[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40765-40775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15759]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-STD-0048]
RIN 1904-AE38


Energy Conservation Program: Test Procedure for Dedicated-Purpose 
Pool Pump Motors

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

ACTION: Final rule.

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SUMMARY: On October 5, 2020, the U.S. Department of Energy (``DOE'') 
issued a notice of proposed rulemaking (``NOPR'') to establish a test 
procedure and an accompanying labeling requirement for dedicated 
purpose pool pump (``DPPP'') motors. This final rule establishes a test 
procedure for DPPP motors. Specifically, the final rule incorporates by 
reference an industry standard pertaining to DPPP definitions; and 
requires the use of an industry testing standard for testing the energy 
efficiency of DPPP motors. This final rule does not establish a 
labeling requirement and DOE intends to address any such labeling and/
or energy conservation standards requirement in a separate 
notification.

DATES: The effective date of this rule is September 27, 2021. The 
incorporation by reference of certain publications listed in this rule 
is approved by the Director of the Federal Register as of September 27, 
2021.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket web page can be found at www.regulations.gov/docket?D=EERE-2017-BT-STD-0048. 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: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington,

[[Page 40766]]

DC 20585-0121. Telephone: (202) 586-9870. Email 
[email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following 
industry standards into 10 CFR part 431:
    CSA C747-09 (Reaffirmed 2014), ``Energy Efficiency Test Methods for 
Small Motors,'' as revised through August 2016, including Update No. 1.
    Copies of CSA C747-09, can be obtained from the Canadian Standards 
Association (``CSA''), Sales Department, 5060 Spectrum Way, Suite 100, 
Mississauga, Ontario, L4W 5N6, Canada, 1-800-463-6727, or https://www.csagroup.org/store.
    UL 1004-10:2020, ``Standard for Safety for Pool Pump Motors'', 
First Edition, Dated February 28, 2020.
    Copies of UL 1004-10:2020, Edition 1, can be obtained from 
Underwriters Laboratories (``UL''), 333 Pfingsten Road, Northbrook, 
Illinois, 60062, (841) 272-8800 or https://www.ul.com.
    For a further discussion of these standards, see section IV.N.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope of Applicability
    B. Definitions
    C. Test Procedures
    D. Metric
    E. Harmonization With Industry Standards
    F. Effective Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132, ``Federalism''
    F. Review Under Executive Order 12988, ``Civil Justice Reform''
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Electric motors are included in the list of ``covered equipment'' 
for which DOE is authorized to establish and amend energy conservation 
standards, test procedures, and labeling requirements. (42 U.S.C. 
6311)(1)(A)). Electric motors include dedicated-purpose pool pump 
motors (``DPPP motors'' or ``pool pump motors''), the subject of this 
rulemaking.\1\ The following sections discuss DOE's authority to 
establish a test procedure for DPPP motors, and relevant background 
information regarding DOE's consideration of a test procedure for this 
equipment.
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    \1\ An electric motor is defined as ``a machine that converts 
electrical power into rotational mechanical power.'' 10 CFR 431.12.
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A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
among other things, authorizes DOE to regulate the energy efficiency of 
a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part C \3\ of EPCA, added by Public Law 
95-619, Title IV, section 441(a), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve energy efficiency. This equipment 
includes those electric motors that are DPPP motors, the subject of 
this document. (42 U.S.C. 6311(1)(A))
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    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6311), 
energy conservation standards (42 U.S.C. 6313), test procedures (42 
U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority 
to require information and reports from manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(s))
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297)
    Under 42 U.S.C. 6314, EPCA outlines the criteria and procedures DOE 
must follow in prescribing test procedures for covered equipment. EPCA 
requires that any test procedure prescribed or amended under this 
section must be reasonably designed to produce test results which 
reflect energy efficiency, energy use, and estimated operating costs of 
a type of industrial equipment (or class thereof) during a 
representative average use cycle (as determined by the Secretary), and 
shall not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) 
Before issuing a final test procedure, the Secretary shall publish the 
proposed test procedure in the Federal Register and afford interested 
persons an opportunity (of not less than 45 days' duration) to present 
oral and written data, views, and arguments on the proposed test 
procedures. (42 U.S.C. 6314(b))
    When the Secretary has issued a test procedure under section 6314 
of EPCA for a specific class of industrial equipment, the Secretary 
shall also prescribe a labeling rule for that equipment, subject to 
certain statutory criteria. (42 U.S.C. 6315(a)) EPCA establishes 
specific requirements for the labeling of classes of equipment, 
including electric motors, for which test procedures have been 
established. (42 U.S.C. 6315(a), (b) and (d)) The labeling rule shall 
provide that the labeling of any electric motor manufactured after the 
12-month period beginning on the date the Secretary prescribes such 
labeling rules, shall: (1) Indicate the energy efficiency of the motor 
on the permanent nameplate attached to such motor; (2) prominently 
display the energy efficiency of the motor in equipment catalogs and 
other material used to market the equipment; and (3) include such other 
markings as the Secretary determines necessary solely to facilitate 
enforcement of the standards established for electric motors under 
section 6313 of this title. (42 U.S.C. 6315(d)) DOE is publishing this 
final rule to establish a test procedure for DPPP motors pursuant to 
its authority under EPCA. As stated, DOE intends to address labeling in 
a separate notification.

[[Page 40767]]

