[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74023-74048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24201]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 /
Proposed Rules
[[Page 74023]]
DEPARTMENT OF ENERGY
10 CFR Part 429 and 431
[EERE-2022-BT-TP-0003]
RIN 1904-AE95
Energy Conservation Program: Test Procedure for Dedicated-Purpose
Pool Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for dedicated-purpose pool pumps (``DPPPs'') to
incorporate by reference the latest version of the relevant industry
standards, to codify DOE's current enforcement policy regarding the
scope of the DPPP test procedure pertaining to DPPPs that cannot be
appropriately tested by the current DOE test procedure, to align DOE's
DPPP definitions with DOE's corresponding DPPP motor definitions, and
to remove an obsolete DOE DPPP test procedure appendix. DOE is seeking
comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than January 31, 2023. See section V, ``Public
Participation,'' for details.
DOE will hold a public meeting via webinar on Monday, December 12,
2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov, under docket
number EERE-2022-BT-TP-0003. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-TP-0003, by any of the
following methods:
Email: [email protected]. Include the docket number EERE-
2022-BT-TP-0003 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0003. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected].
Mr. Nolan Brickwood, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4498. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standards into 10 CFR part 431:
CSA C747-2009 (Reaffirmed 2019), ``Energy efficiency test methods
for small motors,'' CSA reaffirmed 2019, (``CSA C747-09 (R2019)'').
HI 40.6-2021, ``Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing'', approved February 17, 2021.
NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming Pools,
Spas, Hot Tubs, and Other Recreational Water Facilities,'' designated
as an ANSI Standard and National Standard of Canada October 21, 2020.
Copies of CSA C747-2009 are available at www.csagroup.org.
Copies of HI 40.6-2021 are available at www.pumps.org.
Copies of NSF/ANSI/CAN 50-2020 are available at www.ansi.org or
www.scc.ca/en/welcome-standards-store.
See section IV.M of this document for a further discussion of these
standards.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
1. Pool Filter Pumps With Hydraulic Output Power >=2.5 HHP
2. Pumps Subject to DOE's DPPP Enforcement Policy
3. Certain Self-Priming Pumps and Waterfall Pumps
B. Updates to Industry Standards
[[Page 74024]]
C. Definitions
1. Aligning DPPP and DPPP Motor Definitions
2. Integral Filters
3. Pool Pump Timers
D. Test Method for Pressure Cleaner Booster Pumps
E. Removing Appendix B
F. Reporting
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
H. 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. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
A dedicated-purpose pool pump is a type of ``pump.'' 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)) DOE's energy conservation
standards and test procedures for DPPPs are currently prescribed at
title 10 of the Code of Federal Regulations (``CFR''), Sec.
431.464(b), and appendices B and C to subpart Y of part 431. The
following sections discuss DOE's authority to establish test procedures
for DPPPs and relevant background information regarding DOE's
consideration of test procedures for this equipment.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of several consumer
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part C \2\ of EPCA, added by Public Law 95-619, Title IV, section
441(a), established the Energy Conservation Program for Certain
Industrial Equipment, which sets forth a variety of provisions designed
to improve energy efficiency. ``Pumps'' are listed as a type of
industrial equipment covered by EPCA, although EPCA does not define the
term ``pump.'' (42 U.S.C. 6311(1)(A)) DOE has defined ``pump'' as
equipment designed to move liquids (which may include entrained gases,
free solids, and totally dissolved solids) by physical or mechanical
action, includes a bare pump, and, if included by the manufacturer at
the time of sale, mechanical equipment, driver, and controls. 10 CFR
431.462. DPPPs, which are the subject of this notice of proposed
rulemaking (``NOPR''), meet this definition of a pump and are covered
under the pump equipment type.
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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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 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(a); 42 U.S.C. 6297)
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. 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, and estimated
annual operating cost of a given type of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)-(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including DPPPs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1)(A))
In addition, if the Secretary determines that a test procedure
amendment is warranted, the Secretary must publish the 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)). If DOE determines that test procedure revisions are
not appropriate, DOE must publish its determination not to amend the
test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this NOPR in satisfaction of the 7-year review
requirement specified in EPCA. (42 U.S.C. 6314(a)(1)(A))
B. Background
DOE's existing test procedures for DPPPs appear at 10 CFR
431.464(b) and at 10 CFR 431 subpart Y, appendix B (``appendix B'') \3\
and appendix C (``appendix C''). Any representations made on or after
July 19, 2021, with respect to the energy use or efficiency of
dedicated-purpose pool pumps subject to testing pursuant to 10 CFR
431.464(b), must be made in accordance
[[Page 74025]]
with the results of testing pursuant to appendix C. Reflecting the
circumstances when the existing test procedure was promulgated, any
representations made after February 5, 2018 but before July 19, 2021
with respect to the energy use or efficiency of dedicated-purpose pool
pumps must have been made in accordance with the results of testing
pursuant to appendix B.
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\3\ On February 5, 2018 but before July 19, 2021, any
representations made with respect to the energy use or efficiency of
dedicated-purpose pool pumps subject to testing pursuant to 10 CFR
431.464(b) must be made in accordance with the results of testing
pursuant to appendix B. See Note to appendix B to subpart Y of part
431.
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DOE established the currently applicable test procedures for DPPPs
in a final rule published on August 7, 2017. 82 FR 36858 (``August 2017
TP Final Rule''). DOE established the currently applicable energy
conservation standards for DPPPs in a direct final rule published on
January 18, 2017. 82 FR 5650 (``January 2017 ECS Direct Final Rule'').
The test procedure and standards established by these final rules were
based on the recommendations of the Appliance Standards and Rulemaking
Federal Advisory Committee (``ASRAC'') DPPP 2017 Working Group (``DPPP
Working Group''). The test procedure and standards for DPPPs are based
on the weighted energy factor (``WEF'') metric.
On January 24, 2022, DOE published a request for information
(``RFI'') undertaking a review to determine whether amendments are
warranted for the test procedures for DPPPs. 87 FR 3457 (``January 2022
TP RFI''). DOE received comments in response to the January 2022 TP RFI
from the interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the January 2022 TP RFI
----------------------------------------------------------------------------------------------------------------
Comment No. in
Commenter(s) Reference in this NOPR the docket Commenter type
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Appliance Standards Awareness Project, ASAP et. al............... 8 Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Natural Resources
Defense Council, Northwest Energy
Efficiency Alliance.
Pacific Gas and Electric Company, San CA IOUs................... 10 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
California Energy Commission and New CEC and NYSERDA........... 9 State Agencies.
York State Energy Research and
Development Authority.
Fluidra................................. Fluidra................... 7 Manufacturer.
NSF International....................... NSF....................... 4 Industry Association.
