsequently referenced sections. BEP is defined as the pump hydraulic 
power operating point (consisting of both flow and head conditions) 
that results in the maximum efficiency. 10 CFR 431.462.
    This section discusses the regulatory metric for SVIL pumps and 
additional clean water pumps that DOE is incorporating into its test 
procedure.
    In the April 2022 NOPR, based on manufacturer feedback to this 
rulemaking and the current circulator pumps rulemaking,\25\ DOE 
tentatively determined that use of PER<INF>CL</INF> and 
PER<INF>VL</INF> and indexing the results against PER<INF>STD</INF> 
would be a reasonable and consistent way to evaluate SVIL performance. 
87 FR 21268, 21286. This determination was based largely on the 
similarity of SVILs to in-line pumps, which are evaluated using the 
PER<INF>CL</INF> and PER<INF>VL</INF> metrics. Id. As such, DOE 
proposed in the April 2022 NOPR that the rating metric for SVIL pumps 
would be PEI<INF>CL</INF> for constant load pumps and PEI<INF>VL</INF> 
for variable load pumps, equivalent to the metric already in use for 
currently covered commercial and industrial pumps. Id.
---------------------------------------------------------------------------

    \25\ A link to the circulator pumps 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>.
---------------------------------------------------------------------------

    In the April 2022 NOPR DOE tentatively determined that, for BB, VT, 
and RSH pumps, the test procedure will measure energy efficiency during 
a representative average use cycle and not be unduly burdensome to 
conduct. 87 FR 21268, 21286. This determination was based on the 
similarities between the pump categories that are addressed in the 
current test procedure and those that DOE proposed to include in the 
scope of the test procedure. Id. DOE tentatively determined that 
PEI<INF>CL</INF> and PEI<INF>VL</INF> are appropriate metrics for BB, 
VT, and RSH pumps. Id. Using PEI<INF>CL</INF> and PEI<INF>VL</INF> for 
these additional pump categories ensures a consistent rating approach 
in the market. Id. In the April 2022 NOPR, DOE proposed that the 
PEI<INF>CL</INF> and PEI<INF>VL</INF> metric would be used

[[Page 17951]]

for rating the performance of BB, VT, and RSH pumps. Id.
    For the reasons discussed in the preceding paragraphs, for SVIL, 
VT, and RSH pumps, DOE is adopting PEI<INF>CL</INF> for constant load 
pumps and PEI<INF>VL</INF> for variable load pumps, equivalent to the 
metric already in use for currently covered commercial and industrial 
pumps.
    In response to the April 2022 NOPR, China suggested that DOE revise 
PER<INF>std</INF> on the basis of a scientific assessment of the new 
pumps being added to the test procedure scope. (China, No. 29 at p. 3) 
DOE notes that this test procedure final rule does contain amendments 
that may adjust PER<INF>std</INF> for both current and expanded scope 
pumps. However, the overall methodology of determining 
PER<INF>std</INF> does not differ by pump category; PER<INF>std</INF> 
is specific to the flow and specific speed of a given pump model and 
includes a C-value that sets the energy conservation standard and is 
specific to a given pump category. Adopting a C-value for the expanded 
scope pumps would be considered in an energy conservation standard 
rulemaking rather than in this test procedure rulemaking.

E. Amendments to Test Method

    DOE is incorporating HI 40.6-2021 into appendix A of subpart Y of 
10 CFR part 431. HI 40.6-2021 specifies calculating pump power 
input,\26\ driver power input (for testing-based methods),\27\ pump 
power output,\28\ pump efficiency,\29\ bowl efficiency,\30\ overall 
efficiency,\31\ and other relevant values at the specified load points 
necessary to determine PEI<INF>CL</INF> and PEI<INF>VL</INF>. HI 40.6-
2021 also contains provisions for test methodology, standard rating 
conditions, equipment specifications, uncertainty calculations, and 
tolerances.
---------------------------------------------------------------------------

    \26\ The term ``pump power input'' in HI 40.6-2021 is defined as 
``the power transmitted to the pump by its driver'' and is 
synonymous with the term ``pump shaft input power,'' as used in this 
document.
    \27\ The term ``driver power input'' in HI 40.6-2014 is defined 
as ``the power absorbed by the pump driver'' and is synonymous with 
the term ``pump input power to the driver,'' as used in this 
document.
    \28\ The term ``pump power output'' in HI-40.6-2021 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 ``pump hydraulic power'' in this document.
    \29\ The term ``pump efficiency'' is defined in HI 40.6-2014 as 
a ratio of pump power output to pump power input.
    \30\ The term ``bowl efficiency'' is defined in HI 40.6-2014 as 
a ratio of pump power output to bowl assembly power input and is 
applicable only to VTS and RSV pumps.
    \31\ The term ``overall efficiency'' is defined in HI 40.6-2014 
as a ratio of pump power output to driver power input and describes 
the combined efficiency of a pump and driver.
---------------------------------------------------------------------------

    Sections II through VII of appendix A specify methods for 
determining PEI<INF>CL</INF> and PEI<INF>VL</INF> for pumps based on 
whether they are distributed into commerce with a motor and/or with 
controls. These sections are summarized as follows:
    <bullet> Section II: Calculation of PEICL or PEIVL for all pumps 
based on the pump energy rating for a minimally compliant reference 
pump (PERCL or PERVL, respectively);
    <bullet> Section III: Test procedure for bare pumps;
    <bullet> Section IV: Testing-based approach for pumps sold with 
motors;
    <bullet> Section V: Calculation-based approach for pumps sold with 
motors;
    <bullet> Section VI: Testing-based approach for pumps sold with 
motors and controls; and
    <bullet> Section VII: Calculation-based approach for pumps sold 
with motors and controls.
    See appendix A, sections I.A.2 through I.A.6.
    The following sections summarize the amendments to the current test 
procedure that DOE proposed in the April 2022 NOPR, address stakeholder 
comments on these proposals, and finalize provisions for the amended 
test procedure.
1. Nominal Speed
    The scope of the current test procedure is limited to pumps 
designed to operate with either a 2- or 4-pole induction motor or a 
non-induction motor with a speed of rotation operating range between 
2,880 and 4,320 rpm and/or 1,440 and 2,160 rpm. 10 CFR 
431.464(a)(1)(ii)(D). Section I.C.1 of appendix A specifies the 
selection of nominal speed of rotation of either 1,800 or 3,600 rpm 
depending on the number of poles of the motor or the operating range of 
non-induction motors.
    As discussed in section III.A.4.b, DOE is including pumps that 
operate at greater than or equal to 960 rpm and less than 1,440 rpm or 
are designed to operate with 6-pole motors in the test procedure. In 
the April 2022 NOPR, DOE proposed that these pumps would be tested with 
a nominal speed of 1,200 rpm. 87 FR 21268, 21287. DOE also proposed to 
update the calculation and rounding sections of the test procedure to 
address this additional nominal speed. Id.
    China commented that the DOE test procedure for 1,200 rpm pumps may 
result in cavitation and suggested that DOE instead provide a speed 
reduction test using pump affinity rules. (China, No. 29 at p. 3)
    DOE notes that the test procedure for 1,200 rpm pumps would use a 
nominal test speed of 1,200 rpm. DOE has determined that this would be 
most representative of field operation for these pumps. If cavitation 
occurs at 1,200 rpm for a given pump under test, DOE considers that 
this is representative of field performance and is therefore a valid 
test. No other stakeholders identified cavitation as an issue for 1,200 
rpm pumps.
    HI stated it expects testing 6-pole pumps will significantly 
increase test burden and test cost; however, HI expects minimal energy 
savings relative to manufacturer impact since the volume of equipment 
impacted is small. (HI, No. 33 at p.3). Specifically, HI stated that 
most of these pumps are already regulated as 4-pole products. Id.
    In response to HI's comments, DOE notes that increased burden 
associated with test procedure modifications is estimated and discussed 
in section III.L of this document. DOE will evaluate energy savings 
during its energy conservation standards rulemaking.
    In this final rule, DOE is adopting the amendments to the test 
procedure as proposed in the April 2022 NOPR.
2. Testing of Multi-Stage Pumps
    The current DOE test procedure specifies that RSV pumps shall be 
tested with three stages and that ST pumps shall be tested with nine 
stages. If the unit under test is only available with fewer than the 
required number of stages, the pump is tested with the maximum number 
of stages with which the unit is distributed in commerce in the United 
States. If the unit under test is only available with greater than the 
number of required stages, the pump is tested with the lowest number of 
stages with which the unit is distributed in commerce in the United 
States. If the unit under test is available with both fewer and greater 
than the required number of stages, but not the required number of 
stages, the pump is tested with the number of stages closest to the 
required number of stages. If both the next lower and next higher 
number of stages are equivalently close to the required number of 
stages, the pump is tested with the next higher number of stages. See 
appendix A, section I.C.2.
    RSH and VT pumps also may be sold with a varying number of stages, 
in which the same pump may have options for multiple different stages 
for multiple applications. To reduce testing burden and mirror the 
practice established for RSV pumps, DOE proposed in the April 2022 NOPR 
that RSH pumps be tested with three stages. 87 FR 21268, 21287. To 
reduce testing burden and mirror the