B. Background

    DPPP motors are electric motors, which are defined as machines that 
convert electrical power into rotational mechanical power. 10 CFR 
431.12. DOE has established test procedures, labeling requirements, and 
energy conservation standards for certain electric motors (10 CFR part 
431, subpart B), but those requirements do not apply to DPPP motors 
subject to the testing requirements of this final rule. DPPP motors 
subject to the testing requirements of this final rule had not 
previously been subject to any Federal energy conservation standards, 
test procedures, or labeling requirements because they do not fall 
within any of the specific classes of electric motors that are 
currently regulated by DOE. \4\ However, DPPP motors are electric 
motors and, therefore, are and have been among the types of industrial 
equipment for which Congress has authorized DOE to establish applicable 
regulations under EPCA without need for DOE to undertake any additional 
prior administrative action.
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    \4\ The current energy conservation standards at 10 CFR 431.425 
apply to electric motors that satisfy nine criteria listed at 10 CFR 
431.425(g), subject to the exemptions listed at 10 CFR 431.25(l). 
The nine criteria are as follows: (1) Are single-speed, induction 
motors; (2) are rated for continuous duty (MG1) operation or for 
duty type S1 (IEC); (3) contain a squirrel-cage (MG1) or cage (IEC) 
rotor; (4) operate on polyphase alternating current 60-hertz 
sinusoidal line power; (5) are rated 600 volts or less; (6) have a 
2-, 4-, 6-, or 8-pole configuration; (7) are built in a three digit 
or four-digit NEMA frame size (or IEC metric equivalent), including 
those designs between two consecutive NEMA frame sizes (or IEC 
metric equivalent), or an enclosed 56 NEMA frame size (or IEC metric 
equivalent); (8) produce at least one horsepower (0.746 kW) but not 
greater than 500 horsepower (373 kW), and; (9) meet all of the 
performance requirements of one of the following motor types: A NEMA 
Design A, B, or C motor or an IEC Design N or H motor. The 
exemptions listed at 10 CFR 431.25(l) are: (1) Air-over electric 
motors; (2) component sets of an electric motor; (3) liquid-cooled 
electric motors; (4) submersible electric motors; and (5) inverter-
only electric motors.
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    As a general matter, DOE notes that 42 U.S.C. 6297, as applied to 
certain industrial equipment through 42 U.S.C. 6316(a), provides that 
Federal preemption applies to testing and labeling requirements of 
equipment covered under EPCA.\5\ See 42 U.S.C. 6297(a). Federal 
preemption also generally applies to energy use and energy efficiency 
or water use of covered products both before and after Federal energy 
conservation standards become effective. See 42 U.S.C. 6296(b)-(c). In 
the October 2020 NOPR, DOE discussed the historical backdrop of 
electric motor regulation and the statutory framework that indicates 
that covered equipment specified by Congress (in this case, electric 
motors) are subject to Federal preemption regardless of whether Federal 
energy conservation standards, labeling requirements, or test 
procedures have been established. 85 FR 62816, 62818. Accordingly, DOE 
notes that efforts by States to set energy conservation standards, test 
procedures, or labeling requirements for DPPP motors--or any other 
electric motor--are preempted as a matter of law.\6\
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    \5\ Both pumps (such as DPPPs) and electric motors are treated 
as covered industrial equipment under EPCA, thus providing the legal 
basis for DOE's authority to regulate these types of equipment. See 
42 U.S.C. 6311(1).
    \6\ EPCA defines an ``energy conservation standard'' as either a 
performance standard prescribing a minimum level of energy 
efficiency or a maximum quantity of energy use for a product or a 
design requirement for a product. See 42 U.S.C. 6311(18).
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    On January 18, 2017, DOE published a direct final rule establishing 
energy conservation standards for dedicated-purpose pool pumps 
(``DPPPs''). 82 FR 5650 (the ``January 2017 Direct Final Rule'').\7\ 
Acknowledging comments received in response to the direct final rule in 
support of regulating DPPP motors that would serve as replacement 
motors to the regulated pool pumps, DOE published a notice of public 
meeting and held a public meeting on August 10, 2017, to consider 
potential scope, definitions, equipment characteristics, and metrics 
for pool pump motors. 82 FR 30845 (July 3, 2017). DOE also requested 
comment on potential requirements for pool pump motors in a request for 
information (``RFI'') pertaining to test procedures for small electric 
motors and electric motors. 82 FR 35468, 35474 (July 31, 2017). On 
August 14, 2018, DOE received a petition submitted by a variety of 
entities (collectively, the ``Joint Petitioners'') \8\ requesting that 
DOE issue a direct final rule to establish prescriptive standards and a 
labeling requirement for DPPP motors (``Joint Petition'').\9\ The Joint 
Petitioners sought a compliance date of July 19, 2021, to align with 
the standards compliance date for DPPPs. (Id.) See also 82 FR 24218 
(May 26, 2017). DOE published a notice of the Joint Petition and sought 
comment on whether to proceed with the proposal, as well as any data or 
information that could be used in DOE's determination of whether to 
issue a direct final rule. 83 FR 45851 (September 11, 2018).\10\
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    \7\ DOE confirmed the adoption of the standards and the 
effective date and compliance date in a notice published on May 26, 
2017. 82 FR 24218. DOE also established a test procedure for DPPPs. 
82 FR 36858 (August 7, 2017).
    \8\ The Joint Petitioners are: The Association of Pool & Spa 
Professionals, Alliance to Save Energy, American Council for an 
Energy-Efficient Economy, Appliance Standards Awareness Project, 
Arizona Public Service, California Energy Commission, California 
Investor Owned Utilities, Consumer Federation of America, Florida 
Consumer Action Network, Hayward Industries, National Electrical 
Manufacturers Association, Natural Resources Defense Council, Nidec 
Motor Corporation, Northwest Power and Conservation Council, Pentair 
Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas 
ROSE (Ratepayers' Organization to Save Energy), Waterway Plastics, 
WEG Commercial Motors, and Zodiac Pool Systems.
    \9\ The Joint Petition is available at www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0014.
    \10\ Docket No. EERE-2017-BT-STD-0048, available at: 
www.regulations.gov/docket?D=EERE-2017-BT-STD-0048.
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    On December 12, 2018, representatives from APSP, NEMA, Nidec 
Motors, Regal Beloit, and Zodiac met with DOE to reiterate the need for 
implementation of the Joint Petition. (December 2018 Ex Parte Meeting, 
No. 42 at p. 1) \11\ On February 5, 2019, the Association of Pool & Spa 
Professionals (``APSP''), National Electrical Manufacturers Association 
(``NEMA''), Hayward, Pentair, Nidec Motors, Regal Beloit, WEG 
Commercial Motors, and Zodiac Pool Systems met with DOE to present an 
alternative approach to the Joint Petition, suggesting DOE propose a 
labeling requirement for DPPP motors. (February 2019 Ex Parte Meeting, 
No. 43 at p. 1) \12\ These interested parties specifically requested 
that DOE base the labeling requirement on a newly-available industry 
standard for pool pump motors published on July 1, 2019 (UL 1004-
10:2019, ``Pool Pump Motors''), a design standard that incorporates 
some of the proposals contained in the Joint Petition. (February 2019 
Ex Parte Slides, No. 43 at pp. 9-10) A follow-up memorandum was 
submitted to DOE on March 1, 2019, providing additional information 
related to UL 1004-10:2019. (March 2019 Ex Parte Memo, No. 44) The 
interested parties noted the timelines and costs that would be involved 
in

