[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57264-57301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19760]



[[Page 57263]]

Vol. 87

Monday,

No. 180

September 19, 2022

Part II





Department of Energy





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10 CFR Part 429 and 431





Energy Conservation Program: Test Procedure for Circulator Pumps; Final 
Rule

  Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / 
Rules and Regulations  

[[Page 57264]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2016-BT-TP-0033]
RIN 1904-AD77


Energy Conservation Program: Test Procedure for Circulator Pumps

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is establishing 
definitions, a test procedure, sampling and rating requirements, and 
enforcement provisions for circulator pumps. Currently, circulator 
pumps are not subject to DOE test procedures or energy conservation 
standards. DOE is adopting a test procedure for measuring the 
circulator energy index for circulator pumps. The test method 
references the relevant industry test standard. The definitions and 
test procedures are based on the recommendations of the Circulator Pump 
Working Group, which was established under the Appliance Standards 
Rulemaking Federal Advisory Committee.

DATES: The effective date of this rule is October 19, 2022. Compliance 
with the final rule will be mandatory for representations of head, flow 
rate, driver power input, circulator energy rating, and circulator 
energy index made on or after March 20, 2023. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on October 19, 2022.

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/EERE-2016-BT-STD-0004. 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]">ApplianceStandards[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, DC 20585-0121. Telephone: 
(202) 586-9870. Email: [email protected]">ApplianceStandards[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:

    HI 40.6-2021, ``Methods for Rotodynamic Pump Efficiency 
Testing''.
    HI 41.5-2022 ``Hydraulic Institute Program Guideline for 
Circulator Pump Energy Rating Program''.

    Copies of HI 40.6-2021 and HI 41.5-2022 can be obtained from the 
Hydraulic Institute (``HI'') at 6 Campus Drive, First Floor North, 
Parsippany, NJ 07054-4406, (973) 267-9700, or by going to 
www.pumps.org.
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General Comments
    B. Scope and Definitions
    1. CPWG Recommendations
    2. Definition of Circulator Pump
    3. Definition of Circulator Pump Varieties
    4. Definition of Circulator-Less-Volute and Header Pump
    5. Definition of On-Demand Circulator Pumps
    6. Applicability of Test Procedure Based on Pump Configurations
    7. Basic Model
    C. Rating Metric
    D. Test Methods for Different Circulator Pump Categories and 
Control Varieties
    1. Definitions Related to Circulator Pump Control Varieties
    2. Reference System Curve
    3. Pressure Control
    4. Temperature Control
    5. Manual Speed Control
    6. External Input Signal Control
    7. No Controls or Full Speed Test
    E. Determination of Circulator Pump Performance
    1. Incorporation by Reference of HI 40.6-2021
    2. Exceptions, Modifications and Additions to HI 40.6-2021
    3. Calculation and Rounding Modifications and Additions
    4. Rated Hydraulic Horsepower
    F. Sampling Plan and Enforcement Provisions for Circulator Pumps
    1. Sampling Plan
    2. Enforcement Provisions
    G. Representations of Energy Use and Energy Efficiency
    H. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impacts
    2. Harmonization With Industry Standards
    I. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Pumps are included in the list of ``covered equipment'' for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6311(1)(A)) Circulator pumps, which are 
the subject of this final rule, are a category of pumps. Circulator 
pumps generally are designed to circulate water in commercial and 
residential applications. Circulator pumps do not include dedicated-
purpose pool pumps, for which test procedures and energy conservation 
standards are established in title 10 of the Code of Federal 
Regulations (``CFR'') part 431 subpart Y. DOE has not previously 
established test procedures or energy conservation standards applicable 
to circulator pumps. The following sections discuss DOE's authority to 
establish test procedures for circulator pumps and relevant background 
information regarding DOE's consideration of test procedures for this 
equipment.

[[Page 57265]]

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA, added by Public Law 96-619, 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 pumps, the subject of this 
document. (42 U.S.C. 6311(1)(A))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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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), 
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316; 42 
U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about 
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however, 
grant waivers of Federal preemption for particular State laws or 
regulations, in accordance with the procedures and other provisions of 
EPCA. (42 U.S.C. 6316(b)(2)(D))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect energy efficiency, energy use or estimated annual 
operating cost of a type of covered equipment during a representative 
average use cycle (as determined by the Secretary) and requires that 
test procedures not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2))
    Before prescribing any final test procedures, the Secretary must 
publish proposed test procedures in the Federal Register and afford 
interested persons an opportunity (of not less than 45 days' duration) 
to present oral and written data, views, and arguments on the proposed 
test procedures. (42 U.S.C. 6314(b)).
    DOE is publishing this final rule in accordance with the statutory 
authority in EPCA.

B. Background

    As stated previously in this document, EPCA includes ``pumps'' 
among the industrial equipment listed as ``covered equipment'' for the 
purpose of Part A-1, although EPCA does not define the term ``pump.'' 
(42 U.S.C. 6311(1)(A)) In a final rule published January 25, 2016, DOE 
established a definition for ``pump,'' associated definitions, and test 
procedures for certain pumps. 81 FR 4086 (``January 2016 TP final 
rule''). ``Pump'' is defined as equipment designed to move liquids 
(which may include entrained gases, free solids, and totally dissolved 
solids) by physical or mechanical action and includes a bare pump and, 
if included by the manufacturer at the time of sale, mechanical 
equipment, driver, and controls. 81 FR 4086, 4147; 10 CFR 431.462. 
Circulator pumps fall within the scope of this definition.
    While DOE has defined ``pump'' broadly, the test procedure 
established in the January 2016 TP final rule is applicable only to 
certain categories of clean water pumps,\3\ specifically those that are 
end suction close-coupled (``ESCC''); end suction frame mounted/own 
bearings (``ESFM''); in-line (``IL''); radially split, multi-stage, 
vertical, in-line casing diffuser (``RSV''); and submersible turbine 
(``ST'') pumps with the following characteristics:
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    \3\ A ``clean water pump'' is a pump that is designed for use in 
pumping water with a maximum non-absorbent free solid content of 
0.016 pounds per cubic foot, and with a maximum dissolved solid 
content of 3.1 pounds per cubic foot, provided that the total gas 
content of the water does not exceed the saturation volume and 
disregarding any additives necessary to prevent the water from 
freezing at a minimum of 14 [deg]F. 10 CFR 431.462.
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     Flow rate of 25 gallons per minute (``gpm'') or greater at 
best efficiency point (``BEP'') at full impeller diameter;
     459 feet of head maximum at BEP at full impeller diameter 
and the number of stages specified for testing;
     design temperature range from 14 to 248 [deg]F;
     designed to operate with either: (1) a 2- or 4-pole 
induction motor, or (2) a non-induction motor with a speed of rotation 
operating range that includes speeds of rotation between 2,880 and 
4,320 revolutions per minute (``rpm'') and/or 1,440 and 2,160 rpm, and 
in either case, the driver and impeller must rotate at the same speed;
     6-inch or smaller bowl diameter for ST pumps;
     A specific speed less than or equal to 5,000, when 
calculated using U.S. customary units, for ESCC and ESFM pumps;
     Except for: fire pumps; self-priming pumps; prime-assist 
pumps; magnet driven pumps; pumps designed to be used in a nuclear 
facility subject to 10 CFR part 50, ``Domestic Licensing of Production 
and Utilization Facilities''; and pumps meeting the design and 
construction requirements set forth in any relevant military 
specifications. \4\
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    \4\ E.g., MIL-P-17639F, ``Pumps, Centrifugal, Miscellaneous 
Service, Naval Shipboard Use'' (as amended); MIL-P-17881D, ``Pumps, 
Centrifugal, Boiler Feed, (Multi-Stage)'' (as amended); MIL-P-
17840C, ``Pumps, Centrifugal, Close-Coupled, Navy Standard (For 
Surface Ship Application)'' (as amended); MIL-P-18682D, ``Pump, 
Centrifugal, Main Condenser Circulating, Naval Shipboard'' (as 
amended); and MIL-P-18472G, ``Pumps, Centrifugal, Condensate, Feed 
Booster, Waste Heat Boiler, And Distilling Plant'' (as amended). 
Military specifications and standards are available at https://everyspec.com/MIL-SPECS.
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    10 CFR 431.464(a)(1); 81 FR 4086, 4148. The pump categories subject 
to the current test procedures are referred to as ``general pumps'' in 
this document. As stated, circulator pumps are not general pumps and 
therefore, are not subject to the current pumps test procedure.
    DOE also published a final rule establishing energy conservation 
standards applicable to certain classes of general pumps. 81 FR 4368 
(Jan. 26, 2016) (``January 2016 ECS final rule''); see also, 10 CFR 
431.465.
    The January 2016 TP final rule and the January 2016 ECS final rule 
implemented the recommendations of the Commercial and Industrial Pump 
Working Group (``CIPWG'') established through the Appliance Standards 
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate 
standards and a test procedure for

[[Page 57266]]

general pumps. (Docket No. EERE-2013-BT-NOC-0039) The CIPWG approved a 
term sheet containing recommendations to DOE on appropriate standard 
levels for general pumps, as well as recommendations addressing issues 
related to the metric and test procedure for general pumps (``CIPWG 
recommendations''). (Docket No. EERE-2013-BT-NOC-0039, No. 92) 
Subsequently, ASRAC approved the CIPWG recommendations. The CIPWG 
recommendations included initiation of a separate rulemaking for 
circulator pumps. (Docket No. EERE-2013-BT-NOC-0039, No. 92, 
Recommendation #5A at p. 2)
    On February 3, 2016, DOE issued a notice of intent to establish the 
circulator pumps working group to negotiate a notice of proposed 
rulemaking (``NOPR'') for energy conservation standards and a test 
procedure for circulator pumps, if possible, and to announce the first 
public meeting. 81 FR 5658. The members of the Circulator Pump Working 
Group (``CPWG'') were selected to ensure a broad and balanced array of 
interested parties and expertise, including representatives from 
efficiency advocacy organizations and manufacturers. Additionally, one 
member from ASRAC and one DOE representative were part of the CPWG. 81 
FR 5658, 5660. Table I.1 lists the 15 members of the CPWG and their 
affiliations.
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    \5\ All references in this document to the approved 
recommendations included in 2016 Term Sheets are noted with the 
recommendation number and a citation to the appropriate document in 
the CPWG docket (e.g., Docket No. EERE-2016-BT-STD-0004, No. #, 
Recommendation #X at p. Y). References to discussions or suggestions 
of the CPWG not found in the 2016 Term Sheets include a citation to 
meeting transcripts and the commenter, if applicable (e.g., Docket 
No. EERE-2016-BT-STD-0004, [Organization], No. X at p. Y).

 Table I.1--ASRAC Circulator Pump Working Group Members and Affiliations
------------------------------------------------------------------------
                Member                            Affiliation
------------------------------------------------------------------------
Charles White........................  Plumbing-Heating-Cooling
                                        Contractors Association.
Gabor Lechner........................  Armstrong Pumps, Inc.
Gary Fernstrom.......................  California Investor-Owned
                                        Utilities.
Joanna Mauer.........................  Appliance Standards Awareness
                                        Project.
Joe Hagerman.........................  U.S. Department of Energy.
Laura Petrillo-Groh..................  Air-Conditioning, Heating, and
                                        Refrigeration Institute.
Lauren Urbanek.......................  Natural Resources Defense
                                        Council.
Mark Chaffee.........................  TACO, Inc.
Mark Handzel.........................  Xylem Inc.
Peter Gaydon.........................  Hydraulic Institute.
Richard Gussert......................  Grundfos Americas Corporation.
David Bortolon.......................  Wilo Inc.
Russell Pate.........................  Rheem Manufacturing Company.
Don Lanser...........................  Nidec Motor Corporation.
Tom Eckman...........................  Northwest Power and Conservation
                                        Council (ASRAC member).
------------------------------------------------------------------------

    The CPWG commenced negotiations at an open meeting on March 29, 
2016, and held six additional meetings to discuss scope, metrics, and 
the test procedure. The CPWG concluded its negotiations for test 
procedure topics on September 7, 2016, with a consensus vote to approve 
a term sheet containing recommendations to DOE on scope, definitions, 
metric, and the basis of the test procedure (``September 2016 CPWG 
Recommendations''). The September 2016 CPWG Recommendations are 
available in the CPWG docket. (Docket No. EERE-2016-BT-STD-0004, No. 
58)
    The CPWG continued to meet to address potential energy conservation 
standards for circulator pumps. Those meetings began on November 3-4, 
2016, and concluded on November 30, 2016, with approval of a second 
term sheet (``November 2016 CPWG Recommendations'') containing CPWG 
recommendations related to energy conservation standards, applicable 
test procedure, labeling and certification requirements for circulator 
pumps. (Docket No. EERE-2016-BT-STD-0004, No. 98) ASRAC subsequently 
voted unanimously to approve the September and November 2016 CPWG 
Recommendations during a December 2016 meeting. (Docket No. EERE-2013-
BT-NOC-0005, No. 91 at p. 2) \5\
    In a letter dated June 9, 2017, HI expressed its support for the 
process that DOE initiated regarding circulator pumps and encouraged 
the publishing of a NOPR and a final rule by the end of 2017. (Docket 
No. EERE-2016-BT-STD-0004, HI, No.103 at p. 1) In response to an early 
assessment review request for information (``RFI'') published on 
September 28, 2020 regarding the existing test procedures for general 
pumps (85 FR 60734, ``September 2020 Early Assessment RFI''), HI 
commented that it continues to support the recommendations from the 
CPWG. (Docket No. EERE-2020-BT-TP-0032, HI, No. 6 at p. 1) NEEA also 
referenced the September 2016 CPWG Recommendations and recommended that 
DOE adopt test procedures for circulator pumps in the pumps rulemaking 
or a separate rulemaking. (Docket No. EERE-2020-BT-TP-0032, NEEA, No. 8 
at p. 8)
    On May 7, 2021, DOE published a RFI related to test procedures and 
energy conservation standards for circulator pumps and small vertical 
in-line pumps. 86 FR 24516 (``May 2021 RFI''). Subsequently, DOE 
published a notice of NOPR for the test procedure on December 20, 2021, 
presenting DOE's proposals to establish a circulator pump test 
procedure and requesting comment. (the ``December 2021 NOPR'') 86 FR 
72096. DOE held a public webinar related to the December 2021 NOPR on 
February 2, 2022.
    DOE received comments in response to the December 2021 NOPR from 
the interested parties listed in Table I.1.

[[Page 57267]]



                              Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
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           Commenter(s)              Reference in this final rule                    Docket number                             Commenter type
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New York State Energy Research and  NYSERDA.......................  EERE-2016-BT-TP-0033-0006.....................  State.
 Development Authority.
Grundfos Americas Corporation.....  Grundfos......................  EERE-2016-BT-TP-0033-0007.....................  Manufacturer.
Appliance Standards Awareness       Joint Advocates...............  EERE-2016-BT-TP-0033-0008.....................  Efficiency Organizations.
 Project, American Council for an
 Energy-Efficient Economy, Natural
 Resources Defense Council.
Hydraulic Institute...............  HI............................  EERE-2016-BT-TP-0033-0009.....................  Trade Association.
Pacific Gas and Electric Company,   CA IOUs.......................  EERE-2016-BT-TP-0033-0010.....................  Utilities.
 San Diego Gas and Electric, and
 Southern California Edison.
Northwest Energy Efficiency         NEEA..........................  EERE-2016-BT-TP-0033-0011.....................  Efficiency Organization.
 Alliance.
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    DOE also received a comment from Kobel that was supportive but did 
not address the substance of the proposals. (Docket No. EERE-2016-BT-
TP-0033-0005) A parenthetical reference at the end of a comment 
quotation or paraphrase provides the location of the item in the public 
record.\6\
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    \6\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for circulator pumps. (Docket No. EERE-2016-BT-TP-
0033, which is maintained at www.regulations.gov). The references 
are arranged as follows: (commenter name, comment docket ID number, 
page of that document).
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II. Synopsis of the Final Rule

    In this final rule, DOE is establishing a test procedure in subpart 
Y to 10 CFR part 431 that includes methods to (1) measure the 
performance of the covered equipment, and (2) use the measured results 
to calculate a circulator energy index (``CEI'') to represent the 
weighted average electric input power to the driver over a specified 
load profile, normalized with respect to a circulator pump serving the 
same hydraulic load that has a specified minimum performance level.\7\ 
The test procedure and metric are similar in concept to the test 
procedure and metric established in subpart Y to 10 CFR part 431 for 
general pumps.
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    \7\ The performance of a comparable pump that has a specified 
minimum performance level is referred to as the circulator energy 
rating.
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    DOE's test method for circulator pumps includes measurements of 
head, flow rate, and driver power input, all of which are required to 
calculate CEI, as well as other quantities to characterize the rated 
circulator pump performance (e.g., pump power output (hydraulic 
horsepower), speed, wire-to-water efficiency). For consistent and 
uniform measurement of these values, DOE is incorporating the test 
methods established in HI 40.6-2021, ``Methods for Rotodynamic Pump 
Efficiency Testing,'' with certain exceptions. In order to specify 
methods to use the measured results to calculate the Circulator Energy 
Rating (``CER'') for different circulator varieties, DOE is also 
incorporating certain sections of HI 41.5-2022, ``Hydraulic Institute 
Program Guideline for Circulator Pump Energy Rating Program.''
    DOE reviewed the relevant sections of HI 40.6-2021 and HI 41.5-2022 
and determined that those sections will produce test results that 
reflect the energy efficiency, energy use, or estimated operating costs 
of a circulator pump during a representative average use cycle. (42 
U.S.C. 6314(a)(2)) DOE also reviewed the burdens associated with 
conducting the circulator pump test procedure adopted in this final 
rule and based on the results of such analysis, found that the test 
procedure would not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) DOE's analysis of the burdens associated with the test 
procedure is presented in section III.H.1 of this document.
    This final rule also establishes requirements regarding the 
sampling plan and representations for circulator pumps at 10 CFR part 
429 subpart B. The sampling plan requirements are similar to those 
established for general pumps. DOE also adopts provisions regarding 
allowable representations of energy consumption, energy efficiency, and 
other relevant metrics manufacturers may make regarding circulator pump 
performance (as discussed in section III.G of this document).
    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. Manufacturers are not required to test according to the DOE 
test procedure until such time as compliance is required with energy 
conservation standards for circulator pumps, should DOE establish such 
standards. Manufacturers choosing to make voluntary representations 
would be required to test the subject circulator pump according to the 
established test procedure, and any such representations would have to 
fairly disclose the results of such testing.

III. Discussion

    In this test procedure final rule, DOE establishes test procedures 
and related definitions for circulator pumps in subpart Y of 10 CFR 
part 431, amends 10 CFR 429.59 to establish sampling plans for this 
equipment, and establishes enforcement provisions for this equipment in 
10 CFR 429.110 and 10 CFR 429.134. The requirements and amendments are 
summarized in Table III.1.

[[Page 57268]]



   Table III.1--Summary of Topics in This Test Procedure Final Rule, Their Location Within the Code of Federal
                               Regulations, and the Applicable Preamble Discussion
----------------------------------------------------------------------------------------------------------------
                                                                                           Applicable preamble
                Topic                      Location in CFR      Summary of requirements         discussion
----------------------------------------------------------------------------------------------------------------
Definitions..........................  10 CFR 431.462.........  Defines circulator pump  Sections III.B.2,
                                                                 as well as varieties     III.B.3, III.B.4,
                                                                 of circulator pumps      III.B.5, III.B.7, and
                                                                 and circulator pump      III.D.1.
                                                                 controls.
Test Procedure.......................  10 CFR 431.464 &         Establishes CEI as the   Sections III.C, III.D,
                                        Appendix D.              metric for circulator    and III.E.
                                                                 pumps, incorporate by
                                                                 reference HI 40.6-
                                                                 2021, and provides
                                                                 additional
                                                                 instructions for
                                                                 determining the CEI
                                                                 (and other applicable
                                                                 performance
                                                                 characteristics) for
                                                                 circulator pumps.
Sampling Plan........................  10 CFR 429.59..........  Specifies the minimum    Section III.F.1.
                                                                 number of circulator
                                                                 pumps to be tested to
                                                                 rate a basic model and
                                                                 determination of
                                                                 representative values.
Enforcement Provisions...............  10 CFR 429.110 & 10 CFR  Establishes a method     Section III.F.2.
                                        429.134.                 for determining
                                                                 compliance of
                                                                 circulator pump basic
                                                                 models.
----------------------------------------------------------------------------------------------------------------

    The following sections discuss DOE's specific regulations regarding 
circulator pumps. Section III.B presents definitions for categorizing 
and testing of circulator pumps. Sections III.C, III.D, III.E, and 
III.F discuss the metric, test procedure, and certification and 
enforcement provisions for tested circulator pump models. Section III.G 
discusses representations of energy use and energy efficiency for 
circulator pumps.

A. General Comments

    In response to the December 2021 NOPR, several commenters expressed 
general statements related to the proposed test procedure. NYSERDA 
stated that circulator pumps have a large energy savings potential, as 
they are commonly used in multifamily and commercial buildings to 
reduce hot water demand time for occupants, and a test procedure that 
accurately measures their energy use is vital to measuring code impacts 
and meeting New York's greenhouse gas reduction goals. NYSERDA added 
that the CPWG developed a thorough set of recommendations, including 
definitions, outline of scope, and proposed test procedure, that DOE 
should implement. (NYSERDA, No. 6 at p. 1) Joint Advocates supported 
the CPWG recommendations along with the changes proposed in the 
December 2021 NOPR, consistent with HI 41.5-2021, which were based on 
stakeholder feedback in response to the May 2021 RFI. (Joint Advocates, 
No. 8 at p. 1) CA IOUs supported the proposed test procedure for the 
CEI metric. (CA IOUs, No. 10 at p. 1) And NEEA supported DOE's progress 
towards establishing a test procedure and standard for circulator 
pumps, stating that most major manufacturers have been prepared to meet 
a DOE standard since the CPWG concluded in 2016. (NEEA, No. 11 at p. 1) 
ASAP stated that they support the CPWG recommendations as well as the 
proposed modification based on stakeholder comments. (ASAP, No. 4 at p. 
5)
    HI stated that HI and its member companies producing circulators 
have continued the work of the CPWG since 2016, by publishing HI 41.5-
2021. HI explained that the industry-led program has been implemented 
by manufacturers with energy efficient circulators labeled per the HI 
41.5 program and listed on the program website. (HI, No. 9 at p. 1)
    As discussed in the following sections, DOE is adopting a test 
procedure generally consistent with the procedure proposed in the 
December 2021 NOPR, and generally consistent with the recommendations 
of the CPWG.