[[Page 17952]]

practice established for ST pumps, DOE proposed testing VT pumps with 
nine stages. Id. If the pump under test is not distributed in commerce 
with the number of stages prescribed for testing, DOE proposed that the 
existing instructions for selecting the correct number of stages during 
testing would be followed. Id.
    As defined in section III.B.5, BB pumps can have either one or two 
stages. For BB basic models that are distributed into commerce with 
both one and two stages, DOE proposed in the April 2022 NOPR to test BB 
pumps at two stages. 87 FR 21268, 21287. DOE discussed that this 
approach is consistent with the provisions in the current test 
procedure that require multi-stage pumps be tested with more than one 
stage. Id.
    In response to the April 2022 NOPR, HI and Grundfos supported the 
proposed number of stages for testing RSH, VT, and BB pumps. (HI, No. 
33 at p. 5; Grundfos, No. 31 at p. 5) HI additionally commented that a 
one-stage BB pump and a two-stage BB pump will always be different 
basic models. (HI, No. 33 at p. 5) China requested that DOE provide 
additional description for when BB pumps would be tested using one-
stage versus two-stage. (China, No. 29 at p. 4)
    As DOE is not including BB pumps within the scope of this test 
procedure DOE is not adopting the multi-stage testing provisions for BB 
pumps proposed in the April 2022 NOPR.
    For the reasons discussed in the preceding paragraphs, DOE is 
adopting the number of stages for testing RSH and VT pumps test 
procedure as proposed in the April 2022 NOPR.
3. Load Profile
    The current test procedure requires that the constant load pump 
energy rating be determined using 75, 100 and 110 percent of BEP flow 
with each value multiplied by 0.3333 and the results summed to 
determine PER<INF>CL</INF>. Appendix A, sections III.E, IV.E, V.E. 
Similarly, for variable load pumps, energy ratings are determined at 
25, 50, 75, and 100 percent of BEP flow with each point weighted by 
0.25 and summed to obtain a value for PER<INF>VL</INF>. Appendix A, 
sections VI.E, VII.E.
    In the April 2022 NOPR, DOE discussed the current load profiles in 
response to comments received from stakeholders on the April 2021 RFI. 
87 FR 21268, 21288. Specifically, DOE agreed with stakeholders that 
load profiles vary depending on the pump installation environment and 
application; however, DOE stated that the existing load profiles 
provide a consistent method for comparing the performance of different 
pumps. Id. DOE did not propose to modify the current load profiles in 
the April 2022 NOPR.
    NEEA recommended that DOE consider test procedures and metrics that 
better account for motor and control performance at various load points 
in the future. (NEEA, No. 34 at p. 5) The CA IOUs stated that they are 
not aware of any reports that provide BB pump-specific operating hour 
ranges but suggested that DOE review industrial cooling, boiler 
feedwater, and municipal water supply application reports. (CA IOUs, 
No. 32 at p. 3)
    As discussed in the April 2022 NOPR, DOE is not revising the 
current load profiles in this final rule notice. Additionally, SVIL, 
VT, and RSH pumps will use the same load profiles as other pumps 
previously covered in the scope of this rulemaking and described in the 
preceding paragraphs. DOE will continue to evaluate the impact of load 
profile on PEI.
4. Pumps With BEP at Run-Out
    To determine a pump's BEP, the DOE test procedure references 
testing provisions included in HI 40.6-2014 (excluding sections 
40.6.5.3, section A.7 and appendix B) at the following seven flow 
points: 40, 60, 75, 90, 100, 110, and 120 percent of the expected BEP 
flow rate of the pump at the nominal speed of rotation. Appendix A, 
section III.D.1. All pumps have a maximum flow rate which is termed 
``run-out.'' For pumps where the BEP is expected to be within 20 
percent of the maximum flow rate of the pump (BEP at run-out), section 
I.D.4 of appendix A provides alternative flow points, with the maximum 
flow point equal to 100 percent of the expected maximum flow rate so 
that the pump may safely operate. As discussed in section III.C.1, 
Sections 40.6.5.5.1 and 40.6.6.3 of HI 40.6-2021 now include provisions 
related to pumps with BEP at run-out. Section 40.6.5.5.1 provides 
alternate test points based on the expected BEP rate of flow for pumps 
with a maximum allowable flow rate as specified by the manufacturer 
that is less than 120 percent of the BEP flow rate. Section 40.6.6.3 
also provides alternate tested load points for the driver input power 
as a percentage of BEP flow rate for pumps that cannot be safely tested 
to flows greater than 120 percent of BEP. However, these provisions are 
based on flow points with respect to expected BEP flow rate rather than 
expected maximum flow rate.
    In the January 2016 Final Rule, DOE responded to a comment from HI 
that in order to determine the location of BEP, testing must occur at 
rates of flow greater than 100 percent of expected BEP flow. 81 FR 
4086, 4117. DOE stated that its proposal to use flow points only up to 
100 percent was with respect to the expected maximum allowable flow 
rate rather than with respect to expected BEP. Id. DOE notes that the 
existing regulatory text contains an omission in which section I.D.4(1) 
of appendix A only refers to ``the expected,'' while section I.D.4(2) 
refers to ``the expected maximum flow rate of the pump.'' In the April 
2022 NOPR, DOE proposed to include ``expected maximum flow rate of the 
pump'' in both section I.D.4(1) and I.D.4(2) of appendix A and would 
not reference sections 40.6.5.5.1 or 40.6.6.3 of HI 40.6-2021. 87 FR 
21268, 21288. DOE requested comment on whether the alternate flow 
points for pumps with BEP at run-out should be determined with respect 
to expected maximum flow rate or expected BEP flow rate. Id.
    In response, HI recommended that DOE modify the test procedure to 
require testing at 105 percent of BEP as a minimum criterion for pumps 
that cannot be tested to 120 percent of BEP. (HI, No. 33 at p. 5) HI 
suggested 105 percent of BEP because lower specific speed pumps can 
artificially benefit by truncating the actual BEP flow. Id. Grundfos 
commented that using the maximum flow rate provides a better curve for 
finding BEP and ensures that curve shape after BEP is properly captured 
(where possible). (Grundfos, No. 31 at p. 5) Grundfos additionally 
stated that using maximum expected flow can require a second test in 
some cases, with small additional burden, if BEP is found to be plus or 
minus 5 percent of the tested points but noted that this burden would 
be small given the limited systems reporting using BEP at run-out 
provisions. Id.
    DOE notes that by relying on maximum expected flow rather than 
expected BEP flow rate, it is likely that most pumps would test at a 
minimum of 105 percent of BEP, as in most cases, maximum expected flow 
would not be less than 5% away from BEP. This addresses HI's suggestion 
to have a minimum point at 105 percent of BEP, while also making sure 
that all pumps in this category can be tested. This is also consistent 
with Grundfos' comment that maximum flow provides a better curve shape, 
especially after BEP. For these reasons, DOE is adopting BEP at run-out 
provisions as proposed.
    In the April 2022 NOPR, DOE discussed that the current regulatory 
text would benefit from additional detail as to how the revised loading