[[Page 40768]]

applying a label to the affected pool pump motors and the impacts 
flowing from past labeling efforts. (See generally Id. at 1-3.)
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    \11\ With respect to each of the ex parte communications noted 
in this document, DOE posted a memorandum submitted by the 
interested party/parties that summarized the issues discussed in the 
relevant meeting as well as its date and attendees, in compliance 
with DOE's Guidance on Ex Parte Communications. 74 FR 52795-52796 
(Oct. 14, 2009). The memorandum of the meeting as well as any 
documents given to DOE employees during the meeting were added to 
the docket as specified in that guidance. See Id. at 74 FR 52796.
    \12\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop the 
test procedure requirements for DPPP motors. (Docket No. EERE-2017-
BT-STD-0008, which is maintained at www.regulations.gov/#!docketDetail;D=EERE-2017-BT-STD-0008). The references are arranged 
as follows: (commenter, comment docket ID number, page of that 
document).
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    On October 5, 2020, DOE published a NOPR proposing to establish a 
test procedure and an accompanying labeling requirement for DPPP 
motors. 85 FR 62816. (``October 2020 NOPR'') Specifically, DOE proposed 
to incorporate by reference UL Standard 1004-10:2019 ``Outline of 
Investigation for Pool Pump Motors'' (``UL 1004-10:2019'') pertaining 
to DPPP definitions and marking requirements; require the use of CSA 
C747-09 (R2014), ``Energy Efficiency Test Methods for Small Motors'' 
(``CSA C747-09'') for testing the energy efficiency of DPPP motors; 
require the nameplate of a subject DPPP motor (1) to include the full-
load efficiency of the motor as determined under the proposed test 
procedure, and (2) if the DPPP motor is certified to UL-1004-10:2019, 
to include the statement, ``Certified to UL 1004-10:2019''; require 
that catalogs and marketing materials include the full-load efficiency 
of the motor; require manufacturers to notify DOE of the subject DPPP 
motor models in current production (according to the manufacturer's 
model number) and whether the motor model is certified to UL 1004-
10:2019; and require manufacturers to report to DOE the full-load 
efficiency of the subject DPPP motor models as determined pursuant to 
the proposed test procedure. Additionally, if a DPPP motor model is 
certified to UL 1004-10:2019, DOE proposed to require manufacturers to 
report the total horsepower and speed configuration of the motor model 
as provided on the nameplate pursuant to the UL certification. 85 FR 
62816, 62820.
    DOE received comments in response to the proposed test procedure 
and labeling requirements in the October 2020 NOPR from the interested 
parties listed in Table I.1.

              Table I-1--October 2020 NOPR Written Comments
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                                    Reference in this
           Commenter(s)                   NOPR           Commenter type
------------------------------------------------------------------------
Anonymous........................  Anonymous.........  NA.
Appliance Standards Awareness      ASAP, CFA, and      Efficiency
 Project, Consumer Federation of    FCAN.               Organizations.
 America, Florida Consumer Action
 Network.
California Energy Commission.....  CEC...............  State agency.
California Investor-Owned          CA IOUs...........  Utilities.
 Utilities.
Fluidra..........................  Fluidra...........  Pool Pump
                                                        Manufacturer.
Hayward Industries, Inc..........  Hayward...........  Pool Pump
                                                        Manufacturer.
Natural Resources Defense Council  NRDC..............  Efficiency
                                                        Organization.
Nidec Motor Corporation..........  Nidec.............  Motor
                                                        Manufacturer.
Northwest Energy Efficiency        NEEA and NWPCC....  Efficiency
 Alliance and Northwest Power and                       Organizations.
 Conservation Council.
Pentair Water Pool and Spa, Inc..  Pentair...........  Pool Pump
                                                        Manufacturer.
Regal Beloit America, Inc........  Regal Beloit......  Motor
                                                        Manufacturer.
Speck Pumps......................  Speck Pumps.......  Pool Pump
                                                        Manufacturer.
The Pool & Hot Tub Alliance and    PHTA and NEMA.....  Trade
 National Electrical                                    Association.
 Manufacturers Association.
Underwriters Laboratory LLC......  UL................  Laboratory.
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    In this final rule, DOE is not establishing a labeling requirement. 
DOE intends to address labeling separately. DOE may also consider 
energy conservation standards, but would do so separate from this 
rulemaking. Comments received specific to labeling or regarding energy 
conservation standards will be addressed, as appropriate to the extent 
that DOE addresses either of these issues in a separate notice or 
notices.
    The UL 1004-10:2019 standard referenced in the October 2020 NOPR 
has since been replaced by an American National Standards Institute 
(``ANSI'') approved 2020 version published on February 28, 2020. This 
version was ANSI-approved on January 23, 2020 and therefore, the latest 
version of the standard is UL 1004-10:2020 ``Standard for Safety for 
Pool Pump Motors'' (edition date February 28, 2020).

II. Synopsis of the Final Rule

    In this final rule, DOE is establishing a test procedure for DPPP 
motors. DOE is not, however, establishing separate labeling 
requirements or energy conservation standards for the DPPP motors 
within scope of the test procedure established in this final rule.
    In this final rule, DOE establishes subpart Z within 10 CFR part 
431, ``Dedicated-Purpose Pool Pump Motors,'' which:
     Specifies that the test procedure applies to ``subject 
DPPP motors'' (i.e., DPPP motors with a total horsepower (``THP'') of 
less than or equal to 5, but does not apply to: (i) DPPP motors that 
are polyphase motors capable of operating without a drive and 
distributed in commerce without a drive that converts single-phase 
power to polyphase power; (ii) waterfall pump motors; (iii) rigid 
electric spa pump motors, (iv) storable electric spa pump motors; (v) 
integral cartridge-filter pool pump motors, and (vi) integral sand-
filter pool pump motors);
     Incorporates by reference UL 1004-10:2020 ``Standard for 
Safety for Pool Pump Motors'' (``UL 1004-10:2020'') and reference the 
definitions of that industry standard; and
     Incorporates by reference CSA C747-09 as the energy 
efficiency test method for DPPP motors.
    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register.
    DOE notes that the use of the test procedure would not be required 
for Federal certification or labeling purposes until such time as DOE 
were to establish a label requirement or standards for DPPP motors, 
(see 42 U.S.C. 6315(d); 42 U.S.C. 6316(a); 42 U.S.C. 6295(s))) 
Accordingly, DOE concludes that this test procedure final rule would 
not impose added costs for DPPP motor manufacturers. DOE notes that, 
outside of these contexts, effective 180 days after an applicable test 
procedure for covered equipment is prescribed, any other 
representations by manufacturers, distributors, retailers, and private 
labelers about the energy consumption or cost of energy for these 
motors must be based on the use of that test procedure. (See 42 U.S.C. 
6314(d)(1))