Pool and Hot Tub Alliance............... PHTA...................... 6 Industry Association.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\4\
DOE notes that the docketed comments from PHTA and Fluidra include
responses to both the January 2022 TP RFI as well as to an RFI related
to DPPP energy conservation standards. 87 FR 3461 (``January 2022 ECS
RFI''). In this NOPR, DOE addresses only the comments related to the
January 2022 TP RFI as well as certain comments related to the January
2022 ECS RFI that have to do with definitions and test procedure. The
remainder of comments related to the January 2022 ECS RFI will be
addressed in a separate standards rulemaking.
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\4\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for DPPPs. (Docket No. EERE-2022-BT-TP-0003, 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 Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 431.462, 10 CFR
431.463, 10 CFR 431.464, and appendices B and C to subpart Y of 10 CFR
part 431 as follows: (1) codify the scope of the DPPP test procedure
consistent with DOE's current enforcement policy pertaining to DPPPs
that cannot be appropriately tested by the current DOE test procedure;
(2) update references to industry test standards to reflect current
industry practices; (3) align DOE's DPPP definitions with DOE's
corresponding DPPP motor definitions; and (4) remove the current test
procedure at appendix B, which is obsolete. DOE's proposed actions are
summarized in Table II.1 compared to the current test procedure as well
as the reason for the proposed change. DOE notes that it is reprinting
the entirety of the proposed appendix B, which is the current appendix
C re-named to appendix B with amendments as proposed, with formatting
changes. All substantive proposals are summarized in Table II.1.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
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DOE issued an enforcement Codify the enforcement Improve clarity
policy pertaining to certain policy in 10 CFR of test
types of DPPPs that were not 431.464 by explicitly procedure.
considered during the excluding these
development of the test certain pumps from
procedures and currently the scope of DOE's
applicable energy DPPP test procedure.
conservation standards for
DPPPs.
References NSF/American Adopts latest versions Harmonize with
National Standards Institute of these referenced updated
(``ANSI'')/Canadian Standards industry standards. industry
Association (``CAN'') 50- standard.
2015, Hydraulic Institute
(``HI'') 40.6-2016.
Not all definitions relevant Amends the following Improve clarity
to DPPP in 10 CFR 431.462 are pump definitions in of test
aligned with definitions 10 CFR 431.462 to procedure.
specified for DPPP motors in align with the
10 CFR 431.483. corresponding DPPP
motor definitions in
10 CFR 431.483: multi-
speed dedicated-
purpose pool pump,
variable-speed
dedicated-purpose
pool pump, dedicated-
purpose pool pump
motor total
horsepower, rigid-
electric spa pump
motor. Adds
definitions for drive
and maximum operating
speed.
[[Page 74026]]
Appendix B was required for Removes appendix B, Improve clarity
any representations made with which is now of test
respect to the energy use or obsolete, and renames procedure.
efficiency of DPPPs between appendix C as
February 5, 2018 and July 19, appendix B.
2021.
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DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would not alter the measured
efficiency of DPPPs or require retesting or recertification solely as a
result of DOE's adoption of the proposed amendments to the test
procedures, if made final. Additionally, DOE has tentatively determined
that the proposed amendments, if made final, would not increase the
cost of testing. Discussion of DOE's proposed actions are addressed in
detail in section III of this NOPR.
III. Discussion
In the following sections, DOE proposes certain amendments to its
test procedures for DPPPs. For each proposed amendment, DOE provides
relevant background information, explains why the amendment merits
consideration, discusses relevant public comments, and proposes a
potential approach.
A. Scope of Applicability
DOE's test procedures for DPPPs apply to the following types of
DPPPs that are served by single-phase or polyphase input power: (1)
self-priming pool filter pumps, (2) non-self-priming pool filter pumps,
(3) waterfall pumps, and (4) pressure cleaner booster pumps. 10 CFR
431.464(b)(1)(i)-(ii). These test procedures do not apply to (1)
submersible pumps or (2) self-priming and non-self-priming pool filter
pumps with hydraulic output power greater than or equal to 2.5
horsepower. 10 CFR 431.464(b)(1)(iii).
The scope of the DPPP test procedure as defined at 10 CFR
431.464(b)(1) is consistent with the scope recommended by the DPPP
Working Group. As part of its consideration of test procedure and
standards for DPPPs, the DPPP Working Group determined that very large
pool filter pumps are most commonly installed in commercial
applications, where the head and flow characteristics are significantly
different from residential installations. Because of these differences,
the DPPP Working Group concluded that a test procedure for very large
pool filter pumps would have required different load points than those
established for residential pool pumps. Additionally, it was determined
that for very large pool filter pumps, changes in the equipment such as
pipe diameter made system curve C unrepresentative of such equipment
(see below for further information on system curves). (Docket No. EERE-
2015-BT-STD-0008, No. 53 at p. 190-191, 197-199). The DPPP Working
Group also discussed very large pool filter pumps' use of motors which
are already subject to DOE standards and which are generally higher
efficiency than motors of smaller pool filter pumps. (Docket No. EERE-
2015-BT-STD-0008, No. 79, p. 40).
During the course of the DPPP Working Group negotiations, a
hydraulic output of 2.5 hydraulic horsepower (``hhp'') was discussed as
the threshold value that differentiates residential pool filter pumps
from the type of very large pool filter pumps most commonly installed
in commercial applications. (Docket No. EERE-2015-BT-STD-0008, No. 79
at p. 33-34, p. 39, p. 41-42, p. 44-48, p. 50-53). The identification
of 2.5 hhp as the threshold was based on identifying the DPPP with
largest hhp in the California Energy Commission's certification
database,\5\ which was presumed to include pumps used only in
residential applications. The DPPP Working Group also noted a lack of
performance data for very large pool filter pumps, which prevented the
group from negotiating standards for these pumps. Consequently, the
DPPP Working Group did not recommend a test procedure for these pumps.
(Docket No. EERE-2015-BT-STD-0008, No. 79 at p. 33-34, p. 39, p. 41-42,
p. 44-48, p. 50-53). Consistent with the recommendations of the DPPP
Working Group, DOE did not adopt a test procedure or standards for pool
filter pumps with hydraulic output power greater than or equal to 2.5
hhp in the August 2017 TP Final Rule. 82 FR 36858, 36872.
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\5\ California Energy Commission's Modernized Appliance
Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx.