B. Scope and Definitions

    As discussed, in the January 2016 TP final rule, DOE adopted a 
definition for ``pump,'' as well as definitions for other pump 
component- and configuration-related definitions. 81 FR 4086, 4090-4094 
(Jan. 25, 2016); see also 10 CFR 431.462. DOE recognized circulator 
pumps as a category of pumps, but DOE did not define ``circulator 
pump.'' 81 FR 4086, 4097.
    In this final rule, DOE is establishing a definition of circulator 
pump, associated definitions for categories of circulator pumps, as 
well as related definitions for control varieties of circulator pumps 
(see sections III.B.2, III.B.3, III.B.4, III.B.5 and III.D.1 of this 
final rule). These definitions are necessary to establish the scope of 
applicability of the circulator pump test procedure. The scope of the 
test procedure is discussed in section III.B.6 of this document.
1. CPWG Recommendations
    The September 2016 Circulator Pump Recommendations addressed the 
scope of a circulator pumps rulemaking. Specifically, the CPWG 
recommended that the scope of a circulator pumps test procedure and 
energy conservation standards cover clean water pumps (as defined at 10 
CFR 431.462) distributed in commerce with or without a volute \8\ and 
that are one of the following categories: wet rotor circulator pumps, 
dry rotor close-coupled circulator pumps, and dry rotor mechanically-
coupled circulator pumps. The CPWG also recommended that the scope 
exclude submersible pumps and header pumps. 86 FR 24516, 24520; (Docket 
No. EERE-2016-BT-STD-0004, No. 58, Recommendations #1A, 2A and 2B at 
pp. 1-2) The CPWG also recommended several definitions relevant to 
scope, see discussion in sections III.B.3 through III.B.5. 86 FR 24516, 
24520; (Docket No. EERE-2016-STD-0004, No. 58, Recommendation #2B, 3A, 
and 3B at pp. 2-3)
---------------------------------------------------------------------------

    \8\ Volutes are also sometimes referred to as a ``housing'' or 
``casing.''
---------------------------------------------------------------------------

    DOE notes that generally these definitions recommended by the CPWG 
rely on terms previously defined in the January 2016 TP final rule, 
including ``close-coupled pump,'' ``mechanically-coupled pump,'' ``dry 
rotor pump,'' ``single axis flow pump,'' and ``rotodynamic pump.'' 81 
FR 4086, 4146-4147; 10 CFR 431.462. In addition, the recommended 
definition for submersible pump is the same as that already defined in 
a 2017 test procedure final rule for dedicated-purpose pool pumps 
(``DPPP'') (``August 2017 DPPP TP final rule''). 82 FR 36858, 36922 
(August 7, 2017); 10 CFR 431.462.
    DOE discusses the definitions of wet rotor circulator pump; dry 
rotor, two-

[[Page 57269]]

piece circulator pump; dry rotor, three-piece circulator pump; and 
horizontal motor in section III.B.3, header pump in section III.B.4, 
and submersible pump in section III.B.6 of this final rule.
2. Definition of Circulator Pump
    In the December 2021 NOPR, DOE proposed a definition of circulator 
pump at 10 CFR 431.462 consistent with the definition recommended by 
the CPWG and informed by the standard American National Standards 
Institute (``ANSI'')/HI 1.1-1.2-2014 standard (``ANSI/HI 1.1-1.2-
2014''), ``Rotodynamic Centrifugal Pumps for Nomenclature and 
Definitions.'' 86 FR 72096, 72101-72102. Specifically, DOE proposed the 
following definition for circulator pump:
    Circulator pump is a pump that is either a wet rotor circulator 
pump; a dry rotor, two-piece circulator pump; or a dry rotor, three-
piece circulator pump. A circulator pump may be distributed in commerce 
with or without a volute.
    Id. at 86 FR 72102.
    DOE requested comment on the proposed definition for circulator 
pump. Id. In response to the December 2021 NOPR, HI, Grundfos, NEEA, 
and NYSERDA agreed with the proposed definition of circulator pumps. 
(HI, No. 9 at p. 3; Grundfos, No. 7 at p. 1; NEEA, No. 11 at p. 2; 
NYSERDA, No. 6 at p. 1)
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, in this final rule, DOE adopts the definition of 
circulator pump as proposed in the December 2021 NOPR.
    The definitions of the pump categories that comprise the scope of 
``circulator pump'' are addressed in the following section.
3. Definition of Circulator Pump Varieties
    In the December 2021 NOPR, DOE proposed to adopt definitions for 
wet rotor circulator pump; dry rotor, two-piece circulator pump; and 
dry rotor, three-piece circulator pump at 10 CFR 431.462 as recommended 
by the CPWG and supported by stakeholder comments in response to the 
May 2021 RFI. 86 FR 72096, 72102. The proposed definitions are as 
follows:
    Wet rotor circulator pump means a single stage, rotodynamic, close-
coupled, wet rotor pump. Examples include, but are not limited to, 
pumps generally referred to in industry as CP1.
    Dry rotor, two-piece circulator pump means a single stage, 
rotodynamic, single-axis flow, close-coupled, dry rotor pump that:
    (1) Has a rated hydraulic power less than or equal to five 
horsepower at best efficiency point at full impeller diameter,
    (2) Is distributed in commerce with a horizontal motor, and
    (3) Discharges the pumped liquid through a volute in a plane 
perpendicular to the shaft. Examples include, but are not limited to, 
pumps generally referred to in industry as CP2.
    Dry rotor, three-piece circulator pump means a single stage, 
rotodynamic, single-axis flow, mechanically-coupled, dry rotor pump 
that:
    (1) Has a hydraulic power less than or equal to five horsepower at 
best efficiency point at full impeller diameter,
    (2) Is distributed in commerce with a horizontal motor, and
    (3) Discharges the pumped liquid through a volute in a plane 
perpendicular to the shaft. Examples include, but are not limited to, 
pumps generally referred to in industry as CP3.
    Id. at 86 FR 72139.
    In the December 2021 NOPR, DOE also proposed a definition for 
horizontal motor, consistent with the intent of the CPWG:
    Horizontal motor means a motor, for which the motor shaft position 
when functioning under operating conditions specified in manufacturer 
literature, includes a horizontal position.
    Id. at 86 FR 72102.
    DOE tentatively concluded that the proposed modification to the 
horizontal motor definition would provide additional specificity but 
would not in practice change the pumps currently excluded from the IL 
pump definition (and now proposed to be included in the circulator pump 
definition) through use of the term. Id.
    DOE requested comment on the proposed definition for horizontal 
motor, including whether it met the intent of the CPWG recommendation 
or whether it would include other motors not intended to be captured in 
the definition. Id.
    NYSERDA supported the definitions of wet rotor circulator pump; dry 
rotor, two-piece circulator pump; dry rotor, three-piece circulator 
pump; and horizontal motor, as recommended by the CPWG. (NYSERDA, No. 6 
at pp. 1-2) HI and Grundfos agreed with the proposed definition of 
horizontal motor and stated that it meets the intent of the CPWG. (HI, 
No. 9 at p. 3; Grundfos, No. 7 at p. 1) NEEA agreed also with the 
proposed definition of horizontal motor and stated the definition was 
consistent with the intent of CPWG. (NEEA, No. 11 at p. 2)
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, in this final rule, DOE adopts the definitions of 
wet rotor circulator pump; dry rotor, two-piece circulator pump; dry 
rotor, three-piece circulator pump; and horizontal motor as proposed in 
the December 2021 NOPR.
4. Definition of Circulator-Less-Volute and Header Pump
    In the December 2021 NOPR, DOE discussed that some circulator pumps 
are distributed in commerce as a complete assembly with a motor, 
impeller, and volute, while other circulator pumps are distributed in 
commerce with a motor and impeller, but without a volute (herein 
referred to as ``circulators-less-volute''). Some circulators-less-
volute are solely intended to be installed in other equipment, such as 
a boiler, using a cast piece in the other piece of equipment as the 
volute, while others can be installed as a replacement for a failed 
circulator pump in an existing system or newly installed with a paired 
volute in the field. 86 FR 72096, 72102; (Docket No. EERE-2016-BT-STD-
0004, No. 47 at pp. 371-372; Docket No. EERE-2016-BT-STD-0004, No. 70 
at p. 99) The CPWG recommended excluding circulator pumps that are 
distributed in commerce exclusively to be incorporated into other OEM 
equipment, such as boilers or pool heaters. 86 FR 72096, 72103; (Docket 
No. EERE-2016-BT-STD-0004, No. 74 at pp. 413-416)
    As stated in the December 2021 NOPR, the CPWG suggested referring 
to circulator-less-volute that are intended solely for installation in 
another piece of equipment and do not have a paired volute that is 
distributed in commerce as ``header pumps,'' and recommended defining 
header pump as pump that consists of a circulator-less-volute intended 
to be installed in an [original equipment manufacturer] ``OEM'' piece 
of equipment that serves as the volute. 86 FR 72096, 72103; (Docket No. 
EERE-2016-BT-STD-0004, No. 74 at pp. 384-386; No. 58 Recommendation #2B 
at p. 2)
    The CPWG recommended that for header pumps distributed in commerce 
with regulated equipment, DOE should consider modifying the test 
procedure and metric for such regulated equipment during the next round 
of applicable rulemakings to account for the energy use of header pumps 
in a modified metric. For header pumps distributed in commerce with 
non-regulated equipment, the CPWG recommended that DOE should consider

[[Page 57270]]

test procedures and standards for such pumps or equipment at a later 
date. (Docket No. EERE-2016-BT-STD-0004, No. 58 Non-Binding 
Recommendation to the Secretary #2 at p. 10); 86 FR 72096, 72103.
    In the December 2021 NOPR, DOE tentatively agreed that a 
circulator-less-volute designed solely for use as a component in a 
separate piece of equipment should be distinguished from a circulator-
less-volute generally. To provide a distinction between a circulator-
less-volute and a header pump, DOE proposed to add additional detail 
within the definition of header pump recommended by the CPWG and to add 
a definition of circulator-less-volute to be mutually exclusive from 
the definition of a header pump. These definitions proposed by DOE are 
as follows:

    Header pump means a circulator pump distributed in commerce 
without a volute and for which a paired volute is not distributed in 
commerce. Whether a paired volute is distributed in commerce will be 
determined based on published data, marketing literature, and other 
publicly available information.

    Circulator-less-volute means a circulator pump distributed in 
commerce without a volute and for which a paired volute is also 
distributed in commerce. Whether a paired volute is distributed in 
commerce will be determined based on published data, marketing 
literature, and other publicly available information.
    86 FR 72096, 72103.
    DOE requested comment on the proposed definitions of header pump 
and circulator-less-volute. Id. DOE also tentatively concluded that 
requiring testing of header pumps using a reference volute, as required 
in EU Regulation No 622/2012, may result in a rating that is not 
representative of its energy use in the equipment for which it is 
designed, and that assessing header pump energy use within broader 
equipment categories in which they are embedded, such as boilers, may 
be more appropriate. As such, DOE did not propose to include header 
pumps in the scope of the test procedure, nor did it propose a test 
method for them. Id.
    In response to the December 2021 NOPR, NYSERDA supported the 
definition of header pump as recommended by the CPWG. (NYSERDA, No. 6 
at p. 2) HI and NEEA agreed with the proposed definitions of header 
pump and circulator-less-volute. (HI, No. 9 at p. 3; NEEA, No. 11 at p. 
2)
    Grundfos agreed with the proposed definition of circulator-less-
volute but stated that header pumps should be included in this 
definition and covered by the circulator-less-volute testing 
requirements. (Grundfos, No. 7 at p. 1) Additionally, Grundfos noted 
that the CPWG's basis for excluding header pumps was because an OEM 
specific volute was not available for testing. Grundfos commented that 
header pumps are generally the same as standard circulator-less-volutes 
in the market and that representative volutes already exist or can be 
created by manufacturers. Grundfos stated that DOE should require that 
header pumps be tested like circulators-less-volute, except that the 
manufacturer determines the volute to be used and make this volute 
available for testing on the open market so that all interested parties 
can purchase and test the pump in the same manner it was certified. 
Grundfos noted that allowing header pumps to exist on the market 
without testing creates a loophole that can be exploited to avoid 
meeting the test standard and efficiency standard requirements. 
(Grundfos, No. 7 at p. 4)
    While Grundfos has suggested a method for testing header pumps, DOE 
observes that the suggested method would increase burden on 
manufacturers by requiring creation of volutes that may not be used in 
commerce (given that header pumps are intended solely for installation 
in another piece of equipment) and requiring them to be available for 
testing on the open market. Additionally, by requiring testing with 
volutes for which the application is only for equipment testing, the 
suggested method would not be representative of an average use. 
Grundfos did not address DOE's tentative determination regarding lack 
of representativeness of testing header pumps with reference volutes. 
As such, in this final rule, DOE adopts the definitions of header pump 
and circulator-less-volute as proposed in the December 2021 NOPR and is 
not including header pumps within the scope of the test procedure nor 
adopting a test method for header pumps.
5. Definition of On-Demand Circulator Pumps
    In the December 2021 NOPR, DOE stated that on-demand circulator 
pumps are designed to maintain hot water supply within a temperature 
range by activating in response to a signal, such as user presence. 86 
FR 72096, 72104. Discussion during CPWG meetings suggested that the 
purpose of recommending a definition for on-demand circulator pumps 
would be to allow for the possibility of considering them as a separate 
equipment class with a different standard level, while still applying 
the metric and test procedure to them. (Docket No. EERE-2016-BT-STD-
0004-0069, p. 199)
    The CPWG discussed that on-demand controls do not reduce the speed 
of the pump, but rather reduce the hours of use. Pumps with on-demand 
controls could also have speed controls, which the recommended metric 
would capture. (Docket No. EERE-2016-BT-STD-0004-0069, pp. 172-173) In 
addition, CPWG members discussed that the extent to which time-based 
controls are used is unknown (Id. at p. 176), and that rather than 
attempting to capture it in the metric, utility programs could consider 
prescriptive rebates associated with these controls. (Id. at p. 178) In 
addition, CPWG members suggested that legionella concerns would limit 
the application of on-demand controls.\9\ (Id. at pp. 195-196)
---------------------------------------------------------------------------

    \9\ As discussed in the transcript, situations where water is 
stagnant and the temperature drops can result in growth of 
legionella.
---------------------------------------------------------------------------

    DOE notes that neither HI 41.5-2021 nor HI 41.5-2022 address on-
demand circulator pumps. DOE proposed to define on-demand circulator 
pump at 10 CFR 431.462 consistent with the definition recommended by 
the CPWG, as follows:
    On-demand circulator pump means a circulator pump that is 
distributed in commerce with an integral control that:
     Initiates water circulation based on receiving a signal 
from the action of a user [of a fixture or appliance] or sensing the 
presence of a user of a fixture and cannot initiate water circulation 
based on other inputs, such as water temperature or a pre-set schedule.
     Automatically terminates water circulation once hot water 
has reached the pump or desired fixture.
     Does not allow the pump to operate when the temperature in 
the pipe exceeds 104 [deg]F or for more than 5 minutes continuously.
    86 FR 72096, 72104.
    DOE did not propose to exclude on-demand circulator pumps from the 
scope of the test procedure or to develop a credit for such controls in 
the December 2021 NOPR. DOE noted that if on-demand circulator pumps 
are equipped with other controls that reduce speed, they may be tested 
according to the relevant test methods rather than using the no 
controls test. Id. DOE stated that it would consider whether standards 
were appropriate for this equipment in a future energy conservation 
standards rulemaking. Id.
    DOE requested comment on its proposal to include on-demand 
circulator pumps within the scope of

[[Page 57271]]

this test procedure. DOE also requested data and information that would 
justify a CEI credit for on-demand circulator pumps. 86 FR 72096, 
72104.
    Joint Advocates supported inclusion of on-demand controls but noted 
that the energy savings benefits of reduced run time would not be 
directly captured by the test procedure. Joint Advocates explained that 
on-demand controls have the potential to reduce energy consumption in 
water recirculation applications. Joint Advocates encouraged DOE to 
consider options to promote the adoption of on-demand controls that 
reduce energy consumption by reducing circulator pump run-time. (Joint 
Advocates, No. 8 at p. 3)
    CA IOUs supported DOE's proposed definition of the on-demand 
circulator pump product class, in particular that a product must be 
exclusively an on-demand circulator and should not support additional 
control modes typical of other circulator products (e.g., constant 
pressure), or support bypass functionality, ensuring that users receive 
consistent run-hour reduction benefits relative to conventional 
products. (CA IOUs, No. 10 at p. 2) CA IOUs stated they aim to 
encourage widespread market adoption in the domestic hot water sector, 
in part by maintaining the cost benefit to consumers of this product. 
CA IOUs included an analysis of potential costs and benefits to a 
consumer when applying a 1.0 CEI requirement, which would imply an 
electrically commutated motor (``ECM''). CA IOUs stated that, based on 
their analysis, cost is the largest influencing factor of consumer 
payback, followed by runtime hours, with CEI as the least influential 
factor.\10\ Based on this, CA IOUs encouraged DOE to develop a 
methodology for on-demand circulator products that does not require the 
ECM level unless lifecycle cost effectiveness can be demonstrated. (CA 
IOUs, No. 10 at pp. 3-5). CA IOUs stated that baseline operating hours 
of a domestic hot water circulator product is 6,400 hours per year and 
the on-demand product is instead 92, a ratio of 0.014. CA IOUs 
encouraged DOE to develop a CEI score for circulator products that 
demonstrates the substantial energy savings available and allows for 
field representative lifecycle cost-benefit calculations. (CA IOUs, No. 
10 at p. 5)
---------------------------------------------------------------------------

    \10\ CA IOUs also included a discussion regarding potential 
economics for consumers with electric water heaters versus natural 
gas water heaters.
---------------------------------------------------------------------------

    NEEA recommended that DOE require testing circulator pumps at full 
speed but provide a CEI credit for circulator pumps intended for 
domestic hot water recirculation equipped with run-hour controls. NEEA 
stated that eliminating unnecessary operation at no cost of convenience 
or performance to customers, is the most significant method to reduce 
circulator energy consumption. NEAA added that ignoring this factor 
misses an important opportunity for energy conservation and fails to 
communicate energy savings to the market. NEEA commented that a CEI 
credit is the most effective strategy to convey this factor to 
consumers. (NEEA, No. 11 at pp. 1-2)
    Additionally, NEEA stated that efficient run hour controls include 
temperature (i.e., aquastat), on-demand, learning, or a combination of 
timer and temperature run-hour controls. NEEA noted that the Regional 
Technical Forum's circulator measure workbook contains calculations 
about the potential energy savings from run-hour controls on domestic 
hot water circulators, and that according to this analysis, run-hour 
controls reduce energy consumption by 50 percent to 99 percent. NEEA 
stated that the CEI credit should accurately reflect the energy savings 
reduction from each control type. However, NEEA commented that savings 
from learning-based controls are less well-proven in the field, and 
that there is concern that timer-based controls can be overridden or 
set to a high number of hours to avoid homeowner complaints. But NEEA 
noted also that their research indicates that timer-controls are 
relatively consistently applied. (NEEA, No. 11 at p. 4) NEEA suggested 
that there should be different CEI credits for different control types, 
especially on-demand and temperature-based, due to differences between 
commercial and residential applications. (NEEA, No. 11 at pp. 4-5)
    NEEA recommended that rating equipment with applicable run hours 
controls should be optional so as to represent an opportunity rather 
than a burden, especially for manufacturers of equipment with on-demand 
controls that cannot operate without them, to potentially comply with 
future standards without redesigning the motor. NEEA stated that 
circulators that can only be operated with on-demand controls represent 
a small portion of the market but are very efficient due to extremely 
low run hours and increasing the efficiency of the pump and motor would 
likely not be cost effective. NEEA stated that an appropriate CEI 
credit could allow such equipment to remain on the market at a cost-
competitive price point, which may increase their adoption and lead to 
more overall pump and hot water savings. (NEEA, No. 11 at p. 5)
    NEEA stated that in order for the CEI credit to not represent a 
loophole in the standard, DOE must calibrate the credit to ensure it 
provides a comparable and meaningful metric compared to the hydronic 
heating controls currently proposed in the test procedure, and require 
rating with the most consumptive control available, such that the mere 
availability of run-hour controls (or other efficient controls) do not 
circumvent the desired efficiency of the standard. NEEA suggested that 
DOE consider the relative run hours of hydronic heating versus domestic 
hot water installations, as temperature-based run-hour controls may run 
a similar number of hours as hydronic heating controls and a 
significant credit may not be warranted. (Id.)
    NEEA noted that the CEI credit concept was not discussed in the 
CPWG nor approved in the term sheet, and that an appropriate credit and 
certification system may take time to develop and implement. NEEA 
stated that, while DOE could make a reasonable proposal now, the 
addition of special treatment for run-hours-controls-equipped 
circulators could be considered in the future with more opportunity for 
discussion and input. In this case, NEEA recommended that on demand 
circulators not be exempted and be covered by the applicable test 
procedure and any future standard to provide consistency for 
manufacturers and the market. (NEEA, No. 11 at p. 5)
    HI agreed with the proposed definition of on-demand circulator pump 
and inclusion of on-demand circulating pump within the scope of the 
test procedure. However, HI stated that domestic hot water circulators 
come with several intermittent control methods, including temperature 
and timer, that all provide reduced energy consumption versus a 
circulator under continuous operation. HI stated that as DOE only 
identified on-demand controls in the December 2021 NOPR, DOE should not 
consider credits for them. HI stated that in future rulemakings DOE 
should consider creating a category and test procedure calculations for 
intermittent controlled domestic hot water circulator pumps that define 
an average use case for this new category of pumps, including operating 
hours and load points. (HI, No. 9 at p. 3) Grundfos stated that 
inclusion of on-demand circulator pumps is warranted but commented 
similarly to HI regarding the other control methods that were not 
included, recommending that these categories should be included in a 
separate rulemaking. (Grundfos, No. 7 at p. 1)

[[Page 57272]]

    After reviewing and considering all the comments on on-demand 
circulator pumps, DOE is adopting a definition for on-demand circulator 
pumps and a scope of applicability for the test procedure that includes 
on-demand circulator pumps, as proposed. DOE is not adopting a CEI 
credit for on-demand circulators in this rulemaking. Such a credit was 
not discussed by the CPWG, nor proposed in the NOPR. As noted by the 
commenters, development of further information as to the prevalence, 
variety, and operation of on-demand controls is likely needed. 
Accordingly, DOE is not addressing a CEI credit for on-demand 
circulator pumps in this final rule. In response to the comments from 
CA IOUs and NEEA, DOE will consider the appropriate scope and product 
categories for standards for on-demand circulators in a separate energy 
conservation rulemaking.
6. Applicability of Test Procedure Based on Pump Configurations
    In the December 2021 NOPR, DOE proposed that the test procedure 
would be applicable to circulator pumps that are clean water pumps, 
including circulators-less-volute and on-demand circulator pumps, and 
excluding header pumps and submersible pumps (as recommended by the 
CPWG). DOE requested comment on the proposed scope. 86 FR 72096, 72105.
    NEEA agreed with the proposed scope of applicability. (NEEA, No. 11 
at p. 2) NYSERDA supported the proposed test procedure scope, 
specifically as limited to clean water pumps, consistent with the scope 
of general pumps. (NYSERDA, No. 6 at p. 2) HI agreed with the proposed 
scope of applicability to exclude header pumps and submersible pumps 
but include circulator-less-volute pumps. (HI, No. 9 at p. 4) Joint 
Advocates supported exclusion of header pumps. (Joint Advocates, No. 8 
at p. 1)
    Grundfos agreed that submersible pumps should be excluded but 
stated that header pumps should be included. (Grundfos, No. 7 at p. 1)
    As discussed in section III.B.4 of this document, DOE continues to 
have concerns about the representativeness of including header pumps in 
the scope of the test procedure and, therefore, is not including them 
in scope.
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, in this final rule, DOE is adopting the scope as 
proposed in the December 2021 NOPR.
7. Basic Model
    In the course of regulating consumer products and commercial and 
industrial equipment, DOE has developed the concept of a ``basic 
model'' to determine the specific product or equipment configuration(s) 
to which the regulations would apply. For the purposes of applying the 
proposed circulator pump regulations, DOE proposed to rely on the 
definition of ``basic model'' as currently defined at 10 CFR 431.462. 
86 FR 72096, 72105. DOE stated that application of the current 
definition of ``basic model'' would allow manufacturers of circulator 
pumps to group similar models within a basic model to minimize testing 
burden, while ensuring that key variables that differentiate circulator 
pump energy performance or utility are maintained as separate basic 
models. Id. As proposed, manufacturers would be required to test only a 
representative number of units of a basic model in lieu of testing 
every model they manufacture. Id. As proposed, individual models of 
circulator pumps would be permitted to be grouped under a single basic 
model, so long as all grouped models have the same representative 
energy performance, which is representative of the least efficient or 
most consumptive unit. Id.
    Specifically, for pumps, DOE's existing definition of basic model 
is as follows:
    Basic model means all units of a given class of pump manufactured 
by one manufacturer, having the same primary energy source, and having 
essentially identical electrical, physical, and functional (or 
hydraulic) characteristics that affect energy consumption, energy 
efficiency, water consumption, or water efficiency; and, in addition, 
for pumps that are subject to the standards specified in 10 CFR 
431.465(b), the following provisions also apply:

    (1) All variations in numbers of stages of bare RSV and ST pumps 
must be considered a single basic model;
    (2) Pump models for which the bare pump differs in impeller 
diameter, or impeller trim, may be considered a single basic model; 
and
    (3) Pump models for which the bare pump differs in number of 
stages or impeller diameter, and which are sold with motors (or 
motors and controls) of varying horsepower may only be considered a 
single basic model if:
    (i) For ESCC, ESFM, IL, and RSV pumps, each motor offered in the 
basic model has a nominal full load motor efficiency rated at the 
Federal minimum (see the current table for NEMA Design B motors at 
Sec.  431.25) or the same number of bands above the Federal minimum 
for each respective motor horsepower (see Table 3 of appendix A to 
subpart Y of this part); or
    (ii) For ST pumps, each motor offered in the basic model has a 
full load motor efficiency at the default nominal full load 
submersible motor efficiency shown in Table 2 of appendix A to 
subpart Y of this part or the same number of bands above the default 
nominal full load submersible motor efficiency for each respective 
motor horsepower (see Table 3 of appendix A to subpart Y of this 
part).

    10 CFR 431.462.

    In the December 2021 NOPR, DOE stated that only the general 
provisions of the basic model definition would be applicable to 
circulator pumps and no additional provisions specific to circulator 
pumps would be necessary. 86 FR 72096, 72106. DOE requested comment on 
the proposed applicability of the definition of ``basic model'' at 10 
CFR 431.462 to circulator pumps and any characteristics unique to 
circulator pumps that may necessitate modifications to that definition. 
Id.
    HI and Grundfos agreed that the main paragraph of the basic model 
definition is accurate for circulator pumps, but stated that DOE should 
explicitly exclude parts 1, 2, and 3 of the definition. (HI, No. 9 at 
p. 4; Grundfos, No. 7 at p. 2)
    As discussed in the December 2021 NOPR, provisions (1)-(3) of the 
basic model definition would not apply to circulator pumps based on the 
nature of how circulator pumps are designed and distributed in 
commerce. 86 FR 72096, 72106. Therefore, DOE does not need to exclude 
these provisions explicitly and instead applies the existing definition 
of ``basic model'' at 10 CFR 431.462 to circulator pumps, consistent 
with the application of that definition to dedicated-purpose pool 
pumps, for which provisions (1)-(3) would also not be applicable due to 
lack of variation in stages and impeller trims within a pump model.

C. Rating Metric

    In the December 2021 NOPR, DOE proposed to adopt the CEI metric as 
the performance-based metric for representing the energy performance of 
circulator pumps, as defined in equation (1), and consistent with 
Section 41.5.3.2 of HI 41.5-2021. 86 FR 72096, 72107. DOE noted that 
while HI 41.5-2021 defines the denominator as CERREF, DOE 
believed that the terminology CERSTD is more reflective of 
the Federal energy conservation standards. Id. Any standards considered 
for any circulator pumps for which the CEI is applicable would use this 
metric as a basis for the standard level.