[[Page 40769]]

III. Discussion

A. Scope of Applicability

    In the October 2020 NOPR, DOE proposed the scope of the test 
procedure and labeling requirements for DPPP motors to align with the 
scope of motors used in pool pumps that are subject to the standards 
and for which DOE has established an energy performance 
requirement,\13\ both in terms of capacity and categories of equipment 
(with the six exemptions). 85 FR 62816, 62820. See also 10 CFR 431.465. 
In response to the October 2020 NOPR, NEMA and PHTA supported 
establishing test procedures and a mandatory labeling requirements for 
the pool pump motors proposed in scope. (NEMA and PHTA, No. 57 at p. 4) 
Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck Pumps-Pool 
Products all supported NEMA and PHTA's comment regarding scope.\14\ 
(Fluidra, No. 56 at p. 1; Hayward, No. 62 at p. 2; Nidec, No. 58; 
Pentair, No. 67 at p. 1; Regal Beloit, No. 61 at p. 1; Speck Pumps-Pool 
Products, No. 65 at p. 1)
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    \13\ Integral cartridge filter pool pumps and integral sand 
filter pool pumps subject to standards do not have energy 
performance requirements. Instead, they must be distributed in 
commerce with a pool pump timer that is either integral to the pump 
or a separate component that is shipped with the pump. 10 CFR 
431.465(g).
    \14\ Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck 
Pumps-Pool Products commented in support of the comments submitted 
by NEMA and PHTA except where noted otherwise in this notice 
(Fluidra, No. 56 at p. 1; Hayward, No. 62 at p. 1; Nidec, No. 58; 
Pentair, No. 67 at p. 2; Regal Beloit, No. 61 at p. 1; Speck Pumps-
Pool Products, No. 65 at p. 1)
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    The scope of this final rule is that, as proposed in the October 
2020 NOPR. See 85 FR 62816, 62820-62821. As noted, this final rule does 
not establish a labeling requirement. The scope of this test procedure 
is all pool pump motors with a THP less than or equal to 5 THP, and 
excludes six categories of motors that correspond to the kinds of 
motors used in pool pumps for which DOE has not established performance 
standards. See 10 CFR 431.465. DOE notes that DPPP motors are not small 
electric motors as defined under EPCA.\15\ Therefore, the test 
procedure requirements apply to DPPP motors regardless of how the 
equipment is sold: i.e., whether incorporated in a DPPP or sold 
separately as a replacement part. The scope is the same as the scope 
recommended by the Joint Petitioners, which includes pool pump motors 
regardless of how they are sold--i.e., incorporated in pool pumps, 
individually sold, and without regard to whether the motor is 
manufactured domestically or imported. 83 FR 45851, 45855. The scope is 
also the same as the scope of UL 1004-10:2020. (See UL 1004-10:2020 
sec. 1.2, 1.3, 1.4) The exemptions, for which definitions are provided 
in UL 1004-10:2020, are listed as follows:
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    \15\ DPPP motors are not general-purpose motors and therefore do 
not meet the definition of small electric motors. 10 CFR 431.442. 
Certain DPPP motors have similar characteristics to small electric 
motors. They can be single-speed, NEMA 2-digit frame size, have open 
enclosures and can either be capacitor-start induction-run, 
capacitor-start capacitor-run or polyphase motors. However, these 
DPPP motors do not meet all the performance requirements in section 
1.05 of NEMA MG1-1987 for general purpose motors (i.e. service 
factor, breakdown torque, locked rotor torque); and/or are designed, 
marketed for use in pool pump application, or both. Therefore, they 
do not meet the definition of a small electric motor. Accordingly, 
EPCA's exclusion of small electric motors that are a component of a 
covered product or equipment type from the small electric motors 
energy conservation standards does not apply to DPPP motors. See 42 
U.S.C. 6317(b)(3).
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     Polyphase motors capable of operating without a drive and 
distributed in commerce without a drive that converts single-phase 
power to polyphase power,
     waterfall pump motors,
     rigid electric spa pump motors,
     storable electric spa pump motors,
     integral cartridge-filter pool pump motors, and
     integral sand-filter pool pump motors.
    The upper limit of 5 THP approximates the scope of the pool pumps 
subject to standards at 10 CFR 431.465(f), which has an upper bound of 
2.5 hydraulic horsepower (``HHP'').\16\ DOE already defines the term 
``dedicated-purpose pool pump motor total horsepower'' at 10 CFR 
431.462 and establishes how it is determined in section E.3.4 of 10 CFR 
part 431, subpart Y, appendix C. This approach is identical to the 
characterization of DPPP motor THP in UL 1004-10:2020 . (See UL 1004-
10:2020, sec. 2.6.) UL 1004-10:2020 also directs that the DPPP motor 
THP to be permanently marked on the nameplate. (See UL 1004-10:2020, 
sec. 7.1.)
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    \16\ A pool pump providing 2.5 HHP typically operates using a 5 
THP motor.
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    The exemption for polyphase motors applies to three-phase motors 
operating on three-phase power supply, which means that these motors 
are most commonly used in commercial applications and not in 
residential ones. (Residential applications commonly use single-phase 
power.) The exemptions for polyphase motors do not exempt three-phase 
motors operating on a single-phase power supply (by connecting the 
motor to a drive that converts single-phase power to three-phase 
power). This exemption ensures that DPPP motors used in pool pumps 
operating on three-phase power, which are not subject to energy 
performance requirements under 10 CFR part 431, subpart Y, are exempt 
from the testing requirements. The remaining five exemptions also 
exempt DPPP motors used in DPPPs that are not subject to energy 
performance requirements under 10 CFR part 431, subpart Y.
    As discussed, the scope of the test procedure requirements is 
consistent with the scope of motors used in pool pumps that are subject 
to standards and for which DOE has set an energy performance 
requirement, with the scope of UL 1004-10:2020, and with the scope 
recommendations of the Joint Petitioners.

