[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Proposed Rules]
[Pages 23471-23474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08441]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / 
Proposed Rules  

[[Page 23471]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2022-BT-STD-0014]
RIN 1904-AF39


Energy Conservation Program: Energy Conservation Standards for 
Certain Commercial and Industrial Equipment; Small Electric Motors

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking a 
review for amended energy conservation standards for small electric 
motors to determine whether to amend applicable energy conservation 
standards for this equipment. Specifically, through this request for 
information (``RFI''), DOE seeks data and information to evaluate 
whether amended energy conservation standards would result in 
significant savings of energy; be technologically feasible; and be 
economically justified. DOE welcomes written comments from the public 
on any subject within the scope of this document (including those 
topics not specifically raised in this RFI), as well as the submission 
of data and other relevant information concerning this RFI.

DATES: Written comments and information are requested and will be 
accepted on or before May 20, 2022.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2022-BT-STD-0014. Follow the instructions for submitting 
comments. Alternatively, comments may be submitted by email to 
[email protected]. Include docket number EERE-2022-
BT-STD-0014 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including the Federal eRulemaking 
Portal, email, postal mail and hand delivery/courier, the Department 
has found it necessary to make temporary modifications to the comment 
submission process in light of the ongoing corona virus 2019 (``COVID-
19'') pandemic. DOE is currently suspending receipt of public comments 
via postal mail and hand delivery/courier. If a commenter finds that 
this change poses an undue hardship, please contact Appliance Standards 
Program staff at (202) 586-1445 to discuss the need for alternative 
arrangements. Once the COVID-19 pandemic health emergency is resolved, 
DOE anticipates resuming all of its regular options for public comment 
submission, including postal mail and hand delivery/courier.
    Docket: The docket for this activity, 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, some 
documents listed in the index, such as those containing information 
that is exempt from public disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-STD-0014. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III for information on how to submit comments through 
www.regulations.gov.

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].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-8145. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking History
    C. Deviation From Appendix A
II. Request for Information
    A. Significant Savings of Energy
    B. Technological Feasibility
    C. Economic Justification
III. Submission of Comments

I. Introduction

    DOE has established a review process to conduct a more focused 
analysis to evaluate, based on statutory criteria, whether a new or 
amended energy conservation standard is warranted. Based on the 
information received in response to the RFI and DOE's own analysis, DOE 
will determine whether to proceed with a rulemaking for a new or 
amended energy conservation standard. If DOE makes an initial 
determination that a new or amended energy conservation standard would 
satisfy the applicable statutory criteria or DOE's analysis is 
inconclusive, DOE would undertake the preliminary stages of a 
rulemaking to issue a new or amended energy conservation standard. If 
DOE makes an initial determination based upon available evidence that a 
new or amended energy conservation standard would not meet the 
applicable statutory criteria, DOE would engage in a notice and comment 
rulemaking before issuing a final determination that new or amended 
energy conservation standards are not warranted.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
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-

[[Page 23472]]

6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title 
IV, section 441(a) (42 U.S.C. 6311-6317, as codified), established the 
Energy Conservation Program for Certain Industrial Equipment, which 
sets forth a variety of provisions designed to improve energy 
efficiency. This equipment includes small electric motors (``SEMs''), 
the subject of this document. (42 U.S.C. 6311(13)(G); 42 U.S.C. 
6317(b))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6316; 42 U.S.C. 6296).
    EPCA directed DOE to establish a test procedure for those SEMs for 
which DOE determined that energy conservation standards would (1) be 
technologically feasible and economically justified and (2) result in 
significant energy savings. (42 U.S.C. 6317(b)(1)) Manufacturers of 
covered equipment must use the Federal test procedures 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)). The DOE 
test procedures for SEMs appear at 10 CFR part 431, subpart X.
    EPCA further directed DOE to prescribe energy conservation 
standards for those SEMs for which test procedures were established. 
(42 U.S.C. 6317(b)(2)) Additionally, EPCA prescribed that any such 
standards shall not apply to any SEM which is a component of a covered 
product under 42 U.S.C. 6292(a) or covered equipment under 42 U.S.C. 
6311 of EPCA. (42 U.S.C. 6317(b)(3)) Federal energy efficiency 
requirements for covered equipment established under EPCA generally 
supersede State laws and regulations concerning energy conservation 
testing, labeling, and standards. (See 42 U.S.C. 6316(a) and (b); 42 
U.S.C. 6297(a)-(c)).
    EPCA requires that, not later than 6 years after the issuance of 
any final rule establishing or amending a standard, DOE evaluate the 
energy conservation standards for each type of covered equipment, 
including those at issue here, and publish either a notice of 
determination that the standards do not need to be amended, or a NOPR 
that includes new proposed energy conservation standards (proceeding to 
a final rule, as appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 
6295(m)(1)). EPCA further provides that, not later than 3 years after 
the issuance of a final determination not to amend standards, DOE must 
make a new determination not to amend the standards or issue a NOPR 
including new proposed energy conservation standards. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a 
determination is based publicly available and provide an opportunity 
for written comment. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(2))
    In making a determination that the standards do not need to be 
amended, DOE must evaluate under the criteria of 42 U.S.C. 6295(n)(2) 
whether amended standards (1) will result in significant conservation 
of energy, (2) are technologically feasible, and (3) are cost effective 
as described under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 U.S.C. 6316(a); 
42 U.S.C. 6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)) Under 42 U.S.C. 
6295(o)(2)(B)(i)(II), an evaluation of cost effectiveness requires DOE 
to consider savings in operating costs throughout the estimated average 
life of the covered product in the type (or class) compared to any 
increase in the price of, or in the initial charges for, or maintenance 
expenses of, the covered products which are likely to result from the 
imposition of the standard.
    DOE is publishing this document in accordance with its authority 
under EPCA, and in satisfaction of its statutory requirement under 
EPCA.