[[Page 57273]]

[GRAPHIC] [TIFF OMITTED] TR19SE22.017

Where:

CER = circulator energy rating (hp); and
CERSTD = circulator energy rating for a minimally 
compliant circulator pump serving the same hydraulic load.

    Id.

    In the December 2021 NOPR, DOE stated that the CPWG specified a 
method for determining the denominator of the metric with procedures to 
determine the minimally compliant overall efficiency at the various 
test points based on the hydraulic performance of the rated circulator 
pump. 86 FR 72096, 72106; (Docket No. EERE-2016-BT-STD-0004, No. 98 
Recommendations #1 and 2A-D at pp. 1-4). As discussed, the denominator 
would represent the energy efficiency of a circulator pump that is 
minimally compliant with the applicable energy conservation standard, 
should DOE establish such a standard. Were DOE to conduct a rulemaking 
to propose energy conservation standards for circulator pumps, DOE 
would discuss in detail the derivation of the denominator, as well as 
an analysis as required by EPCA to evaluate any such standard level to 
determine the level designed to achieve the maximum improvement in 
energy efficiency that is technologically feasible and economically 
justified, as required under EPCA.\11\ DOE noted that the recommended 
method for determining the denominator relies on the hydraulic 
horsepower of the rated circulator pump, which was also discussed in 
the December 2021 NOPR. 86 FR 72096, 72106-72107.
---------------------------------------------------------------------------

    \11\ For more information on any energy conservation standard 
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

    DOE requested comment on its proposal to adopt CEI as the metric to 
characterize the energy use of certain circulator pumps and on the 
proposed equation for CEI. Id. at 86 FR 72107.
    HI, Grundfos, NEEA, and NYSERDA supported adoption of CEI. (HI, No. 
9 at p. 5; Grundfos, No. 7 at p. 2; NEEA, No. 11 at p. 2; NYSERDA, No. 
6 at p. 2) NYSERDA noted that CEI is consistent with HI 41.5-2021, 
developed by CPWG members based on the approved CPWG term sheet, and 
supported by a variety of stakeholders. (NYSERDA, No. 6 at p. 2) DOE 
notes that HI 41.5-2022 has the same definition of CEI as HI 41.5-2021.
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, in this final rule, DOE adopts CEI as the metric 
to characterize the energy use of circulator pumps and the equation for 
CEI as proposed in the December 2021 NOPR.

D. Test Methods for Different Circulator Pump Categories and Control 
Varieties

    In the December 2021 NOPR, DOE stated that many circulator pumps 
are sold with a variable speed drive and controls (i.e., logic or user 
interface) with various control strategies that reduce the required 
power input at a given flow rate to save energy. The primary varieties 
of control recommended by the CPWG include manual speed controls, 
pressure controls, temperature controls, and external input signal 
controls. (Docket No. EERE-2016-BT-STD-0004, No. 58 Recommendations #4 
at p. 4) For the test procedure to produce results that reflect 
variations in energy consumption associated with the various control 
strategies that could be implemented in a circulator pump, the CPWG 
recommended that DOE establish different test methods for each control 
variety in the circulator test procedure. 86 FR 72096, 72107; (Docket 
No. EERE-2016-BT-STD-0004, No. 58 Recommendations #6A and #6B at pp. 4-
6).
    Section III.D.1 discusses DOE's definitions for each of these 
circulator pump control varieties.
    Section III.D.2 discusses the reference system curve that serves as 
a basis for rating each variety of circulator pump controls.
    Sections III.D.3 through III.D.7 discuss the specific test 
provisions for pressure controls, temperature controls, manual speed 
controls, external input signal controls, and no controls,\12\ 
respectively.
---------------------------------------------------------------------------

    \12\ In this document, circulator pumps with ``no controls'' are 
also inclusive of other potential control varieties that are not one 
of the specifically identified control varieties. See section 
III.D.7 of this document.
---------------------------------------------------------------------------

    In response to the December 2021 NOPR, NEEA stated that they agreed 
with the proposed procedures for specific circulator types and control 
methods. (NEEA, No.11 at p. 2) Joint Advocates stated that they support 
the use of unique test point weights for different control types. 
(Joint Advocates, No. 8 at p. 1)
    In the December 2021 NOPR, DOE considered incorporating HI 41.5-
2021, ``Hydraulic Institute Program Guideline for Circulator Pump 
Energy Rating Program,'' which provides additional instructions for 
testing circulator pumps to determine an Energy Rating value for 
different circulator pump control varieties. DOE tentatively determined 
not to directly incorporate HI 41.5-2021. Unlike HI 40.6-2021, which is 
an industry test standard, HI 41.5-2021 is a guideline for 
participation in an industry program and includes many provisions not 
relevant to DOE. However, DOE preliminarily determined that its 
proposed test methods and calculations that supplement the proposed 
incorporation by reference of HI 40.6-2021, as discussed in sections 
III.D and III.E.2.c of this document, were consistent with HI 41.5-
2021. 86 FR 72096, 72099.
    In response to the December 2021 NOPR, HI requested that DOE 
incorporate by reference appropriate sections of HI 41.5-2021, instead 
of restating the requirements in the test procedure, noting support 
from additional stakeholders in response to the May 2021 RFI. (HI, No. 
9 at p. 1) HI stated that this will reduce testing burden by 
eliminating confusion between DOE's test procedure and HI's standard 
and will significantly simplify and shorten the regulatory text 
language in appendix D. HI stated that many of DOE's requests for 
comment in the December 2021 NOPR were fully covered by HI 41.5, and 
slight changes by DOE could cause confusion in the market while not 
being beneficial to energy efficiency. (HI, No. 9 at pp. 1-2). HI did 
not recommend that DOE incorporate by reference HI 41.5 in full, but 
rather that DOE incorporate a table summarizing the appropriate Section 
of HI 41.5-2021 for each control method, and by referencing the 
appropriate Section of HI 41.5-2021 in each applicable section of the 
regulatory text. (HI, No. 9 at pp. 2-3).
    Grundfos stated that DOE should incorporate HI 41.5-2021, Table 
41.5.3 into appendix D, similar to Table 1 in appendix A, to clarify 
what testing is required based on the control method(s) of a circulator 
pump and to directly reference HI 41.5-2021 for testing

[[Page 57274]]

procedures instead of recreating the language within the test procedure 
itself. (Grundfos, No .7 at p. 7)
    NEEA also disagreed that DOE is not able to adopt HI 41.5-2021 
directly. NEEA stated that while HI 41.5-2021 is a rating guide for 
HI's Energy Rating program for circulators, it also contains the 
necessary test provisions for circulators and is identical to the test 
procedure DOE proposed. As such, NEEA found this proposal in the 
December 2021 NOPR to be confusing and burdensome for manufacturers and 
the market, as manufacturers have invested in testing and rating 
circulators according to HI 41.5-2021 and labeling equipment 
accordingly. NEEA noted that if there are minor difference between 
DOE's proposal and HI 41.5-2021, retesting might be required to ensure 
compliance without substantively affecting the efficiency of the 
equipment or the overall test result. NEEA stated that it would be more 
simple and less confusing to have just one test procedure for CEI. NEEA 
recommended that DOE reference the appropriate sections in HI 41.5-
2021, rather than writing each section out in full. (NEEA, No. 11 at 
pp. 2-3) NEEA's suggestions for references are consistent with those 
provided by HI.
    Following publication of the December 2021 NOPR, HI released a new 
version of HI 41.5, HI 41.5-2022 ``Hydraulic Institute Program 
Guideline for Circulator Pump Energy Rating Program''. In this version 
of the industry guideline, HI corrected errors in certain test methods, 
provided additional specificity regarding certain provisions, and 
removed provisions specific to the HI Energy Rating program. These 
changes are discussed in the following subsections. Having considered 
comments suggesting that adding additional regulatory text would be 
confusing and burdensome, and due to the changes made in HI 41.5-2022, 
DOE is incorporating by reference HI 41.5-2022, adopting only sections 
specific to the test methods for control modes as requested by 
stakeholders. This limitation of the reference addresses DOE's concerns 
about the inclusion of provisions not relevant to DOE.
    In the December 2021 NOPR, DOE proposed that manufacturers could 
select the control variety used for testing if the circulator pump 
model is distributed in commerce with multiple control varieties, which 
DOE expected would typically be the least consumptive control mode. 
However, DOE proposed that manufacturers may select multiple control 
varieties with which to test their circulator pumps and noted that DOE 
would address certification requirements in any future energy 
conservation standard rulemaking.\13\ DOE requested comment on this 
proposal. 86 FR 72096, 72108.
---------------------------------------------------------------------------

    \13\ For more information on any energy conservation standard 
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

    Joint Advocates stated that when given the option to choose a 
control variety for rating, it is expected that most manufacturers 
would choose the least consumptive control curve, so in practicality 
there would be little difference between the ``manufacturer-selected'' 
and the ``least-consumptive'' control methods. Joint Advocates stated 
that requiring additional reporting of ratings representing the ``most-
consumptive'' control method may encourage adoption of energy efficient 
options and would better inform purchases. (Joint Advocates, No. 8 at 
p. 3)
    Joint Advocates and CA IOUs noted that the HI labeling program 
requires testing of the most and least consumptive control modes. 
(Joint Advocates, No. 8 at p. 3; CA IOUs, No. 10 at p. 1) CA IOUs added 
that manufacturers are intended to compete primarily on the least 
consumptive control mode, that most manufacturers are participating, 
and that therefore manufacturers will have test data in hand for both 
most and least consumptive control modes. (CA IOUs, No. 10 at pp. 1-2)
    CA IOUs agreed with DOE's reasoning that the least consumptive 
control mode is where the products are most easily differentiated from 
each other and is representative of the circulator product performance 
in the field under a variety of scenarios. CA IOUs noted that there 
would be no need for DOE to specify least consumptive prescriptively 
and supported the proposal that manufacturers select the control mode 
to be tested. (CA IOUs, No. 10 at p. 2)
    CA IOUs recommend that DOE require reporting of the most 
consumptive product performance values and reporting of the control 
type used for certification rating (i.e., least consumptive). CA IOUs 
noted that the most consumptive control mode data is a direct 
indication of product mechanical performance at the CEI rating load 
points, unlike the least consumptive mode which also assesses the 
control system's performance. (Id.) CA IOUs also noted that the control 
scheme used can have a considerable influence on the results of the CEI 
rating at the least consumptive control method, so the CA IOUS 
recommended that control scheme used as part of rating should be 
reported in a supplemental information field. CA IOUs recommended that 
adaptive pressure controls have a unique control classification as part 
of the rating. (Id.)
    NEEA recommended that DOE require testing in the most consumptive 
control strategy, likely full speed, and set the performance standard 
at efficiency level (``EL'') 1.5 (i.e., a nominally lower efficiency 
level than the EL2 recommended by the CPWG). NEEA stated that the 
intent of a DOE standard and the CPWG recommendation is to raise the 
performance of all circulators in commerce to a minimum threshold, 
which should be one to be powered by electrically commutated (``EC'') 
motors. NEEA stated that the proposed test procedure requires 
circulators to be capable of reaching the required efficiency level but 
allows equipment to operate below the rated efficiency when installed. 
NEEA stated that this approach is not an appropriate regulatory 
mechanism nor is it representative of how circulators are operated in 
the market. Therefore, NEEA recommended testing in the most consumptive 
control strategy. (NEEA, No. 11 at p. 2) NEEA added that non-guaranteed 
performance would discourage utility circulator energy conservation 
programs. (NEEA, No. 11 at p. 7) NEEA stated that a DOE standard based 
on the most consumptive control setting creates a baseline above which 
utilities can incentivize increased performance, such as using the 
least consumptive control setting. (NEEA, No. 11 at p. 9)
    NEEA stated that it believed the CPWG intent was for all circulator 
pumps sold in commerce to be equipped with either an EC motor or 
advanced controls. NEEA stated that by using least consumptive as the 
standard, installers would have the option to choose between controls 
that meet DOE's standard and controls that do not. NEEA stated that it 
did not believe that the least consumptive setting available is 
representative of how circulators with multiple control strategies will 
be installed, and that at this time information on what is 
representative is not available (NEEA, No. 11 at p. 6)
    NEEA commented that not all EC motors meet EL 2 (the level 
recommended by the CPWG), and as such EL 1.5 might be appropriate when 
paired with a most consumptive requirement (which would tend to produce 
lower ratings for a given circulator pump model). NEEA stated that if 
DOE allows manufacturers to choose the control setting, then EL2 is 
appropriate. (NEEA, No. 11 at p. 7) NEEA stated that testing in the 
most consumptive setting and using EL 1.5 as

[[Page 57275]]

the standard allows DOE to increase the standard in future circulator 
rulemakings, which would be difficult based on least consumptive 
settings. (NEEA, No .11 at p. 9)
    NEEA also recommended that DOE allow manufacturers to test in 
another control setting of their choosing to represent the range of 
efficiency available in a product to the market, and that the CEI of 
the most consumptive control strategy and any other CEI be reported to 
DOE and included on the circulator nameplate. (NEEA, No. 11 at p. 6) 
NEEA stated that multiple ratings would support the market in adopting 
energy efficient options and technologies beyond the minimum threshold 
set by the standard. NEEA noted that manufacturers already support 
testing in most consumptive control setting through the HI Energy 
Rating program. (NEEA, No. 11 at p. 8)
    HI stated that, for DOE compliance, the manufacturer should be able 
to select any control mode that results in a compliant rating. (HI, No. 
9 at p. 4) Grundfos agreed that the manufacturer should be allowed to 
select the control method tested. However, Grundfos stated that 
reporting of the control method used, and the actual parameters of the 
testing need to be addressed in detail in the circulator efficiency 
standard. Grundfos gave as an example, where a user can adjust 
setpoints for maximizing their system, this should be detailed in 
reporting to DOE, so repeatability of testing is possible. (Grundfos, 
No. 7 at p. 2)
    DOE is adopting provisions in section 2.2 of appendix D to allow 
manufacturers to use the DOE test procedure to test any control variety 
available on a given circulator pump model, as proposed in the December 
2021 NOPR. In response to NEEA's recommendation that DOE require 
testing in the most consumptive control strategy, DOE notes that 
circulator pumps may be sold with multiple control varieties, and DOE 
has determined that consumers may benefit from having access to CEI 
ratings at full speed and with various control options. Whether 
compliance with any standard established, should energy conservation 
standards be established, would be based on a specific control mode (or 
no controls), or whether certain information related to the control 
mode used for testing would be required as part of certification, would 
be addressed in an energy conservation standard rulemaking.
1. Definitions Related to Circulator Pump Control Varieties
    In the December 2021 NOPR, DOE proposed to define external input 
signal control, manual speed control, pressure control, and temperature 
control as recommended by the CPWG and consistent with HI 41.5-2021:
     Manual speed control means a control (variable speed drive 
and user interface) that adjusts the speed of a driver based on manual 
user input.
     Pressure control means a control (variable speed drive and 
integrated logic) that automatically adjusts the speed of the driver in 
response to pressure.
     Temperature control means a control (variable speed drive 
and integrated logic) that automatically adjusts the speed of the 
driver continuously over the driver operating speed range in response 
to temperature.
     External input signal control means a variable speed drive 
that adjusts the speed of the driver in response to an input signal 
from an external logic and/or user interface.
    86 FR 72096, 72108-72109.
    DOE also proposed to define adaptive pressure control as follows:

    Adaptive pressure control means a pressure control that 
continuously senses the head requirements in the system in which it 
is installed and adjusts the control curve of the pump accordingly.
    DOE requested comment on this definition. 86 FR 72096, 72109.

    In response, HI suggested modifications to the proposed definition 
and stated that adaptive pressure control pumps do not always operate 
continuously. HI proposed the following definition:
    Adaptive pressure control means a pressure control that senses the 
head requirements in the system in which it is installed and adjusts 
the pump control curve accordingly.
    (HI, No. 9 at p. 4)
    Grundfos agreed with the suggested modification detailed by HI. 
(Grundfos, No. 7 at p. 2)
    In this final rule, for the reasons discussed in the December 2021 
NOPR, DOE adopts the definitions for external input signal control, 
manual speed control, pressure control, and temperature control as 
proposed in the December 2021 NOPR. For the reasons discussed in the 
NOPR, and in order to capture controls that do not always operate 
continuously, as identified by HI and Grundfos, DOE is adopting the 
definition for adaptive pressure control as recommended by HI and 
Grundfos.
2. Reference System Curve
    In the December 2021 NOPR, DOE stated that all recommended test 
methods for circulator pump control varieties, which involve variable 
speed control of the circulator pump, specify test points with respect 
to a representative system curve. 86 FR 72096, 72109. That is, for 
circulator pumps with manual speed controls, pressure controls, 
temperature controls, or external input signal controls, a reference 
system curve is implemented to be representative of the speed reduction 
that is possible in a typical system to provide representative results. 
Id. For circulator pumps with no controls, no reference system is 
required as measurements are taken at various test points along a pump 
curve at maximum speed only. Id.
    Such a reference system curve describes the relationship between 
the head and the flow at each test point in a typical system. 
Additionally, a reference system curve that is representative of a 
typical system in which circulator pumps are installed may also allow 
for the differentiation of control varieties to be reflected in the 
resulting ratings. DOE proposed to incorporate a quadratic reference 
system curve as recommended by the CPWG and consistent with HI 41.5-
2021, which includes this reference curve in each of the individual 
control test methods (sections 41.5.3.4.2 #3d, 41.5.3.4.3 #2, 
41.5.3.4.4.1 #2, 41.5.3.4.4.2 #2, and 41.5.3.4.5 #2d). Id. The proposed 
reference system curve intersects the BEP and has a static offset of 20 
percent of BEP head, as shown in equation (2).
[GRAPHIC] [TIFF OMITTED] TR19SE22.018


[[Page 57276]]


Where:

H = the pump total head (ft),
Q = the flow rate (gpm),
Q100 = flow rate at 100 percent of BEP flow 
(gpm), and
H100 = pump total head at 100 percent of BEP flow 
(ft).

    86 FR 72096, 72109-72110.

    DOE received no comments on the proposed reference system curve. As 
noted in section II, DOE is incorporating by reference sections of HI 
41.5-2022 for each control mode test method, which include the 
reference curve equation, and is the same as HI-41.5-2021. As such, DOE 
is adopting the proposed reference curve through reference to HI 41.5-
2022 and is not establishing an additional section in its test 
procedure specifying the reference curve as applicable to all test 
methods.
    As such, DOE adopts the curve as described in Equation 2 and 
proposed in the December 2021 NOPR. Pressure Control.
    In the December 2021 NOPR, DOE proposed a test method for 
circulator pumps with pressure controls consistent with the method 
included in HI 41.5-2021 and deviating from that proposed by the CPWG. 
86 FR 72096, 72111-72112. Specifically, DOE proposed that circulator 
pumps with pressure controls be tested at test points of 25, 50, 75, 
and 100 percent of BEP flow based on a manufacturer-selected control 
curve that is available to the end user, must produce a head equal to 
or greater than 25 percent of BEP head at a minimum of one test point, 
and must achieve 100 percent BEP flow of the reference curve. Id. at 86 
FR 72112. DOE proposed that such the test points may be obtained based 
on automatic speed adjustment, manual speed adjustment, or simulated 
pressure signal, or a combination of these adjustments, including 
throttling. Id. Additionally, DOE proposed that the CEI for circulator 
pumps with pressure controls be calculated with the unique weights and 
test points as shown in equation (3):
[GRAPHIC] [TIFF OMITTED] TR19SE22.019

Where:

CER = circulator pump energy rating (hp);
wi = weight of 0.05, 0.40, 0.40, and 0.15 at test points 
of 25, 50, 75, and 100 percent of BEP flow, respectively;
Pin,i = power input to the driver at each test point i 
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the 
flow at BEP.

    Id. at 86 FR 72110.

    Additionally, in a deviation from CPWG recommendations and based on 
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE stated that it agreed with commenters that it is important 
for the test method to capture the variety of pressure controls on the 
market, and that correction back to the reference curve would prevent 
any unfair advantage among the variety of controls on the market. Id. 
at 86 FR 72112. DOE requested comment on the proposed test method for 
circulator pumps with pressure controls. Id.
    Joint Advocates supported the proposed update, consistent with HI 
41.5-2021, relating to pressure control system test points, stating 
that they understand that many programmed control curves were not 
testable under the older methodology because the control systems of 
some circulator pumps may operate at head pressures below the reference 
curve provided in HI 41.5-2018. Referring to the proposed update and 
the contents of HI 41.5-2021, Joint Advocates added that they 
understand that the power correction back to the reference curve 
assumes a constant pump efficiency, is valid, and does not give an 
arbitrary advantage to products using this assumption. (Joint 
Advocates, No. 8 at p. 2) Grundfos stated that DOE should not recreate 
language from HI 41.5 and instead point to HI 41.5.3.4.2 for testing 
circulator pumps with pressure controls. (Grundfos, No. 7 at p. 2)
    In the December 2021 NOPR, DOE stated that it was aware of some 
circulator pumps that are equipped with user-adjustable pressure 
controls such that the maximum and minimum head values on the control 
curve can be set to specifically match the system into which the pump 
is being installed. 86 FR 72096, 72112. DOE's interpretation of HI 
41.5-2021 was that these types of controls are not addressed in the 
industry standard. To test such controls, DOE proposed that the maximum 
and minimum head values on user-adjustable pressure controls may be 
adjusted, if possible, to coincide with a maximum head value at the 
pump's BEP and a minimum head value equivalent to 20 percent of the BEP 
head value (consistent with the static offset of the proposed reference 
system curve). Id. If only the maximum or minimum head value can be 
adjusted, DOE proposed that only the adjustable setting would be 
adjusted. In either case, DOE also proposed that the settings can be 
adjusted for testing only if they are adjustable by the user. Id. DOE 
stated that this proposed methodology would result in the most 
representative performance of such adjustable controls by preventing 
the testing of specifically tuned control options that would not be 
representative of likely field performance. Id. DOE noted that further 
adjustment to attain 100 percent of BEP head would be required. Id.
    In summary, for adjustable pressure controls with user-adjustable 
maximum and/or minimum head values, DOE proposed to allow one-time 
manual adjustment of the maximum and/or minimum control curve head 
values, as applicable, to coincide with a maximum head value at the 
pump's BEP and a minimum head value equivalent to 20 percent of the BEP 
head value with all subsequent test points taken along the adjusted 
control curve. DOE requested comment on whether specific test 
provisions for circulator pumps equipped with user-adjustable pressure 
controls are needed, and if so, on the proposed provisions for such 
pumps. Id.
    Joint Advocates supported DOE's approach to testing user-adjustable 
controls, noting that DOE's interpretation of HI 41.5-2021 is that 
these controls are not addressed in the industry standard. Joint 
Advocates stated that, importantly, DOE's proposal states that settings 
can only be adjusted for testing if they are adjustable by the user, 
which would prevent testing of specifically tuned control options that 
are not representative. (Joint Advocates, No. 8 at pp. 2-3)
    HI and Grundfos stated that circulator pumps with user-adjustable 
pressure controls are addressed in HI 41.5-2021 in section 41.5.3.4.2 
and should be tested accordingly. (HI, No. 9 at pp. 4-5; Grundfos, No. 
7 at p. 2) HI noted that no special provisions or alternative test