B. Definitions

    In the October 2020 NOPR, DOE noted that UL 1004-10:2019 provides 
definitions for certain pool pump motors relevant to the marking and 
testing specifications provided in that industry test standard. 85 FR 
62816, 62821. DOE noted that while UL 1004-10:2019 was referenced in 
the Joint Petition, at the time, UL 1004-10:2019 was in the process of 
being developed and had not been finalized. Id. (See also Joint 
Petition, No. 14 at p.7) DOE presented the main deviations of the 
definitions finalized in UL 1004-10:2019 from those recommended by the 
Joint Petitioners in Table III-1 of the October 2020 NOPR. 85 FR 62816, 
62821-62822. DOE proposed to incorporate by reference definitions from 
UL 1004-10:2019 and requested comment on the proposal. 85 FR 62816, 
62822.
    In response to the October 2020 NOPR, UL commented that the 2019 
version of the UL 1004-10 standard referenced in the NOPR has been 
replaced by an American National Standards Institute (``ANSI'') 
approved 2020 version published on February 28, 2020, which includes 
minor editorial changes. UL also provided information on the ANSI 
standard approval process, which gathered broader feedback and gained 
consensus from several stakeholder types. (UL, No. 63 at pp. 1-2) The 
CA IOUs, NEMA and PHTA commented that DOE should incorporate by 
reference the UL 1004-10:2020 as it is the most recent version. (CA 
IOUs, No. 64 at p. 5; NEMA and PHTA, No. 57 at p. 4) NEMA and PHTA 
stated that the definitions in UL 1004-10:2020 were appropriate. NEMA 
and PHTA further referenced UL comments regarding the development 
process for UL 1004-10:2020, which NEMA and PHTA described as compliant 
with section 32 of the Federal Energy

[[Page 40770]]

Administration Act of 1974, as amended by the Federal Energy 
Administration Authorization Act of 1977 (15 U.S.C. 788; FEAA). (NEMA 
and PHTA, No. 57 at p. 4)
    As noted by commenters, UL 1004-10 was ANSI approved on January 23, 
2020 and the latest standard is UL 1004-10:2020 ``Standard for Safety 
for Pool Pump Motors'' (edition date February 28, 2020). DOE reviewed 
UL 1004-10:2020 and only identified minor editorial updates compared to 
UL 1004-10:2019 (See UL 1004-10:2020 sec 1.1, 2.1, 3.1, and 3.2) and 
did not identify any updates to the definitions. Therefore, in this 
final rule, DOE incorporates by reference UL 1004-10:2020 (see section 
III.D.3) and references the definitions published in that industry 
standard.
    In the October 2020 NOPR, DOE also proposed to rely on the term 
``manufacturer's model number,'' as currently defined in 10 CFR 431.2, 
as the identifier used by a manufacturer to uniquely identify the group 
of identical or essentially identical commercial equipment to which a 
particular unit belongs and which is generally applicable to commercial 
equipment. 85 FR 62816, 62822. The manufacturer's model number 
typically appears on equipment nameplates, in equipment catalogs and in 
other product advertising literature. 10 CFR 431.2. DOE proposed to 
require manufacturers to report to DOE the models in current production 
(according to the manufacturer's model number) to which the labeling 
requirement applies. 85 FR 62816, 62822. DOE requested comment on the 
proposed use of the term ``manufacturer's model number'' as defined at 
10 CFR 431.2 for the purpose of reporting to DOE. Id.
    NEMA and PHTA commented that a manufacturer's unique identifier is 
needed. NEMA and PHTA recommended that a catalog or model number be 
used to describe and track subject DPPP motors throughout the rule's 
requirements, as using the catalog or model number would significantly 
reduce the need for updates to the DOE database. (NEMA and PHTA, No. 57 
at p. 5) DOE did not receive any other comments regarding using the 
term ``manufacturer's model number.''
    DOE proposed a definition of ``manufacturer's model number'' in the 
context of the proposed reporting required in conjunction with the 
proposed labeling requirement. As DOE is not adopting a labeling 
requirement in this final rule, DOE is not adopting the use of the term 
``manufacturer's model number'' in this final rule.

C. Test Procedures

    As discussed in section I.A.1, EPCA provides for the establishment 
of a test procedure for covered equipment. (42 U.S.C. 6314(a)) The test 
procedure must be reasonably designed to produce results reflecting the 
energy efficiency, energy use, and estimated operating costs of the 
covered equipment and not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) While EPCA includes specific test procedure-related 
requirements for electric motors, these requirements are limited to 
those motors for which standards are applicable. (See 42 U.S.C. 
6314(a)(5)) As there are currently no energy conservation standards for 
DPPP motors, these specific requirements do not apply.
    In the October 2020 NOPR, consistent with the statutory framework, 
DOE proposed to incorporate by reference CSA C747-09 (R2014) (published 
October 1, 2009 and reaffirmed in 2014) as the prescribed test method 
for evaluating the energy efficiency of the pool pump motors in scope. 
85 FR 62816, 62822. This industry-based test procedure, which is 
already prescribed by DOE as an alternative testing method for 
evaluating the efficiency of certain small electric motors, can be 
applied to the range of electric motors that are used in DPPPs--
including both single-, two-,multi-, and variable-speed DPPP motors. 
CSA C747-09 provides for the direct measurement of electrical input 
power to the motor (or to the drive, as applicable) \17\ and mechanical 
output power (in the form of torque and speed) from the motor (i.e., 
``input-output'' test), and for the calculation of efficiency as the 
ratio of these two values at different load points. 85 FR 62816, 62822. 
CSA C747-09 provides that the test method is applicable to motors with 
drives (also known as ``inverters'' or ``converters''), such as 
variable-speed drives (see Section 1 and Section 4 of CSA C747-09), and 
two- and multi-speed motors (see Section 6.6 and 6.7.1 of CSA C747-09), 
which is inclusive of the scope of DPPP motors. CSA 747-09 is a 
commonly used industry test method that is reasonably designed to 
produce results reflecting the energy efficiency, energy use, and 
estimated operating cost of DPPP motors and is not unduly burdensome to 
conduct.
---------------------------------------------------------------------------

    \17\ UL 1004-10:2020 defines a drive as ``a power converter, 
such as a variable-speed drive or phase converter'' Section 2.7 of 
UL 1004-10:2020.
---------------------------------------------------------------------------

    In response to the October 2020 NOPR, CA IOUs, NEMA and PHTA 
commented that CSA C747-09 was the appropriate test standard for DPPP 
motors and agreed with DOE's proposal to incorporate by reference CSA 
C747-09. (CA IOUs, No. 64 at p. 5; NEMA and PHTA, No. 57 at p. 5) DOE 
did not receive any comments opposed to the incorporation by reference 
of CSA C747-09. Accordingly, in this final rule, DOE incorporates CSA 
C747-09 by reference at 10 CFR 431.482 as the prescribed test method 
for evaluating the energy efficiency of the pool pump motors in scope.