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Subsequent to the adoption of the test procedure and energy
conservation standards for DPPPs, DOE became aware of several models of
DPPPs that are designed and marketed for commercial applications but
that do in fact have hydraulic output power less than 2.5 hhp. These
pumps are also characterized as having an orifice with inner diameter
of greater than 2.85 inches and a measured performance of greater than
or equal to 200 gallons per minute (``gpm'') at 50 feet of head, as
measured in accordance with the DOE test procedure. The Office of the
General Counsel issued an enforcement policy statement regarding these
DPPPs (``DPPP Enforcement Policy'').\6\ The DPP Enforcement Policy
explained that these pumps were considered to be different from
dedicated-purpose pool pumps considered during the DPPP Working Group
negotiations, but were not explicitly exempted in the regulatory text
of the August 2017 TP Final Rule and January 2017 ECS Direct Final
Rule. The policy states that DOE will not enforce the testing,
labeling, certification, and standards compliance requirements for
DPPPs meeting all of the following three criteria: (1) the orifice on
the pump body that accepts suction side plumbing connections has an
inner diameter of greater than 2.85 inches; (2) the pump has a measured
performance of >=200 gpm at 50 feet of head as determined in accordance
with appendix B or appendix C (as applicable) to subpart Y of part 431,
section I.A.1 (when determining overall efficiency, best efficiency
point, or other applicable pump energy performance information, section
40.6.5.5.1, ``Test procedure''; section 40.6.6.2, ``Pump efficiency'';
and section 40.6.6.3, ``Performance curve'' must be used, as
applicable); and (3) the pump is marketed exclusively for commercial
applications.
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\6\ www.energy.gov/gc/articles/direct-purpose-pool-pumps-enforcement-policy.
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In the January 2022 TP RFI, DOE requested comment on whether it
should expand the scope of the DPPP test procedure to include pumps
designed for commercial applications, including those subject to the
DPPP Enforcement Policy and/or pool filter pumps with hydraulic output
power greater than or equal to 2.5hhp. 87 FR 3457, 3460. DOE also
sought information on which test points and
[[Page 74027]]
system curves \7\ would be appropriate to measure performance of these
DPPPs. Id. The following sections discuss comments received and DOE's
consideration of pool filter pumps with hydraulic output power greater
than or equal to 2.5 hhp and pumps subject to the DPPP Enforcement
Policy.
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\7\ A system curve is a graphical representation of the
relationship between flow rate and the associated head losses.
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1. Pool Filter Pumps With Hydraulic Output Power >=2.5 HHP
The PHTA stated that DOE should not expand the scope of the DPPP
test procedure to include commercial pumps with 2.5 hhp or greater, as
these pumps cover a wide range of applications and are subject to
strict public health regulations. (PHTA, No. 6, pp. 13-14) The PHTA
further commented that if these large pumps are pursued, the scope
would need to be narrowed (e.g., capped at 5 hhp or single-phase motors
only). (Id.) Fluidra stated that the scope and range of commercial
pumps above 2.5 hhp is varied and vast, and that DOE should consider
limiting the scope of coverage for commercial DPPPs to single speed
DPPPs that fall under DOE's DPPP Enforcement Policy. Fluidra stated
that before extending the scope further, DOE would need to conduct a
new analysis and develop a new test method with industry as for
commercial applications, pipe sizes range from 3-to-12-inch plumbing,
and only system Curves A, B, and C \8\ have been commonly accepted by
industry. (Fluidra, No. 7, pp. 9-10)
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\8\ A set of standardized system curves has been developed for
DPPPs, designated as A, B, C, and D. Curves A, B, and C were
developed by Pacific Gas and Electric based data from an exercise by
ADM Associates, Inc. in 2002, Evaluation of Year 2001 Summer
Initiatives Pool Pump Program and input from industry experts. The
Australia state and territory governments and the New Zealand
government operate the Energy Rating Labeling Program rely on
Australian Standard (AS) 5102-2009, ``Performance of household
electrical appliances--Swimming pool pump--units, Parts 1 and 2''
(AS 5102-2009) which utilizes system curve D.
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The PHTA also stated that DOE would need to determine a new test
point to develop an appropriate system curve because the current test
procedure is based on the system curve C, on which the larger DPPPs do
not operate. (PHTA, No. 6, p. 14) This new test procedure would need to
also determine the plumbing size, hhp categories, and appropriate curve
per those categories. Id.
DOE noted in the August 2017 TP Final Rule that the system curve C
on which DOE's current DPPP test procedure is based \9\ was initially
developed to be representative of 2.5-inch plumbing. 82 FR 36858,
36879. Additionally, section 4.1.2.1.3 of ANSI/Association of Pool and
Spa Professionals (``APSP'')/International Code Council (``ICC'')-15a-
2013 \10\ describes curves A, B, and C as ``approximately''
representative of 2.0-inch, 1.5-inch, and 2.5-inch diameter pipe,
respectively, as noted in the 2016 NOPR that preceded the August 2017
TP Final Rule. 81 FR 64580, 64598 (September 20, 2016) (``2016 TP
NOPR'').
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\9\ Specifically, for self-priming pool filter pumps and non-
self-priming pool filter pumps, Table 1 of appendix C specifies a
head equation corresponding to system curve B (i.e., H = 0.0082 x
Q\2\).
\10\ ANSI/APSP/ICC-15a-2013, ``American National Standard For
Residential Swimming Pool And Spa Energy Efficiency.''
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ASAP et. al, CEC and NYSERDA, and the CA IOUs commented that DOE
should develop a test procedure to cover large commercial pool pumps.
These commenters each cited a study by Worth et al. (``Worth et al.
study'') \11\ that estimated that while large public pools comprise
only 2 percent of the total in-ground pools, they account for 49
percent of total pool pump energy use. (ASAP et al., No. 8, p. 1; CEC
and NYSERDA, No. 9, p. 2; CA IOUs, No. 10, p. 2) The CA IOUs noted that
the current scope of the DPPP products test procedure was limited to
products below 2.5 hhp, and that the corresponding standards had
yielded significant energy savings. (CA IOUs, No. 10, p. 2) The CA IOUs
stated that the Worth et al. study demonstrates that the large
commercial pool pump market consumes approximately the same electrical
energy as pool pumps subject to DOE's DPPPs regulations. The CA IOUs
also commented that the study cited an aquatic management system field
study that reported at least 25 percent savings due to the use of
variable speed controls compared to conventional baseline pumps at each
large commercial pump installation, indicating significant energy
savings potential. (CA IOUs, No. 10, pp. 2-3) Therefore, the CA IOUs
recommended that DOE develop a test procedure for pumps above 2.5 hhp.
Id.
---------------------------------------------------------------------------
\11\ Worth, C., T. Rosenfeld, G. Gockel, and G. Fernstrom. ``A
Cannonball of Opportunity: The Hidden Savings Potential from Large
Public Swimming Pools.'' Proceedings from the 2018 ACEEE Summer
Study on Energy Efficiency in Buildings.