[[Page 17953]]

points should be applied in the determination of PER<INF>STD</INF>. 87 
FR 21268, 21288. DOE proposed to specify that the revised loading 
points would only be used in application of the [alpha]<INF>i</INF> 
coefficient values when determining pump power input, and not when 
determining specific speed (``Ns'') or the minimally-compliant pump 
efficiency (``[eta]<INF>pump,STD</INF>''), which should always be based 
on 100 percent of BEP flow for standardization purposes. Id. DOE did 
not receive any comments regarding how the revised loading points 
should be applied in the determination of PER<INF>STD</INF>. Therefore, 
DOE is including the language as proposed in the April 2022 NOPR.
    As part of the April 2022 NOPR, DOE also identified that the 
current provisions for pumps with BEP at run-out do not address how to 
perform motor sizing for bare pumps, which is based on the horsepower 
equivalent to, or the next highest horsepower greater than, the pump 
power input to the bare pump at 120 percent of the BEP flow rate of the 
tested pump. 87 FR 21268, 21288-21289. DOE proposed that for pumps with 
BEP at run-out, motor sizing would be based on 100 percent of the BEP 
flow rate of the tested pump, as there are no flow rates available 
higher than that level. Id. However, DOE acknowledged in the April 2022 
NOPR that this proposed change could result in inequitable motor sizing 
compared to pumps not subject to these provisions. Id.
    In response to the April 2022 NOPR, Grundfos agreed with the use of 
maximum flow rate to ensure BEP can be determined for motor sizing for 
bare pumps. (Grundfos, No. 31 at p. 6)
    In this final rule, DOE is including the motor sizing language for 
pumps with BEP at run-out, as proposed in the April 2022 NOPR.
5. Calibration of Measurement Equipment
    The current DOE test procedure references HI 40.6-2014 Appendix D, 
which specifies the frequency at which measurement equipment should be 
calibrated. Table D.1 of HI 40.6-2014 states that manufacturer's 
recommendations on calibration intervals should be followed if they 
differ from those in Table D.1. However, DOE notes that its test 
procedure does not explicitly reference Table D.1 of HI 40.6-2021.
    In the dedicated-purpose pool pump test procedures included in 
appendices B and C to subpart Y of 10 CFR part 431 (``appendix B'', 
``appendix C''), DOE has included the calibration requirements 
contained in Appendix D of ANSI/HI 40.6-2014, with modification 
allowing for calibration periods up to 3 times longer than those 
specified in Table D.1 of ANSI/HI 40.6-2014 if justified by historical 
calibration data. See appendix B, section I.B.2 and appendix C, section 
I.B.2.
    Similar to the approach that DOE uses in appendix B and appendix C, 
DOE proposed in the April 2022 NOPR to specifically reference the 
calibration requirements in Appendix D of HI 40.6-2021 in section I.B 
of appendix A to improve the overall clarity of its test procedure. 87 
FR 21268, 21289.
    In response to the April 2022 NOPR, Grundfos agreed that including 
the reference to HI 40.6, Appendix D provides consistency and clarity 
regarding the required calibration requirements for testing. (Grundfos, 
No. 31 at p. 11).
    For the reasons discussed in the preceding paragraphs and the 
stakeholder feedback received, DOE is adopting Table D.1 of ANSI/HI 
40.6-2021 as proposed in the April 2022 NOPR.
6. Calculations and Rounding
    The DOE test procedure includes provisions for calculations and 
rounding in section I.D.3 of appendix A. Generally, all measured data 
must be normalized such that it represents performance at nominal speed 
of rotation in accordance with HI 40.6-2014, and all calculations must 
be carried out using raw measured values without rounding. See appendix 
A, section I.D.3. PER is rounded to three significant digits and PEI is 
rounded to the hundredths place. Id. Explicit rounding directions are 
not provided for other parameters.
    In the April 2022 NOPR, DOE did not propose any changes to its 
current rounding requirements, except for updates to reference the 
appropriate section of HI 40.6-2021, as discussed in section III.C.1 of 
this document. 87 FR 21268, 21289.
    DOE did not receive comments on this proposal. For the reasons 
discussed in the preceding paragraphs and in the April 2022 NOPR, DOE 
is adopting the updated references as proposed in the April 2022 NOPR.

F. Calculation-Based and Testing-Based Options According to Pump 
Configuration (Table 1 of Appendix A)

    The DOE test procedure for pumps includes calculation-based and 
testing-based options that apply based on pump configuration (including 
style of motor and control) as distributed in commerce. See appendix A, 
Table 1. The calculation-based options rely on a bare pump test, 
whereas the testing-based options rely on a ``wire-to-water'' test. The 
calculation-based options may reduce test burden by allowing a 
manufacturer to test a sample of bare pumps and use that data to rate 
multiple pump configurations using calculation-based methods. On the 
other hand, wire-to-water testing may more accurately represent pump, 
motor, and control performance.
1. Hybrid Mapping Approach
    In response to the April 2021 RFI, NEEA recommended that DOE 
consider a hybrid approach to testing and calculation, similar to the 
test method included in Appendix H of ANSI/AMCA Standard 214-21, ``Test 
Procedure for Calculating Fan Energy Index (FEI) for Commercial and 
Industrial Fans and Blowers'' (''AMCA 214''), which stipulates a one-
time test of the motor at multiple load points, which can be used to 
determine the input power at the appropriate pump test procedure load 
points and then used to calculate a rating. With this method, each 
motor need only be tested once, and the results used for multiple pump 
configurations. (NEEA, No. 21 at p. 10)
    Similarly, in response to the April 2021 RFI, with respect to pumps 
sold with inverter-only motors, the CA IOUs cautioned against the use 
of a losses table for permanent magnet inverter-only motors with a non-
integrated controller sold with a choice of controller due to variance 
in performance between drive units (as opposed to induction motors, 
which are relatively uninfluenced by choice of drive unit) and instead 
recommended this subset use a hybrid power drive system mapping 
procedure, which they expected would reduce burden. (CA IOUs, No. 19 at 
pp. 8-9)
    In the April 2022 NOPR, DOE acknowledged that permanent magnet 
inverter-only motors sold without a controller may perform differently 
based on the inverter with which it is paired and recognized that a 
hybrid mapping approach may be beneficial. 87 FR 21268, 21290, 21299. 
However, DOE stated that it did not expect that the use of a hybrid 
mapping approach would provide the burden reduction intended by the use 
of the calculation method. 87 FR 21268, 21299. While the hybrid mapping 
approach would be less burdensome than multiple wire-to-water tests, it 
would likely be significantly more burdensome than a calculation-based 
approach based on a bare pump test, as it would require physical tests 
of all motors with which the bare pump would be paired. Id. 
Furthermore, DOE