[[Page 57277]]

methods are needed. (HI, No. 9 at p. 5) Grundfos added that DOE should 
properly collect this adjustment data through reporting for repeatable 
testing. (Grundfos, No. 7 at p. 2)
    Upon review of HI 41.5-2021, DOE finds that its proposals in the 
December 2021 NOPR related to adjustable pressure controls are a more 
specific implementation of the requirements for pressure controls in 
section 41.5.3.4.2 #3. Specifically, user-adjustable controls allow the 
user to create a control curve, and the control curve created by 
adjusting the maximum and/or minimum head values must be available to 
the end user, produce a head equal to or greater than 25 percent of BEP 
head at a minimum of one test point, and achieve 100 percent BEP flow 
of the reference curve. While DOE's proposal has more specificity that 
could increase repeatability, DOE notes that all of DOE's proposed test 
methods for the various speed control varieties, as well as the methods 
in HI 41.5-2022, allow some discretion by the manufacturer with regard 
to exactly which settings to use. As such, DOE is not adopting its 
proposal specific to user-adjustable controls, and, in response to 
Grundfos, DOE will address certification reporting requirements related 
to control curve settings in a separate rulemaking.
    In the December 2021 NOPR, DOE stated that adaptive pressure 
controls are installed in similar applications as pressure controls but 
can also be effective at reducing the head and flow provided in single-
zone systems to adjust for typical pump oversizing. Also, due to the 
ability of adaptive pressure controls to measure and automatically 
adjust to the system requirements over time, adaptive pressure controls 
can result in optimized performance and energy use as compared to 
pressure-based controls. 86 FR 72096, 72112.
    Consistent with HI 41.5-2021, for adaptive pressure controls, DOE 
proposed to test at each test point at the minimum thresholds for head 
noted in the manufacturer literature or the head values specified along 
the reference system curve, whichever is greater. In addition, although 
not included in HI 41.5-2021, DOE also proposed that if the pump does 
not have a manual control mode available, the speed would be adjusted 
based on the pressure control mode with the lowest head at each load 
point, and if the selected pressure control results in a head value 
below the reference system curve, the pump would be throttled to 
achieve a head value at or above the reference system curve. 86 FR 
72096, 72114.
    DOE requested comment on the proposed test methods for circulator 
pumps with adaptive pressure controls, and, in particular, on the 
proposed provisions not included in HI 41.5-2021, including for pumps 
without a manual control mode, whether throttling should be allowed to 
achieve head above the reference system curve, or instead head should 
be allowed below the reference system curve and adjusted back to the 
curve, as with other non-adaptive pressure controls. DOE also requested 
comment on the HI 41.5-2021 provision for manual adjustment to achieve 
100 percent BEP flow and head point at max speed, which is not included 
for other pressure controls. Id.
    Joint Advocates supported the proposed test methodology for 
adaptive pressure controls as a reasonable approach, while encouraging 
DOE in the future to gather field data related to real-world operating 
points. (Joint Advocates, No. 8 at p. 2)
    HI and Grundfos stated that HI 41.5-2021 treats adaptive pressure 
controls with the same methodology as all pressure controls, and that 
section 41.5.3.4.2 #4 is a subset of the pressure testing methodology 
and not a standalone test methodology. (HI, No. 9 at p. 5; Grundfos, 
No. 7 at p. 2) HI added that it would be rare that the circulator BEP 
would be outside of the adaptive controls operating area, so the 
difference between throttling and adjusting back to the curve would not 
be an issue, unless the BEP is outside the control area. HI stated that 
a pump without manual speed adjustment would still allow use of a 
throttling equivalent (as noted in section 41.5.3.4.2 #2b) to get back 
to the BEP flow, which can then be corrected back to BEP on the 
reference curve. (HI, No. 9 at p. 5)
    In response to HI and Grundfos, DOE notes that HI 41.5-2021 
contained discrepancies with regard to the methodology in section 
41.5.3.4.2 #4 (adaptive pressure controls) compared to #2 and #3 (all 
pressure controls). Specifically, #4 only allows manual speed 
adjustment, while #2 also allows throttling and simulated pressure 
signal. In addition, #4 requires head values to be above the reference 
curve, while #3 does not require this. In the recent publication of HI 
41.5-2022, HI included several updated to section 41.5.3.4.2 that 
address DOE's proposals related to adaptive pressure controls, 
specifically removing the identified discrepancies, so that #4 now 
provides additional testing provisions for adaptive pressure controls, 
but not conflicting provisions. This update indicates that the 
provision requiring adaptive pressure controls to achieve head values 
at or above the reference curve was erroneous.
    In addition, HI 41.5-2022 has moved the contents of section 
41.5.3.4.2 #5, which discussed the choice and reporting of factory 
control curves specific to the HI Energy Rating Program, but not 
necessary for conduct of the test method, to a separate section of the 
guideline. As such, DOE will reference the entire section.
    For these reasons, DOE is adopting the test method for pressure 
speed controls by referencing HI 41.5-2022 section 41.5.3.4.2. As 
noted, this test method contains some differences from the test method 
proposed by DOE in that it does not include specific provisions for 
user-adjustable controls, which DOE has determined are not necessary, 
and that it has revised the test method for adaptive pressure controls 
to be more consistent with the test method for pressure controls in 
general, while providing necessary additional specifications. The 
overall test method for pressure controls in HI 41.5-2022 section 
41.5.3.4.2 in general is consistent with that proposed in the December 
2021 NOPR. DOE has determined that the revised test method for adaptive 
pressure controls will produce representative results for such 
equipment and would not be unduly burdensome to conduct.
3. Temperature Control
    Temperature controls are controls that automatically adjust the 
speed of the variable speed drive in the pump continuously over the 
operating speed range to respond to a change in temperature of the 
operating fluid in the system. Typically, temperature controls are 
designed to achieve a fixed temperature differential between the supply 
and return lines and adjust the flow rate through the system by 
adjusting the speed to achieve the specified temperature differential. 
Similar to pressure controls, temperature controls are also designed 
primarily for hydronic heating applications. However, temperature 
controls may be installed in single- or multi-zone systems and will 
optimize the circulator pump's operating speed to provide the necessary 
flow rate based on the heat load in each zone. Unlike pressure 
controls, there are no minimum head requirements inherent to the 
temperature control, so temperature controls have the potential to use 
the least amount energy to serve a given load. 86 FR 72096, 72114.
    The CPWG recommended that for circulator pumps distributed in 
commerce with temperature controls, PERCIRC should be 
calculated in the

[[Page 57278]]

same way and with the same weights as for pressure controls, as shown 
in equation (4). (Docket No. EERE-2016- BT-STD-0004, No. 58 
Recommendation #6A at pp. 4-5)
    In the December 2021 NOPR, DOE tentatively determined that the CPWG 
recommendation for temperature controls would allow for temperature 
controls to be tested in a way that captures the potential energy 
savings from this control variety without being overly burdensome for 
manufacturers to conduct. Therefore, DOE proposed to adopt the 
recommendations of the CPWG to test temperature controls based on 
manual speed adjustment or with simulated temperature signal to 
activate the temperature-based control to achieve the test point flow 
rates with a head at or above the reference system curve. Additionally, 
DOE proposed to use the weights and test points shown in equation (4) 
of the December 2021 NOPR (equation (3) in this final rule) for 
circulator pumps distributed in commerce with temperature controls. DOE 
requested comment on the proposed test methods, test points, and 
weights for circulator pumps with temperature controls. 86 FR 72096, 
72115.
    Joint Advocates supported testing of temperature controls as 
recommended by the CPWG. (Joint Advocates, No. 8 at p. 1) HI agreed 
with the proposed testing of temperature controls but noted that the 
terminology in the equations should be updated to reflect CEI and CER. 
(HI, No. 9 at p. 6) Grundfos agreed with the temperature control 
testing but stated that DOE should directly reference HI 41.5.3.4.3 
instead of recreating this language within the test procedure. 
(Grundfos, No. 7 at p. 3)
    In response to HI, DOE notes that the regulatory text proposed in 
section V.C of appendix D reflected CER terminology. 86 FR 72096, 
72144. This proposed regulatory text, which DOE based on the test 
procedure from HI 41.5-2021, is consistent with the content of HI 41.5-
2022. DOE adopts the test method for temperature controls as proposed, 
but instead of including regulatory text, DOE is referencing HI 41.5-
2022 section 41.5.3.4.3, as requested by stakeholders. This section is 
consistent with the regulatory text proposed in the NOPR, and as such 
does not representative a substantive change.
4. Manual Speed Control
    In the December 2021 NOPR, DOE proposed to test circulator pumps 
with manual speed controls consistent with the provisions in Section 
41.5.3.4.5 of HI 41.5-2021, as follows: (1) the tested control must 
produce head equal to or greater than 25 percent of BEP head at a 
minimum of one test point (HI 41.5-2021 section 41.5.3.4.5 #2a), and 
(2) the control curve setting being evaluated must achieve 100 percent 
BEP flow of the reference curve (HI 41.5-2021 section 41.5.3.4.5 #2b). 
DOE also proposed that the CER be calculated as the weighted average of 
Pin,max and Pin,reduced, as shown in equations 
(5), (6), and (7):
[GRAPHIC] [TIFF OMITTED] TR19SE22.020

Where:

CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.75;
Pin_max = weighted average input power at maximum 
rotating speed of the circulator (hp), as specified in equation (6);
zreduced = speed factor weight of 0.25; and
Pin_reduced = weighted average input power at reduced 
rotating speed of the circulator (hp), as specified in equation (7).
[GRAPHIC] [TIFF OMITTED] TR19SE22.021

Where:

Pin_max = weighted average input power at maximum speed 
of the circulator (hp);
wi_max = 0.25;
Pin,i_max = power input to the driver at maximum rotating 
speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the 
flow at BEP.
[GRAPHIC] [TIFF OMITTED] TR19SE22.022

Where:

Pin_reduced = weighted average input power at reduced 
speeds of the circulator (hp);
wi_reduced = 0.3333;
Pin,i_reduced = power input to the driver at reduced 
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at 
BEP of max speed.

    86 FR 72096, 72115-72116.

    Additionally, in a deviation from CPWG recommendations and based on 
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE did not propose that all test points

[[Page 57279]]

on a control curve must exist above the reference curve. DOE noted that 
HI 41.5-2021 section 41.5.3.4.5 #3 still retained that provision, which 
DOE assumed to be an error based on HI's comments and recommendations 
in response to the May 2021 RFI. 86 FR 72096, 72116.
    DOE tentatively determined that the proposed test methods for 
manual speed control circulator pumps are appropriate and 
representative, as they account for the likelihood that a circulator 
pump with manual speed controls will be installed and operated at 
maximum speed, but also accounts for the potential energy savings 
associated with reduced speed operation. 86 FR 72096, 72116. DOE 
requested comment on the proposed test method and the unique test 
points, weights, and speed factors for circulator pumps distributed in 
commerce with manual speed controls. Id. at 86 FR 72117.
    Grundfos continued to state, as it did in response to the May 2021 
RFI, that manual speed control should not be a separate test method, as 
the devices are typically operated 75 percent of the time at full 
speed, and a manufacturer could benefit by adding alternate speeds that 
are never used. Grundfos suggested that if manual speed testing is 
maintained, a CEI value should be required for each setting available 
to consumers so that consumers can understand the true efficiency. 
(Grundfos, No. 7 at p. 3)
    As discussed in the December 2021 NOPR, the CPWG addressed the 
issues raised by Grundfos in discussing how the test points at maximum 
speed were designed to represent the performance at maximum speed and 
account for operation at maximum speed the majority of the time, while 
the test points at reduced speed allowed some ``credit'' for being able 
to reduce speed. 86 FR 72096, 72116; (Docket No. EERE-2016-BT-STD-0004, 
No. 70 at p. 201-202) The CPWG concluded that about 75 percent of the 
time, circulator pumps with manual speed controls are operated at 
maximum speed, as reflected in its recommended procedure. (Docket No. 
EERE-2016-BT-STD-0004, No. 71 at p. 377) For these reasons, DOE 
proposed to include manual speed control as a test method in the 
circulator pump test procedure. 86 FR 72096, 72116. Grundfos did not 
add additional information in their comment in response to the December 
2021 NOPR, and as such DOE is adopting a test method for circulator 
pumps with manual speed control in this final rule. DOE will address 
Grundfos' suggestion for CEI ratings for multiple settings in a 
separate certification rulemaking.
    Joint Advocates supported testing manual controls with test point 
weightings as recommended by the CPWG and using updated testing 
methodology consistent with HI 41.5-2021, for the same reasons 
discussed for pressure controls. (Joint Advocates, No. 8 at p. 1-2) HI 
supported the proposed testing for manual controls but noted that the 
terminology in the equations should be updated to reflect CEI and CER. 
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference 
HI 41.5.3.4.5, instead of recreating this language within the test 
procedure. (Grundfos, No. 7 at p. 3)
    In the December 2021 NOPR, DOE noted that HI 41.5-2021 section 
41.5.3.4.5 #3 includes a provision for head to be at or above the 
reference curve, as originally recommended by the CPWG, which DOE 
assumed to be an error based on HI's comments and recommendations in 
response to the May 2020 RFI. DOE also noted that the introductory text 
of HI 41.5-2021 section 41.5.3.4.5 specifies that the test method 
applies to manual speed control, which can be operated without an 
external input signal, but DOE stated it believed this provision is 
superfluous as manual speed controls by definition do not require an 
external input signal. 86 FR 72096, 72116-72117. DOE did not include 
these provisions in its proposed test method for manual speed control. 
DOE did not receive comments specifically related to these issues, but 
in the recent publication of HI 41.5-2022, the provisions that DOE 
assumed to be erroneous have been removed. In response to HI's 
comments, the proposed regulatory text regarding the manual speed 
control test method did reflect CEI and CER; HI 41.5-2022 also reflects 
this terminology.
    DOE also notes that in the proposed regulatory text for manual 
speed controls, DOE proposed that the control curve must be available 
to the end user. 86 FR 72096, 72142. This provision was not specified 
in HI 41.5-2021 but has been added to HI 41.5-2022. DOE has determined 
that this requirement will improve the representativeness of CEI 
ratings for circulator pumps with manual speed controls as it will 
prevent manufacturers from rating with speeds that cannot be used in 
the field. The remainder of the provisions in HI 41.5-2022 section 
41.5.3.4.5 are consistent with DOE's proposals and with HI 41.5-2021.
    For these reasons, DOE adopts the test method for manual speed 
control as proposed in the NOPR but is referencing HI 41.5-2022 section 
41.5.3.4.5 instead of including regulatory text. This section is 
consistent with the regulatory text proposed in the NOPR, and as such 
does not representative a substantive change.
5. External Input Signal Control
    In the December 2021 NOPR, DOE proposed to specify a test method 
for circulator pumps sold only with external input signal control and 
that cannot operate without an external input signal. 86 FR 72096, 
72118. Specifically, DOE proposed to test along the reference system 
curve to achieve the test point flow rates with a head at or above the 
reference curve, and that CEI would be calculated as shown in equation 
(2) of the December 2021 NOPR (equation (1) in this final rule). Id. 
DOE also proposed that the speed of the pump could be adjusted using 
either manual speed adjustment or with a simulated external signal to 
achieve the specified flow rates. Id. at 86 FR 72141.
    DOE also proposed to test circulator pumps sold with external input 
signal controls along with other controls, or which can be operated 
without an external input signal control, both: (1) along the maximum 
speed circulator pump curve to achieve the test point flow rates for 
the max speed input power values and (2) with speed adjustment that 
will achieve a head at or above the reference system curve at the test 
point flow rates for the reduced speed input power values. DOE proposed 
that in either case, either manual speed adjustment or simulated 
external input signal can be used to achieve the relevant flow rates. 
DOE did not propose that the speed adjustment include the ``lowest 
speed setting'' that results in a head value at or above the reference 
system curve, as recommended by the CPWG; however, DOE addressed this 
issue in its enforcement provision proposals. Finally, DOE proposed 
that the CEI should be calculated as the weighted average of 
Pin,max and Pin,reduced, as shown in equations 
(8), (9), and (10).

[[Page 57280]]

[GRAPHIC] [TIFF OMITTED] TR19SE22.023

Where:

CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.30;
Pin_max = weighted average input power at maximum 
rotating speed of the circulator pump (hp);
zreduced = speed factor weight of 0.70; and
Pin_reduced = weighted average input power at reduced 
rotating speed of the circulator (hp).
[GRAPHIC] [TIFF OMITTED] TR19SE22.024

Where:

Pin_max = weighted average input power at maximum speed 
of the circulator (hp);
wi_max = 0.25;
Pin,i_max = power input to the driver at maximum rotating 
speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the 
flow at BEP.
[GRAPHIC] [TIFF OMITTED] TR19SE22.025

Where:

Pin_reduced = weighted average input power at reduced 
speeds of the circulator pump (hp);
wi_reduced = 0.3333;
Pin,i_reduced = power input to the driver at reduced 
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at 
BEP of max speed and head values at or above the reference curve.
86 FR 72096, 72117-72118.

    DOE requested comment on the proposed test method and the unique 
test points, weights, and speed factors for circulator pumps 
distributed in commerce with external input signal controls. 86 FR 
72096, 72118. In particular, DOE requested comment on whether manual 
speed adjustment and/or simulated external input signal are appropriate 
for testing circulator pumps with external input signal only, as well 
as circulator pumps with external input signal in addition to other 
control varieties. Id. DOE also sought comment on whether it is 
necessary to reference the ``lowest speed setting'' when determining 
the appropriate test points. Id. Finally, DOE sought comment on whether 
the test points and weights for circulator pumps distributed in 
commerce with external input signal control in addition to other 
control varieties are appropriately reflective of their energy 
consumption in the field relative to other control varieties. Id.
    In response, Grundfos stated that delta T and temperature control 
test methods should be combined.\14\ Grundfos noted that the speed of 
the pump is the primary function determining efficiency, that both test 
methods control the pumps speed, as in both cases they simulate inputs 
to conduct testing and attempt to model the reference curve with those 
inputs, and therefore separate test requirements are not necessary. 
(Grundfos, No. 7 at p. 3).
---------------------------------------------------------------------------

    \14\ Delta T and temperature controls refer to the same type of 
control. As discussed in the next paragraph, DOE believes this is an 
error.
---------------------------------------------------------------------------

    DOE assumes that Grundfos is recommending that the test methods for 
temperature controls and external input signal controls be combined, as 
they suggested in response to the May 2021 RFI. (Grundfos, No. 113 at 
p. 4) As discussed in the December 2021 NOPR, the CPWG considered the 
category of external input signal controls as separate from temperature 
controls. Specifically, the CPWG noted that unlike pressure and 
temperature controls, for external input signal controls, the logic 
that defines how the circulator pump operating speed is selected in 
response to some measured variable (e.g., temperature, pressure, or 
boiler fire rate) is not integral to the circulator as distributed in 
commerce. Instead, it is part of another control system, such as a 
building management system or a boiler control system. (Docket No. 
EERE-2016-BT-STD-0004, No. 72 at p. 83-84); 86 FR 72096, 72115.
    DOE also noted that the test method recommended by the CPWG and in 
HI 41.5-2021 for circulator pumps with external input signal controls 
only and that cannot operate without an external signal control is the 
same as the test method for circulator pumps with temperature control. 
86 FR 72096, 72115. However, the CPWG recommended, and HI 41.5-2021 
included, a different test method for external input signal controls 
with other control varieties or that can be operated without external 
input signal control. Id. The CPWG asserted that if external input 
signal control is one of multiple options available on a circulator 
pump, or the pump is able to operate without an external input signal, 
it is less likely that the external input signal control option is 
going to be utilized since it requires external logic and equipment in 
order to operate properly. (Docket No. EERE-2016-BT-STD-0004, No. 72 at 
pp. 216-218, 229); 86 FR 72096, 72117. The CPWG recommended testing

[[Page 57281]]

circulator pumps with external input signal controls similar to manual 
speed controls. (Docket No. EERE-2016-BT-STD-0004, No. 47 at p. 480); 
86 FR 72096, 72117.
    For these reasons, DOE proposed separate test methods for 
temperature controls, external input signal controls only (identical to 
the test method for temperature controls), and external input signal 
controls with other control varieties. 86 FR 72096, 72115.
    In its response to the December 2021 NOPR, Grundfos has not 
introduced additional information beyond that provided in its May 2021 
RFI comments that would contribute to DOE amending the test methods as 
proposed. (See Grundfos, No. 7 at p. 3)
    HI agreed with the proposal in the NOPR, which they stated is 
incorporated within the appropriate testing sections of HI 41.5-2021. 
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference 
HI 41.5-2021 sections 41.5.3.4.4.1 for external control only and 
41.5.3.4.4.2 for external control with other control methods, instead 
of recreating the language within the test procedure. (Grundfos, No. 7 
at p. 3)
    HI stated that additional clarification for ``lowest speed 
setting'' is not necessary. (HI, No. 9 at p. 6) Grundfos also stated 
that adding ``lowest speed setting'' to the testing requirements is not 
required for repeatability and would put test points at or near the 
minus 5 percent region of flow. Grundfos stated that DOE testing should 
attempt to achieve a head/flow as close to the reference curve/test 
point as possible. (Grundfos, No. 7 at p. 3)
    In the December 2021 NOPR, DOE noted that HI 41.5-2021 contained 
some discrepancies between the two external input signal control 
methods regarding testing with manual speed adjustment and/or simulated 
external input signal. 86 FR 72096, 72118. DOE proposed to allow both 
manual speed adjustment and simulated external input signal for both 
test methods. Id at 86 FR 72141.
    No commenters responded to DOE's request regarding whether manual 
speed adjustment and/or simulated external input signal are appropriate 
for testing circulator pumps with external input signal only, as well 
as circulator pumps with external input signal in addition to other 
control varieties. However, in the recent publication of HI 41.5-2022, 
HI amended the test method to both allow manual speed adjustment and 
simulated external input signal, regardless of whether external input 
signal control is the only control mode, as proposed by DOE. The 
remainder of the provisions regarding external input signal controls 
are the same in HI 41.5-2022 as in HI 41.5-2021, and also consistent 
with DOE's proposals.
    In response to the comments from HI and Grundfos, DOE is not 
adopting a reference to the ``lowest speed'' setting in the test method 
for external input control, consistent with the December 2021 NOPR 
proposal and HI 41.5-2022. DOE addresses enforcement testing in section 
III.F.2 of this document.
    In this final rule, DOE is adopting the test methods for external 
input signal controls by referencing HI 41.5-2022 sections 41.5.3.4.4.1 
and 41.5.3.4.4.2, rather than including regulatory text. The test 
methods in those sections of HI 41.5-2022 are consistent with that 
proposed by DOE and as such this does not represent a substantive 
change.
6. No Controls or Full Speed Test
    In the December 2021 NOPR, consistent with the recommendations of 
the CPWG, DOE proposed to test circulator pumps without external input 
signal, manual, pressure, or temperature controls along the maximum 
speed circulator pump curve to achieve the test point flow rates. DOE 
agreed that since these circulator pumps with no controls are single-
speed controls and only have a single speed, testing at maximum speed 
is representative of the typical operation of circulator pumps with no 
controls. Additionally, DOE proposed to use equation (11):
[GRAPHIC] [TIFF OMITTED] TR19SE22.026

Where:

CER = circulator pump energy rating (hp);
wi = 0.25;
Pin,i = power input to the driver at each test point i 
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the 
flow at BEP.
86 FR 72096, 72119.

    To provide regulatory clarity about which pumps must be rated using 
the ``no controls'' test method, but also accommodate the option for 
any pump to be rated using the ``no controls'' test method, DOE 
proposed to refer to this test method in the regulatory text as the 
test method for circulator pumps without external signal, manual, 
pressure, or temperature controls (i.e., full speed test). DOE also 
proposed additional language in the scope section regarding this 
clarification. Id.
    DOE requested comment on the proposed test method for circulator 
pumps distributed in commerce with no controls. Id.
    HI agreed with the proposal for pumps with no controls and stated 
that DOE should incorporate by reference section 41.5.3.4.1 for ``Full 
speed or without pressure, temperature, external input signal or manual 
speed control.'' (HI, No. 9 at p. 6) Grundfos also agreed with the 
proposed test method and stated that DOE should reference HI 41.5-2021 
section 41.5.3.4.1, use language consistent with HI 41.5, and name this 
test method ``Full speed.'' (Grundfos, No. 7 at p. 3)
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, DOE is adopting the proposed test method for 
circulator pumps without external input signal, manual, pressure, or 
temperature controls (full speed test) in this final rule. In response 
to HI and Grundfos, DOE is re-ordering the title of this test method 
to: ``Testing and Calculation of CER for Full Speed Test and for 
Circulator Pumps without External Input Signal, Manual, Pressure, or 
Temperature Controls.'' In addition, instead of including regulatory 
text, DOE is referencing HI 41.5-2022 section 41.5.3.4.1, which is 
identical to HI 41.5-2021 section 41.5.3.4.1, as requested by 
stakeholders. This section contains the same content as the NOPR 
proposal and does not represent a substantive change.