---------------------------------------------------------------------------
The PHTA stated that DOE should not include commercial DPPPs,
noting that there are 258,366 commercial pools, which represents 4.67%
of the United States pool market, and that many pool pumps used in
smaller commercial pools such as hotels or condos are already captured
by the DPPP rule. The PHTA stated it lacked data on how many pumps
larger than 2.5 hhp are currently utilized, but noted that many of
these larger commercial pools likely use single speed pumps and that of
those three-phase pumps in use most used VFDs. PHTA further added that
most commercial pool applications are engineered to ensure proper
turnover rates that ensure compliance with state public health and
safety regulations and national industry codes and standards. PHTA
stated that it believes the challenges of expanding the scope or
developing a separate test procedure far outweigh the benefits. (PHTA,
No. 6, p. 14).
ASAP et. al stated that because of the differences in head and flow
characteristics between commercial and residential pool applications,
DOE should investigate the representative test points and system curves
for DPPPs designed for commercial pool applications. Such a test
procedure would give consumers access to energy efficiency information
based on a standardized test method. (ASAP et al., No. 8, p. 1)
With regard to the development of a system curve for large
commercial pool pumps, the CA IOUs noted that the DPPP Working Group
had discussed potential low- and high-flow operating points for DPPPs
with larger than 2.5 hhp. (CA IOUs, No. 10, p. 3) The CA IOUs
encouraged DOE to continue this development, and expressed support for
using a constant head system curve rather than Curve C as the DPPP
Working Group had recommended. To support its recommendation, the CA
IOUs presented field data collected by HMW International Inc. from 47
large commercial pools in California of varying sizes and filtration
flow rates.\12\ The CA IOUs stated that the study showed a somewhat
consistent linear trend between flow rate and power, indicating that
flow rate is the primary source energy demand variation. The CA IOUs
explained that this trend is attributable to the rule of thumb used by
industry in which these systems are designed using an end-suction
closed coupled pump with an assumed constant head pressure of 60 to 70
feet. The CA IOUs asserted that although this constant head pressure
assumption is different from the 47 feet of head in the 200 to 500 gpm
(2 to 7 hhp) range
[[Page 74028]]
assumed by the DPPP Working Group,\13\ the use of a constant head test
method approach for this equipment appears to be practical and
supported by field data. The CA IOUs stated that DOE should work with
industry to refine the system curve and design head assumptions based
on current practices and field data in order to propose a test method
for the larger commercial DPPPs. (CA IOUs, No. 10, pp. 3-4)
---------------------------------------------------------------------------
\12\ Ibid, 3-8.
\13\ See transcript from negotiations resulting in the January
2017 ECS Direct Final Rule: Docket No. EERE-2015-BT-STD-0008, No.
95, pp. 188-197.
---------------------------------------------------------------------------
In this NOPR, DOE is not proposing a test procedure for DPPPs with
greater than 2.5 hhp. Regarding comments to develop the appropriate
system curve and test load points for DPPPs with greater than 2.5 hhp,
DOE notes that the DPPP Working Group discussed potential test
procedures for DPPPs with greater than 2.5 hhp, but did not come to
consensus on such a test procedure. The DPPP Working Group discussed
how, unlike DPPPs with less than 2.5 hhp which are typically installed
in residential applications, very large pool filter pumps are more
commonly installed in commercial applications with significantly
different and variable head and flow characteristics than those
applicable to residential applications. (Docket No. EERE-2015-BT-STD-
0008, CA IOUs No. 53 at p. 197-200) Therefore, the DPPP Working Group
determined that any test procedure for very large pool filter pumps
(i.e., those over 2.5 hhp) would require unique load points and system
curves. (Docket No. EERE-2015-BT-STD-0008, No. 53 at p. 190-191). The
DPPP Working Group considered system curves other than curve C and
ultimately considered a constant head test method for larger DPPPs, as
noted by the CA IOUs, with discussion regarding a potential
discontinuity at 2.5 hhp.\14\ The CA IOUs comment cites a study that
would support a different constant head value than that discussed by
the DPPP Working Group for pumps over 2.5 hhp. In addition, as
discussed in section III.A.2, commenters recommended considering system
curves D and E for pumps near 2.5 hhp and subject to the enforcement
policy. (CA IOUs, No. 10, p. 2; CEC and NYSERDA, No. 9, p. 2) DOE notes
that the use of differing system curves, including constant head
curves, across different categories or sizes of DPPPs, would cause
discontinuities in ratings at the hhp boundaries, which could cause
confusion in the marketplace due to the inability to correctly compare
products in that space. DOE also lacks access to and data regarding the
distribution of pool commercial pool sizes, which would be necessary to
independently verify and to develop a test procedure.
---------------------------------------------------------------------------
\14\ See transcript from negotiations resulting in the January
2017 ECS Direct Final Rule: Docket No. EERE-2015-BT-STD-0008, No.
95, p. 188-197; Docket No. EERE-2015-BT-STD-0008, No. 63, p. 2. See
for example, presentation from negotiations: Docket No. EERE-2015-
BT-STD-0008, No. 60, p. 143-147.
---------------------------------------------------------------------------
Therefore, at this time, DOE does not have sufficient field data or
performance characteristics to properly develop a test procedure
appropriate for DPPPs with greater than 2.5 hhp. DOE has not been made
aware of or received any additional data subsequent to the DPPP Working
Group process that would allow it to develop a test procedure that is
representative for DPPPs with greater than 2.5 hhp. If DOE determines
in a final rule not to expand the scope, DOE will continue to monitor
the commercial pool market and regulatory environment and reassess the
scope of its test procedure in the future.
In addition, DOE reviewed the Worth et al. study cited by ASAP et
al., CEC and NYSERDA, and the CA IOUs. The report recommends developing
standards to support incentives for variable speed technology retrofits
on pumps used in large public pools. DOE notes, however, that the
report identifies several barriers to using variable speed technology
pumps in public pools, including restrictive health codes as well as a
lack of best practices, control technology, and training specific to
the public pool industry.\15\ These barriers to installing more
efficient pumps in public pools suggests that lack of a DOE test
procedure and accompanying energy conservation standard for DPPPs with
greater than 2.5 hhp is not a key barrier hindering the achievement of
pool pump efficiency in large commercial pools. DOE is also concerned
that should DOE receive data allowing DOE to develop a representative
test procedure for these DPPPs, developing such test procedures and
standards may create conflict with health and safety codes that are
applicable to most use cases for these DPPPs. DOE welcomes comment on
this issue.
---------------------------------------------------------------------------
\15\ Worth, C., T. Rosenfeld, G. Gockel, and G. Fernstrom. ``A
Cannonball of Opportunity: The Hidden Savings Potential from Large
Public Swimming Pools.'' Proceedings from the 2018 ACEEE Summer
Study on Energy Efficiency in Buildings, pp. 2-3.
---------------------------------------------------------------------------
For the reasons discussed in this section, in this NOPR, DOE is not
proposing a test procedure specific to DPPPs with hydraulic output
power greater than 2.5 hhp.
DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests data that would allow it to
develop such a test procedure if it was determined to be warranted,
including distribution of commercial pool sizes and piping,
distribution of head and flow requirements across applications in
consideration of current health and safety codes, and distribution of
single speed and variable speed installations.
2. Pumps Subject to DOE's DPPP Enforcement Policy
The CA IOUs commented that DOE should develop a test method for the
DPPPs near 2.5 hhp that meet the criteria of the DPPP Enforcement
Policy, and that this criteria could be used to identify a unique
equipment class of self-priming pool pumps that requires separate
testing conditions from conventional self-priming pool pumps. The CA
IOUs noted that the system curve C is reportedly not appropriate for
testing due to larger suction and outlet side plumbing that would lower
the total dynamic head for a given flow. The CA IOUs stated the current
test procedure is based on system curve C, which represents
approximately 2.5-inch plumbing with total dynamic head representative
of residential pools. The CA IOUs stated DOE should work with industry
to determine if curve D \16\ or a new curve E would be a more
appropriate option for these larger DPPPs (i.e., that are near 2.5 hhp
but covered by the DPPP Enforcement Policy) and validate the
effectiveness of the curve including the minimum gpm value. They
further stated that DOE should collect data on both residential and
commercial products and work with industry to estimate a suitable
minimum flow requirement for the low-speed operating point for this
potential equipment class. (CA IOUs, No. 10, p. 2)
---------------------------------------------------------------------------
\16\ An Australian standard for pool pump units, AS 5102.1:2019,
``Performance of household electrical appliances--Swimming pool
pump-units Measurement of energy consumption and performance,'' uses
system curve D. Additionally Pentair has referenced curve D in
comments to ENERGY STAR as reflective of the hydraulic conditions of
larger pools. (Available at www.energystar.gov/sites/default/files/specs/Pentair%20Comments.pdf).
---------------------------------------------------------------------------
CEC and NYSERDA recommended that DOE amend the test procedure to
ensure that pumps subject to the DPPP Enforcement Policy can be
appropriately tested, and that doing so would eliminate the need for
the enforcement policy. (CEC and NYSERDA, No. 9, p. 1) They noted that
the DPPP Enforcement Policy was only needed because the failure to
consider
[[Page 74029]]
such DPPPs by the DPPP Working Group was an oversight, and that DOE
should take the opportunity to correct this oversight by amending the
test procedure to appropriately test those DPPPs. Id. CEC and NYSERDA
further stated that, as discussed in the DPPP Working Group, curve D
and E \17\ can be a starting point for a potential system curve for
testing these DPPPs, which are not intended to run on Curve C. (CEC and
NYSERDA, No. 9, p. 1)
---------------------------------------------------------------------------
\17\ Although a ``curve E'' was mentioned during discussions in
the DPPP Working Group, DOE is not aware of a curve E having been
developed or used by the pool pump industry.
---------------------------------------------------------------------------
PHTA and Fluidra commented that DOE should codify DOE's DPPP
Enforcement Policy. (PHTA, No. 6, p. 14, Fluidra, No. 7, p. 2)
As discussed in section III.A of this document, the pumps subject
to the DPPP Enforcement Policy are designed for commercial pool
applications and exhibit head and flow characteristics that are
significantly different from residential installations. These
commercial applications also include a much wider range of piping
system sizes and features and this range would not allow DOE to create
a system curve from DOE's existing data that would be representative of
these pumps. As such, the current DOE test procedure would not produce
test results that are representative for pumps with hydraulic output
power less than 2.5 hhp that are designed and marketed for use in
commercial pool applications.
In this NOPR, DOE is not establishing test procedures specific to
the pumps subject to the DPPP Enforcement Policy for the same reasons
described in section III.A.1 of this NOPR regarding DOE's determination
not to establish test procedures for DPPPs with hydraulic output power
greater than 2.5 hhp--namely: (1) because any test procedure for pumps
with hydraulic output power less than 2.5 hhp that are designed and
marketed for use in commercial pool applications would require unique
load points and system curves, and DOE does not have sufficient data or
any further information than it did at the time of the August 2017 TP
Final Rule to develop a test procedure appropriate for such pumps and
to consider the implications of discontinuities at the capacity
boundaries, and (2) that DOE has tentatively determined that any
benefits of such a test procedure would be outweighed by potential
complications with health and sanitation codes.
In addition, since the test procedure would not produce results
that are representative for pumps covered by DOE's DPPP Enforcement
Policy, DOE is proposing to amend the test procedure scope language at
10 CFR 431.464(b)(1)(iii) to make explicit that DPPPs meeting the three
criteria specified in DOE's DPPP Enforcement Policy are excluded from
the scope of the test procedure, with one modification to the second
criterion. The second criterion specifies that the pump have a measured
performance of >=200 gpm at 50 feet of head as determined in accordance
with appendix B or C (as applicable) to subpart Y of 10 CFR part 431,
section I.A.1 (When determining overall efficiency, best efficiency
point, or other applicable pump energy performance information, section
40.6.5.5.1, ``Test procedure''; section 40.6.6.2, ``Pump efficiency'';
and section 40.6.6.3, ``Performance curve'' must be used, as
applicable.). Because DOE has tentatively determined that the DPPP test
procedure is not applicable to these DPPPs, DOE is proposing to remove
the reference to the DPPP test procedure appendix and instead specify
that the measured gpm performance at 50 feet of head be determined in
accordance with section 40.6.5.5.1, ``Test procedure'' and section
40.6.6.3, ``Performance curve'' of HI 40.6-2021.'' This is not a
substantive change because the revision would more explicitly reference
the applicable sections of the industry standard rather than
referencing the DPPP test procedure that includes those references.
Further, DOE is proposing to establish additional product-specific
enforcement provisions for DPPPs at 10 CFR 429.134(i)(2) that would
specify how DOE would determine whether a given pump satisfies the
criteria of having a measured performance of >=200 gpm at 50 feet of
head. Specifically, DOE is proposing to specify that DOE would use
section 40.6.5.5.1, ``Test procedure'' and section 40.6.6.3,
``Performance curve'' of HI 40.6-2021, to determine the flow rate or
gpm of the DPPP model at 50 feet of head, and will use the mean of the
measurement (either the measured flow rate for a single unit sample or
the average of the measured flow rates for a multiple unit sample) to
determine the applicable standard, if any. As discussed, these DPPPs
are distinguished by having an orifice with inner diameter of greater
than 2.85 inches; a measured performance of >=200 gpm at 50 feet of
head as determined in accordance with appendix C, and are marketed
exclusively for commercial applications.
DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs currently subject to the
DPPP Enforcement Policy. DOE also requests data related to the
applications these DPPPs serve including pool size, piping size, and
minimum head and flow requirements. DOE also requests any data and
information related to development of a curve E, as well data
indicating how such a curve was determined (or could be determined) to
be representative of this set of pumps. DOE further requests comment on
its proposal to amend the Scope section of the test procedure to
explicitly exclude such pumps from the scope of the test procedure.
3. Certain Self-Priming Pumps and Waterfall Pumps
DOE also received comments in response to the January 2022 TP RFI
regarding the application of DOE's DPPP Enforcement Policy with respect
to certain self-priming pumps and waterfall pumps.
Referencing a Pentair presentation submitted to the CEC, the CA
IOUs stated that some self-priming DPPPs used in residential
applications meet the enforcement policy criteria when a vanishing edge
water feature is present. The CA IOUs commented that DOE should revisit
the criteria specifying ``marketed exclusively for commercial
applications'' to ensure that residential DPPPs are not also adversely
impacted by the DOE test procedure rating conditions. (CA IOUs, No. 10,
p. 2) DOE acknowledges that one of the pumps shown in that presentation
could be subject to DOE's DPPP Enforcement Policy based on performance
curve alone. However, DOE believes it would be excluded from the
enforcement policy based on orifice size and marketing, indicating that
curve C may be more representative for this pump than for pumps subject
to the enforcement policy, and that this particular pump was likely
among those intended to be subject to standards. As such, DOE is not
proposing any changes to the provisions of the enforcement policy as
they are proposed to be applied to the scope of the test procedure,
discussed in section III.A.2.
The PHTA commented that DOE should consider defining ``commercial
waterfall pumps'' because not all such pumps meet the DPPP Enforcement
Policy criteria that specifies performance of >=200 gpm at 50 feet of
head. The PHTA commented that DOE should create two separate categories
for ``waterfall pump'' to address different sizes and ensure that those
intended for commercial applications are addressed differently. (PHTA,
No. 6, p. 3, 14) Fluidra also commented that the
[[Page 74030]]
commercial application of waterfall pumps should be included in the
scope of DOE's DPPP Enforcement Policy. Fluidra commented that DOE
should define ``commercial waterfall pumps'' to meet the definition of
``waterfall pump'' at 10 CFR 431.462 and also meet criteria 1 and 3 of
the DOE's DPPP Enforcement Policy: (1) the orifice on the pump body
that accepts suction side plumbing connections has an inner diameter of
greater than 2.85 inches and (3) the pump is marketed exclusively for
commercial applications. (Fluidra, No. 7, p. 2)
DOE notes that the definition of waterfall pump at 10 CFR 431.462
is limited to pool filter pumps with a certified maximum head less than
or equal to 30.0 feet, and a maximum speed less than or equal to 1,800
rpm. Any pump with a certified maximum head less than or equal to 30.0
feet would not be capable of meeting the second criteria of the DPPP
Enforcement Policy, which specifies a certain flow rate level at 50
feet of head. Therefore, a DPPP meeting the waterfall pump definition
would never be included in the scope of the DOE DPPP Enforcement
Policy, including as DOE proposes to codify the DPPP Enforcement Policy
in this NOPR. Fluidra's proposal indicates that orifice diameter
(criteria 1) and marketing (criteria 3) should be sufficient to
distinguish commercial waterfall pumps from other waterfall pumps and
that commercial waterfall pumps should be included in the DPPP
Enforcement Policy. (Fluidra, No. 7, p. 2) DOE has tentatively
determined that these conditions are not sufficient to warrant
different treatment. In particular, both marketing and orifice size can
be changed--for example, an adapter could be used to apply a pump with
a larger orifice to a smaller pipe diameter. Furthermore, although
curve C was selected as the most representative system curve for the
DOE test procedure, not all DPPPs subject to the test procedure will be
applied to 2.5 inch pumping. It was the combination of significantly
different hydraulic conditions (in the form of the pump curve) as well
as presumably different piping sizes and marketing, that was used to
identify DPPPs that were hydraulically different from those considered
by the DPPP Working Group and to establish the enforcement policy
criteria.
For the reasons discussed, DOE has no technical basis with which to
propose excluding certain waterfall pumps from the test procedure scope
based solely on orifice size and marketing. Therefore, DOE has
tentatively determined not to propose a separate definition for
commercial waterfall pumps and to maintain the single definition at 10
CFR 431.462.
DOE further notes that no certification requirements or energy
conservation standards currently apply to DPPPs meeting the current
definition of waterfall pump at 10 CFR 431.462. 10 CFR 429.59; 10 CFR
431.465. When DOE selected Trial Standard Level 3 as the energy
conservation standard for DPPPs, this standard did not establish a
standard level for waterfall pumps. 82 FR 5650, 5663, 5715, 5735. As
such, waterfall pumps as defined are subject only to the test procedure
should a manufacturer choose to make representations.
B. Updates to Industry Standards
The test conditions, methods, and measurements described in
appendix C reference certain sections of several industry standards, as
described further throughout this section. Several of the referenced
industry test standards have been updated by industry since DOE
established its test procedures. The currently referenced 2014 version
\18\ of HI 40.6 (``HI 40.6-2014'') has been updated to a 2021 version
\19\ (``HI 40.6-2021''); the currently referenced 2015 version \20\ of
NSF/ANSI 50 (``NSF/ANSI 50-2015'') has been updated to a 2019 version
\21\ (``NSF/ANSI/CAN 50-2019''), followed by a 2020 version \22\
(``NSF/ANSI/CAN 50-2020''); and the currently referenced 2014 version
\23\ of CSA C747-2009 (``CSA C747-2014'') has been updated to a 2019
version \24\ (``CSA C747-2019''). In the January 2022 TP RFI, DOE
requested comment on the updated standards HI 40.6-2021 and NSF/ANSI/
CAN 50-2019 \25\ and whether they should be incorporated by reference
for the DPPP test procedure. 82 FR 3457, 3460-3461.
---------------------------------------------------------------------------
\18\ Hydraulic Institute, Hydraulic Institute Standard for
Methods for Rotodynamic Pump Efficiency Testing, Approved 2014.
\19\ Hydraulic Institute, Hydraulic Institute Standard for
Methods for Rotodynamic Pump Efficiency Testing, Approved February
17, 2021.
\20\ NSF International, American National Standards Institute,
Equipment for Swimming Pools, Spas, Hot Tubs and Other Recreational
Water Facilities, Approved January 26, 2015.
\21\ NSF International, American National Standards Institute,
Canadian Standards Association, Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,
Approved 2019.
\22\ NSF International, American National Standards Institute,
Canadian Standards Association, Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,
Approved October 21, 2020.
\23\ Canadian Standards Association, Energy efficiency test
methods for small motors, Approved August 2016.