[[Page 17954]]

tentatively concluded that the calculation-based approach is sufficient 
to generate appropriately representative values for this equipment--and 
with the option to allow for a testing-based approach, or an AEDM as 
discussed in section III.I.2, a manufacturer would be free to refine 
accuracy of the values for specific equipment. Id.
    DOE did not propose a hybrid approach in the April 2022 NOPR but 
requested comment on whether manufacturers would use a hybrid mapping 
approach, and if so, whether manufacturers would conduct the motor 
tests or request the tests from their suppliers. 87 FR 21268, 21290. In 
addition, DOE requested comment on what additional provisions would 
need to be added to Appendix H of AMCA 214 to make it applicable to 
pumps, such as speed and load corresponding to pump rating points. Id. 
Finally, DOE requested comment on the merits of using a hybrid mapping 
approach specific to inverter-only motors and whether it would reduce 
or increase manufacturer burden compared to the current proposals. 87 
FR 21268, 21299.
    HI stated that hybrid mapping is not a current practice, so 
including this would add complexity and confusion, without an 
understood benefit. (HI, No. 33 at p. 6, 7) HI stated that the hybrid 
approach would be significantly more burdensome than a calculation-
based approach based on a bare pump test, and that the calculation 
approach based on coefficients and bare pump test is sufficient to 
generate appropriately representative values or the equipment. (HI, No. 
33 at p. 7). HI added that in many cases hybrid mapping data would not 
be available. For these reasons HI is not in favor of a hybrid mapping 
approach for inverter-only motors. Id.
    Grundfos stated that compared to the current proposals of 
calculated method and AEDM, it did not believe a hybrid mapping 
approach would reduce burden. (Grundfos, No. 31 at p. 7) Grundfos 
commented that a hybrid mapping approach is not currently necessary 
since DOE has proposed a method for calculating PEIs for pumps sold 
with inverter[hyphen]only motors. Id. at 6. However, Grundfos also 
stated they believe a hybrid mapping approach could provide more 
representative PEIs when compared to calculation[hyphen]based 
approaches, but that more effort would be necessary to define a 
suitable motor mapping procedure to ensure it is applicable to pumping. 
Id.
    NEEA recommended that in future proceedings DOE consider an 
optional hybrid approach to testing pumps sold with inverter-only 
synchronous motors to show the improvement in Pump Energy Index (PEI) 
from IE5 motors. (NEEA, No. 34 at p. 2)
    DOE agrees with stakeholders that it is premature to develop a 
hybrid mapping approach in this rulemaking, but notes that DOE may 
consider the issue in future rulemakings.
2. Calculation Method for Pumps Sold With Induction Motors and Controls
    Based on its review of available coefficients and part-load loss 
data, DOE tentatively determined in the April 2022 NOPR that without 
further data indicating that its current coefficients overstate motor 
drive system losses for pumps, it would retain its current loss model 
for motors less than 50 hp. 87 FR 21268, 21296. DOE noted that its 
current coefficients correspond to about 30 percent added harmonic 
losses and a 3 percent variable frequency drive (``VFD'') efficiency 
penalty. Id. DOE stated that it would consider revising its 
coefficients below 50 hp in accordance with the method suggested by 
HI,\32\ or to harmonize with fans or with international standards, 
given appropriate data specific to pumps. Id. To ensure that the 
calculation method does not overrate pumps, while balancing 
stakeholders' requests for representativeness, DOE proposed to allow 
use of an AEDM, as discussed in section III.I.2 of this document. Id. 
DOE requested (1) data indicating whether AHRI 1210-certified data is 
applicable to pumps as well as any other applicable part-load loss 
data; (2) data indicating whether 15 percent and 25 percent incremental 
losses, which are specified as part of IE3 ratings that are not 
commonly used in the U.S., are applicable to the U.S. and do not 
overstate performance, and if not, what incremental losses would be 
appropriate to apply, and (3) data indicating an appropriate VFD 
efficiency penalty by hp. Id.
---------------------------------------------------------------------------

    \32\ HI suggested new part load loss coefficients based on the 
differences between incremental losses predicted by IEC 60034-31 and 
the current DOE part load loss coefficients. (HI, No. 22 at p. 3)
---------------------------------------------------------------------------

    HI stated that related to item 2, the 15 percent and 25 percent 
incremental losses are appropriate and should be representative of 
motors commonly used in the U.S. (HI, No. 33 at p. 6) HI understood 
that NEMA supported these values and is adopting them into a future 
American National Standard. Id.
    In its comment to the April 2021 RFI, HI stated that losses are 
especially overstated in the 50 hp to 100 hp range. (HI, No. 22 at p.3) 
In the April 2022 NOPR, DOE discussed its findings that its existing 
coefficients show a decrease in full-load efficiency at 75 hp, which 
would not be expected. 87 FR 21268, 21296. In addition, DOE noted that 
the AHRI 1210-certified data is limited to a maximum of 75 hp and does 
not exist at higher hp. Id. Furthermore, DOE stated that its current 
coefficients in the 50 hp to 100 hp range correspond to about 60 
percent added harmonic losses and a 3 percent VFD penalty, and, based 
on previous discussion of typical losses, DOE tentatively determined 
that these losses are too high. Id.
    In light of the fact that DOE's coefficients in the 50 hp to 100 hp 
represent harmonic losses that are too high, DOE proposed in the April 
2022 NOPR to update its coefficients for motors rated at 50 hp and 
above. 87 FR 21268, 21296. To adjust its coefficients for motors 50 hp 
and above, DOE started with the current DOE default losses for the 
motor-only at full-load and added 15 to 25 percent losses, as 
applicable, as well as a VFD efficiency penalty of 3 percent. Id. DOE 
then adjusted the current DOE default losses for the motor and control 
at 100 percent to match the result of adding the incremental harmonic 
losses and VFD penalty, and applied the same adjustment factor to all 
load points. Id. Table III.1 summarizes DOE's proposal for the 
induction motor and control part-load loss coefficients. Id. DOE 
requested comment on its proposed part-load loss factors for induction 
motors and controls greater than 50 hp. Id.

          Table III.1--Proposed Induction Motor and Control Part Load Loss Factor Equation Coefficients
----------------------------------------------------------------------------------------------------------------
                                                                   Coefficients for induction motor and control
                                                                            part load loss factor (zi)
                      Motor horsepower (hp)                      -----------------------------------------------
                                                                         a               b               c
----------------------------------------------------------------------------------------------------------------
<=5.............................................................         -0.4658          1.4965          0.5303

[[Page 17955]]

 
>5 and <=20.....................................................         -1.3198          2.9551          0.1052
>20 and <=50....................................................         -1.5122          3.0777          0.1847
>50 and <=100...................................................         -0.6629          2.1452          0.1952
>100............................................................         -0.7583          2.4538          0.2233
----------------------------------------------------------------------------------------------------------------