B. Rulemaking History

    On January 19, 2021, DOE published a notice of final determination 
(``January 2021 Final Determination'') with the determination that 
energy conservation standards for SEMs should not be amended. 86 FR 
4885. In the January 2021 Final Determination, while DOE determined 
that more stringent standards would be technologically feasible, DOE 
also determined that more stringent energy conservation standards would 
not be cost effective. 86 FR 4885, 4906. Therefore, DOE determined that 
the current standards for SEMs did not need to be amended. Id.

C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), applicable to covered equipment under 10 
CFR 431.4, DOE notes that it is deviating from that appendix's 
provision requiring an early assessment review and a 75-day comment 
period for all pre-NOPR standards documents. 10 CFR part 430, subpart 
C, appendix A, sections 6(a)(1) and 6(d)(2). Given that the market and 
technologies have not changed substantively since the prior rulemaking 
during which stakeholders were provided an opportunity to comment, this 
RFI with the 30-day comment period is expected to provide sufficient 
opportunity for stakeholders to provide comment.

II. Request for Information

    DOE is publishing this RFI to collect data and information to 
inform its decision, consistent with its obligations under EPCA, as to 
whether the Department should proceed with an energy conservation 
standards rulemaking. In the following sections, DOE has identified 
certain topics for which information and data are requested to assist 
in the evaluation of the potential for amended energy conservation 
standards. DOE also welcomes comments on other issues relevant to the 
RFI that may not specifically be identified in this document.

A. Significant Savings of Energy

    In the January 2021 Final Determination, DOE determined that 
amended standards would not satisfy the cost-effectiveness criterion as 
required by EPCA when determining whether to amend standards for a 
given covered product or equipment. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)(C)) Consequently, DOE did not 
separately determine whether the potential energy savings would be 
significant for the purposes of 42 U.S.C. 6295(n)(2). 86 FR 4885, 4899.
    On March 9, 2010, DOE established the current energy conservation 
standards for small electric motors. 75 FR 10874 (``March 2010 Final 
Rule''). In the March 2010 Final Rule, DOE projected that the adopted 
energy conservation standards would result in 2.2 quadrillion British 
thermal units (``quads'') of primary energy savings over a 30-year 
period (i.e., 0.29 quad at TSL 4b for polyphase SEMs and 1.91 quad at 
TSL 7 for single phase SEMs). 75 FR 10874, 10876. Additionally, DOE 
estimated that an energy conservation standard established at an energy 
efficiency level equivalent to that achieved using the maximum 
available technology (``max-tech'') would have

[[Page 23473]]

