[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72077-72078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28763]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-2013-BT-DET-0017]


Energy Efficiency Program for Industrial Equipment: Final 
Determination Classifying UL Verification Services Inc. as a Nationally 
Recognized Certification Program for Small Electric Motors

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

ACTION: Notice of final determination.

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

SUMMARY: This notice announces a final determination by the U.S. 
Department of Energy (DOE) classifying UL Verification Services (UL) as 
a nationally recognized certification program under 10 CFR 431.447 and 
431.448.

DATES: This final determination is effective December 2, 2013.

ADDRESSES: The docket for this matter is available for review at 
www.regulations.gov, including Federal Register notices, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EERE-2013-BT-DET-
0017;fp=true;ns=true. This Web page contains a link to the docket for 
this matter on the www.regulations.gov site. The www.regulations.gov 
Web page contains simple instructions on how to access all documents, 
including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of 
Energy, Building Technologies Office, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 287-1317. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Part C of Title III of the Energy Policy and Conservation Act 
contains energy conservation requirements for, among other things, 
electric motors and small electric motors, including test procedures, 
energy efficiency standards, and compliance certification requirements. 
42 U.S.C. 6311-6316.\1\ Section 345(c) of EPCA directs the Secretary of 
Energy to require manufacturers of electric motors ''to certify through 
an independent testing or certification program nationally recognized 
in the United States, that [each electric motor subject to EPCA 
efficiency standards] meets the applicable standard.'' 42 U.S.C. 
6316(c).
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
---------------------------------------------------------------------------

    Regulations to implement this statutory directive are codified in 
Title 10 of the Code of Federal Regulations Part 431 (10 CFR Part 431) 
at sections 431.36, Compliance Certification, 431.20, Department of 
Energy recognition of nationally recognized certification programs, and 
431.21, Procedures for recognition and withdrawal of recognition of 
accreditation bodies and certification programs. Sections 431.20 and 
431.21 set forth the criteria and procedures for national recognition 
of an energy efficiency certification program for electric motors by 
DOE. With the support of a variety of interests, including industry and 
energy efficiency advocacy groups, DOE published a final rule on May 4, 
2012, that established requirements for small electric motors that are 
essentially identical to the criteria and procedures for national 
recognition of an energy efficiency certification program for electric 
motors. See 77 FR 26608, 26629 (codifying provisions parallel to 
electric motors for small electric motors at 10 CFR 431.447 and 
431.448).
    For a certification program to be classified by the DOE as being 
nationally recognized in the United States for the testing and 
certification of small electric motors, the organization operating the 
program must submit a petition to the Department requesting such 
classification, in accordance with sections 431.447 and 431.448. In 
sum, for the Department to grant such a petition, the certification 
program must: (1) Have satisfactory standards and procedures for 
conducting and administering a certification system, and for granting a 
certificate of

[[Page 72078]]

conformity; (2) be independent of small electric motor manufacturers, 
importers, distributors, private labelers or vendors; (3) be qualified 
to operate a certification system in a highly competent manner; and (4) 
be expert in the test procedures and methodologies in IEEE Standard 
112-2004 Test Methods A and B, IEEE Standard 114-2010, CSA Standard 
C390-10, and CSA C747 or similar procedures and methodologies for 
determining the energy efficiency of small electric motors, and have 
satisfactory criteria and procedures for selecting and sampling small 
electric motors for energy efficiency testing. 10 CFR 431.447(b).
    Each petition requesting classification as a nationally recognized 
certification program must contain a narrative statement as to why the 
organization meets the above criteria, be accompanied by documentation 
that supports the narrative statement, and be signed by an authorized 
representative. 10 CFR 431.447(c).

II. Discussion

    Pursuant to sections 431.447 and 431.448, on February 20, 2013, UL 
submitted to the Department a Petition for ``Classification in 
Accordance with 10 CFR 431.447 and 431.448'' (``Petition'' or ``UL 
Petition''). The Petition was accompanied by a cover letter from UL to 
the Department, containing five separate sections that included 
narrative statements for each--(1) Overview, (2) Standards and 
Procedures, (3) Independent Status, (4) Qualification of UL LCC and UL 
Verification Services, Inc. to Operate a Certification System, and (5) 
Expertise in Small Motor Test Procedures. In accordance with the 
requirements of Sec.  431.448(b), DOE published UL's petition in the 
Federal Register on May 16, 2013 and requested public comments. 78 FR 
28812.
    In response to that notice, the National Electrical Manufacturers 
Association (NEMA), a trade association representing manufacturers of 
electrical products including small electric motors, submitted comments 
to DOE in a letter dated June 17, 2013 (Comment response to the 
published Notice of Petition, No. 5). In these comments, NEMA cited 
several concerns regarding UL's petition, listing them in the order in 
which DOE requested comments in the notice. UL then submitted a letter 
to DOE dated June 26, 2013 responding to NEMA's comments (Comment 
responding to NEMA's comments on UL petition, No. 6).
    As required by 10 CFR 431.448(d), DOE published on September 17, 
2013 an interim notice of determination regarding UL's petition. 78 FR 
57137. In that notice, DOE provided a description of the comments 
submitted by NEMA and the responses to those comments from UL. In 
reviewing the comments and responses, DOE found no cause to deny UL's 
petition and concluded that UL could be classified as a nationally 
recognized certification program for small electric motors on an 
interim basis pending a 30-day period of public comment.
    Having received no comments on the interim determination, the 
Department hereby announces its final determination pursuant to 10 CFR 
431.448(e) that UL is classified as a nationally recognized 
certification program for small electric motors.

    Issued in Washington, DC, on November 25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-28763 Filed 11-29-13; 8:45 am]
BILLING CODE 6450-01-P