    Grundfos agreed that the updated coefficients better represent 
losses for motors greater than 50 hp. (Grundfos, No. 30 at p. 6) HI 
stated that it reviewed the coefficients proposed by DOE compared to 
those suggested by HI and noted only minor deviations in the calculated 
PEI. (HI, No. 33 at p. 6) HI supported the part-load loss factors for 
induction motors and controls proposed by DOE. Id.
    For the reasons discussed previously, and based on stakeholder 
feedback, DOE is finalizing the updated induction motor and control 
part load loss factor equation coefficients as proposed and shown in 
Table III.1.
3. Calculation Method for Pumps Sold With Inverter-Only Motors (With or 
Without Controls)
    In the April 2022 NOPR, DOE proposed that, to the extent that DOE 
adopts a definition, test procedure, and energy conservation standard 
for synchronous electric motors that are inverter-only electric motors, 
DOE would reference such regulations in the pumps test procedure, 
allowing for the use of the calculation method by pumps sold with 
synchronous electric motors that are inverter-only electric motors. 87 
FR 21268, 21298.
a. Reliance on DOE Motors Test Procedure and Development of 
Coefficients
    DOE published a NOPR regarding the test procedures for motors 
(``Motors TP NOPR''), in which DOE proposed to test inverter-only 
synchronous electric motors (inclusive of the inverter) that include an 
inverter in accordance with section 7.7.2 of IEC 61800-9-2:2017, using 
the test provisions specified in section 7.7.3.5 and testing conditions 
specified in section 7.10. 86 FR 71710, 71742 (Dec. 17, 2021). DOE 
proposed to test inverter-only synchronous electric motors that do not 
include an inverter in the same manner and to specify that testing must 
be performed using an inverter as recommended in manufacturer catalogs 
or offered for sale with the electric motor. Id. In the April 2022 
NOPR, DOE proposed to require the nameplate efficiency of the inverter-
only synchronous electric motors tested in accordance with any relevant 
test procedure in subpart B to part 431, if available, or if not 
available, in accordance with the DOE motors test procedure, should it 
be finalized. 87 FR 21268, 21298. DOE noted that this nameplate 
efficiency, as proposed, would be representative of the motor + 
inverter efficiency rather than just the motor efficiency. Id.
    As proposed in the Motors TP NOPR, manufacturers of synchronous 
electric motors would not be required to test according to the DOE test 
procedure, if finalized, until the compliance date of energy 
conservation standards. 86 FR 71710, 71716. In the April 2022 NOPR, DOE 
stated that should it finalize a test procedure for these motors, there 
may be a period of time in which motor manufacturers would not be 
required to publish efficiency information for these motors. 87 FR 
21268, 21298. However, DOE stated that since the proposed electric 
motors test procedure is an IEC test procedure, if DOE's proposal in 
the Motors TP NOPR were finalized, the tested efficiency of the 
synchronous inverter-only electric motors + inverters would likely 
already be available. Id.
    Based on this premise, DOE proceeded to discuss a proposal 
regarding development of coefficients for the calculation method for 
pumps sold with inverter-only motors. 87 FR 21268, 21297-21299. DOE 
noted that in a submittal responding to the April 2021 RFI, HI stated 
that it developed coefficients and calculation modifications for 
inverter-only motors by establishing the incremental loss delta between 
power drive systems operating with induction motors and power drive 
systems operating with inverter-only motors. (HI, No. 22 at pp. 1-2) HI 
commented that it used actual motor data from multiple manufacturers to 
calculate these coefficients. Id. The coefficients developed by HI 
would require using either IE4 or IE5 minimum efficiencies (IEC 60034-
30-2) \33\ in the Section VII calculation for the equipped motor 
efficiency in appendix A. Id. HI also provided limited comparisons of 
the recommended inverter-only calculation method to test data for IE5 
products. In five out of six cases, the calculation method resulted in 
a PEI equivalent to or higher than the test method. Id.
---------------------------------------------------------------------------

    \33\ The International Electrotechnical Commission (``IEC'') 
standards IEC 60034-30 for variable-speed electric motors 
establishes an efficiency classification system for these motors. 
Efficiency classes are designated as IE1, IE2, IE3, IE4, and 
IE5.nIE4 is an approximation of super premium efficiency motors and 
IE5 is the IEC designation for ultra-premium efficiency motors.
---------------------------------------------------------------------------

    In the April 2022 NOPR, DOE stated that while it did not have data 
to evaluate HI's part load loss model quantitatively, DOE did plot HI's 
suggested model and preliminarily found the resulting trends in losses 
to be reasonable in relation to the expected loss differences between 
induction and synchronous electric motors. 87 FR 21268, 21298. 
Specifically, HI's suggested model showed inverter-only motors to be 
more efficient at part-load when compared to DOE's loss model for 
induction motors. Id. Further, HI's suggested model showed higher 
efficiency at full-load compared to DOE's loss model for induction 
motors--an expected outcome given that induction motor efficiency is 
set at a NEMA Premium level, whereas inverter-only efficiency is Super 
Premium. Id.
    However, DOE identified three concerns with the HI's suggested 
model which it discussed in the April 2022 NOPR. 87 FR 21268, 21298. 
First, the HI-provided comparison of wire-to-water test data with 
results from the calculation method using the recommended coefficients 
resulted in one case where the PEI rating determined using the 
calculation method was lower than the PEI rating determined using the 
test method. Id. Second, HI's proposed coefficients were based on a 
delta between induction motors and inverter-only motors, and

[[Page 17956]]

DOE did not propose to adopt HI's proposed induction motor coefficients 
in the April 2022 NOPR. Id. Third, HI's coefficients are applicable to 
motor-only efficiency, while DOE's proposed test procedure for 
inverter-only motors includes efficiency for the motor + inverter 
combined. Id.
    Therefore, DOE proposed in the April 2022 NOPR to make slight 
modifications to the inverter-only coefficients proposed by HI. 87 FR 
21268, 21298. Specifically, DOE started with the proposed revised DOE 
induction motor and control coefficients, then applied the deltas 
provided by HI (the difference in efficiency points between a 
synchronous motor + control versus induction motor + control at 
different load points and different hp ranges), and then normalized to 
the motor + control losses (rather than the motor only losses). Id. 
Table III.2 shows the inverter-only motor and control part-load loss 
factor coefficients proposed in the April 2022 NOPR. These coefficients 
result in slightly higher losses than the HI model across all hp. 87 FR 
21268, 21298. DOE requested comment on its proposed inverter-only part-
load loss coefficients, specifically on the appropriateness of the 
delta used to derive these coefficients as well as any other available 
comparable motor data with which DOE could vet these coefficients. 87 
FR 21268, 21299.

        Table III.2--Proposed Inverter-Only Motor and Control Part Load Loss Factor Equation Coefficients
----------------------------------------------------------------------------------------------------------------
                                                                   Coefficients for induction motor and control
                                                                            part load loss factor (zi)
                      Motor horsepower (hp)                      -----------------------------------------------
                                                                         a               b               c
----------------------------------------------------------------------------------------------------------------
<=5.............................................................         -0.0898          1.0251          0.0667
>5 and <=20.....................................................         -0.1591          1.1683         -0.0085
>20 and <=50....................................................         -0.4071          1.4028          0.0055
>50 and <=100...................................................         -0.3341          1.3377         -0.0023
>100............................................................         -0.0749          1.0864         -0.0096
----------------------------------------------------------------------------------------------------------------

