[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59887-59889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23595]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2014-BT-CE-0019]
RIN 1904-AD25


Energy Conservation Program: Certification, Compliance, Labeling, 
and Enforcement for Electric Motors and Small Electric Motors; 
Withdrawal

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'') 
is withdrawing a notice of proposed rulemaking (NOPR) issued on June 
24, 2016 that proposed to revise its certification, compliance, and 
enforcement regulations for electric motors and small electric motors 
to conform to the enforcement regulations for all other covered 
products and equipment and to consolidate, to a limited extent, the 
certification and compliance regulations for electric motors and small 
electric motors with those for other types of covered products and 
equipment.

DATES: The proposed rule that published in the Federal Register on June 
24, 2016 at 81 FR 41377 is withdrawn as of October 29, 2021.

ADDRESSES: The docket for this rulemaking, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at www.regulations.gov. 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

[[Page 59888]]

information that is exempt from public disclosure.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2014-BT-CE-0019. The docket web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: [email protected].
    Ms. Lucy Lee, U.S. Department of Energy, Office of the General 
Counsel, GC-32, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6395. Email: [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act of 1975, as amended (``EPCA'' or, in context, ``the 
Act'') sets forth a variety of provisions designed to improve energy 
efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides for the 
Energy Conservation Program for Consumer Products Other Than 
Automobiles. The National Energy Conservation Policy Act (NECPA), 
Public Law 95-619, amended EPCA to add Part C of Title III, which 
established an energy conservation program for certain industrial 
equipment. (42 U.S.C. 6311-6317) \1\ Included among the various 
equipment types addressed by EPCA \2\ are electric motors and small 
electric motors.
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    \1\ For editorial reasons, Parts B (consumer products) and C 
(commercial equipment) of Title III of EPCA were codified as parts A 
and A-1, respectively, in the United States Code.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
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    As relevant here, DOE's energy conservation program under EPCA 
consists essentially of four parts: (1) Testing, (2) labeling, (3) 
Federal energy conservation standards, and (4) certification and 
enforcement procedures. The testing requirements consist of test 
procedures that manufacturers of covered products and covered equipment 
must use as the basis for: (1) Certifying to DOE that their products 
comply with the applicable energy conservation standards adopted under 
EPCA; and (2) making representations about the efficiency of those 
products. Similarly, DOE must use these test procedures to determine 
whether the products comply with any relevant standards promulgated 
under EPCA.\3\ Further, 42 U.S.C. 6299-6305, 6316, and 6317 authorize 
DOE to enforce compliance with the energy conservation standards 
related to a variety of consumer products and commercial equipment, 
including electric motors and small electric motors.
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    \3\ The test procedures for electric motors are described in 
appendix B to subpart B of 10 CFR part 431; the test procedures for 
small electric motors are described in 10 CFR 431.444.
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    On June 24, 2016, DOE published a notice of proposed rulemaking 
(NOPR) proposing to revise its certification and enforcement 
regulations for electric motors and small electric motors. 81 FR 41377. 
DOE proposed to: (1) Move and amend certification and sampling 
provisions for electric motors to 10 CFR 429.12 and 10 CFR 429.63, (2) 
replace the currently used compliance certification number with a new 
manufacturer's identification number (3) move the sampling and 
certification testing provisions for small electric motors to 10 CFR 
429.12 and 10 CFR 429.64, (4) add certification provisions specific to 
small electric motors to 10 CFR 429.64, (5) move and amend existing 
AEDM provisions for electric motors and for small electric motors to 10 
CFR 429.70, (6) move and amend the administrative process for 
recognizing certification programs to new sections 10 CFR 429.73 and 10 
CFR 429.75, (7) add an administrative process for recognizing testing 
laboratories, either directly or through recognition of accreditation 
organizations, to new sections 10 CFR 429.74 and 10 CFR 429.75, (8) 
move the electric motor labeling requirements from 10 CFR 431.31 to 10 
CFR 429.76, (9) add labeling requirements for small electric motors, 
(10) add a definition for ``independent'' to describe how DOE would 
evaluate the independence of testing laboratories and certification 
programs, (11) revise the definition of basic model for electric motors 
and small electric motors, (12) add a definition for ``equipment 
class'', (13) remove definitions related to accreditation as a result 
of the proposed changes regarding laboratory accreditation, (14) apply 
the enforcement procedure found at subpart C of part 429 to electric 
motors and small electric motors, (15) address how to treat electric 
motors and small electric motors that are capable of operation at 
multiple voltages, and (16) clarify the exclusion for small electric 
motors found at 42 U.S.C. 6317(b)(3).
    DOE received negative comment on a variety of its proposals, and 
DOE had expected to solicit further comment on those issues. For the 
proposals on which DOE received supportive comment, DOE prepared a 
final rule, which was issued on January 11, 2017 (``pre-publication 
final rule''). On January 20, 2017, the heads of executive departments 
were directed to withdraw any rules immediately that were not yet 
published. 82 FR 8346 (January 24, 2017). Accordingly, DOE withdrew the 
pre-publication final rule from the Federal Register for further 
review. On March 9, 2017, NEMA requested that DOE not return the pre-
publication final rule to the Federal Register for publication. The 
pre-publication final rule was never published in the Federal Register.
    In the intervening time, DOE has undertaken a few different 
rulemakings and activities related to electric motors and small 
electric motors. For example, DOE published a final rule pertaining to 
test procedures for electric motors and small electric motor. 86 FR 4 
(January 4, 2021). DOE also classified North Carolina Advanced Energy 
Corporation as a nationally recognized certification program. 85 FR 
40270 (July 6, 2020).
    In addition, Issue 14 from the NOPR is now being addressed through 
a new enforcement rulemaking. See Docket EERE-2019-BT-CE-0015 
(available at https://www.regulations.gov/docket?D=EERE-2019-BT-CE-0015). On that issue, DOE published a notice of proposed rulemaking 
proposing changes to enforcement procedures for all products, including 
electric motors and small electric motors. 85 FR 53691 (August 31, 
2020).
    Over four years have passed since the drafting of the pre-
publication final rule and even more time has passed since DOE received 
comment on its proposals. In addition, commenters opposed the 
publication of the pre-publication final rule in the Federal Register.
    After consideration of comments and the prolonged interlude since 
the publication of DOE's proposals, the Department is withdrawing this 
rulemaking proposal. The purpose of this rulemaking was to provide more 
consistency in DOE's certification and enforcement regulations across 
all types of covered products and covered equipment. It was also 
intended to provide greater clarity with respect to a number of issues 
industry and test facilities had raised. While the Department believes 
that there is a benefit to addressing certification of electric motors 
and small electric motors, DOE also takes seriously industry concerns 
about the potential burden of this proposal. DOE also notes that the 
enforcement regulations will be

[[Page 59889]]

addressed through a different rulemaking.
    Accordingly, DOE withdraws the June 24, 2016 NOPR published at 81 
FR 41377.

Signing Authority

    This document of the Department of Energy was signed on October 26, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on October 26, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-23595 Filed 10-28-21; 8:45 am]
BILLING CODE 6450-01-P