resulted in 2.7 quads of primary energy savings (i.e., an additional 
0.5 quads of primary energy savings above the selected standard) (i.e., 
0.37 quad at TSL 7 for polyphase SEMs and 2.33 quad at TSL 8 for single 
phase SEMs). 75 FR 10874, 10916.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following topics.
    1. DOE seeks comments on whether the results of the energy use are 
still relevant. Specifically, DOE seeks inputs on whether the inputs to 
the energy use calculation used in the January 2021 Final Determination 
are still relevant. If revisions are needed, DOE seeks input on data 
sources that DOE can use to characterize the variability in annual 
energy consumption for SEMs. Specifically, DOE is requesting data and 
information related to: (1) The distribution of shipments across 
applications and sectors by equipment class or by motor topology and 
horsepower; (2) typical operating hours by application and sector; (3) 
typical motor load by application and sector; and (4) typical load 
profiles (i.e., percentage of annual operating hours spent at specified 
load points) by application and sector.
    2. DOE seeks comments on whether the no-new standards case 
efficiency distributions used in the January 2021 Final Determination 
still reflect the current mix of equipment efficiency in the market. 
DOE seeks data and input on the appropriate efficiency distribution in 
the no-new standards case for SEMs by equipment class group and 
horsepower range. DOE seeks data that would support changes in 
efficiency distributions over time in the no-new standards case.
    3. DOE seeks comments on whether or not the inputs to the shipments 
analysis used in the March 2010 Final Rule are still relevant. DOE 
further requests 2011-2021 (or the most recently available) annual 
sales data (i.e., number of shipments) for SEMs by equipment class. If 
disaggregated data of annual sales are not available at the equipment 
class level, DOE requests more aggregated data of annual sales at the 
motor topology level. DOE also requests data and information to help 
characterize future shipments of SEMs by equipment classes. 
Specifically, DOE requests information on the rate at which annual 
sales (i.e., number of shipments) of SEMs is expected to change in the 
next 5-10 years. If possible, DOE requests this information by motor 
topology.

B. Technological Feasibility

    During the January 2021 Final Determination, DOE considered a 
number of technology options that manufacturers could use to reduce 
energy consumption in SEMs.
    4. DOE seeks comment on any changes to these technology options 
since the January 2021 Final Determination that could affect whether 
DOE could propose a ``no-new-standards'' determination, such as an 
insignificant increase in the range of efficiencies and performance 
characteristics of these technology options. DOE also seeks comment on 
whether there are any updated or new technology options that DOE should 
consider in its analysis.
    5. DOE seeks comment on whether the methodologies employed in the 
January 2021 Final Determination engineering analysis, specifically 
regarding the adoption of the motor designs and associated efficiency 
levels considered in the March 2010 Final Rule analysis as the basis 
for the final determination, still apply. If not, DOE seeks comment on 
how the methodologies should be updated.

C. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more 
stringent energy conservation standards. DOE also seeks comment and 
data on indicating whether a more stringent energy conservation 
standard would be cost effective and economically justified.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    6. DOE seeks input on whether and how the costs estimated for motor 
designs considered in the January 2021 Final Determination have changed 
since the time of that analysis. DOE also requests information on the 
investments (including related costs) necessary to incorporate specific 
design options, including, but not limited to, costs related to new or 
modified tooling (if any), materials, engineering and development 
efforts to implement each design option, and manufacturing/production 
impacts.
    7. DOE requests information on the existence of any distribution 
channels other than the channels that were identified in the January 
2021 Final Determination. DOE also requests data on the fraction of 
sales that go through these channels and any other identified 
channels.\3\
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    \3\ In the January 2021 Final Determination, DOE identified 
three distribution channels for small electric motors and estimated 
their respective shares of sales volume: (1) From manufacturers to 
original equipment manufacturers (``OEMs''), who incorporate motors 
in larger pieces of equipment, to OEM equipment distributors, to 
contractors, and then to end-users (65 percent of shipments); (2) 
from manufacturers to wholesale distributors, to OEMs, to OEM 
equipment distributors, to contractors, and then to end-users (30 
percent of shipments); and (3) from manufacturers to distributors or 
retailers, to contractors and then to end-users (5 percent of 
shipments). 86 FR 4885, 4899.
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    8. DOE seeks comments on whether the lifetime inputs used in the 
January 2021 Final Determination are still valid. DOE seeks data and 
input on the appropriate equipment lifetimes for small electric motors 
both in years and in lifetime mechanical hours that DOE should apply in 
its analysis.\4\
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    \4\ In the January 2021 Final Determination, DOE used two 
Weibull distributions. One characterizes the motor lifetime in total 
operating hours (i.e., mechanical lifetime), while the other 
characterizes the lifetime in years of use in the application (e.g., 
a pump). DOE estimated motor mechanical lifetimes of 40,000 hours 
for polyphase motors and 30,000 hours for single phase motors. DOE 
estimated average application lifetimes to 7.8-9.7 years. 86 FR 
4885, 4902.
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III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
under the DATES heading, comments and information on matters addressed 
in this notification and on other matters relevant to DOE's review of 
whether more-stringent energy conservation standards are warranted for 
SEMs.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page requires you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be

[[Page 23474]]

included in your comment, nor in any document attached to your comment. 
If this instruction is followed, persons viewing comments will see only 
first and last names, organization names, correspondence containing 
comments, and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
the website will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information in a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, or text (ASCII) file format. Provide documents that are not 
secured, written in English, and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on April 14, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 April 15, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-08441 Filed 4-19-22; 8:45 am]
BILLING CODE 6450-01-P