E. Determination of Circulator Pump Performance

    In the December 2021 NOPR, DOE stated that as part of the September 
2016 CPWG Recommendations, the CPWG recommended that all test points be 
tested on a wire-to-water basis, in accordance with HI 40.6-2014, with 
minor modifications. The CPWG also

[[Page 57282]]

recommended that if an updated version of HI 40.6 is published prior to 
publication of the test procedure final rule, DOE should review and 
incorporate the updated version. (Docket No. EERE-2016-BT-STD-0004, No. 
58, Recommendation #10 at p. 8-9); 86 FR 24516, 24526. The CPWG also 
recommended several modifications related to frequency of data 
collection, BEP speed, electrical measurement equipment, relevant 
parameters at specific load points, power supply characteristics, and 
rounding of values for calculating and reporting purposes. (Docket No. 
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at pp. 8-9). 86 FR 
72096, 72119.
    DOE noted that two updated versions of HI 40.6--HI 40.6-2016 and HI 
40.6-2021--had been published since the CPWG meetings concluded. DOE 
proposed to incorporate by reference HI 40.6-2021, for measuring the 
performance of circulator pumps, noting the changes made from the 
previous version of HI 40.6-2014. DOE also stated that it was necessary 
to make several exceptions, modifications, and additions to this test 
procedure to ensure accuracy and repeatability of test measurements and 
that the test method produces results that reflect energy efficiency or 
energy use during a representative average use cycle without being 
unduly burdensome to conduct Additionally, DOE proposed specific 
procedures for calculating the CEI and rounding of values to ensure 
that the resultant ratings are determined in a consistent manner. 86 FR 
72096, 72119. DOE discusses these proposals and their resulting 
requirements in the following subsections.
    Section III.E.1 discusses HI 40.6-2021, the industry standard, 
which DOE is incorporating by reference, for measuring the performance 
of circulator pumps. DOE has determined that it is necessary to make 
several exceptions, modifications, and additions to this test procedure 
to ensure accuracy and repeatability of test measurements (sections 
III.E.2.a through III.E.2.c of this document) and that the test method 
produces results that reflect energy efficiency or energy use during a 
representative average use cycle without being unduly burdensome to 
conduct. Additionally, DOE adopts specific procedures for calculating 
the CEI and rounding of values to ensure that the resultant ratings are 
determined in a consistent manner (section III.E.2.d of this document).
1. Incorporation by Reference of HI 40.6-2021
    In the December 2021 NOPR, DOE stated that it had reviewed HI 40.6-
2021 and determined that the test methods contained within HI 40.6-2021 
are generally consistent with HI 40.6-2014 and are sufficiently 
specific and reasonably designed to produce test results to determine a 
CEI that is representative of an average use cycle of applicable 
circulator pumps. Specifically, Table 40.6.2 of HI 40.6-2021, like HI 
40.6-2014, defines and explains how to calculate driver power 
input,\15\ volume per unit time,\16\ pump total head,\17\ and other 
relevant quantities, which are essential to determining the metric. 86 
FR 72096, 72120.
---------------------------------------------------------------------------

    \15\ The term ``driver or control power input'' in HI 40.6-2021 
is defined as ``the power input to the driver or control;'' in the 
NOPR, DOE refers to ``driver power input'' as the power to either 
the motor or the controls, if present.
    \16\ The term ``volume per unit time'' in HI 40.6-2021 is 
defined as ``. . . the volume rate of flow in any given section . . 
. Also referred to as flow, flow rate, and rate of flow.''
    \17\ The term ``pump total head'' is defined in HI 40.6-2021 as 
``the algebraic difference between the outlet total head and the 
inlet total head'' and is used synonymously with the term ``head'' 
in this document.
---------------------------------------------------------------------------

    HI 40.6-2021 also contains appropriate specifications regarding the 
scope of pumps covered by the test method, standard rating conditions, 
equipment specifications, uncertainty calculations, and tolerances. The 
electrical measurement specification and associated equipment 
specifications in Section C.4.3 of HI 40.6-2021 contain the relevant 
measurement specifications for certain non-energy metrics (i.e., true 
root mean square ``RMS'' current, true RMS voltage, and real power) 
that manufacturers may choose to make representations about for each 
rated circulator pump. These specifications also describe the relevant 
measurements used in the calculation of true power factor (``PF'') at 
each applicable load point for each circulator pump control variety, a 
non-energy metric manufacturers may wish to use to make 
representations. In addition, HI 40.6-2021 contains a new appendix E 
with specific test instructions for circulator pumps. DOE noted that 
Section 41.5.3.1 of HI 41.5-2021 references Appendix E of HI 40.6-2021 
as the test standard that governs measurements of all test points in 
the standard. DOE reviewed HI 40.6-2021 with respect to the minor 
modifications listed by the CPWG in Recommendation #10. DOE found that 
recommendations regarding frequency of data collection are included in 
section 40.6.5.5.1, and recommendations regarding electrical 
measurement equipment and power supply characteristics are included in 
section C.3.4.1 and Table 40.6.3.2.3. The recommendation regarding BEP 
speed--specifically, to test at max speed with no adjustment to 
nominal--is addressed in Appendix E of HI 40.6-2021, which excludes 
sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, dealing with the 
specified speed of rotation and translation to that specified speed. 
The recommendations for relevant parameters at specific load points 
have been addressed in Appendix E of HI 40.6-2021 as well as HI 41.5-
2021, with some modifications. Id.
    After considering stakeholder comments on the May 2021 RFI, DOE 
proposed to incorporate HI 40.6-2021, inclusive of Appendix E, into the 
proposed appendix D to subpart Y, with the exceptions, modifications, 
and additions described elsewhere in the December 2021 NOPR. DOE 
requested comment on its proposal. 86 FR 72096, 72121.
    HI agreed with incorporating HI 40.6-2021 by reference. In Appendix 
E of HI 40.6-2021, HI noted exception and modifications for testing of 
circulator pumps. (HI, No. 9 at p. 6) Grundfos agreed with 
incorporating HI 40.6-2021 as stated in the December 2021 NOPR. 
(Grundfos, No. 7 at p. 4)
    For the reasons discussed in the December 2021 NOPR and in the 
preceding paragraphs, DOE is incorporating by referencing HI 40.6-2021, 
inclusive of Appendix E, into appendix D to subpart Y, with the 
exceptions, modifications, and additions described elsewhere in the 
document.
2. Exceptions, Modifications and Additions to HI 40.6-2021
    In the December 2021 NOPR, DOE stated that, in general, DOE finds 
the test methods contained within HI 40.6-2021 are sufficiently 
specific and reasonably designed to produce test results to determine a 
CEI that is representative of average use cycle of applicable 
circulator pumps. However, only certain sections of HI 40.6-2021 are 
applicable to the proposed circulator pump test procedure. 86 FR 72096, 
72121. In addition, DOE proposed certain exceptions, modifications, and 
additions to ensure test results are sufficiently repeatable and 
reproducible, addressed in the subsequent sections III.E.2.a through 
III.E.2.d of this document.

[[Page 57283]]

a. Applicability and Clarification of Certain Sections of HI 40.6-2021
    In the December 2021 NOPR, DOE stated that although it is proposing 
to incorporate by reference HI 40.6-2021 as the basis for its test 
procedure, some sections of the standard are not applicable to the 
circulator pump test procedure, while other sections require additional 
specification regarding their applicability when conducting the 
circulator pump test procedure. Id.
    DOE did not propose to adopt through reference section 40.6.4.1, 
``Vertically suspended pumps,'' and section 40.6.4.2, ``Submersible 
pumps,'' of HI 40.6-2021 in the circulator pump test procedure because 
circulator pumps are IL pumps and are not vertical turbine or 
submersible pumps. As such, the test provisions applicable to vertical 
turbine and submersible pumps described in Section 40.6.4.1 and section 
40.6.4.2 of HI 40.6-2021 would not apply to the circulator pump test 
procedure. Id.
    Additionally, Section 40.6.5.5.2 of HI 40.6-2021, ``Speed of 
rotation during test,'' requires that the speed of rotation to 
establish flow rate, pump total head, and power input be within the 
range of 80 percent to 120 percent of the rated speed. However, in the 
proposed circulator pump test procedure, rated or nominal speeds are 
not relevant, as DOE did not propose that speed be measured as part of 
the test procedure. Similarly, section 40.6.6.1, ``Translation of test 
results to the specified speed of rotation,'' describes the method by 
which tested data can be translated to the rated speed of rotation for 
subsequent calculations and reporting purposes. As DOE did not propose 
that speed be measured as part of this circulator pump test procedure, 
translation of tested results based on speed is not necessary. As a 
result, DOE did not propose to adopt Sections 40.6.5.5.2 and 40.6.6.1 
(including 40.6.6.1.1) of HI 40.6-2021. This is consistent with the 
exclusions for circulator pump testing in Appendix E of HI 40.6-2021. 
Id.
    DOE also did not propose to adopt Section 40.6.5.3, ``Test 
report,'' which provides requirements regarding reporting of test 
results and Appendix B, ``Reporting of test results,'' that refers to 
DOE's existing reporting requirements at 10 CFR 429.59 for general 
pumps, both of which are not required for testing and rating circulator 
pumps in accordance with DOE's procedure. Specifically, the updated 
Appendix B references specific reporting requirements established in 
the general pumps test procedure, of which not all specifications are 
applicable to circulator pumps. DOE noted that it would propose 
specific certification and reporting requirements for circulator pumps 
as part of a separate rulemaking, should such standards be 
proposed.\18\ Id.
---------------------------------------------------------------------------

    \18\ For more information on any energy conservation standard 
rulemaking for circulator pumps see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------

    Finally, DOE did not propose to adopt Appendix G, ``DOE compared to 
HI 40.6 nomenclature,'' which refers to nomenclature used by DOE in the 
general pumps test procedure (appendix A to subpart Y of 10 CFR part 
431) and is not in all cases consistent with the terminology used in 
the proposed circulator pump test procedure. Id.
    In summary, for the reasons stated previously, DOE did not propose 
to adopt Sections 40.6.4.1, 40.6.4.2, 40.6.5.3, 40.6.5.5.2, 40.6.6.1, 
40.6.6.1.1, Appendix B, and Appendix G of HI 40.6-2021 as part of the 
DOE test procedure for circulator pumps. Id.
    In addition, DOE noted that Appendix E of HI 40.6-2021 includes 
modifications to testing in sections 40.6.5.5.1 and 40.6.6.3. DOE 
proposed to reference HI 40.6-2021 inclusive of Appendix E and the 
modifications therein. Id.
    DOE requested comments on these proposals. Id.
    Grundfos stated that excluding sections 40.6.4.1, 40.6.4.2, 
40.6.5.3, 40.6.5.5.2, 40.6.6.1, 40.6.6.1.1, Appendix B, and Appendix G 
of HI 40.6-2021is warranted. (Grundfos, No. 7 at p. 4) HI stated that 
circulator pump definitions are separate from submersible or vertically 
suspended; therefore, a specific exclusion of Sections 40.6.4.1 and 
40.6.4.2 is not needed. HI stated that Appendix E already excludes 
Section 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, so DOE does not need to 
exclude them. HI agreed that Section 40.6.5.3, Appendix B, and Appendix 
G of HI 40.6-2021 can be excluded. (HI, No. 9 at p. 7)
    In response to HI, DOE understands that within HI 40.6-2021 section 
40.6.4, there are separate subsections for vertically suspended pumps 
(40.6.4.1), submersible pumps (40.6.4.2), and all other pump types 
(40.6.4.3), the latter of which references all other pump types 
identified by ANSI/HI 14.1-14.2, ``Rotodynamic Pumps for Nomenclature 
and Definitions,'' which is the successor to the previously discussed 
ANSI/HI 1.1-1.2-2014. DOE expects this is why HI stated that specific 
exclusion of sections 40.6.4.1 and 40.6.4.2 is not required. However, 
to provide clarity without having to reference additional industry 
standards, DOE is adopting only those specific sections of HI 40.6-2021 
applicable to the test procedure for circulator pumps in scope of the 
DOE test procedure (see section A.0.1 in appendix D as established in 
this final rule), as proposed in the December 2021 NOPR. DOE is also 
excluding sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, to improve the 
clarity of the DOE test procedure even though Appendix E of HI 40.6-
2021 already excludes them. DOE is also adopting exclusions of section 
40.6.5.3, Appendix B, and Appendix G as proposed in the December 2021 
NOPR and supported by HI and Grundfos.
b. Testing Twin Head Circulator Pumps and Circulators-Less-Volute
    In the December 2021 NOPR, DOE stated that a twin head circulator 
pump is a type of circulator pump that contains two impeller 
assemblies, mounted in two volutes that share a single inlet and 
discharge in a common casing. DOE proposed to test twin head circulator 
pumps as recommended by the CPWG and consistent with Section 41.5.3 of 
HI 41.5-2021. Specifically, DOE proposed that to test twin head 
circulator pumps, one of the two impeller assemblies should be 
incorporated into an adequate, single impeller volute and casing. An 
adequate, single impeller volute and casing means a volute and casing 
for which any physical and functional characteristics that affect 
energy consumption and energy efficiency are essentially identical to 
their corresponding characteristics for a single impeller in the twin 
head circulator pump volute and casing. DOE requested comments on its 
proposal. 86 FR 72096, 72121-72122.
    HI agreed with the proposed test procedure for twin head pumps, 
which is consistent with the test procedure outlined in HI 41.5.3 
(paragraph 5). (HI, No. 9 at p. 7) Grundfos agreed with the test 
method, stating that it is the same method applied to general pumps and 
using that test method ensures consistency in the regulation. 
(Grundfos, No. 7 at p. 4)
    As discussed in the December 2021 NOPR and consistent with comment, 
in this final rule, DOE is adopting the test procedure for twin head 
circulator pump as proposed in the December 2021 NOPR.
    In the December 2021 NOPR, DOE stated that a circulator-less-volute 
is a circulator pump with a complete motor that is sold without a 
volute, but for which a paired volute is available in commerce from a 
manufacturer. DOE proposed that the circulator-less-volute would be 
paired with specific volute(s)

[[Page 57284]]

with which the circulator-less-volute is offered for sale or advertised 
to be paired with, and that the combination would be subject to the 
proposed applicable DOE test procedure for that circulator-less-volute 
model. DOE proposed that the CEI for each volute and circulator-less-
volute pairing be determined separately. Additionally, DOE proposed to 
allow manufacturers of circulator pumps to group similar volute and 
circulator-less-volute pairings within a given basic model rating to 
minimize testing burden, while still ensuring that the CEI rating is 
representative of minimum efficiency or maximum energy consumption of 
the group. DOE stated that circulator-less-volute manufacturers could 
opt to make representations of the CEI of each individual circulator-
less-volute and volute combination or could elect to make CEI 
representations regarding a circulator-less-volute combined with 
several individual volutes and rate the group with the same 
representative CEI value, which would be representative of the least 
efficient model. DOE requested comment on its proposals. 86 FR 72096, 
72122.
    HI agreed with DOE's proposed test procedure for circulators-less-
volute. (HI, No. 9 at p. 7) Grundfos agreed with the test procedure for 
circulator-less-volute but stated that header pumps should be included 
in this test procedure. (Grundfos, No. 7 at p. 4) As discussed in 
section III.B.4, Grundfos stated that DOE should require that header 
pumps be tested like circulators-less-volute, except that the 
manufacturer determines the volute to be used and make this volute 
available for testing on the open market so that all interested parties 
can purchase and test the pump in the same manner it was certified. 
(Id.)
    As discussed in section III.B.4 and III.B.6 of this document, DOE 
is not including header pumps within the scope of the test procedure as 
it has determined that the recommended test method would increase 
burden and would not produce representative results. Therefore, for the 
reasons discussed in the December 2021 NOPR, DOE is adopting the test 
procedure for circulators-less-volute as proposed in the December 2021 
NOPR.
c. Determination of Circulator Pump Driver Power Input at Specified 
Flow Rates
    In the December 2021 NOPR, DOE proposed to adopt the provisions in 
appendix E of HI 40.6-2021 for determining circulator pump driver power 
input at specified flow rates, noting that these differ from the CPWG 
recommendations, but are more appropriate because having test points 
lower than the lowest point of required driver power allows a linear 
regression to be constructed that includes all the driver power input 
points. The provisions include:
     Section 40.6.5.5.1 Test procedure--A minimum of nine test 
points shall be taken for all performance tests. Points are to be 
selected at approximately 10 percent, 25 percent, 40 percent, 60 
percent, 75 percent, 90 percent, 100 percent, 110 percent, and 120 
percent of the flow rate at the expected BEP of the circulator pump.
     Section 40.6.6.3 Performance curve--Determine the pump 
total head versus flow rate curve only based on a polynomial of the 6th 
order.
     Section 40.6.6.3 Performance curve--Determine the driver 
power input at 25 percent, 50 percent, 75 percent, and 100 percent of 
BEP based on a 3rd order polynomial curve of best fit of the tested 
values (as specified in section 40.6.5.5.1) at 10 percent, 25 percent, 
40 percent, 60 percent, 75 percent, 90 percent, 100 percent, 110 
percent, and 120 percent of expected BEP flow rate.
    DOE requested comments on this proposal. 86 FR 72096, 72122-72123.
    HI and Grundfos agreed with DOE's proposal to incorporate Appendix 
E of HI 40.6-2021 for determining the circulator pump driver power 
input at flow rates. (HI, No. 9 at p. 7; Grundfos, No. 7 at p. 4) For 
the reasons discussed in the December 2021 NOPR and in the preceding 
paragraphs, in this final rule, DOE is incorporating Appendix E of HI 
40.6-2021 into the test procedure for circulator pumps as proposed.
    In the December 2021 NOPR, DOE also noted that the procedure 
specified in section 40.6.6.3 and Appendix E of HI 40.6-2021 is 
applicable for test points gathered at maximum speed, but the other 
test points proposed for circulator pumps with pressure controls, 
temperature controls, manual speed controls, and external input signal 
controls are not specified in HI 40.6-2016. For circulator pumps with 
pressure controls, temperature controls, manual speed controls, and 
external input signal controls, the general test procedure consists of 
``sweeping'' the maximum speed curve (i.e., taking measurements at flow 
intervals along the head/flow curve associated with maximum pump speed) 
to determine BEP, adjusting the pump to the determined BEP at maximum 
speed, and then adjusting the speed of the pump according to the 
applicable control or reference system curve to achieve the specified 
load points at 25, 50, 75 percent of BEP flow at reduced speed. As 
such, for these test points, unlike the test points at maximum speed 
derived from the data collected to determine BEP, manufacturers would 
adjust the operation of the pump to specifically achieve the load 
points at 25, 50, 75, and 100 percent of BEP flow, as applicable. Due 
to experimental uncertainty, the specific test points measured in the 
test protocol may not be exactly at 25, 50, 75, or 100 percent of the 
BEP flow load points specified in the test procedure and, thus, the 
relevant power input measurements must be adjusted to reflect the power 
input at the specific load points specified in the test procedure. DOE 
noted that HI 40.6-2021 does not specify the tolerances around which 
the specified flow values must be achieved or how to adjust the test 
points to the specified load points, accounting for such experimental 
tolerance. 86 FR 72096, 72123.
    In the December 2021 NOPR, DOE stated that HI 41.5-2021 includes 
provisions different from those recommended by the CPWG. Specifically, 
all tested flow values must be within 5 percent of the 
target flow load points as specified by the reference system curve in 
HI 41.5-2021. (HI 41.5-2021 section 41.5.3.4.2 #3c, 41.5.3.4.3, 
41.5.3.4.4.1-2, 41.5.3.45) HI stated that this target range limits the 
pump efficiency ranges allowed for a given test point and minimizes 
variation in CEI values for a given test. In addition, any head values 
that are above the reference system curve (including within 10 percent) 
are not adjusted. HI stated that this eliminates a discontinuity in CEI 
values when transitioning between corrected and uncorrected values and 
allows for better representation of pump CEI. Finally, for pressure 
control and manual speed control, tested head is allowed to be below 
the reference curve and corrected back to the reference curve. HI 
stated that this eliminates the need for all control curves to exist 
above the reference curve allowing for a better representation of 
control curves used in the market and for the circulator pump CEI 
values to better represent a pump's capabilities. (HI, No. 112 at p. 2) 
These provisions are found throughout each of the individual control 
variety test methods in HI 41.5; a summary is available in 41.5.1. DOE 
proposed to incorporate the provisions in HI 41.5-2021. 86 FR 72096, 
72123.
    DOE noted also that the proposed load points are specified with a 
discrete flow value (i.e., 25, 50, 75, and/or 100 percent of BEP flow) 
and, for temperature control and external input signal controls, a 
minimum head value

[[Page 57285]]

(i.e., at or above the reference system curve). Therefore, as proposed 
the flow values must be achieved within 5 percent and, for 
temperature controls and external input signal controls, the tested 
head values must not be more than 10 percent below the reference system 
curve. Any test point with a flow value that is more than 5 
percent away from the specified value or, for temperature controls and 
external input signal controls, a head value is more than 10 percent 
below the reference system curve would be invalid and, therefore, must 
be retested. 86 FR 72096, 72124.
    DOE proposed to adjust the tested driver input power values for all 
relevant test points for circulator pumps with temperature and external 
input signal controls using the methods adopted in the January 2016 TP 
final rule and discussed by the CPWG. Specifically, DOE proposed that 
if the tested flow values are within 5 percent of the flow 
load point specified by the reference system curve and the head values 
are within 10 percent of the head load points specified by 
the reference system curve, the tested driver input power values would 
be proportionally adjusted to the specified flow and head points, as 
shown in equation (12):
[GRAPHIC] [TIFF OMITTED] TR19SE22.027

Where:

PR,i = the driver power input (hp);
HR,i = the specified head at load point i based on the 
reference system curve (ft);
HT,j = the tested head at load point j (ft);
QR,i = the specified flow rate at load point i based on 
the reference system curve (gpm);
QT,j = the tested flow rate at load point j (gpm); and
PT,j = the tested driver power input at load point j 
(hp).

86 FR 72096, 72124.

    DOE also proposed that for pressure controls and manual speed 
controls, if the tested flow values are within 5 percent of 
the flow load point specified by the reference system curve and the 
tested head values are below the head load points specified by the 
reference system curve, the tested driver power input values would be 
proportionally adjusted to the specified flow and heat points as shown 
in equation (12). Id.
    Finally, DOE proposed, consistent with the recommendations of the 
CPWG and the modifications in HI 41.5-2021, that for temperature 
controls and external input signal controls, if the tested head values 
are above the reference system curve by more than 10 percent, or for 
pressure controls and manual speed controls, if the tested head values 
are above the reference system curve at all, only the flow values would 
be proportionally adjusted to the specified value, as shown in equation 
(13):
[GRAPHIC] [TIFF OMITTED] TR19SE22.028

Where:

PR,i = the driver power input (hp);
QR,i = the specified flow rate at load point i based on 
the reference system curve (gpm);
QT,j = the tested flow rate at load point j (gpm); and
PT,j = the tested driver power input at load point j 
(hp).

DOE requested comment on these proposals. 86 FR 72096, 72124.

    HI stated that the power corrections in HI 41.5 are as HI intends, 
specifically for pressure and manual speed controls, the power 
corrections noted in HI 41.5-2021 section 41.5.3.4.2.3.d and Equation 
41.5.3.4.2b for pressure speed control and section 41.5.3.4.5.2.d and 
Equation 41.5.3.4.5b for manual speed control. HI recommended that DOE 
should incorporate these sections by reference. (HI, No. 9 at p. 7) 
Grundfos also stated that only the head term is ignored when correcting 
power above the reference curve, and that it agreed with the 5 flow tolerance. (Grundfos, No. 7 at p. 5)
    HI stated that, with regard to temperature and external input 
signal controls, the power corrections noted in HI 41.5-2021 in section 
41.4.3.4.3.2 and Equation 41.5.3.4.3b for temperature controls and 
sections 41.5.3.4.4.1.2 and 41.5.3.4.4.2.2 and Equations 41.5.3.4.4.1b 
and 41.5.3.4.4.2b for external input signal controls are as intended. 
HI recommended that DOE should incorporate these sections by reference. 
(HI, No. 9 at p. 8) Grundfos reiterated that only the head term is 
ignored when correcting power above the reference curve, and that it 
agreed with the 5 flow tolerance. (Grundfos, No. 7 at p. 5)
    For the reasons discuss above and in the December 2021 NOPR, DOE is 
adopting the flow and head tolerances and proportional adjustments as 
proposed in the December 2021 NOPR. However, as discussed in section 
II, DOE is adopting through reference specific sections of HI 41.5-
2022, each of which includes provisions for these adjustments. The 
language in HI 41.5-2022 differs from that in the regulatory text in 
the December 2021 NOPR, by using only one equation and clarifying the 
applicable use of the equation in different scenarios in text rather 
than including two separate equations applicable to the different 
scenarios as DOE did. However, the substance of the language in HI 
41.5-2022 is consistent with that of the regulatory text in the 
December 2021 NOPR; as such this does not represent a substantive 
change. In addition, HI specifically requested DOE reference the 
relevant sections of HI 41.5-2021 (to which HI 41.5-2022 is identical), 
and no stakeholders expressed that the relevant language in HI 41.5 was 
unclear.

[[Page 57286]]

    With regards to the test points to which the tolerance and 
adjustment methods are applicable, DOE noted in the December 2021 NOPR 
that the CPWG recommended that ``all'' test points for circulator pumps 
with pressure controls, temperature controls, manual speed controls, or 
external input signal controls apply the specified tolerances and 
adjustment methods. (Docket No. EERE-2016-BT-STD-0004, No. 58 
Recommendation #10 at pp. 8-9) However, DOE stated that it believed 
that the curve fitting method for determining driver power input at the 
specified load points at maximum speed is more applicable and less 
burdensome for many of the maximum speed test points than requiring 
retesting along the maximum speed curve to achieve those test points 
within 10 percent. Specifically, for manual speed controls 
and external input signal controls in addition to other control 
varieties, the proposed test methods and CEI calculation methods 
require load points be determined at 25, 50, 75, and 100 percent of BEP 
flow along the maximum speed curve, as well as at 25, 50, and 75 
percent of BEP flow at reduced speeds. For the test points at reduced 
speed, DOE stated that it believed, as recommended by the CPWG, that 
the proposed tolerances and proportional adjustment would be 
applicable. However, for the test points at 25, 50, and 75 percent of 
maximum speed, DOE stated that it believed that it would be less 
burdensome and more consistent with the proposed testing of circulator 
pumps with no controls to determine such test points via curve fitting 
of the BEP test data at maximum speed. DOE stated that this is 
consistent with Sections 41.5.3.4.4.2 and 41.5.3.4.5 of HI 41.5-2021. 
With regard to the test point at 100 percent of BEP flow and maximum 
speed, DOE noted that, in order to test such circulator pump models, 
the circulator pump must be adjusted to a test point at 100 percent of 
BEP flow and maximum speed before reducing the speed in accordance with 
the control logic to achieve the reduced speed values. As such, DOE 
stated that using the tested value at 100 percent of BEP flow and 
maximum speed as opposed to the value determined via curve fitting 
would be more accurate and would not increase the burden of the 
testing. DOE noted that this proposal is inconsistent with HI 41.5-
2021, which includes the 100 percent point as part of the points 
determined by curve fitting, rather than as a measured test point. DOE 
requested comment on this deviation. 86 FR 72096, 72124-72125. Table 
III.2 summarizes the proposed applicability of the different adjustment 
methods to the various test points for each circulator pump variety.