    The Efficiency Advocates supported DOE's proposal to permit use of 
a calculation-based method for pumps sold with inverter-only motors. 
(Efficiency Advocates, No. 32 at p. 3) They commented that inverter-
only motors are highly efficient, and that a calculation-based method 
may reduce testing burden and facilitate adoption of pumps using these 
highly efficient motors. Id.
    The CA IOUs supported inverter-only calculation methods discussed 
in the April 2022 NOPR for inverter-only pumps and added that the 
operating points are consistent with observations on field metered pump 
load profiles, operating speed assumptions, and other industry 
standards. (CA IOUs, No. 32 at p. 6) The CA IOUs also agreed that the 
proposed coefficients provide conservative calculation method results, 
which do not exceed wire-to-water measured performance and recommended 
DOE finalize the calculation method. Id. However, the CA IOUs stated 
that VFD to motor harmonic losses on the order of 30 percent is higher 
than standard practice or current generation products and indicated 
that they plan to submit data on this topic. Id. No such data were 
submitted.
    While Grundfos stated that the method DOE used to determine these 
coefficients is reasonable, it suggested using the manufacturer 
interview process to obtain this information from specific 
manufacturers under both the motor and/or pump rules. (Grundfos, No. 31 
at p. 6) Grundfos stated that it follows IEC 61800-9-2 for inverter-
only motors and publishes combined motor and inverter efficiency. Id.
    HI stated there is currently no standard methodology or 
specification for motor manufacturers to publish efficiency on the 
nameplate that includes motor and drive losses, and it is not typically 
available to pump manufacturers. (HI, No. 33 at p. 6) HI added that 
some manufacturers are measuring and publishing wire-to-shaft 
efficiency with inverter-only motors, but only when integrated by the 
manufacturer and this information may not be on the nameplate. Id.
    HI commented that the coefficients proposed by HI in response to 
the April 2021 RFI added harmonic and VFD losses to the motor only 
losses as defined in IEC 60034-30-2, and that HI recommended using IE4 
motor efficiencies (IEC 60034-30-1) as a default for the synchronous 
motors. (HI, No. 33 at p. 6) HI stated it understood that IEC 60034-30-
1 provides tables for the motor only and IEC 60034-30-2 provides a 
calculation method to take IEC 60034-30-1 values and determine the 
motor efficiency on the drive by applying the incremental losses 
through calculation. Id. Additionally, HI responded that the 
coefficients proposed by DOE are different than proposed by industry 
since they start with a combined motor and VFD efficiency, and that 
this value is not available to pump manufacturers and there is no 
specification for manufacturers to publish these data. Id. HI 
recommended that instead of using a nameplate value that is not 
available to pump manufacturers, DOE (1) use the IE4 motor only 
efficiencies as defaults and specify standard math to add the VFD 
losses, or (2) start with IE4 motor only efficiencies and include the 
VFD losses in the coefficients as proposed by HI in the April 2021 RFI. 
Id.
    NEEA supported the proposed calculation methodology for inverter-
only synchronous motors, but recommended DOE consider an interim 
approach until these motors are covered by DOE regulations. (NEEA, No. 
34 at p. 5) NEEA stated that it will take many years for the motors 
test procedure, should it proceed as written, to take effect and 
require testing of synchronous motors, and that this lag would cause 
confusion in the marketplace and stifle adoption of new technologies. 
Id. at 6. NEEA recommended that DOE incorporate by reference IEC 60034-
2-3 until DOE has regulations covering these motors. Id. NEEA added 
that IEC 60034-2-3 is the most appropriate motors test procedure for 
calculating full load motor efficiency values, and the values do not 
include inverter losses, therefore producing reasonable full load motor 
efficiency values to be used with the values DOE proposed in Table 
III.2 of the pumps NOPR when calculation PER<INF>VL</INF>.\34\ Id. NEEA 
further recommended that incorporation of IEC 60034-2-3 should no 
longer apply when the motors are covered by DOE regulations. Id. NEEA 
stated that it had no test data with

[[Page 17957]]

which to evaluate the coefficients proposed in Table III.2 in the April 
2022 NOPR, but supported the method used to determine the coefficients. 
Id.
---------------------------------------------------------------------------

    \34\ DOE notes that Table III.2 of the April 2022 NOPR included 
coefficients relative to motor + inverter efficiency, so it is not 
clear what NEEA's proposal is referring to.
---------------------------------------------------------------------------

    NEEA additionally recommended that in the future, DOE consider test 
procedures and metrics that better account for motor and control 
performance at various load points. (NEEA, No. 34 at p. 5) NEEA stated 
that as more inverter-only and synchronous motors are developed and 
deployed, differentiating motor and control performance at part load 
points will become increasingly important. (NEEA, No. 34 at p. 7) NEEA 
noted that IE5-level motors can show more variability at part-load. Id. 
NEEA recommended that when IEC 61800-9-2 data are available, DOE 
consider revising the pumps test procedure to incorporate the specific 
losses at each load point as opposed to, or in addition to, the default 
loss curves. Id. NEEA stated this would allow manufacturers to showcase 
their improvements in efficiency and allow for more accurate 
representation of losses Id.
    On October 19, 2022, following submission of comments to the April 
2022 NOPR, DOE published a final rule regarding test procedures for 
motors (the ``Motors TP Final Rule''), which adopted a test procedure 
for inverter-only synchronous motors generally as proposed in 
accordance with IEC 61800-9-2:2017.87 FR 63588, 63659.
    Since the adopted DOE test procedure for electric motors relies on 
motor and inverter efficiency, and beginning 180 days following 
publication of that test procedure, any representations of energy 
consumption for those inverter-only synchronous electric motors must be 
made in accordance with that test procedure, DOE has determined that it 
would not be appropriate to have a pumps test procedure that relies on 
motor only efficiency for these same motors. Instead, the pumps test 
procedure should rely on motor and inverter efficiency tested in 
accordance with the DOE electric motors test procedure, consistent with 
the existing test procedure for pumps sold with induction motors. As 
such, DOE is finalizing the pump test procedure as proposed in the 
April 2022 NOPR, to be based on motor and inverter efficiency rather 
than motor only efficiency. DOE acknowledges that there will be a 
period of time in which motor and inverter efficiency is not required 
to be published by motor manufacturers, however, DOE is also declining 
to develop an interim test procedure. This approach will limit 
potential deviation between interim ratings and any ratings post motor-
standard, should one be finalized, which could cause market confusion, 
and will allow pump manufacturers to use motor and inverter data when 
available. Now that the DOE motors test procedure is final, there is 
more certainty in the market than there was at the time of the April 
2022 NOPR, and motor manufacturers may choose to make representations 
early or upon request of their customers. DOE notes that many motor 
manufacturers are currently making representations regarding the energy 
efficiency of their inverter-only synchronous electric motors, and in 
order to continue doing so after the 180-day mark, those 
representations must be of motor and inverter efficiency in accordance 
with the DOE test procedure. Therefore, DOE expects such information to 
be relatively widely available. DOE is also finalizing an AEDM option 
for pumps, as discussed in section III.I.2. With this option, pump 
manufacturers may use their own calculation method, relying on any 
available data and coefficients they have, including potentially HI or 
NEEA's recommended approach, as long as such calculation meets the AEDM 
requirements, as discussed in section III.1.2. In addition, as DOE 
received no comment on the coefficients excluding the request to base 
them on motor-only efficiency, DOE is finalizing the coefficients as 
proposed.
b. Denominator for PEI Metric
    In the April 2022 NOPR, DOE stated that the appropriate denominator 
for pumps sold with inverter-only synchronous electric motors is the 
same as for other pumps sold with motors with or without controls 
(i.e., the efficiency standards for NEMA Design B motors in 10 CFR 
431.25 is comparable to the PEI metric when comparing pumps across a 
common baseline). 87 FR 21268, 21298. Consequently, DOE did not propose 
a revision to the calculation of PER<INF>STD</INF> for these pumps. Id.
    DOE received no comments on this issue and is finalizing the 
denominator as proposed.
c. Applicability
    In the April 2022 NOPR, DOE proposed that, to the extent that the 
calculation-based method would be applicable to pumps sold with 
synchronous electric motors that are inverter-only electric motors, 
such provision would apply to pumps sold with inverter-only synchronous 
electric motors both with and without controls. 87 FR 21268, 21299. DOE 
also proposed that pumps sold with inverter-only motors with or without 
controls would apply the testing-based approach in section VI of 
appendix A (for pumps sold with motors and controls) rather than in 
section IV of appendix A (for pumps sold with motors), given that 
section VI results in PEI<INF>VL</INF>, and DOE assumed that such 
pumps, even if sold without an inverter, would be tested with an 
inverter. Id. DOE requested comment on its proposal to apply 
PEI<INF>VL</INF> to pumps sold with inverter-only synchronous motors 
without controls, including application of the testing method in 
section VI of appendix A and the calculation method in section VII of 
appendix A. Id.
    Grundfos agreed with the proposal. (Grundfos, No. 31 at p. 7) HI 
agreed with the proposal to apply PEI<INF>VL</INF> ratings to pumps 
sold with inverter-only synchronous motors without controls, assuming 
they would use section VII of appendix A. (HI, No. 33 at p. 7) However, 
HI disagreed with section VII.A.2, ``Pumps sold with inverter-only 
synchronous electric motors regulated by DOE's energy conservation 
standards in subpart B of this part,'' stating that DOE should allow 
use of the calculation method using IE4 efficiency from IEC 60034-30-1, 
since most (if not all) synchronous inverter-only motors will meet the 
IE4 level. Id. HI also disagreed with sections V.A.2 and VII.A.3, 
``SVIL pumps sold with small electric motors regulated by DOE's energy 
conservation standards at Sec.  431.446 or with small non-small-
electric-motor electric motors (``SNEMs'') regulated by DOE's energy 
conservation standards in subpart B of this part (but including motors 
of such varieties that are less than 0.25 hp) and continuous 
controls,'' stating that DOE should continue to allow use of the 
calculation method for non-DOE regulated small or SNEM motors as 
referenced in previous comments by creating coefficients specific to 
these motor types for section VII calculations. Id.
    Based on the comments received, DOE is finalizing its proposal to 
apply PEI<INF>VL</INF> to pumps sold with inverter-only synchronous 
motors without controls, including application of the testing method in 
section VI of appendix A and the calculation method in section VII of 
appendix A. DOE has addressed HI's concern with respect to their 
proposed IE4-based calculation method in section III.F.3.a of this 
document and discusses the concern regarding small or SNEM motors in 
section III.G of this document.
4. Pumps Sold With Submersible Motors
    For pumps sold with submersible motors, the calculation of 
PER<INF>STD</INF>, the test procedure for bare pumps, the calculation-
based approach for pumps