D. Metric

    In the October 2020 NOPR, DOE noted that section 6.5 of CSA C747-09 
specifies that the motor efficiency must be measured at no fewer than 
five load points \18\ and proposed that the energy efficiency metric 
for pool pump motors to be the full-load efficiency,\19\ consistent 
with current industry practice. 85 FR 62816, 62822.
---------------------------------------------------------------------------

    \18\ As specified in section 6.5 of CSA C747-09, the motor 
efficiency is measured at no fewer than five load points in total, 
with at least four of which being between 25% and 100% of full-load, 
and at least one of which being between 100% and 125% of full-load.
    \19\ For variable-speed motors, Section 3 of CSA C747-09 defines 
``full-load'' as the rated output power at the speed specified by 
the manufacturer. For all other motors, it is defined as the rated 
horsepower of the motor (i.e. the horsepower indicated on its 
nameplate).
---------------------------------------------------------------------------

    The CA IOUs commented that the full-load efficiency metric would 
provide consumer utility when combined with the UL certification 
because it would indicate that the pool pump would be suitable for use 
or replacement in one of those products. (CA IOUs, Public Meeting 
Transcript, No. 55 at p. 62)
    NEMA and PHTA commented in support of using the full-load 
efficiency as determined by CSA C747-09 as the metric. However, NEMA 
and PHTA noted that CSA C747-09 measures an efficiency that includes 
the losses of both the motor and the drive (or ``control''). As such, 
NEMA and PHTA recommended that the metric be described as a ``motor 
system efficiency'' (i.e., combined motor and drive efficiency) and not 
as a motor efficiency. (NEMA and PHTA, No. 57 at p. 5) CA IOUs also 
recommended describing the metric as a motor system efficiency. (CA 
IOUs, No. 64 at pp. 5-6)
    Nidec, however, commented that full-load efficiency is not an 
appropriate metric for pool pump motors and asserted that it does not 
capture the energy saving benefits of variable-speed pool pump motors. 
Nidec commented that the full-load efficiency of a non-UL 1004-10:2020-
compliant single-speed pool pump motor measured in accordance with CSA 
C747-09 could be

[[Page 40771]]

higher than the efficiency of a UL 1004-10:2020-compliant variable-
speed motor, for which the full-load efficiency metric includes the 
losses of the integrated drive.\20\ Nidec asserted that requiring a 
full-load efficiency metric on the motor nameplate would be confusing 
to the end-user and is detrimental to the success of implementing the 
rule. (Nidec, No. 58) Similarly, Regal Beloit commented that a full-
load efficiency metric would not be effective in assisting consumers in 
making purchasing decisions if single-speed motors are still allowed on 
the market. (Regal Beloit, Public Meeting Transcript, No. 55 at pp. 49-
50)
---------------------------------------------------------------------------

    \20\ For example, a motor could have a full-load efficiency of 
70 percent compared to a motor (70 percent full-load efficiency) and 
integrated controls (95 percent full-load efficiency) with a full-
load efficiency of 70 x 95 = 66.5 percent. (Nidec, No. 58)
---------------------------------------------------------------------------

    The definitions related to DPPP motors incorporated into this final 
rule includes ``variable-speed control DPPP motors.'' A DPPP motor, 
including a variable-speed control DPPP motor, may include a drive 
which could be physically combined with the motor into a single unit, 
may include a drive that is physically separate from the DPPP motor, or 
may not include a drive but the motor is unable to operate without a 
drive. UL 1004-10:2020 defines a ``drive'' as ``a power converter such 
as a variable-speed drive or phase converter.'' (UL 1004-10:2020 sec. 
2.7.) The term ``drive'' is used to describe the category of speed 
controls used in variable-speed control DPPP motors and certain two- 
and multi-speed DPPP motors. (See UL 1004-10:2020 sec. 2.11, 2.15, 
2.16.) When testing motors with drives, the drive cannot always be 
tested separately from the motor.
    As stated, DOE proposed to incorporate by reference CSA C747-09 as 
the prescribed test method for evaluating the energy efficiency of the 
pool pump motors in scope. 85 FR 62816, 62822-62823. When the motor 
requires a drive to operate, CSA C747-09 provides that testing includes 
testing of the drive (see Section 4 of CSA C747-09).\21\ Based on its 
review of catalogs, DOE has determined that DPPP motors that operate 
with a drive, either have an integrated drive, or are sold in 
conjunction with a drive (including when the motor is unable to operate 
without a drive).\22\ NEMA, PHTA, and the CA IOUs, stated manufacturers 
test DPPP motors with drives inclusive of the drive. As such, the 
measured full-load efficiency of the DPPP motor includes the efficiency 
of the drive if a drive is integrated into the motor, or the motor 
cannot operate without the presence of a drive.
---------------------------------------------------------------------------

    \21\ CSA C747-09 uses the term ``inverter'' motor and 
``converter,'' but as evidenced by the definition in UL 1004-
10:2020, a ``converter'' and drive are synonymous. NEMA MG 1-2016, 
``American National Standard for Motors and Generators'' paragraph 
30.2.1.5 defines the term ``control'' as ``devices that are also 
called inverters and converters''.
    \22\ As the DPPP motors are replacement motors, absent a 
specific drive identified, the applicable drive would be that in the 
dedicated-purpose pool pump for which the motor serves as a 
replacement.
---------------------------------------------------------------------------

    This final rule maintains the ``full-load efficiency'' as the 
description of the metric for DPPP motors. DOE is concerned that the 
term ``motor system efficiency,'' or some variant, could be 
misunderstood to mean that the measured value includes the efficiency 
of components other than the DPPP motor (e.g., as inclusive of the pool 
pump). In addition, not all DPPP motors include a drive (e.g., single-
speed DPPP motors).
    To address stakeholder concerns regarding the description of the 
metric and to reflect the inclusion of the drive, as appropriate, DOE 
is clarifying that the measured full-load efficiency of the DPPP motor 
is inclusive of the drive if the DPPP motor is placed into commerce 
with a drive or is unable to operate without the presence of a drive. 
In addition, the provisions of section 4 of CSA C747 would still apply, 
and DOE adds that the measured full-load efficiency of the DPPP motor 
is also inclusive of the drive if the DPPP motor requires a drive to 
operate, regardless of whether the DPPP motor is sold with a drive.