 Table III.2--Summary of Applicable Adjustment Method for Different Test
                    Points for All Control Varieties
------------------------------------------------------------------------
                                                   Test points that must
                                                     be achieved within
                                 Test points that      any specified
        Control variety              would be       tolerance and would
                                  determined via     be determined via
                                  curve fitting         proportional
                                                         adjustment
------------------------------------------------------------------------
Pressure Controls.............  None.............  All (25, 50 ,75, and
                                                    100 percent of BEP
                                                    flow).
Temperature Controls..........  None.............  All (25, 50 ,75, and
                                                    100 percent of BEP
                                                    flow).
Manual Speed Controls.........  25, 50, and 75     25, 50, and 75
                                 percent of BEP     percent of BEP flow
                                 flow at maximum    at reduced speed and
                                 speed.             100 percent of BEP
                                                    flow at maximum
                                                    speed.
External Input Signal Controls  25, 50, and 75     25, 50, and 75
                                 percent of BEP     percent of BEP flow
                                 flow at maximum    at reduced speed and
                                 speed.             100 percent of BEP
                                                    flow at maximum
                                                    speed.
------------------------------------------------------------------------

    DOE requested comment on the proposed applicability of the 
tolerance and proportional adjustment method to the various test 
points, as compared to the curve fitting method, based on circulator 
pump control variety. DOE particularly requested comment on which 
category is most appropriate for the 100 percent of BEP flow point. Id. 
at 86 FR 72125.
    HI stated that it understood that DOE proposed to test the 100 
percent BEP for manual speed controls and external input signal 
controls the same way as for pressure and temperature controls to 
determine the input power term at maximum speed in the CER equation, 
which requires adjusting the tested power proportional to the BEP 
originally determined from the curve fit. HI commented that the curve 
fitted 100 percent BEP point is the anchor point for the reduced speed 
load points and should be used without requiring retesting for manual 
and external input speed control. HI stated that DOE's proposal would 
not increase accuracy but would require retesting a point already 
measured. HI stated that DOE should incorporate by reference the 
language in sections HI 41.5.3.4.5 for manual speed control and 
41.5.3.4.4 for external input signal control to maintain consistency 
with what industry has already implemented. (HI, No. 9 at p. 8)
    Grundfos stated that maintaining the curve fitting method is 
preferable to minimize testing burden even if minor deviations are 
present using this method. Grundfos added that if DOE decides that 
curve fitting error needs to be addressed, allowing a piece-wise curve 
fitting would solve this issue. Grundfos added that this curve fitting 
error happens at all test points, not just at 100 percent BEP. 
(Grundfos, No. 7 at p. 5)
    DOE agrees with HI and Grundfos that deviating from HI 41.5-2021 to 
require the 100 percent BEP flow point be obtained by achieving the 
test point within tolerance rather than by curve-fitting would 
introduce burden not warranted for the expected gain. These provisions 
appear in the updated version of the industry guideline, in HI 41.5-
2022 sections 41.5.3.4.5 and 41.5.3.4.4, which DOE is adopting through 
reference. As such, DOE is adopting provisions for manual speed 
controls and external input signal controls that determine the 100 
percent BEP flow point through curve fitting.
3. Calculation and Rounding Modifications and Additions
    In the December 2021 NOPR, DOE noted that HI 40.6-2014 did not 
specify how to round values for calculation and reporting purposes. DOE 
recognized that the manner in which values are rounded can affect the 
resulting CEI and that CEI values should be reported with the same 
number of significant digits. Therefore, to improve the consistency of 
calculations and to ensure accuracy, the CPWG recommended that that all 
calculations be performed with the raw measured data, and that the 
resultant CER (then called PERCIRC)and CEI (then called 
PEICIRC) be rounded to 3 significant figures. (Docket No. 
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at p. 8) DOE noted 
that neither HI 40.6-2021 nor HI 41.5-2021 include any rounding 
provisions. 86 FR 72096, 72125.

[[Page 57287]]

    DOE stated that it agreed with the CPWG regarding its 
recommendation to perform all calculations with the raw measured data 
and to round the resultant CER, CEI, and other relevant measurements 
and calculations in a standardized manner. In the established 
provisions for general pumps, the CEI analog (``PEI'') is rounded to 
the nearest hundredths place (i.e., 0.01). See section I.D.3 of 
appendix A to subpart Y of part 431. To be consistent with the general 
pumps provisions, DOE proposed to round CER to three significant 
figures and to round CEI to the nearest hundredths place. Additionally, 
DOE proposed to calculate relevant non-energy metrics using the raw 
measured data and to round to the following: BEP flow at maximum speed 
and BEP head at maximum speed values to three significant figures; real 
power, true RMS current, and true RMS voltage values to the tenths 
place (i.e., 0.1); and rated hydraulic horsepower and true power factor 
values to the hundredths place unless otherwise specified. DOE 
requested comment on these proposals. Id. at 86 FR 72125-72126.
    HI agreed with using raw data for all calculations. HI stated that 
it is common practice for manufacturers to use power analyzers to 
measure the real power input and that individual values of RMS voltage, 
RMS current, and true power factor are not always available. HI added 
that collection of test data to 3 significant digits could be a problem 
depending on instrumentation display, its resolution, and the measured 
value. (HI, No. 9 at p. 9)
    HI agreed with the CPWG recommendation that any non-energy metrics, 
like RMS current, RMS voltage, real power, and power factor, should be 
voluntary to report. (HI, No. 9 at p. 9) HI stated that, for voluntary 
purposes to DOE, sufficient rounding guidelines are as follows:

 Flow at maximum speed (Three significant digits, but limited 
to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
 BEP head at maximum speed (Three significant digits, but 
limited to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
 Real power (Three significant digits, but limited to four 
decimal places. e.g., 0.0111)
 True RMS current (Three significant digits, but limited to the 
tenths place for decimal values. e.g., 101, 10.1, 1.1)
 True RMS voltage (Tenths)
 Hydraulic horsepower (Three significant digits, but limited to 
four decimal places. e.g., 0.0111)
 True power factor (Hundredths place)

    (Id.)
    HI added that the rounding guidelines should not apply to 
manufacturer representations of this data in commerce (e.g., websites, 
literature). (Id.)
    Grundfos agreed that the calculations should be done using raw 
measured data and agreed with the recommendations from HI on rounding. 
(Grundfos, No. 7 at p. 5)
    In response to HI's and Grundfos' comments in support of the CPWG's 
recommendation to use unrounded values in intermediate test procedure 
calculations, DOE is adopting in the December 2021 NOPR proposal to use 
the raw measured data in this final rule. Specifically, DOE is 
requiring use of raw measured data to perform test procedure 
calculations.
    In response to HI's support of rounding provisions only as related 
to voluntary reporting to DOE and not to manufacturer representations, 
DOE has determined that as it has not yet proposed or finalized 
certification reporting requirements for circulator pumps, it is only 
appropriate to finalize rounding proposals related to parameters 
necessary for determination of scope (i.e., rated hydraulic horsepower) 
and calculation of CEI (i.e., CER, BEP flow, and BEP head). As DOE has 
not yet determined whether it is necessary to report real power, RMS 
voltage, RMS current, and true power factor, and given HI's statement 
regarding potential limitations in instrumentation for these values, 
DOE finds that it would be premature to finalize rounding proposals 
related to these provisions at this time. DOE may consider 
certification reporting requirements in a separate rulemaking.
    Specifically to CEI and CER, DOE received no comments or data 
contrary to adoption of the December 2021 NOPR proposal. Therefore, DOE 
is adopting in this final rule the December 2021 NOPR's proposal to 
require rounding of (1) CEI to the hundredths decimal place; and (2) 
CER to three significant figures. Rounding CER to three significant 
figures is consistent with the CPWG's recommendation and rounding CEI 
to the hundredths place is consistent with the requirements for general 
pumps. See section I.D.3 of appendix A to subpart Y of part 431.
    Regarding rated hydraulic horsepower, HI and Grundfos suggested 
more precision than DOE proposed requiring in December 2021 NOPR's 
proposal. Whereas the December 2021 NOPR proposed to require rounding 
of rated hydraulic horsepower to the hundredths decimal place,\19\ as 
stated previously HI (and Grundfos in support of HI's comment) 
commented in support of rounding to three significant figures, not to 
exceed four decimal places. (HI, No. 9 at p. 9; Grundfos, No. 7 at p. 
5)
---------------------------------------------------------------------------

    \19\ For this discussion of rated hydraulic horsepower, decimal 
places are as expressed in units of horsepower.
---------------------------------------------------------------------------

    Review of publicly available marketing literature indicates 
availability of units of power draw at least as small as 14W.\20\ 
Depending on the relative efficiencies of both the motor and wet end, 
DOE estimates the rated hydraulic horsepower of such a motor may round 
to zero if expressed to two decimal places.
---------------------------------------------------------------------------

    \20\ Xylem Inc. Autocirc Instant Hot Water System Product 
Brochure. Accessed: June 07, 2022. https://www.xylem.com/siteassets/brand/bell-amp-gossett/resources/brochure/a-134.pdf.
---------------------------------------------------------------------------

    Further, because circulator pump motor output power is often 
marketed using fractions, identifying the correct value when converted 
to decimal notation would require at least the same number of 
significant figures. As the denominators of circulator pump motor 
output power reach at least three digits, at least three significant 
figures are required to identify rated hydraulic power with sufficient 
precision. However, in review of the market, DOE did not observe 
circulator pump models, which would require more precision than the 
fourth decimal place to characterize.
    Accordingly, in this final rule, DOE is adopting the rounding 
requirements suggested by HI and supported by Grundfos to round rated 
hydraulic power to less precise of the following two values: three 
significant figures; the fourth decimal place when expressed in units 
of horsepower.
4. Rated Hydraulic Horsepower
    In the December 2021 NOPR, DOE noted that the proposed definitions 
of dry rotor, two-piece circulator pumps and dry rotor, three-piece 
circulator pumps each contain a clause that the pump must have a rated 
hydraulic power less than or equal to 5 hp at BEP at full impeller 
diameter. Accordingly, DOE proposed nomenclature to consistently refer 
to and categorize dry rotor circulator pumps based on the hydraulic 
horsepower they can produce at BEP and full impeller diameter, as 
measured in accordance with the proposed circulator pump test 
procedure. DOE noted that hydraulic horsepower (termed pump power 
output \21\) is defined in HI 40.6-2021

[[Page 57288]]

and which DOE proposed to adopt through reference (see section III.E.1 
of this document). HI 40.6-2021 also contains a test method for 
determining pump power output. However, HI 40.6-2021 includes methods 
for determining pump power output at any load point. To specify the 
pump power characteristic that DOE proposed to use to describe the size 
of dry rotor circulator pumps, DOE proposed to introduce a new term, 
the ``rated hydraulic horsepower,'' that is identified as the measured 
hydraulic horsepower at BEP and full impeller diameter for the rated 
pump. DOE requested comment on this proposal. 86 FR 72096, 72126.
---------------------------------------------------------------------------

    \21\ The term ``pump power output'' in HI 40.6 is defined as 
``the mechanical power transferred to the liquid as it passes 
through the pump, also known as pump hydraulic power.'' It is used 
synonymously with ``hydraulic horsepower'' in this document. 
However, where hydraulic horsepower is used to reference the size of 
a dry rotor circulator pump, it refers to the rated hydraulic 
horsepower.
---------------------------------------------------------------------------

    HI agreed with the proposal to use rated hydraulic horsepower. (HI, 
No. 9 at p. 9) Grundfos agreed with the proposal but stated that DOE 
needs to consider that using rated hydraulic horsepower could modify 
the scope of products covered by the CPWG recommendations. Grundfos 
also noted that consideration should be made to ensure that setting 
this limit does not modify the scope such that wet runner \22\ and dry 
runners \23\ have different sizes covered by the regulation. (Grundfos, 
No. 7 at pp. 5-6)
---------------------------------------------------------------------------

    \22\ Also known as wet rotor circulator pumps.
    \23\ Also known as dry rotor circulator pumps.
---------------------------------------------------------------------------

    In response to Grundfos, the definitions for the two varieties of 
dry rotor circulator pumps, as recommended by CPWG, as proposed in the 
NOPR, and as found in HI 41.5-2021, specify that such pumps must have 
hydraulic power less than or equal to five horsepower at best 
efficiency point at full impeller diameter. DOE's proposed test 
procedure in section 7 of appendix D requires determination of the 
rated hydraulic horsepower as the pump power output measured at BEP and 
full impeller diameter for the rated pump. This provision does not 
differ materially from the language in the dry rotor circulator pump 
definitions. As such, DOE has determined that the definition will not 
modify the scope of products covered by the CPWG recommendations. In 
addition, the proposed definition of wet rotor circulator pump does not 
have such a horsepower limitation provision because, unlike dry rotor 
circulator pumps, wet rotor circulator pumps are not found in larger 
horsepower that would otherwise be regulated as a commercial and 
industrial pump. For these reasons, DOE is adopting the provision for 
rated hydraulic horsepower as proposed in the December 2021 NOPR.

F. Sampling Plan and Enforcement Provisions for Circulator Pumps

    In the December 2021 NOPR, DOE proposed that, for determining the 
representative values (i.e., both the proposed energy- and non-energy-
related metrics) for each basic model, manufacturers must use a 
statistical sampling plan of tested data, consistent with the sampling 
plan for pumps that is currently specified at 10 CFR 429.59. In 
addition, DOE proposed specific enforcement procedures that DOE would 
follow when testing equipment to verify compliance of any circulator 
pump basic model should energy conservation standards be established. 
86 FR 72096, 72126. The following sections III.F.1 and III.F.2 of this 
document discuss DOE's sampling plan and enforcement provisions for 
circulator pumps.
1. Sampling Plan
    In the December 2021 NOPR, DOE stated that it provides, in subpart 
B to 10 CFR part 429, sampling plans for covered equipment. Id. at 86 
FR 72126. The purpose of a statistical sampling plan is to provide a 
method to determine representative values of energy- and non-energy-
related metrics, for each basic model. In the January 2016 TP final 
rule, DOE adopted sampling provisions applicable to pumps that were 
similar to those used for other commercial and industrial equipment. 81 
FR 4086, 4135-4136 (Jan. 25, 2016). See also 10 CFR 429.59.
    In the December 2021 NOPR, DOE proposed to adopt statistical 
sampling plans for circulator pumps similar to that adopted for pumps. 
That is, DOE proposed to amend 10 CFR 429.59 to require that, for each 
basic model of pump (including circulator pumps), a sample of 
sufficient size must be randomly selected and tested to ensure that any 
representative value of CEI or other measure of energy consumption of a 
basic model for which customers would favor lower values is greater 
than or equal to the higher \24\ of the following two values:
---------------------------------------------------------------------------

    \24\ In the preamble of the December 2021 NOPR, this was 
erroneously written as ``lower of'', while it was correctly written 
as ``higher of'' in the regulatory text. See 86 FR 72096, 72126; 86 
FR 72096, 72137-72138.
---------------------------------------------------------------------------

    (1) The mean of the sample,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.029

and x is the sample mean, n is the number of samples, and 
xi is the maximum of the ith sample;

    Or,
    (2) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05,

where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.030

and x is the sample mean, s is the sample standard deviation, n is 
the number of samples, and t0.95 is the t statistic for a 
95 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A of subpart B of 10 CFR part 429).

86 FR 72096, 72126; see also 86 FR 72096, 72137-72138.

    DOE stated that for purposes of certification testing, the 
determination that a basic model complies with the applicable energy 
conservation standard would be based on testing conducted using the 
proposed DOE test procedure and sampling plan. The general sampling 
requirement currently applicable to all covered products and equipment 
provides that a sample of sufficient size must be randomly selected and 
tested to ensure compliance and that, unless otherwise specified, a 
minimum of two units must be tested to certify a basic model as 
compliant. 10 CFR 429.11(a)-(b). DOE proposed to apply this same 
minimum sample size requirement to circulator pumps. Thus, if a 
statistical sampling plan is used, DOE proposed that a sample of 
sufficient size be selected to ensure compliance and that at least two 
units must be tested to determine the representative values of 
applicable metrics for each basic model. DOE noted that manufacturers 
may need to test a sample of more than two units depending on the 
variability of their sample, as provided by the statistical sampling 
plan. Id at 86 FR 72126.
    DOE noted that the proposed sampling provisions would be applicable 
to all energy-related metrics for which each manufacturer elected to 
make representations. DOE stated that, similar to other pumps, an upper 
confidence limit (``UCL'') of 0.95 divided by a de-rating factor of 
1.05 would also be applicable to circulator pumps, based on the 
variability inherent in the test procedure and manufacturing 
variability among units within a given model. Specifically, DOE noted 
that the proposed circulator pump test procedure is based on the same

[[Page 57289]]

fundamental test standard (i.e., HI 40.6-2021), with identical 
equipment accuracy requirements and test tolerances. In addition, DOE 
stated that circulator pumps would realize similar performance 
variability to other commercial and industrial equipment, such as 
general pumps and dedicated-purpose pool pumps, based on a statistical 
analysis conducted by DOE discussed in section III.F.2 of this 
document. Id. at 86 FR 72126.
    DOE also stated that in addition to CEI, the rated hydraulic 
horsepower would be an important characteristic for determining the 
applicability of the proposed test procedure to a given circulator pump 
model. Specifically, rated hydraulic horsepower would determine the 
scope of applicability of the proposed test procedure for dry-rotor 
close-coupled circulator pump and dry-rotor mechanically-coupled 
circulator pump. DOE proposed that the representative value of rated 
hydraulic horsepower be determined as the average of all the tested 
units that serve as the basis for the rated efficiency for that basic 
model. Similarly, DOE also proposed that true RMS current, true RMS 
voltage, true power factor, input power, and the flow and head at BEP 
at each load point be determined based on the average of the test 
results, for each metric, from all the tested units that serve as the 
basis for the rating for that basic model. Id. at 86 FR 72126-72127.
    Finally, consistent with provisions for other commercial and 
industrial equipment, DOE noted the applicability of certain 
requirements regarding retention of certain information related to the 
testing and certification of circulator pumps, which are detailed under 
10 CFR 429.71. Generally, manufacturers must establish, maintain, and 
retain certification and test information, including underlying test 
data for all certification testing for 2 years from the date on which 
the circulator pump model is discontinued in commerce. Id. at 86 FR 
72127.
    DOE requested comment on the proposed statistical sampling 
procedures and certification requirements for circulator pumps. Id.
    HI commented on what it stated was contradictory language within 
the NOPR with regard to statistical sampling procedures. HI stated that 
it agreed with the proposed language to 10 CFR 429.59 at 86 FR 72137, 
which states in part: ``Any representation of the constant load pump 
energy index (PEICL), variable load pump energy index (PEIVL), 
circulator energy index (CEI), or other measure of energy consumption 
of a basic model for which consumers would favor lower values shall be 
greater than or equal to the higher of: . . .'', while HI stated that 
the language in the preamble text at 86 FR 72126 incorrectly used 
``lower''. (HI, No. 9 at p. 10) Grundfos agreed with the proposed 
statistical sampling procedures and certification requirements. 
(Grundfos, No. 7 at p. 6) Grundfos also stated that the discussion 
recommendation diverges from the current requirement in 10 CFR 429.59 
for selecting the highest of the Mean CEI and UCL/1.05 values. Grundfos 
stated that the current language in the regulation should also apply to 
circulators.\25\ (Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------

    \25\ DOE notes that Grundfos included this statement in response 
to a request for comment about enforcement provisions, but DOE 
believes it is actually in reference to the sampling plan. (See 
Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------

    DOE acknowledges the error in the preamble of the December 2021 
NOPR and adopts the sampling plan as proposed in the regulatory text. 
With regard to the proposals related to representative values of rated 
hydraulic horsepower, true RMS current, true RMS voltage, true power 
factor, input power, and the flow and head at BEP at each load point, 
DOE has determined that as it has not yet proposed or finalized 
certification reporting requirements for circulator pumps, as discussed 
in section III.E.2.d of this document, it is only appropriate to 
finalize the proposals related to parameters necessary for 
determination of scope (i.e., rated hydraulic horsepower) and 
calculation of CEI (i.e., flow and head at BEP; input power limited to 
relevant load points). Instead of including specific provisions for 
true RMS current, true RMS voltage, true power factor, and input power 
at unspecified points, which would be premature, DOE is finalizing a 
provision that requires the representative value of any other reported 
value of a basic model of circulator pump to be determined based on the 
mean of that value for each tested unit. DOE will consider 
certification reporting requirements in a separate rulemaking.
    With regard to the requirements in 10 CFR 429.71 as discussed in 
the December 2021 NOPR, DOE notes that the records retention 
requirements are applicable to certification reports and the data 
underlying certification reports. DOE reiterates that certification in 
accordance with the test procedure adopted in this final rule would not 
be required until such time as compliance were required with energy 
conservation standards for circulator pumps, should DOE establish such 
standards.
2. Enforcement Provisions
    In the December 2021 NOPR, DOE stated that enforcement provisions 
govern the process DOE would follow when performing an assessment of 
basic model compliance with standards, as described under subpart C of 
10 CFR part 429. Specifically, subpart C of 10 CFR part 429 describes 
the notification requirements, legal processes, penalties, specific 
prohibited acts, and testing protocols related to testing covered 
equipment to determine or verify compliance with standards. DOE 
proposed that the same general enforcement provisions contained in 
subpart C of 10 CFR part 429 would be applicable to circulator pumps. 
86 FR 72096, 72127.
    Related to enforcement testing of circulator pumps, as specified in 
10 CFR 429.110(e)(1), DOE proposed that it would conduct the applicable 
circulator pump test procedure, once adopted, to determine the CEI for 
tested circulator pump models. DOE proposed circulator-pump specific 
enforcement testing provisions for 10 CFR 429.134.\26\ Specifically, if 
a manufacturer did not certify a control setting, DOE would test the 
circulator pump model using the no controls test method if no controls 
were available, or if controls are available, DOE would test using the 
test method for any one of the available control varieties on board. 
DOE requested comment on how, absent information on the tested control 
method for a basic model, DOE should determine which test method to 
conduct. Id.
---------------------------------------------------------------------------

    \26\ DOE intends to propose certification requirements in a 
separate energy conservation standards rulemaking.
---------------------------------------------------------------------------

    HI agreed with DOE's proposed methodology for determining which 
test method to conduct and recommended that DOE make the tested control 
method a mandatory entry in the data upload template. (HI, No. 9 at p. 
10) Grundfos stated that DOE should rely on published literature on the 
product, and absent that information DOE should select any available 
control method for testing. (Grundfos, No. 7 at p. 6)
    In response to HI, DOE will address the certification requirements 
and template in a separate rulemaking. In response to Grundfos, DOE has 
determined that it does not need to rely on manufacturer literature to 
identify an appropriate control method for testing; any control method 
available on board the circulator may be tested. As such, DOE is 
finalizing its proposal that if a manufacturer does not certify a 
control setting, DOE would test the circulator pump model using the no 
controls test method if no controls were available, or