\24\ Canadian Standards Association, Energy efficiency test
methods for small motors, Approved 2019.
\25\ As discussed later in this section, the 2020 version of
NSF/ANSI/CAN 50 was released subsequent to the analysis conducted in
support of the January 2022 TP RFI.
---------------------------------------------------------------------------
The PHTA stated that its members are in overall support of using
the latest editions of most standards but need more time to review the
latest edition of HI 40.6 to assess its impact. Regarding updating to
the 2020 version of NSF/ANSI/CAN 50, PHTA stated that DOE should use
this version, and Fluidra stated that use of this version is acceptable
if there are no changes to the test method. (Fluidra, No. 7, p. 10;
PHTA, No. 6, p. 14-15)
The PHTA and Fluidra stated that if updates to the latest editions
of industry standards require re-testing, those updates would pose a
significant burden to manufacturers. (PHTA, No. 6, p. 14-15; Fluidra,
No. 7, p. 10) The PHTA stated that members would not want to invest in
such a re-testing effort for existing pumps on the market, and that
they presumed that any revised DPPP rule would require only new pumps
to be tested to the latest editions of industry standards. (PHTA, No.
6, p. 14-15)
NSF commented that it supports retaining and updating NSF/ANSI/CAN
50 for DOE's DPPP test procedure. NSF stated that the section of NSF/
ANSI/CAN 50 that is referenced in DOE's DPPP test procedure has only
changed from being labeled C3 to N-3.3 and that the performance
requirements in the section remain the same. (NSF, No. 4, pp. 1-2)
Appendix C states that the WEF of DPPPs must be determined in
accordance with HI 40.6-2014 (with the exception of certain sections of
the industry standard). Appendix C references HI 40.6-2014 with regards
to equipment, test conditions and tolerances, and data collection and
stabilization. DOE's review of the 2021 version of HI 40.6 indicates
that updates are mainly limited to nomenclature and definitions,\26\
non-substantive changes to section titles, and the inclusion of a new
appendix for the testing of circulator pumps. DOE does not need to
reference the new appendix for the DOE DPPP test procedure. Regarding
the HI 40.6 sections referenced in appendix C of the DOE test
procedure, the title of section 40.6.4, ``Considerations when
determining the efficiency of a pump'' has been changed to
``Considerations when determining the efficiency of certain pumps.''
Section A.7 of HI 40.6, ``Testing at temperatures exceeding 30
[[Page 74031]]
[deg]C (86 [deg]F)'', which the DOE test procedure currently directs
not be used, has been removed. Further, in the test procedure NOPR for
commercial and industrial pumps published on April 11, 2022, DOE
tentatively determined that with respect to the provisions of HI 40.6-
2014, the corresponding provisions of HI 40.6-2021 are substantively
the same and that adopting such provisions would not change the current
test procedure. 87 FR 21268, 21285. Based on these considerations, DOE
has tentatively determined the updates in HI 40.6-2021 are non-
substantive and will neither affect testing nor result in different
test outcomes for the measured values of DPPPs. DOE proposes to
incorporate by reference HI 40.6-2021 and update the DPPP test
procedure by replacing references to HI 40.6-2014 with HI 40.6-2021.
Since HI 40.6-2014 would no longer be referenced if DOE were to
finalize the test procedure as proposed, DOE also proposes to remove
the incorporation by reference of HI 40.6-2014 by way of replacing it
with HI 40.6-2021 at 10 CFR 431.463(d)(4).
---------------------------------------------------------------------------
\26\ ANSI/HI 14.1-14.2 ``Rotodynamic Pumps for Nomenclature and
Definitions''.
---------------------------------------------------------------------------
Product-specific enforcement provisions at 10 CFR
429.134(i)(2)(iv)(A) also reference appendix A and section 40.6.3.2.2
of HI 40.6-2014. For similar reasons as stated in the above paragraph,
DOE proposes to replace these references to HI 40.6-2014 with
references to HI 40.6-2021.
Section F of appendix C references section C.3 of appendix C of
NSF/ANSI 50-2015 with regards to determining the self-priming
capability of a pump, which is necessary to determine if a DPPP meets
DOE's definition of a self-priming or non-self-priming pump. In the
January 2022 TP RFI, DOE noted that section N-3.3 of NSF/ANSI/CAN 50-
2019 is the same as section C.3 of NSF/ANSI 50-2015. 87 FR 3457, 3460-
3461. Subsequent to the time of analysis of the January 2022 TP RFI, a
2020 version of the standard was released. DOE reviewed the 2020
version and has determined that, like the 2019 version, section C.3 of
NSF/ANSI 50-2015 is the same as section N3-3 of NSF/ANSI/CAN 50-2020.
DOE's review of the content of these sections indicates no changes. DOE
has tentatively determined that updates to the latest version will
neither affect testing nor result in different test outcomes for the
measured values of DPPPs. Therefore, DOE proposes to incorporate by
reference NSF/ANSI/CAN 50-2020 and update the DPPP test procedure by
replacing references to C.3 of NSF/ANSI 50-2015 with N-3.3 of NSF/ANSI/
CAN 50-2020. DOE also proposes to remove the incorporation by reference
of NSF/ANSI 50-2015 by way of replacing it with NSF/ANSI 50-2020 at 10
CFR 431.463(g)(1).
DOE did not request for comment on updating to CSA C747-2019
because it is simply a reaffirmed version of CSA C747-2014. Therefore,
there are no changes to this test standards, and DOE proposes to
incorporate by reference CSA C747-2019.
As discussed, the proposed updates to industry test standard
references do not involve substantive changes to the test setup and
methodology or impact measured values. DOE has tentatively determined
that incorporation by reference of the latest versions will align DOE
test procedures with the latest industry standards.
DOE requests comments on the proposal to incorporate by reference
HI 40.6-2021, NSF/ANSI/CAN 50-2020, and CSA C747-2019 for appendix C.
C. Definitions
Definitions relevant to DOE's DPPP test procedure are specified at
10 CFR 431.462. In the January 2022 TP RFI, DOE requested comment on
the definitions of DPPPs and DPPP varieties and whether any of the
terms should be amended. In particular, DOE requested comment on
whether the terms are sufficient to identify which equipment is subject
to the test procedure and whether any test procedure amendments are
required to ensure that all such equipment can be appropriately tested
in accordance with the test procedure. 87 FR 3457, 3459.
The PHTA commented that no changes were needed to most of the
existing definitions, with some exceptions. (PHTA, No. 6, p. 2)
The following sections discuss DOE's proposals to align certain
DPPP definitions with definitions for DPPP motors, definitions
pertaining to integral filters, and definitions pertaining to pool pump
timers.