[[Page 17958]]

sold with motors, and the calculation-based approach for pumps sold 
with motors and controls all include reference to Table 2 of appendix 
A, which includes default nominal full-load submersible motor 
efficiency values. These motor efficiency values were developed to 
allow for pumps sold with submersible motors to be rated using 
calculation-based methods despite the fact that submersible motors are 
not included in DOE's current motor regulations. In the Motors TP NOPR, 
DOE proposed a test procedure for submersible motors based on section 
34.4 of NEMA MG1-2016 with its 2018 Supplements. 86 FR 71725, 71749-
71750. DOE noted in the April 2022 NOPR that it had not established 
energy conservation standards for submersible motors, and that were DOE 
to establish a test procedure for submersible motors, such motors would 
not be required to be tested according to the DOE test procedure until 
such time that compliance with any energy conservation standards that 
DOE may establish is required. 87 FR 21268, 21299.
    In the April 2022 NOPR, DOE proposed that for the calculation-based 
approaches for submersible pumps sold with motors (with or without 
controls), for determination of PER<INF>CL</INF> and PER<INF>VL</INF>, 
the default efficiency values in Table 2 of appendix A would be used 
until compliance with an energy conservation standard for submersible 
motors is required, should such a standard be established. 87 FR 21268, 
21299. At such time, calculation of the pump efficiency for submersible 
pumps would rely on the motor efficiency rating marked on the nameplate 
and tested in accordance with the relevant DOE test procedure. Id. DOE 
further proposed that if DOE finalized a test procedure for submersible 
pumps, prior to any required compliance with an energy conservation 
standard that DOE may establish for these pumps, a manufacturer may 
rely on the motor efficiency represented by the motor manufacturer, if 
such a representation were made, or the default values in Table 2 of 
appendix A. Id.
    DOE also proposed in the April 2022 NOPR that when determining 
PER<INF>STD</INF> using the calculation-based approach for bare pumps, 
before the compliance date of any future standards for submersible 
electric motors that publishes after January 1, 2021, the default 
efficiency values in Table 2 of appendix A would be used. 87 FR 21268, 
21299-21300. After the compliance date of any standards for submersible 
electric motors that publishes after January 1, 2021, any standards 
applicable to submersible motors in appendix B of part 431 would be 
used. 87 FR 21268, 21300. DOE requested comment on its proposal for the 
calculation-based approach for pumps sold with submersible pumps to 
require use of the rated motor efficiency marked on the nameplate that 
has been tested in accordance with the relevant DOE test procedure 
after such time as compliance is required with an energy conservation 
standard for submersible motors, should such a standard be established. 
Id.
    Grundfos commented that this approach would be in line with the 
current requirements for pump testing using DOE regulated product and 
agreed with the approach. (Grundfos, No. 31 at p. 7) However, Grundfos 
stated that Section 34.4 of NEMA MG1-2016 is an inadequate test 
procedure for submersible motors. Id.
    HI responded that, consistent with its comments on the Motors TP 
NOPR, which stated that the proposed submersible motor test procedure 
was inadequate, it does not believe this language is warranted at this 
time. (HI, No. 33 at p. 7) Thus, HI recommended that no changes to the 
test procedure for pumps sold with submersible motors be made at this 
time. Id.
    In the Motors TP Final Rule, DOE did not finalize a test procedure 
for submersible motors. 87 FR 63588, 63605. However, DOE notes that the 
proposed provision in the pumps test procedure relates to any future 
standards for submersible motors, and as Grundfos stated, the approach 
is in line with the current requirements for pump testing with motors 
covered by DOE. As such, DOE is finalizing the provision as proposed, 
noting that it will have no impact if and until a future motors 
rulemaking adopts a test procedure and/or standard for submersible 
motors.

G. Test Procedure for SVIL Pumps

    In this final rule, DOE is expanding the scope of the test 
procedure to include SVIL pumps. DOE reviewed the general pumps test 
procedure as finalized in this rule to determine if any modifications 
were necessary to accommodate SVIL pumps. The amended test procedure is 
based on the test methods contained in HI 40.6-2021, which DOE has 
determined also applies to SVIL pumps.
    As discussed in section III.F, the general pumps test procedure 
also contains methods to determine the appropriate PEI using either 
calculation-based methods or testing-based methods. DOE has determined 
that these calculation- and testing-based methods are applicable to 
SVIL pumps just as they are applicable to IL pumps, based on the 
configuration in which the pump is being sold (i.e., since SVIL pumps 
are sold as pumps with motors or pumps with motors and controls, the 
test methods enumerated in Table 1 to Appendix A apply to SVIL pumps). 
Additionally, the determination of pump performance in the pumps test 
procedure, as amended in this final rule, would be appropriate for SVIL 
pumps.
1. Applicable Motor Regulations
    The primary differences between SVIL and IL pumps affecting the 
application of DOE's general pumps test procedure are the size and 
certain characteristics of the motor with which the SVIL pumps are 
rated. DOE notes that SVIL pumps, which this final rule defines as 
pumps having shaft input power less than 1 hp, may be paired with 
motors that are less than 1 hp and, as such, are not subject to DOE's 
electric motor regulations specified at 10 CFR 431.25. However, some 
motors less than 1 hp are subject to DOE's small electric motor 
regulations specified at 10 CFR 431.446.
    In the April 2022 NOPR, DOE stated that its motor regulations at 10 
CFR 431.446 exclude totally enclosed fan-cooled electric motors 
(``TEFC'') and certain other motors considered to be non-general 
purpose motors, which pump manufacturers had noted are frequently 
paired with SVIL pumps. 87 FR 21268, 21301. DOE stated that in the 
Motors TP NOPR, it had proposed adding such motors to the scope of 
electric motors coverage under the term small non-small electric motor 
electric motors (``SNEMs''). Specifically, DOE proposed to define SNEMs 
as agnostic to enclosure and topology, affirmatively stating that the 
proposed test procedure would apply to general-purpose, definite-
purpose, and special-purpose motors. As proposed, SNEMs would include 
fractional horsepower motors as low as 0.25 hp. 86 FR 71710, 71721-
71725. The Motors TP NOPR also proposed testing instructions specific 
to these motors. 86 FR 71710, 71739. DOE noted that it had not 
established energy conservation standards for SNEMs, and that were DOE 
to establish a test procedure for SNEMs, such motors would not be 
required to test according to the DOE test procedure until such time as 
compliance with any energy conservation standards be required, should 
such standards be established. Under DOE's Motors TP NOPR, any 
definitions, test procedures, and standards finalized for SNEMs would 
be in found in subpart B of part 431. 87 FR 21268, 21301.