E. Harmonization With Industry Standards

    On February 14, 2020, DOE finalized its rule, ``Procedures for Use 
in New or Revised Energy Conservation Standards and Test Procedures for 
Consumer Products and Commercial/Industrial Equipment'' (``the Process 
Rule''). 85 FR 8626. The Process Rule requires DOE to adopt industry 
test standards as DOE test procedures for covered products and 
equipment, unless such methodology would be unduly burdensome to 
conduct or would not produce test results that reflect the energy 
efficiency, energy use, water use (as specified in EPCA) or estimated 
operating costs of that equipment during a representative use cycle. 
Section 8(c) of appendix A 10 CFR part 430 subpart C; 10 CFR 431.4.\23\ 
In cases where the industry standard does not meet EPCA statutory 
criteria for test procedures, DOE will make modifications through the 
rulemaking process to these standards as the DOE test procedure.
---------------------------------------------------------------------------

    \23\ This practice implements the National Technology Transfer 
and Advancement Act and OMB Circular A-119 with respect to the 
adoption of industry standards. (See 85 FR 8679-8680).
---------------------------------------------------------------------------

    The test procedures for DPPP motors at new subpart Z to part 431 
incorporates by reference the test standard CSA C747-09 (reaffirmed in 
2014), Energy Efficiency Test Methods for Small Motors, without 
modification. CSA C747-09 is an industry-accepted test procedure that 
measures the energy efficiency of certain motors, and is applicable to 
DPPP motors in scope sold in North America. CSA C747-09 includes 
specifications for the test setup, instrumentation, test conduct, and 
calculations. DOE also incorporates by reference UL 1004-10:2020, 
Standard for Safety for Pool Pump Motors, without modification, to 
reference the definitions published in the same standard. UL 1004-
10:2020 establishes definitions and marking requirements for certain 
pool pump motors and describes methods to verify the information 
conveyed by those required markings.

F. Effective Date

    EPCA prescribes that, if DOE establishes or amends a test 
procedure, all representations of energy efficiency and energy use, 
including those made on marketing materials and product labels, must be 
made in accordance with that test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6314(d)(1))
    If DOE were to establish a new, or amend an existing test 
procedure, EPCA provides an allowance for individual manufacturers to 
petition DOE for an extension of the 180-day period to begin making 
representations if the manufacturer may experience undue hardship in 
meeting the deadline. (42 U.S.C. 6314(d)(2)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)
    DOE received a number of comments involving the effective and 
compliance dates focusing on the labeling requirements proposed in the 
October 2020 NOPR. As DOE is not finalizing that aspect of the October 
2020 NOPR, DOE will address those comments in a future rulemaking 
regarding the labeling requirements.
    The effective date for the established test procedure will be 30 
days after publication of this final rule in the Federal Register. The 
test procedure established in this final rule does not require 
manufacturers to test DPPP

[[Page 40772]]

motors for certification of compliance with standards or labeling 
requirements. But when manufacturers, distributors, retailers, and 
private labelers make any representations respecting the energy 
consumption or cost of energy consumed by DPPP motors, such 
representations must be made in accordance with the test procedure. 
(See 42 U.S.C. 6314(d)(1))

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined this 
test procedure rulemaking does not constitute a ``significant 
regulatory action'' under section 3(f) of Executive Order (``E.O.'') 
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
order by the Office of Information and Regulatory Affairs (``OIRA'') in 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. As required by Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 
67 FR 53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: https://energy.gov/gc/office-general-counsel.
    In this final rule, DOE establishes a test procedure for DPPP 
motors. This final rule does not establish a labeling requirement and 
DOE intends to address any such labeling requirement in a separate 
notice. Further, this final rule does not establish energy conservation 
standards for DPPP motors. Were DOE to consider energy conservation 
standards for this equipment, it would do so in a separate rulemaking.
    DOE reviewed this final rule to establish a test procedure for DPPP 
motors under the provisions of the Regulatory Flexibility Act and the 
procedures and policies published on February 19, 2003. DOE uses the 
Small Business Administration's (SBA) small business size standards to 
determine whether manufacturers qualify as small businesses, which are 
listed by the North American Industry Classification System (NAICS). 
The SBA considers a business entity to be a small business, if, 
together with its affiliates, it employs less than a threshold number 
of workers specified in 13 CFR part 121. The 2017 NAICS code for DPPP 
motors is 335312, motor and generator manufacturing. The threshold 
number for NAICS code 335312 is 1,250 employees.\24\ This employee 
threshold includes all employees in a business's parent company and any 
other subsidiaries.
---------------------------------------------------------------------------

    \24\ www.sba.gov/document/support-table-size-standards. Last 
accessed on December 11, 2020.
---------------------------------------------------------------------------

    As previously stated, use of the test procedure would not be 
required until such time as DOE were to establish a label requirement 
or energy conservation standards for DPPP motors. (See, 42 U.S.C. 
6315(d) and 42 U.S.C. 6314(a)(5)(A), respectively) Accordingly, 
manufacturers would only incur costs if/when DOE were to establish a 
labeling and/or energy conservation standards for DPPP motors. 
Therefore, DOE estimates that the adopted test procedure would not 
result in any DPPP motor manufacturer, large or small, to incur any 
additional costs.
    Therefore, DOE certifies that the impacts of the adopted test 
procedure requirement in this final rule would not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an FRFA is not warranted. DOE has transmitted the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of electric motors must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including electric motors. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. This final rule does not establish any 
certification or recordkeeping requirements on manufacturers. 
Notwithstanding any other provision of the law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969 
(``NEPA''), DOE has analyzed this proposed action in accordance with 
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE 
has determined that this rule qualifies for categorical exclusion under 
10 CFR part 1021, subpart D, appendix A5, because it is an interpretive 
rulemaking that does not change the environmental effect of the rule 
and meets the requirements for application of a CX. See 10 CFR 
1021.410. Therefore, DOE has determined that promulgation of this rule 
is not a major Federal action significantly affecting the quality of 
the human environment within the meaning of NEPA, and does not require 
an Environmental Assessment or an Environmental Impact Statement.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy

[[Page 40773]]

describing the intergovernmental consultation process it will follow in 
the development of such regulations. 65 FR 13735. DOE examined this 
final rule and determined that it will not have a substantial direct 
effect on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this final rule. 
States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988, ``Civil Justice Reform''