[[Page 57290]]

if controls are available, DOE would test using the test method for any 
one of the available control varieties on board.
    In the December 2021 NOPR, DOE noted that the CPWG recommended that 
for pressure controls, manufacturers choose the factory control logic 
to test, report the control setting used for rating, and report the 
method of control (automatic speed adjustment, manual speed adjustment, 
or simulated pressure signal adjustment). (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7) However, DOE proposed that it 
would test using the specified control curve but would always use the 
automatic control option for testing of pressure controls, to ensure 
that any rated CEI is representative of commercially available 
performance, as distributed in commerce. In addition, for circulator 
pumps rated with adaptive pressure controls, DOE proposed to test the 
circulator pump using the manual control option that results in the 
lowest head values at each test point below maximum speed. This would 
ensure that, if the minimum head thresholds are not accessible via the 
commercially available control with which the pump is distributed in 
commerce, a representative CEI can still be obtained for the compliance 
of that circulator pump to be assessed. If a specified control curve is 
not available, DOE proposed to test using any control that meets the 
requirements specified in the pressure control test method. DOE stated 
that it would consider adopting more specific provisions in the final 
rule given feedback on the most appropriate selection criteria. 86 FR 
72096, 72127.
    For manual speed controls and external input signal controls, the 
CPWG recommended testing at the lowest speed setting that will achieve 
a head at or above the reference curve. (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7-8) DOE noted that this 
requirement had been removed in HI 41.5-2021. For external input signal 
controls and temperature controls, DOE proposed that it would conduct 
enforcement testing with this provision. DOE stated that if manual 
speed control testing is allowed below the reference curve, this 
provision would not be applicable to certification testing. However, to 
provide certainty as to how DOE would conduct enforcement testing DOE 
proposed to specify that it would conduct testing using the speed 
setting closest to each of the head points specified by the reference 
system curve (above or below). 86 FR 72096, 72127.
    DOE requested comment on the proposed product-specific enforcement 
testing provisions for circulator pumps, particularly with regard to 
the appropriate control curve for pressure controls (when not 
specified) and the appropriate speed settings for other control 
methods. Id.
    HI stated that to clarify, DOE should test at the lowest head at or 
above the reference curve for 75, 50, and 25 percent of BEP flow that 
is within the manufacturer's literature. HI recommended that for the 
100 percent BEP flow point, DOE should use the curve fitted 100 percent 
BEP point as the anchor point. (HI, No. 9 at p. 10)
    Grundfos stated that DOE should clarify that adaptive pressure 
controls will be manually tested with the following parameters: (1) 
test the points below 100 percent flow as close to the reference curve 
as possible, still meeting the +-5% flow requirements, and (2) all test 
points will be conducted within the operating parameters of the 
identified adaptive control method (e.g., H_min_set, Hmax, etc.) to 
ensure that the resultant CEI reflects test points achievable in the 
field. (Grundfos, No. 7 at p. 6)
    Upon review, DOE has determined that additional product-specific 
enforcement provisions are not needed for circulator pumps. In HI 41.5-
2022, industry has determined that it is not necessary to specify 
``lowest speed'' as part of the test methods. In addition, HI 41.5-2022 
section 41.5.5.3 requires manufacturers to report to HI the control 
type(s) the circulator pumps is rated with as well as, where 
applicable, the control curve setting used and numerical description of 
the control curve as a function of flow rate (gpm) and head (ft). As 
such, DOE has determined that it will be sufficient for DOE to test the 
circulator pump in accordance with the control curve description and 
equation with which the circulator pumps was rated.
    As circulator pumps have relatively large shipments and are 
generally a high-volume piece of equipment, in the December 2021 NOPR, 
DOE proposed to use, when determining performance for a specific basic 
model, the enforcement testing sample size, calculations, and 
procedures laid out in appendix A to subpart C of 10 CFR part 429 for 
consumer products and certain high-volume commercial equipment. These 
procedures, in general, provide that DOE would test an initial sample 
of at least 4 units and determine the mean CEI value and standard error 
of the sample. DOE would then compare these values to the CEI standard 
level, once adopted, to determine the compliance of the basic model or 
if additional testing (up to a total of 21 units) is required to make a 
compliance determination with sufficient confidence. 86 FR 72096, 
72127.
    DOE noted that this proposal differs from the enforcement testing 
sample size and calculations for DOE adopted for general pumps in the 
January 2016 TP final rule. Specifically, in the January 2016 TP final 
rule, DOE adopted provisions at 10 CFR 429.110(e)(5) \27\ stating that 
DOE would assess compliance of any pump basic models undergoing 
enforcement testing based on the arithmetic mean of up to four units. 
81 FR 4086, 4121. In the August 2017 DPPP TP final rule, DOE also 
adopted the enforcement testing sample provisions in appendix A and 
clarified that the enforcement provisions adopted in the January 2016 
TP final rule and specified at 10 CFR 429.110(e)(5) are only applicable 
to those pumps subject to the test procedure adopted in the January 
2016 TP final rule. 82 FR 36858, 36910. In the December 2021 NOPR, DOE 
stated that circulator pumps should be treated similarly to DPPP 
because of the shipments and high volume of the equipment. 86 FR 72096, 
72127-72128.
---------------------------------------------------------------------------

    \27\ DOE notes that the 2016 general pumps TP final rule were 
originally adopted into 10 CFR 429.110(e)(1)(iv), but a recent 
rulemaking for battery chargers reorganized the enforcement 
provisions for various equipment, including pumps, to place the pump 
enforcement provisions in 10 CFR 429.110(e)(5). 81 FR 31827, 31841 
(May 20, 2016).
---------------------------------------------------------------------------

    DOE requested comment on the proposal to apply to circulator pumps 
the enforcement testing sample size, calculations, and procedures laid 
out in appendix A to subpart C of 10 CFR part 429. Id. at 86 FR 72128.
    HI stated that the standard methodology laid out in appendix A to 
subpart C of 10 CFR part 429 applies to products where the 
representative value of efficiency is larger for more efficient 
products. HI noted that CEI has lower values for more efficient 
products; therefore, appendix A is not applicable unless the 
determinations are inverted. (HI, No. 9 at p. 10) Grundfos also stated 
that appendix A applies to regulated products where the representative 
measure is higher for more efficient product and therefore does not 
apply to circulators. (Grundfos, No. 7 at p. 6)
    In response to HI and Grundfos, DOE notes that while section (e) of 
appendix A applies to products where the representative value of 
efficiency is larger for more efficient products (i.e., subject to an 
energy efficiency standard), section (f) applies to products that have 
lower values for more efficient products (i.e., subject to an energy

[[Page 57291]]

consumption standard). As such, DOE is applying to circulator pumps the 
enforcement testing sample size, calculations, and procedures laid out 
in appendix A to subpart C of 10 CFR part 429 as proposed in the 
December 2021 NOPR.
    In the December 2021 NOPR, DOE noted that the rated hydraulic 
horsepower would be necessary to determine the scope of applicability 
of the test procedure to certain circulator pump varieties (i.e., dry-
rotor close-coupled circulator pump and dry-rotor mechanically-coupled 
circulator pump). Therefore, DOE proposed specific procedures to 
determine the rated hydraulic horsepower of tested circulator pumps 
when verifying compliance. When determining compliance of any units 
tested for enforcement purposes, DOE proposed that, if the rated 
hydraulic horsepower determined through DOE's testing (either the 
measured rated hydraulic horsepower for a single unit sample or the 
average of the measured rated hydraulic horsepower values for a 
multiple unit sample) is within 5 percent of the certified value of 
rated hydraulic horsepower, then DOE would use the certified value of 
rated hydraulic horsepower as the basis for determining the scope of 
applicability for that circulator pump model. However, if DOE's tested 
value of hydraulic horsepower is not within 5 percent of the certified 
value of hydraulic horsepower, DOE would use the arithmetic mean of all 
the hydraulic horsepower values resulting from DOE's testing when 
determining the scope of applicability for the circulator pump model. 
DOE stated such an approach would result in more reproducible and 
equitable compliance determinations among DOE, manufacturers, and test 
labs. 86 FR 72096, 72128.
    DOE sought comment upon the applicability of a 5 percent tolerance 
on rated hydraulic horsepower for each tested circulator pump model or 
if a higher or lower percentage variation would be justified. Id.
    HI stated that based on the uncertainties listed in HI 40.6-2021, 
it agreed with DOE's proposal. (HI, No. 9 at p. 10) Grundfos also 
agreed with the proposal. (Grundfos, No. 7 at p. 6)
    DOE notes that while the preamble to the December 2021 NOPR 
explained this proposal and solicited comment, the corresponding draft 
regulatory text for this provision was erroneously omitted in the 
December 2021 NOPR. Given stakeholder support for the proposal and for 
the reasons discussed previously and in the December 2021 NOPR, in this 
final rule, DOE adopts the product-specific enforcement provisions 
related to hydraulic horsepower for circulator pumps as described in 
the December 2021 NOPR preamble.

G. Representations of Energy Use and Energy Efficiency

    In the December 2021 NOPR, DOE stated that manufacturers of 
circulator pumps within the scope of the proposed circulator pump test 
procedure, if finalized, would be required to use the test procedures 
proposed in this rulemaking when making representations about the 
energy efficiency or energy use of their equipment. 86 FR 72096, 72128. 
Specifically, 42 U.S.C. 6314(d) provides that ``no manufacturer . . . 
may make any representation . . . respecting the energy consumption of 
such equipment or cost of energy consumed by such equipment, unless 
such equipment has been tested in accordance with such test procedure 
and such representation fairly discloses the results of such testing.''
    DOE stated that, if made final, the proposed test procedure would 
not require manufacturers to test the subject circulator pumps. 
However, beginning 180 days after publication of a final rule that 
adopts a test procedure for circulator pumps, any voluntary 
representations as to the energy efficiency or energy use of a subject 
circulator pump would be required to be based on the DOE test 
procedure. (42 U.S.C. 6314(d)); 86 FR 72096, 72128.
    With respect to representations, generally, DOE stated that 
manufacturers often make representations (graphically or in numerical 
form) of energy use metrics, including overall (wire-to-water) 
efficiency, driver power input, and/or pump power output (hydraulic 
horsepower) and may make these representations at a variety of 
different load points or operating speeds. DOE proposed to allow 
manufacturers to continue making these representations. To ensure 
consistent and standardized representations across the pump industry 
and to ensure such representations are not in conflict with the 
reported CEI for any given circulator pump model, DOE proposed to 
establish testing procedures for these parameters that are part of the 
DOE test procedure and that while manufacturers would not be required 
to make representations regarding the performance of circulator pumps 
using these additional metrics, to the extent manufacturers wish to do 
so, they would be required to do so based on testing in accordance with 
the DOE test procedure. In addition, as noted in section III.C of this 
document, the CPWG-recommended method of determining PERSTD, 
if adopted by DOE, would require tested hydraulic horsepower of the 
rated circulator pump at one or more specific load points. 86 FR 72096, 
72128.
    DOE noted that overall (wire-to-water) efficiency, driver power 
input, and/or pump power output (hydraulic horsepower) are already 
parameters that are described in HI 40.6-2021, which DOE proposed to 
incorporate by reference in the DOE test procedure. DOE stated that 
further specification is not necessary regarding the determination of 
these parameters. DOE noted that HI 40.6-2021 does not include explicit 
instructions for determining pump power output at specific load points; 
however, section E.3.2 specifies determination of the circulator pump 
total head versus flow rate curve based on a polynomial of the 6th 
order, and DOE assumed this curve would be used to calculate pump power 
output at any relevant load point. Id.
    DOE requested comment on its proposal to adopt provisions for the 
measurement of several other circulator pump metrics, including overall 
(wire-to-water) efficiency, driver power input, and/or pump power 
output (hydraulic horsepower). Id. DOE also requested comment on its 
belief that HI 40.6-2021 contains all the necessary methods to 
determine overall (wire-to-water) efficiency, driver power input, and/
or pump power output (hydraulic horsepower) and that further 
specification is not necessary. 86 FR 72096, 72129.
    HI agreed that the load point pump power output would be calculated 
based on the flow and head curve as identified in HI 40.6-2021 section 
E.3.2. (HI, No. 9 at p. 11) HI and Grundfos agreed that no further 
specification is necessary in HI 40.6-2021. (HI, No. 9 at p. 11; 
Grundfos, No .7 at p. 7)
    HI stated that it is not realistic for circulator manufacturers to 
update literature for all circulators 180 days after the final rule is 
published. HI stated that specifically for products that will be 
discontinued after the compliance date, the test burden required would 
be orders of magnitude greater than the current test burden, and that 
the additional testing burden was not considered when DOE evaluated the 
impact on manufacturers. (HI, No. 9 at pp. 10-11) Grundfos also stated 
that the provisions, combined with a 180-day implementation, would be a 
large increase in burden for management of data and updating literature 
across all possible representations. Grundfos added that this provision 
does not address multi-market products (e.g., US

[[Page 57292]]

an EU) where both regions will require representations of the same data 
using different test methods. (Grundfos, No. 7 at p. 6)
    In response to HI and Grundfos, DOE has determined that in order to 
meet its stated goal in the December 2021 NOPR of ensuring 
representations of metrics other than CEI are not in conflict with the 
reported CEI for any given circulator pump model, it is only necessary 
to finalize provisions related to circulator pump metrics that are used 
in the determination of CEI, specifically flow and head at BEP and pump 
power output and driver power input at load points used in the 
determination of CEI, including the rated hydraulic horsepower. Instead 
of finalizing provisions specific to other metrics that may or may not 
be reported to DOE, which would be premature, DOE is limiting the 
adopted provision to state that any other reported performance 
parameters must be determined based on testing according to the DOE 
test procedure. This is consistent with the discussion in sections 
III.E.2.d and III.F.1 of this document with respect to rounding and 
representation provisions. DOE expects that by reducing the scope of 
the metrics to which the test procedure provisions apply, DOE has 
sufficiently mitigated the burden concerns expressed by HI and 
Grundfos. DOE will consider certification reporting requirements in a 
separate rulemaking. In addition, DOE notes that if manufacturers do 
not make voluntary representations of CEI prior to the compliance date 
of any relevant energy conservation standards, then the concerns about 
conflicts with CEI would not apply.

H. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impacts
    This final rule establishes a test procedure for circulator pumps 
by incorporating by reference the test methods established in HI 40.6-
2021, ``Methods for Rotodynamic Pump Efficiency Testing,'' with certain 
exceptions. Additionally, DOE is establishing representations, and 
enforcement provisions for circulator pumps that would be added to 10 
CFR parts 429 and 431, respectively.
    DOE is incorporating, by reference, the test methods established in 
HI 40.6-2021, ``Methods for Rotodynamic Pump Efficiency Testing,'' with 
certain exceptions. The test results are necessary for calculating the 
CEI to represent the energy consumption of the circulator pump, 
inclusive of a motor and any controls, and determine the minimum test 
sample (i.e., number of units) and permitted method of determining 
represented values.
    DOE has determined that the test procedure established in this 
final rule would not be unduly burdensome, given that DOE is 
referencing the prevailing industry test procedure. Furthermore, 
compliance with the test procedure in this final rule is not required 
until such a time DOE adopts energy efficiency standards for circulator 
pumps, or if a manufacturer chooses to make voluntary representations. 
Accordingly, DOE has determined that this final rule establishes DOE 
test procedures that are reasonably designed to produce test results, 
which reflect energy efficiency and energy use of circulator pumps 
during a representative average use cycle and would not be unduly 
burdensome for manufacturers to conduct.
    In the December 2021 NOPR, DOE presented the maximum expected 
testing burden associated with testing equipment and procedure 
consistent with the requirements of the proposed test procedure should 
a manufacturer not already be testing to HI 40.6-2021. 86 FR 72096, 
72129. DOE considered also the capital conversion costs and labor costs 
for a manufacturer to conduct testing in-house. Capital cost estimates 
are based on previous manufacturer interviews and stakeholder comments. 
The following sections detail those costs in specifics.
a. Estimated Capital Costs for Testing Circulator Pumps
    In the maximum-burden case where a circulator pump manufacturer 
would be required to construct a test lab from scratch, manufacturers 
would be required to make capital outlays to acquire test equipment.
    The first necessary item for testing a circulator pump is a water 
reservoir to hold the water that the pump circulates during testing. 
Manufacturers provided estimates to DOE on the cost of water reservoirs 
for a variety of sizes. The water reservoir sizes provided from 
manufacturers varied between 5 gallons and 1,500 gallons, as some 
manufacturers also use their water reservoirs to test larger pumps. 
Based on the information provided, DOE estimated in the December 2021 
NOPR that the cost of a water reservoir to test circulator pumps to be 
approximately $9.30 per gallon. Because the circulator pumps are 
typically less than 5 hp in output, DOE used a 100-gallon water 
reservoir as a typical size and thus estimates the cost at 
approximately $930 for the water reservoir.\28\ Id.
---------------------------------------------------------------------------

    \28\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    To complete the circulator pump test loop, assorted piping and 
valves would be necessary to circulate water from the reservoir to the 
pump and regulate the flow and head of the water. Multiple diameter 
pipes, valves, and associated fittings may be required to accommodate 
different size circulator pumps. The total costs for the values and 
piping will vary on pipe diameter as well as the actual testing 
laboratory configuration. In the December 2021 NOPR, DOE estimated a 
cost of $2,745 for the piping and valves necessary to test the 
circulator pumps within the scope of the proposed test procedure.\29\ 
Id.
---------------------------------------------------------------------------

    \29\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    The proposed DOE test procedure also requires the power supply 
characteristics (i.e., voltage, frequency, voltage unbalance, and total 
harmonic distortion) to be maintained within specific values. 
Specifically, the proposed power supply requirements must be within a 
certain percent of the rated voltage, frequency, and voltage unbalance. 
Also, the total harmonic distortion must be limited throughout the 
test. In some situations, manufacturers may be required to acquire 
power conditioning equipment to ensure the power supplied to the 
circulator pump motor or control is within the required tolerances. 
Based on the estimates DOE researched for power supplies as well as 
incorporated estimates provided by manufacturers of possible equipment 
costs, DOE estimated the cost for power conditioning equipment as 
$2,200.\30\ Id.
---------------------------------------------------------------------------

    \30\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    The circulator pump test procedure in this final rule contains 
requirements regarding the characteristics and accuracy of the 
measurement necessary for determining relevant measured quantities. The 
primary measurement equipment includes flow measuring equipment, 
pressure measuring equipment, and electrical measuring equipment.
    Test facilities would need equipment to measure the flow rate in 
gallons per minute to verify that the circulator pump is operating at 
the applicable load point. Manufacturers indicated that, for flow 
measurement equipment, they utilized magnetic flow measurement devices. 
These magnetic flow

[[Page 57293]]

measurement devices vary in price based on the range of the device to 
accommodate different sizes of circulator pumps. DOE researched flow 
measurement devices, as well as referenced feedback from manufacturer 
interviews about the typical prices of various sizes of flow 
measurement devices. In the December 2021 NOPR, DOE estimated a typical 
flow measurement equipment capable of accommodating the full range of 
circulator pumps subject to this proposed test procedure to be 
$4,400.\31\ Id. at 86 FR 72129-72130.
---------------------------------------------------------------------------

    \31\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    Pressure measurement equipment could include a manometer, bourdon 
tube, digital indicator, or a transducer. Manufacturers provided 
information as to which pressure measurement device they utilize and 
the approximate cost of such device. DOE's research indicated that most 
manufacturers utilize differential pressure transducers to measure 
pressure in the test setup. In the December 2021 NOPR, DOE estimated 
the average cost of the pressure measurement devices to be $1,650.\32\ 
Id. at 86 FR 72130.
---------------------------------------------------------------------------

    \32\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    Finally, electrical measurement equipment is necessary to determine 
the input power to the circulator pump, as measured at the input to the 
motor or controls (if present). There are multiple devices that can 
measure power and energy values. However, DOE includes specific 
requirements regarding the accuracy and quantities measured for such 
power measuring equipment, as discussed in section III.E.1 of this 
document. In this case, only specific power analyzers and watt-amp-volt 
meters with the necessary accuracy can measure RMS voltage, RMS 
current, and real power up to at least the 40th harmonic of fundamental 
supply source frequency and having an accuracy level of 2.0 
percent of the measured value when measured at the fundamental supply 
source frequency. DOE researched equipment as well as inquired with 
manufacturers about the equipment used and related costs. DOE estimated 
the typical cost for the electrical measurement equipment to conduct 
this proposed test procedure is $4,400.\33\ Id.
---------------------------------------------------------------------------

    \33\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    Additionally, temperature measurements would be necessary to 
perform the test procedure. To verify that the testing fluid (i.e., 
clear water) is within the specified temperature range, testing 
facilities will also need to measure temperature. DOE estimated a cost 
of $220 for potential temperature measurement devices.\34\ Id.
---------------------------------------------------------------------------

    \34\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    Finally, to ensure that all data are taken simultaneously and 
properly recorded, a data acquisition system might also be necessary. 
DOE researched data acquisition systems necessary for the test 
procedure and estimated the typical cost for a data acquisition system 
as $21,000.\35\ Id.
---------------------------------------------------------------------------

    \35\ DOE based this cost estimate on information gathered from 
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------

    In total, DOE estimated the cost of acquiring all the necessary 
equipment to perform the proposed circulator pump test procedure as 
approximately $37,600, if a manufacturer needed to purchase all the 
testing equipment described in this section. In the December 2021 NOPR, 
DOE requested comment on its understanding of the capital cost burden 
associated with its proposed test procedure. Id.
    In response, HI stated that a capital investment range of $20,000-
$37,600 for HI members with existing laboratories was sufficient. For 
manufacturers that would need to create a circulator pump-specific test 
laboratory, HI estimated conversion costs could exceed DOE's high-end 
estimate of $37,600. (HI, No. 9 at p. 11) Grundfos agreed with HI that 
opening a lab would exceed the high-end estimate and elaborated by 
explaining there are additional costs that are not related to test 
equipment. (Grundfos No. 7 at p. 7)
    While DOE recognizes there would be costs to develop a test 
laboratory specific to circulator pumps, DOE notes that the majority of 
circulator pump manufacturers have indicated they already have existing 
testing capabilities to verify equipment performance, as well as 
certify performance for other applicable circulator pump programs.\36\ 
In response to the December 2021 NOPR, HI stated that all members have 
implemented the capital investments necessary to have their labs 
certified under the HI Pump Test Laboratory Program and to properly 
test and rate circulators as part of the HI Energy Rating program. (HI, 
No. 9 at p. 11) Comments were not received regarding the specific test 
facility cost estimates.
---------------------------------------------------------------------------

    \36\ See section III.B.1 for a review of applicable circulator 
pump regulatory and voluntary programs.
---------------------------------------------------------------------------

    DOE has determined that its estimated $37,600 capital cost as a 
maximum-case estimate is representative of the maximum burden a 
manufacturer could incur. However, DOE notes that is not representative 
of the likely eventual burden to most manufacturers.
b. Estimated Labor Costs for Testing Circulator Pumps
    This final rule includes requirements regarding the sampling plan 
and representations for covered circulator pumps at subpart B of part 
429 of title 10 of the Code of Federal Regulations. The sampling plan 
requirements are similar to those for several other types of commercial 
equipment and, among other things, require a sample size of at least 
two units per circulator pump basic model be tested when determining 
representative values CEI, as well as other circulator pump performance 
metrics.
    In the December 2021 NOPR, DOE estimated the fully burdened 
mechanical engineering technician wage of $41.46/hr.\37\ DOE estimated 
an average of 7.5 hours per pump. DOE calculated the total cost of 
labor for testing a circulator pump to be approximately $622 per basic 
model.\38\ 86 FR 72096, 72130.
---------------------------------------------------------------------------

    \37\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2020'' publication. DOE 
used the ``Mechanical Engineering Technologies and Technicians'' 
mean hourly wage of $29.27 to estimate the hourly wage rate 
(www.bls.gov/oes/current/oes173027.htm). DOE then used BLS's 
``Employer Costs for Employee Compensation--June 2021'' to estimate 
that wages and salary account for approximately 70.6 for private 
industry workers. (www.bls.gov/news.release/archives/ecec_09162021.pdf). Last accessed on May 15, 2022. Therefore, DOE 
estimated a fully-burdened labor rate of $41.46 ($29.27 / 0.706 = 
$41.46),
    \38\ 7.5 mechanical engineering technician hours x $41.46/hr x 2 
units per basic model = $621.90 (rounded to $622).
---------------------------------------------------------------------------

    In the December 2021 NOPR, DOE requested comment on the estimated 
time and costs to complete a test of a single circulator pump basic 
model under the proposed test procedure. Id.
    Grundfos commented that DOE underestimated the cost for testing 
because the estimate only included the testing portion and stated that 
additional testing tasks such as product scoping, test planning, data 
management, and required documentation updates are not captured in the 
analysis. (Grundfos, No. 7 at p. 7) HI provided laboratory technician 
and engineer labor estimates of twelve hours and six hours per basic 
model, respectively. (HI, No. 9 at p. 11) In response, DOE updated its 
labor estimate to arrive at a labor testing cost of $1,088 per basic 
model.39 40
---------------------------------------------------------------------------

    \39\ DOE identified the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication. DOE 
used the ``Mechanical Engineering Technologies and Technicians'' and 
``Mechanical Engineer'' mean hourly wages of $30.47 and $46.64, 
respectively, to estimate the hourly wage rate (https://www.bls.gov/oes/current/oes_nat.htm). DOE then used BLS's ``Employer Costs for 
Employee Compensation--December 2021'' to estimate that wages and 
salary account for approximately 70.6 for private industry workers.
    \40\ ((16 technician hours x $43.22/hr) + (6 engineer hours x 
$66.16/hr)) x (2 units per basic model) = $1,088 per basic model.

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[[Page 57294]]

2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures 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 product during a representative 
average use cycle. Section 8(c) of appendix A of 10 CFR part 430 
subpart C; 10 CFR 431.4. 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.
    The industry standard DOE is incorporating by reference via 
proposals described in the NOPR (see 86 FR 72096, 72131) is discussed 
in further detail in section IV.N of this document.
    HI commented that the testing outlined in the December 2021 NOPR 
adds some burden without any benefit and that DOE should stay 
consistent with HI 41.5. HI asserted that to test the 100 percent BEP 
flow at maximum speed for Manual Speed Controls and External Input 
Signal Controls the same way as for Pressure and Temperature Controls 
as proposed in Table III.2 of the December 2021 NOPR and this document 
would be a burden without any benefit since it is a repetition of 
already determined data without improvement in accuracy. For this 
reason, HI recommended that DOE stay consistent with HI 41.5 and not 
require this. Further, individual values of RMS voltage, RMS current, 
and True Power Factor are not always available; therefore, requiring 
mandatory reporting of this data would add burden without additional 
energy benefits. (HI, No. 9 at pp. 11-12) Grundfos agreed with the 
inclusion of industry standards in this rulemaking. (Grundfos, No. 7 at 
p. 7)
    DOE is incorporating, by reference, sections of HI 41.5 that 
include testing of Manual Speed Controls and External Input Signal 
Controls. This is respectively discussed further in sections III.D.5 
and III.D.6 of this document. The rounding requirements for metrics 
that are voluntary to report are provided in section III.E.2.d of this 
document. In addition, DOE is adopting test methods and calculations 
for circulator pumps with certain control varieties by incorporating 
certain sections of HI 41.5-2022.
    DOE is also adopting through reference, sections of HI 40.6-2021, 
which is discussed in section III.E.2 of this document, in order to 
appropriately address circulator pump testing as specific from other 
rotodynamic pump testing.