[[Page 17959]]

    In the April 2022 NOPR, DOE stated that it expected that the 
proposed definition and test procedure for SNEMs, as well as the 
proposed test procedure for inverter-only synchronous electric motors, 
as discussed in section III.F.3, would encompass the additional types 
of motors discussed by stakeholders that are not currently covered by 
the standards at 10 CFR 431.446. Therefore, DOE proposed that where the 
calculation-based test methods refer to the ``represented nominal full-
load motor efficiency (i.e., nameplate/DOE-certified value),'' the 
nominal full-load motor efficiency for an SVIL pump would be determined 
in accordance with the applicable test procedure in 10 CFR 431.444 or 
in subpart B of part 431.87 FR 21268, 21301.
    DOE also proposed that for SVIL pumps, the determination of 
PER<INF>STD</INF> would reference DOE's small electric motor 
regulations at 10 CFR 431.446 rather than the electric motor 
regulations at 10 CFR 431.25, and would be the minimum efficiency of 
the energy conservation standards for polyphase or single-phase (CSIR/
CSCR) for the relevant number of poles and motor horsepower. 87 FR 
21268, 21301. The single-phase standards only apply to CSCR and CSIR 
but the proposal would apply the efficiency values found at 10 CFR 
431.446 when determining an SVIL pump's PER<INF>STD</INF>. Id. DOE 
stated that it believed that these values represent an appropriate 
default for the SVIL market. Id. DOE also stated that it would also 
consider application of efficiency values found for specific SNEMs in 
subpart B of part 431, if the relevant proposed amendments contained in 
the Motors TP NOPR were finalized. Id. DOE stated that its information 
did not indicate that SVIL pumps are sold as bare pumps, but that if 
stakeholders identify such models, DOE would include these same 
provisions in the calculation method for bare pumps. Id.
    DOE sought comment on whether the efficiency standards found at 10 
CFR 431.446 are appropriate for use in the determination of PERSTD for 
SVILs, whether certain motor topologies that would be classified as 
SNEM are more prevalent and significantly less efficient, and whether 
the minimum efficiency of the polyphase and CSCR/CSIR standards for the 
relevant number of poles and motor horsepower is appropriate or whether 
there should be differences depending on the phase of the motor with 
which the pump is sold. 87 FR 21268, 21301.
    HI and Grundfos stated that motor efficiencies found in 10 CFR 
431.446 are not the lowest for topologies used in SVIL pumps and are 
inappropriate for determining PER<INF>STD</INF> for SVIL products. (HI, 
No. 33 at p. 7; Grundfos, No. 31 at p. 7) HI and Grundfos stated that 
DOE must create a minimum efficiency table, similar to that created for 
submersible motors, to capture the minimums across the motor sizes 
covered by the SVIL products. Id.
    NEEA supported DOE's recommendation for the test procedure for 
SVILs, but stated that they were concerned that the SNEM rulemaking 
will not conclude in sufficient time to allow for incorporation of 
those test procedures and standards into this rulemaking, creating a 
gap during which manufacturers would not have a calculation-based 
approach. (NEEA, No. 34 at p. 5) NEEA recommended that DOE add an 
additional calculation-based approach for SVIL pumps sold with motors 
not covered by the motors standard or test procedure at 10 CFR 431.446. 
Id. NEEA recommended that DOE embed a calculation approach for SVILs 
that uses IE2 efficiency levels to determine full load motor 
efficiency, as described in IEC 60034-30-1. Id. NEEA stated that these 
values are appropriate because the motors are not currently covered by 
a standard, so a conservative value would use an efficiency level below 
the standard for covered motors of similar sizes, and would not 
disadvantage manufacturers that choose to wire-to-water test equipment. 
Id. NEEA stated that once any motor TP or standard is in place and 
covering additional motor types, the embedded calculation-based 
methodology would no longer be valid. Id.
    Following receipt of comments, DOE published the Motors TP final 
rule, which adopted a test procedure for SNEMs in appendix B to subpart 
B of part 431.87 FR 63588, 63657-63660. However, DOE has yet to adopt 
any energy conservation standards for SNEM. As a result, there are not 
currently minimum efficiency values for SNEMs on which DOE could base 
the calculation of PER<INF>STD</INF> for SVIL.
    DOE acknowledges that in the proposed approach, SVIL paired with 
SNEM may have worse PER ratings than SVIL paired with small electric 
motors (``SEM''), given that some SNEMs currently have lower efficiency 
that DOE's minimum requirements for SEMs. However, this is 
representative of the energy use of such an SVIL. In addition, DOE 
notes that the test procedure does not set a standard for SVIL, and 
that any calculated PER<INF>STD</INF> is just a reference point. If or 
when DOE considers setting standards for SVIL, DOE may consider a PEI 
other than 1.00 as appropriate for this equipment category--depending 
on the timing and finalization of any DOE standards related to SNEM, 
and the relationship of SNEM to SEM minimum efficiency. Therefore, HI 
and Grundfos' concern regarding the lower efficiency of SNEM as 
compared to SEM can be ameliorated. DOE acknowledges that motor 
manufacturers will not be required to publish full-load motor 
efficiency for a given SNEM until the compliance date of any standards 
for SNEM. However, DOE is declining to develop an interim approach as 
suggested by NEEA, and is adopting the provisions for motor efficiency 
in SVIL calculations as proposed. As discussed regarding inverter-only 
motors in section III.F.3, this approach will limit potential deviation 
between interim ratings and ratings post motor-standard, if any, which 
could cause market confusion, and will allow manufacturers to use SNEM 
motor efficiency when available. Now that the DOE motors test procedure 
is final, there is more certainty in the market than there was at the 
time of the April 2022 NOPR, and motor manufacturers may choose to make 
representations in accordance with the DOE test procedure early such as 
at the request of customers, or if they are already making 
representations of energy use or energy efficiency and wish to continue 
doing so past the 180 day mark following publication of the DOE motors 
test procedure. DOE is also finalizing an AEDM option for pumps, as 
discussed in section III.I.2 of this document. With this option, pump 
manufacturers may use their own calculation method, relying on any 
available data and coefficients they have, including potentially NEEA's 
recommended approach, as long as such calculation meets the AEDM 
requirements, as discussed in section III.1.2.
    Since the April 2022 NOPR, DOE has also determined through 
manufacturer interviews that a small percent of pumps are sold as bare 
pumps. Therefore, DOE is adopting the same provisions relevant to SVIL 
in the calculation method for bare pumps.
2. SVIL Paired With Motors Less Than 0.25 Horsepower
    In the April 2022 NOPR, DOE stated that its market research 
indicates that the vast majority of SVILs are sold with motors with a 
nominal horsepower of 0.25 hp or greater. 87 FR 21268, 21301. However, 
DOE identified some models with horsepower closer to 0.125 hp. Id. Such 
motors are not subject to the standards in 10 CFR 431.446 and are not 
proposed to be subject to any test procedure in the Motors TP NOPR. Id.

[[Page 17960]]

DOE proposed that for determination of PER<INF>STD</INF> for SVILs sold 
with a motor nominal horsepower of less than 0.25 hp, the full-load 
efficiency values in Table III.3 would be used. Id. DOE scaled these 
values from the standards for 0.25 hp pumps (3.9 efficiency point 
decrease, comparable to the most common decrease from 0.33 to 0.25 hp) 
and taken 

[…truncated; see source link]
Indexed from Federal Register on March 24, 2023.

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