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at https://energy.gov/gc/office-general-counsel. DOE examined this 
final rule according to UMRA and its statement of policy and determined 
that the rule contains neither an intergovernmental mandate, nor a 
mandate that may result in the expenditure of $100 million or more in 
any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Public Law 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. This final rule will not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

[[Page 40774]]

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Public Law 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of 
the Federal Energy Administration Act of 1974, as amended by the 
Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 
788; FEAA) Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (FTC) concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for DPPP motors adopted in 
this final rule incorporates testing methods contained the following 
commercial standards: UL 1004-10:2020 and CSA C747-09. DOE has 
evaluated these standards and is unable to conclude whether it fully 
complies with the requirements of section 32(b) of the FEAA (i.e., 
whether it was developed in a manner that fully provides for public 
participation, comment, and review.) DOE has consulted with both the 
Attorney General and the Chairman of the FTC about the impact on 
competition of using the methods contained in these standards and has 
received no comments objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the test standard 
published by CSA, titled, Energy Efficiency Test Methods for Small 
Motors, CSA C747-09 (reaffirmed in 2014, including Update 1). CSA C747-
09 is an industry-accepted test procedure that measures the energy 
efficiency of certain motors, and is applicable to pool pump motors in 
scope sold in North America. The test procedure references various 
sections of CSA C747-09 that address test setup, instrumentation, test 
conduct, and calculations. CSA C747-09 is readily available at CSA's 
website at https://webstore.ansi.org/standards/csa/csac74709.
    In this final rule, DOE also incorporates by reference the standard 
published by UL, titled, Standard For Safety for Pool Pump Motors, UL 
1004-10:2020. UL 1004-10:2020 establishes definitions for certain pool 
pump motors and describes methods to verify the information conveyed by 
those required markings. UL 1004-10:2020 is readily available at UL's 
website at www.shopulstandards.com/ProductDetail.aspx?productId=UL1004-10_1_S_20200228.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, Reporting and recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on July 19, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on July 20, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends part 431 of 
chapter II of title 10, Code of Federal Regulations as follows:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Section 431.11 is amended by adding a sentence at the end of the 
paragraph to read as follows:


Sec.  431.11   Purpose and scope.

    * * * This subpart does not cover electric motors that are 
``dedicated-purpose pool pump motors,'' which are addressed in subpart 
Z of this part.

0
3. Section 431.441 is amended by adding a sentence at the end of the 
paragraph to read as follows:


Sec.  431.441   Purpose and scope.

    * * * This subpart does not cover electric motors that are 
``dedicated-purpose pool pump motors,'' which are addressed in subpart 
Z of this part.

0
4. Add subpart Z, consisting of Sec. Sec.  431.481 through 431.484, to 
read as follows:
Subpart Z--Dedicated-Purpose Pool Pump Motors
Sec.
431.481 Purpose and scope.
431.482 Materials incorporated by reference.
431.483 Definitions.
431.484 Test procedure.


Sec.  431.481  Purpose and scope.

    (a) Purpose. This subpart contains definitions and test procedures 
requirements for electric motors that are dedicated-purpose pool pump 
motors, pursuant to Part A-1 of Title III of the Energy Policy and 
Conservation Act, as amended, 42 U.S.C. 6311-6317. It also identifies 
materials incorporated by reference in this part. This subpart does not 
cover other ``electric motors,'' which are addressed in subpart B of 
this part, nor does it cover ``small electric motors,'' which are 
addressed in subpart X of this part.
    (b) Scope. The requirements of this subpart apply to dedicated-
purpose pool pump motors, as specified in paragraphs 1.2, 1.3 and 1.4 
of UL 1004-10:2020 (incorporated by reference, see Sec.  431.482).
    (c) Incorporation by reference. In Sec.  431.482, DOE incorporates 
by reference entire standards for use in this subpart; however, only 
the provisions of the document enumerated in an approved section are 
applicable within Sec.  431.482.


Sec.  431.482  Materials incorporated by reference.

    (a) General. Certain material is incorporated by reference into 
this subpart with the approval of the Director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition

[[Page 40775]]

other than that specified in this section, DOE must publish a document 
in the Federal Register and the material must be available to the 
public. Standards can be obtained from the sources in this section. All 
approved material is available for inspection at the U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, sixth Floor, 950 L'Enfant Plaza SW, Washington, 
DC 20024, (202) 586-2945, https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program, and may be obtained from the 
other sources in this section. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email: 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) CSA. Canadian Standards Association, Sales Department, 5060 
Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-
463-6727, or https://www.csagroup.org/store.
    (1) CSA C747-09 (Reaffirmed 2014) (``CSA C747-09''), ``Energy 
efficiency test method for small motors'' as revised through August 
2016, including Update No. 1; IBR approved for Sec.  431.484.
    (2) [Reserved]
    (c) UL. Underwriters Laboratories, 333 Pfingsten Road, Northbrook, 
IL 60062, (841) 272-8800, or go to https://www.ul.com.
    (1) UL 1004-10 (1004-10:2020), ``Standard for Safety for Pool Pump 
Motors,'' First Edition, Dated February 28, 2020; IBR approved for 
Sec. Sec.  431.481 and 431.483.
    (2) [Reserved]


Sec.  431.483  Definitions.

    The definitions applicable to this subpart are defined in Section 2 
``Glossary'' of UL 1004-10:2020 (incorporated by reference, see Sec.  
431.482).


Sec.  431.484  Test procedure.

    (a) Scope. Pursuant to section 343(a) of EPCA, this section 
provides the test procedures for measuring the efficiency of dedicated-
purpose pool pump motors. (42 U.S.C. 6314) For purposes of this part 
and EPCA, the test procedures for measuring the efficiency of 
dedicated-purpose pool pump motors shall be the test procedure 
specified in paragraph (b) of this section.
    (b) Testing and calculations. At such time as compliance is 
required with a labeling requirement or an energy conservation 
standard, the full-load efficiency of each dedicated-purpose pool pump 
motor model (inclusive of the drive, if the dedicated-purpose pool pump 
motor model is placed into commerce with a drive, or is unable to 
operate without the presence of a drive) is determined in accordance 
with CSA C747-09, Section 1.6 ``Scope'', Section 3 ``Definitions'', 
Section 4 ``General requirements'', Section 5, ``General test 
requirements'', and Section 6 ``Test method'' (incorporated by 
reference, see Sec.  431.482).

[FR Doc. 2021-15759 Filed 7-28-21; 8:45 am]
BILLING CODE 6450-01-P