I. Compliance Date

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6314(d)(1)) EPCA provides an allowance for 
individual manufacturers to petition DOE for an extension of the 180-
day period 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.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'')12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

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 that by law must be proposed 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: www.energy.gov/gc/office-general-counsel.
    DOE conducted an initial regulatory flexibility analysis (``IRFA'') 
as part of the December 2021 NOPR. As part of the IRFA, DOE initially 
concluded that it would be unlikely for small business manufacturers to 
incur significant burden as result of the proposed test procedure given 
that: (1) most

[[Page 57295]]

manufacturers are already testing to HI 40.6-2021 and (2) testing would 
not be required until a time DOE established energy conservation 
standards for circulator pumps or a manufacturer choose to make 
voluntary representations. 86 FR 72096, 72131-72133. DOE reviewed the 
test procedures in this final rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003.
    EPCA \41\ 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 \42\ 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 pumps, the subject of this 
document. (42 U.S.C. 6311(1)(A))
---------------------------------------------------------------------------

    \41\ 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.
    \42\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
---------------------------------------------------------------------------

    For manufacturers of circulator pumps, the Small Business 
Administration (``SBA'') has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. In 13 CFR 121.201, the SBA sets a threshold of 750 employees or 
fewer for an entity to be considered as a small business for this 
category. The equipment covered by this rule are classified under North 
American Industry Classification System (``NAICS'') code 333914,\43\ 
``Measuring, Dispensing, and Other Pumping Equipment Manufacturing.''
---------------------------------------------------------------------------

    \43\ The size standards are listed by NAICS code and industry 
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on May 1, 2022).
---------------------------------------------------------------------------

    DOE used publicly available information to identify small 
businesses that manufacture circulator pumps covered in this 
rulemaking. DOE identified ten companies that are OEMs of circulator 
pumps covered by this rulemaking. DOE screened out companies that do 
not meet the definition of a ``small business'' or are foreign-owned 
and operated. DOE identified three small, domestic OEMs using 
subscription-based business information tools to determine the number 
of employees and revenue of the potential small businesses.
    Given that DOE is referencing the prevailing industry test 
procedure, DOE has determined the test procedure in this final rule 
would not significantly increase burden for circulator pump 
manufacturers, including small businesses. Furthermore, compliance with 
the test procedure in this final rule is not required until such a time 
DOE adopts energy efficiency standards for circulator pumps, or in the 
scenario a manufacturer chooses to make voluntary representations.
    Therefore, on the basis of the de minimis compliance burden, DOE 
certifies that this final rule does not have a ``significant economic 
impact on a substantial number of small entities,'' and that the 
preparation of a FRFA is not warranted. DOE will transmit a 
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

    Although no energy conservation standards have been established for 
circulator pumps as of the publication of this final rule, 
manufacturers of circulator pumps would need to certify to DOE that 
their products comply with any potential future 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 pumps. (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.
    Certification data will be required for circulator pumps; however, 
DOE is not establishing certification or reporting requirements for 
circulator pumps in this final rule. Instead, DOE may consider 
proposals to establish certification requirements and reporting for 
circulator pumps under a separate rulemaking regarding appliance and 
equipment certification. DOE will address changes to OMB Control Number 
1910-1400 at that time, as necessary.
    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

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for circulator pumps. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 
1021. Specifically, DOE has determined that adopting test procedures 
for measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to Subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    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 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

[[Page 57296]]

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. 6316(a); 
42 U.S.C. 6297(d)) No further action is required by Executive Order 
13132.

F. Review Under Executive Order 12988

    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 www.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 (Pub. L. 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.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 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

[[Page 57297]]

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 test procedure for circulator pumps adopted in this final rule 
incorporates testing methods contained in certain sections of the 
following commercial standards: HI 40.6-2021 and HI 41.5-2022. 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 
HI 41.6-2021. This is an industry-accepted standard used to specify 
methods of testing for determining the head, flow rate, driver power 
input, pump power output, and other relevant parameters necessary to 
determine the CEI of applicable pumps proposed in this TP NOPR. The 
test procedure adopted in this final rule references various sections 
of HI 40.6-2021 that address test setup, instrumentation, measurement, 
and test specifications.
    DOE also incorporates by reference the rating guideline HI 41.5-
2022. This is an industry-accepted guideline used to test and rate 
circulator pumps as part of an industry program. Copies of HI 40.6-2021 
and HI 41.5-2022 may be obtained from Hydraulic Institute, 6 Campus 
Drive, First Floor North, Parsippany, NJ, 07054-4406, (973) 267-9700, 
or by visiting www.Pumps.org.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 431

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

Signing Authority

    This document of the Department of Energy was signed on August 24, 
2022, by Dr. Geraldine L. Richmond, Undersecretary of Science and 
Innovation, 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 September 8, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of chapter II of Title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

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


0
2. Section 429.59 is amended by revising paragraphs (a)(1)(i) and 
(a)(2)(i) and adding paragraphs (a)(2)(iv) through (vii) to read as 
follows:


Sec.  429.59  Pumps.

* * * * *
    (a) * * *
    (1) * * *
    (i) Any representation of the constant load pump energy index 
(PEICL), variable load pump energy index (PEIVL), 
circulator energy index (CEI), or other measure of energy consumption 
of a basic model for which consumers would favor lower values shall be 
greater than or equal to the higher of:
    (A) The mean of the sample,

where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.031

and x is the sample mean, n is the number of samples, and 
xi is the maximum of the ith sample;

    Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05,

where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.032

and x is the sample mean, s is the sample standard deviation, n is 
the number of samples, and t0.95 is the t statistic for a 
95 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A of subpart B of part 429).

    (2) * * *
    (i) Rated hydraulic horsepower. The representative value of rated 
hydraulic horsepower of a basic model of dedicated-purpose pool pump or 
circulator pump must be the mean of the rated hydraulic horsepower for 
each tested unit.
* * * * *
    (iv) Input power. The representative value(s) of input power of a 
basic model of circulator pump at a load point(s) used in the 
calculation of CEI must be determined based on the mean of the input 
power at measured data point(s) for each tested unit.
    (v) Flow at BEP and maximum speed. The representative value of flow 
at BEP and maximum speed of a basic model of circulator pump must be 
determined based on the mean of the flow at BEP and maximum speed for 
each tested unit.
    (vi) Head at BEP and maximum speed. The representative value of 
head at BEP and maximum speed of a basic model of circulator pump must 
be determined based on the mean of the head at BEP and maximum speed 
for each tested unit.
    (vii) Other reported values. The representative value of any other 
reported value of a basic model of circulator pump must be determined

[[Page 57298]]

based on the mean of that value for each tested unit.
* * * * *

0
3. Section 429.110 is amended by revising paragraphs (e)(1) and (5) to 
read as follows:


Sec.  429.110  Enforcement testing.

* * * * *
    (e) * * *
    (1) For products with applicable energy conservation standard(s) in 
Sec.  430.32 of this chapter, and commercial prerinse spray valves, 
illuminated exit signs, traffic signal modules and pedestrian modules, 
commercial clothes washers, dedicated-purpose pool pumps, circulator 
pumps, and metal halide lamp ballasts, DOE will use a sample size of 
not more than 21 units and follow the sampling plans in appendix A of 
this subpart (Sampling for Enforcement Testing of Covered Consumer 
Products and Certain High-Volume Commercial Equipment).
* * * * *
    (5) For pumps subject to the test procedures specified in Sec.  
431.464(a) of this chapter, DOE will use an initial sample size of not 
more than four units and will determine compliance based on the 
arithmetic mean of the sample.
* * * * *

0
4. Section 429.134 is amended by adding paragraph (i)(3) to read as 
follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (i) * * *
    (3) Circulator pumps. (i) The flow rate at BEP and maximum speed of 
each tested unit of the basic model will be measured pursuant to the 
test requirements of Sec.  431.464(c) of this chapter, where the value 
of flow rate at BEP and maximum speed certified by the manufacturer 
will be treated as the expected BEP flow rate at maximum speed. The 
resulting measurement(s) will be compared to the value of flow rate at 
BEP and maximum speed certified by the manufacturer. The certified flow 
rate at BEP and maximum speed will be considered valid only if the 
measurement (either the measured flow rate at BEP and maximum speed for 
a single unit sample or the average of the measured flow rates for a 
multiple unit sample) is within 5 percent of the certified flow rate at 
BEP and maximum speed.
    (A) If the representative value of flow rate is found to be valid, 
the measured flow rate at BEP and maximum speed will be used in 
subsequent calculations of circulator energy rating (CER) and 
circulator energy index (CEI) for that basic model.
    (B) If the representative value of flow rate at BEP and maximum 
speed is found to be invalid, the mean of all the measured values of 
flow rate at BEP and maximum speed determined from the tested unit(s) 
will serve as the new expected BEP flow rate and the unit(s) will be 
retested until such time as the measured flow rate at BEP and maximum 
speed is within 5 percent of the expected BEP flow rate.
    (ii) The rated hydraulic horsepower of each tested unit of the 
basic model will be measured pursuant to the test requirements of Sec.  
431.464(c) of this chapter. The resulting measurement will be compared 
to the rated hydraulic horsepower certified by the manufacturer. The 
certified rated hydraulic horsepower will be considered valid only if 
the measurement (either the measured rated hydraulic horsepower for a 
single unit sample or the average of the measured rated hydraulic 
horsepower values for a multiple unit sample) is within 5 percent of 
the certified rated hydraulic horsepower.
    (A) If the certified rated hydraulic horsepower is found to be 
valid, the certified rated hydraulic horsepower will be used as the 
basis for determining scope of applicability for that model.
    (B) If the certified rated hydraulic horsepower is found to be 
invalid, the arithmetic mean of all the hydraulic horsepower values 
resulting from DOE's testing will be used as the basis for determining 
scope of applicability for that model.
    (iii) DOE will test each circulator pump unit according to the 
control setting with which the unit was rated. If no control setting is 
specified and no controls were available, DOE will test using the full 
speed test. If no control setting is specified and a variety of 
controls are available, DOE will test using the test method for any one 
of the control varieties available on board.
    (iv) DOE will test each circulator pump using the description and 
equation for the control curve with which it was rated, if available.
* * * * *

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

0
5. 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
6. Section 431.462 is amended by:
0
a. Adding in alphabetical order definitions for the terms ``Adaptive 
pressure controls'', ``Circulator-less-volute'', ``Circulator pump'', 
``Dry rotor, three-piece circulator pump'', ``Dry rotor, two-piece 
circulator pump'', ``External input signal control'', and ``Header 
pump''.
0
b. Revising the definition for ``Horizontal motor''; and
0
c. Adding in alphabetical order definitions for ``Manual speed 
control'', ``On-demand circulator'', ``Pressure control'', 
``Temperature control'', and ``Wet rotor circulator pump''.
    The additions and revision read as follows:


Sec.  431.462  Definitions.

* * * * *
    Adaptive pressure control means a pressure control that senses the 
head requirements in the system in which it is installed and adjusts 
the pump control curve accordingly.
* * * * *
    Circulator-less-volute means a circulator pump distributed in 
commerce without a volute and for which a paired volute is also 
distributed in commerce. Whether a paired volute is distributed in 
commerce will be determined based on published data, marketing 
literature, and other publicly available information.
    Circulator pump means is a pump that is either a wet rotor 
circulator pumps; a dry rotor, two-piece circulator pump; or a dry 
rotor, three-piece circulator pump. A circulator pump may be 
distributed in commerce with or without a volute.
* * * * *
    Dry rotor, three-piece circulator pump means:
    (1) A single stage, rotodynamic, single-axis flow, mechanically-
coupled, dry rotor pump that:
    (i) Has a rated hydraulic power less than or equal to 5 hp at the 
best efficiency point at full impeller diameter,
    (ii) Is distributed in commerce with a horizontal motor, and
    (iii) Discharges the pumped liquid through a volute in a plane 
perpendicular to the shaft.
    (2) Examples include, but are not limited to, pumps generally 
referred to in industry as CP3.
    Dry rotor, two-piece circulator pump means:
    (1) A single stage, rotodynamic, single-axis flow, close-coupled, 
dry rotor pump that:
    (i) Has a rated hydraulic power less than or equal to 5 hp at best 
efficiency point at full impeller diameter,

[[Page 57299]]

    (ii) Is distributed in commerce with a horizontal motor, and
    (iii) Discharges the pumped liquid through a volute in a plane 
perpendicular to the shaft.
    (2) Examples include, but are not limited to, pumps generally 
referred to in industry as CP2.
* * * * *
    External input signal control means a variable speed drive that 
adjusts the speed of the driver in response to an input signal from an 
external logic and/or user interface.
* * * * *
    Header pump means a circulator pump distributed in commerce without 
a volute and for which a paired volute is not distributed in commerce. 
Whether a paired volute is distributed in commerce will be determined 
based on published data, marketing literature, and other publicly 
available information.
    Horizontal motor means a motor, for which the motor shaft position 
when functioning under operating conditions specified in manufacturer 
literature, includes a horizontal position.
* * * * *
    Manual speed control means a control (variable speed drive and user 
interface) that adjusts the speed of the driver based on manual user 
input.
* * * * *
    On-demand circulator pump means a circulator pump that is 
distributed in commerce with an integral control that:
    (1) Initiates water circulation based on receiving a signal from 
the action of a user [of a fixture or appliance] or sensing the 
presence of a user of a fixture and cannot initiate water circulation 
based on other inputs, such as water temperature or a pre-set schedule.
    (2) Automatically terminates water circulation once hot water has 
reached the pump or desired fixture.
    (3) Does not allow the pump to operate when the temperature in the 
pipe exceeds 104 [deg]F or for more than 5 minutes continuously.
* * * * *
    Pressure control means a control (variable speed drive and 
integrated logic) that automatically adjusts the speed of the driver in 
response to pressure.
* * * * *
    Temperature control means a control (variable speed drive and 
integrated logic) that automatically adjusts the speed of the driver 
continuously over the driver operating speed range in response to 
temperature.
* * * * *
    Wet rotor circulator pump means a single stage, rotodynamic, close-
coupled, wet rotor pump. Examples include, but are not limited to, 
pumps generally referred to in industry as CP1.

0
7. Section 431.463 is amended by revising paragraph (a) and adding 
paragraphs (d)(5) and (6) to read as follows:


Sec.  431.463  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 other than that specified in this section, the U.S. Department 
of Energy (DOE) must publish a document in the Federal Register and the 
material must be available to the public. All approved incorporation by 
reference (IBR) material is available for inspection at DOE and at the 
National Archives and Records Administration (NARA). Contact DOE 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) 586-9127, 
[email protected], www.energy.gov/eere/buildings/building-technologies-office. 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. The material 
may be obtained from the sources in the following paragraphs:
* * * * *
    (d) * * *
    (5) HI 40.6-2021, Hydraulic Institute Standard for Methods for 
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR 
approved for appendix D to this subpart.
    (6) HI 41.5-2022, Hydraulic Institute Program Guideline for 
Circulator Pump Energy Rating Program, approved June 16, 2022; IBR 
approved for appendix D to this subpart.
* * * * *

0
8. Section 431.464 is amended by adding paragraph (c) to read as 
follows:


Sec.  431.464  Test procedure for measuring energy efficiency and other 
performance factors of pumps.

* * * * *
    (c) Circulator pumps--(1) Scope. This paragraph (c) provides the 
test procedures for determining the circulator energy index for 
circulator pumps that are also clean water pumps, including on-demand 
circulator pumps and circulators-less-volute, and excluding submersible 
pumps and header pumps.
    (2) Testing and calculations. Determine the circulator energy index 
(CEI) using the test procedure set forth in appendix D of this subpart 
Y.

0
9. Add appendix D to subpart Y of part 431 to read as follows:

Appendix D to Subpart Y of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Circulator Pumps

    Note 1 to appendix D to subpart Y of part 431: Beginning March 
20, 2023, any representations made with respect to the energy use or 
efficiency of circulator pumps subject to testing pursuant to 10 CFR 
431.464(c) must be made in accordance with the results of testing 
pursuant to this appendix.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  431.463 the entire 
standard for HI 40.6-2021 and for HI 41.5-2022. However, not all 
provisions of HI 40.6-2021 and HI 41.5-2022 apply to this appendix. 
If there is any conflict between any industry standard and this 
appendix, follow the language of the test procedure in this 
appendix, disregarding the conflicting industry standard language.
    0.1 Specifically, the following provisions of HI 40.6-2021 are 
not applicable:

(a) Section 40.6.4--Considerations when determining the efficiency 
of certain pumps, Section 40.6.4.1--Vertically suspended pumps
(b) Section 40.6.4--Considerations when determining the efficiency 
of certain pumps, Section 40.6.4.2--Submersible pumps
(c) Section 40.6.5--Test procedures, Section 40.6.5.3--Test report
(d) Section 40.6.5--Test procedures, Section 40.6.5.5--Test 
conditions, Section 40.6.5.5.2--Speed of rotation during test
(e) Section 40.6.6--Analysis, Section 40.6.6.1--Translation of the 
test results to the specified speed of rotation
(f) Section 40.6.6--Analysis, Section 40.6.6.1--Translation of the 
test results to the specified speed of rotation, Section 
40.6.6.1.1--Translation of the test results into data based on 
specified speed of rotation
(g) Appendix B--Reporting of test results
(h) Appendix G--DOE compared to HI 40.6 nomenclature

    0.2 Specifically, only the following provisions of HI 41.5-2022 
are applicable:

(a) Section 41.5.3.4.1--Determination of CER--Full Speed
(b) Section 41.5.3.4.2--Determination of CER--Pressure Speed Control
(c) Section 41.5.3.4.3--Determination of CER--Temperature Speed 
Control
(d) Section 41.5.3.4.4.1--Determination of CER--External Input 
Signal Speed Control Only
(e) Section 41.5.3.4.4.2--Determination of CER--External Input 
Signal Speed Control Operated With Other Control Methods
(f) Section 41.5.3.4.5--Determination of CER--Manual Speed Control

[[Page 57300]]

1. General

    To determine the circulator energy index (CEI), testing shall be 
performed in accordance with HI 40.6-2021, including Appendix E 
``Testing Circulator Pumps,'' with the exceptions noted in section 
0.1 of this appendix and the modifications and additions as noted 
throughout the following provisions. For the purposes of applying 
this appendix, the term ``pump power output,'' as defined in section 
40.6.2, ``Terms and definitions,'' of HI 40.6-2021 shall be deemed 
to be synonymous with the term ``hydraulic horsepower'' used 
throughout that standard and this appendix.

2. Scope

    2.1 This appendix is applicable to all circulator pumps and 
describes how to calculate the circulator energy index (CEI; section 
F) based on the pump energy rating for the minimally compliant 
reference circulator pump (CERSTD) and the circulator 
energy rating (CER) determined in accordance with one of the test 
methods listed in Table I of this appendix based on a control 
variety with which the circulator pump is distributed in commerce.

  Table 1 to Appendix D to Subpart Y of Part 431--Applicability of Test
 Methods Based on Circulator Pump Configuration and Control Method With
            Which Circulator Pump is Distributed in Commerce
------------------------------------------------------------------------
                                                         Test method to
                                  Control method with      be used for
 Circulator pump configuration   which circulator pump     testing and
                                    is distributed       calculation of
                                                               CER
------------------------------------------------------------------------
Circulator Pump + Motor.......  Circulator pumps at     HI 41.5-2022
                                 full speed or           Section
                                 circulator pumps        41.5.3.4.1.
                                 without pressure,
                                 temperature, external
                                 input signal, or
                                 manual speed control.
Circulator Pump + Motor +       Circulator pumps with   HI 41.5-2022
 Controls.                       pressure control        Section
                                 (including adaptive     41.5.3.4.2.
                                 pressure control).
                                Circulator pumps with   HI 41.5-2022
                                 temperature control.    Section
                                                         41.5.3.4.3.
                                Circulator pumps with   HI 41.5-2022
                                 only external input     Section
                                 signal control, and     41.5.3.4.4.1.
                                 which cannot be
                                 operated without an
                                 external input signal.
                                Circulator pumps with   HI 41.5-2022
                                 external input signal   Section
                                 control in addition     41.5.3.4.4.2.
                                 to other control
                                 varieties, or which
                                 can be operated
                                 without an external
                                 input signal.
                                Circulator pumps with   HI 41.5-2022
                                 manual speed control.   Section
                                                         41.5.3.4.5.
------------------------------------------------------------------------

    2.2 If a given circulator pump model is distributed in commerce 
with multiple control varieties available, the manufacturer may 
select a control variety (or varieties) among those available with 
which to test the circulator pump, including the test method for 
circulator pumps at full speed or circulator pumps without external 
input signal, manual, pressure, or temperature controls).

3. Measurement Equipment

    For the purposes of measuring flow rate, head, driver power 
input, and pump power output, the equipment specified in HI 40.6-
2021 Appendix C must be used and must comply with the stated 
accuracy requirements in HI 40.6-2021 Table 40.6.3.2.3. When more 
than one instrument is used to measure a given parameter, the 
combined accuracy, calculated as the root sum of squares of 
individual instrument accuracies, must meet the specified accuracy 
requirements.

4. Test Conditions

    4.1 Pump specifications. Conduct testing in accordance with the 
test conditions, stabilization requirements, and specifications of 
HI 40.6-2021 section 40.6.3, ``Pump efficiency testing''; section 
40.6.4, ``Considerations when determining the efficiency of a 
pump,'' including section 40.6.4.4, ``Determination of pump overall 
efficiency''; section 40.6.5.4 (including Appendix A), ``Test 
arrangements''; and section 40.6.5.5, ``Test conditions.''
    4.2 Twin head circulator pump. To test twin head circulator 
pumps, one of the two impeller assemblies should be incorporated 
into an adequate, single impeller volute and casing. An adequate, 
single impeller volute and casing means a volute and casing for 
which any physical and functional characteristics that affect energy 
consumption and energy efficiency are essentially identical to their 
corresponding characteristics for a single impeller in the twin head 
circulator pump volute and casing.
    4.3 Circulator-less-volute. To determine the CEI for a 
circulator-less-volute, test each circulator-less-volute with each 
volute for which the circulator-less-volute is offered for sale or 
advertised to be paired for that circulator pump model according to 
the testing and calculations described in the applicable test method 
listed in Table 1 of this appendix, depending on the variety of 
control with which the circulator pump model is distributed in 
commerce. Alternatively, each circulator-less-volute may be tested 
with the most consumptive volute with which is it offered for sale 
or advertised to be paired for that circulator pump model.

5. Data Collection and Analysis

    5.1 Stabilization. Record data at any test point only under 
stabilized conditions, as defined in HI 40.6-2021 section 
40.6.5.5.1.
    5.2 Testing BEP at maximum speed for the circulator pump. 
Determine the BEP of the circulator pump at maximum speed as 
specified in Appendix E of HI 40.6-2021 including sections 
40.6.5.5.1 and 40.6.6 as modified. Determine the BEP flow rate at 
maximum speed as the flow rate at the operating point of maximum 
overall efficiency on the circulator pump curve, as determined in 
accordance with section 40.6.6.3 of HI 40.6-2021 as modified by 
Appendix E, where overall efficiency is the ratio of the circulator 
pump power output divided by the driver power input, as specified in 
Table 40.6.2.1 of HI 40.6-2021. For the purposes of this test 
procedure, all references to ``driver power input'' in this appendix 
or HI 40.6-2021 shall refer to the input power to the controls, or 
to the motor if no controls are present.
    5.3 Rounding. All terms and quantities refer to values 
determined in accordance with the procedures set forth in this 
appendix for the rated circulator pump. Perform all calculations 
using raw measured values without rounding. Round CER to three 
significant figures. Round CEI to the hundredths decimal place. 
Round rated hydraulic horsepower to the less precise of the 
following two values: three significant figures; the fourth decimal 
place when expressed in units of horsepower.

6. Calculation of CEI

    Determine CEI using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR19SE22.033
    
Where:

CEI = the circulator energy index (dimensionless);
CER = the circulator energy rating determined in accordance with 
Table 1 of this appendix (hp); and
CERSTD = the CER for a circulator pump that is minimally 
compliant with DOE's energy conservation standards with the same 
hydraulic horsepower as the tested pump, as determined in accordance 
with the specifications at paragraph (i) of Sec.  431.465.

7. Determination of Additional Circulator Performance Parameters

    7.1 To determine flow and head at BEP; pump power output 
(hydraulic horsepower) and driver power input at load points used in 
the calculation of CEI, including the rated hydraulic horsepower; 
and any other reported performance parameters, conduct testing 
according to section 1 of this appendix.
    7.2 Determine the rated hydraulic horsepower as the pump power 
output measured at BEP and full impeller diameter for the rated 
pump.

[[Page 57301]]

    7.3 Determine the true power factor at each applicable load 
point specified in the applicable test method listed in Table 1 of 
this appendix for each circulator pump control variety as a ratio of 
driver power input to the motor (or controls, if present) 
(Pi), in watts, divided by the product of the true RMS 
voltage in volts and the true RMS current in amps at each load point 
i, as shown in the following equation:
[GRAPHIC] [TIFF OMITTED] TR19SE22.034

Where:

PFi = true power factor at each load point i, 
dimensionless;
Pi = driver power input to the motor (or controls, if 
present) at each load point i, in watts;
Vi = true RMS voltage at each load point i, in volts;
Ii = true RMS current at each load point i, in amps; and
i = load point(s), defined uniquely for each circulator pump control 
variety as specified in the applicable test method listed in Table 1 
of this appendix.

[FR Doc. 2022-19760 Filed 9-16-22; 8:45 am]
BILLING CODE 6450-01-P