1. Aligning DPPP and DPPP Motor Definitions
On August 14, 2018, DOE received a petition submitted by a variety
of entities (collectively, the ``Joint Petitioners'') \27\ requesting
that DOE issue a direct final rule to establish prescriptive standards
and a labeling requirement for DPPP motors (``2018 DPPP Motor
Petition'').\28\ Appendix A of the 2018 DPPP Motor Petition included
various recommended definitions pertaining to the proposal. In response
to the January 2022 TP RFI, the PHTA stated that DOE should review the
misalignment of definitions in the 2018 DPPP Motor Petition and DOE's
test procedure final rule for DPPP motors that went into effect
September 27, 2021. (PHTA, No. 6, p. 2-3, 12)
---------------------------------------------------------------------------
\27\ The petitioners included the following: The Association of
Pool & Spa Professionals, Alliance to Save Energy, American Council
for an Energy-Efficient Economy, Appliance Standards Awareness
Project, Arizona Public Service, California Energy Commission,
California Investor Owned Utilities, Consumer Federation of America,
Florida Consumer Action Network, Hayward Industries, National
Electrical Manufacturers Association, Natural Resources Defense
Council, Nidec Motor Corporation, Northwest Power and Conservation
Council, Pentair Water Pool and Spa, Regal Beloit Corporation, Speck
Pumps, Texas ROSE (Ratepayers' Organization to Save Energy),
Waterway Plastics, WEG Commercial Motors, and Zodiac Pool Systems.
\28\ The 2018 DPPP Motor Petition is available at
www.regulations.gov/document/EERE-2017-BT-STD-0048-0014.
---------------------------------------------------------------------------
Specifically, the PHTA stated that the variable-speed and multi-
speed definitions from the 2018 DPPP Motor Petition should be included
in any update to current DPPP rules, and that DOE should refer to UL
1004-10 to capture those definitions. (PHTA, No. 6, p. 12) Fluidra
commented that the 2018 DPPP Motor Petition, with all the included
definitions for DPPP motors, should be adopted. (Fluidra, No. 7, p. 9)
On July 29, 2021, DOE published a final rule establishing a test
procedure for DPPP motors. 86 FR 40765 (``September 2021 DPPP Motors
Final Rule''). In that rule, DOE specified that the applicable
definitions for DPPP motors are in Section 2 ``Glossary'' of UL 1004-
10:2020 \29\ and codified this specification in 10 CFR 431.483,
``Definitions.'' 86 FR 40765, 40769. In the September 2021 DPPP Motors
Final Rule, DOE described that in the NOPR for that test procedure
rulemaking, it had presented the main differences in definitions
specified in UL 1004-10:2019 \30\ and those recommended in the 2018
DPPP Motor Petition and, further, had asked for comment on its proposal
to incorporate UL 1004-10:2019. 86 FR 40765, 40769. In response, the CA
IOUs, National Electrical Manufacturers Association (``NEMA'') and PHTA
during the comment period expressed agreement with incorporating UL
1004-10:2020. (Docket No. EERE-2017-BT-STD-0048, No. 64, p. 2; Docket
No. EERE-2017-BT-STD-0048, No. 57, p. 3). DOE in the September 2021
DPPP Motors Final Rule then incorporated UL 1004-10:2020, having
ascertained that this latest version made only minor editorial
[[Page 74032]]
updates and made no changes compared to the 2019 version. 86 FR 40765,
40770.
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\29\ UL Standards. Pool Pump Motors, Published February 28,
2020.
\30\ UL Standards. Pool Pump Motors, Published July 1, 2019.
---------------------------------------------------------------------------
For this NOPR, DOE reviewed and compared the definitions in Section
2 ``Glossary'' of UL 1004-10:2020 for DPPP motors, as referenced in 10
CFR 431.483, with the definitions in 10 CFR 431.462 that pertain to
DPPPs in order to identify any differences that may create conflict or
confusion. UL 1004-10:2020 defines the following terms: (1) dedicated-
purpose pool pump (DPPP) motor; (2) integral cartridge-filter pool pump
motor, (3) integral sand-filter pool pump motor, (4) storable electric
spa pump motor, (5) rigid-electric spa pump motor, (6) waterfall pump
motor, (7) two-speed dedicated-purpose pool pump motor, (8) multi-speed
dedicated-purpose pool pump motor, and (9) variable-speed control
dedicated-purpose pool pump motor. DOE similarly defines each of these
terms in 10 CFR 431.462, but as ``pumps'' without the word ``motor.''
The definition of dedicated-purpose pool pump motor in UL 1004-
10:2020 specifies that it is an electric motor that is single-phase or
poly-phase and is designed and/or marketed for use in dedicated-purpose
pool pump applications. The definition of dedicated-purpose pool pump
in 10 CFR 431.462 specifies different types of pumps that together
comprise the broader definition of DPPP, but does not provide any
specifications regarding motor components or intended applications.\31\
Hence, the definition of dedicated-purpose pool pump in 10 CFR 431.462
does not conflict with the definition of dedicated-purpose pool pump
motor definition in UL 1004-10:2020. Therefore, DOE has tentatively
determined that the definition of dedicated-purpose pool pump in 10 CFR
431.462 does not need to be amended.
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\31\ Dedicated-purpose pool pump is defined as comprising self-
priming pool filter pumps, non-self-priming pool filter pumps,
waterfall pumps, pressure cleaner booster pumps, integral sand-
filter pool pumps, integral-cartridge filter pool pumps, storable
electric spa pumps, and rigid electric spa pumps.
---------------------------------------------------------------------------
The definitions of integral cartridge-filter pool pump motor,
integral sand-filter pool pump motor, and storable electric spa pump
motor in UL 1004-10:2020 state that the motor is a component of the
corresponding DPPP type as defined in 10 CFR 431.462. The definitions
for these DPPP types in 10 CFR 431.462 do not provide any
specifications regarding motor components. Hence, the definitions of
integral cartridge-filter pool pump,\32\ integral sand-filter pool
pump,\33\ and storable electric spa pump \34\ in 10 CFR 431.462 do not
conflict with the definitions of integral cartridge-filter pool pump
motor, integral sand-filter pool pump motor, and storable electric spa
pump motor in UL 1004-10:2020. Therefore, DOE has tentatively
determined that these definitions in 10 CFR 431.462 do not need to be
amended.
---------------------------------------------------------------------------
\32\ Integral cartridge-filter pool pump is defined as a pump
that requires a removable cartridge filter, installed on the suction
side of the pump, for operation; and the cartridge filter cannot be
bypassed.
\33\ Integral sand-filter pool pump is defined as a pump
distributed in commerce with a sand filter that cannot be bypassed.
\34\ Storable electric spa pump is defined as a pump that is
distributed in commerce with one or more of the following: (1) an
integral heater; and (2) an integral air pump.
---------------------------------------------------------------------------
The definition of rigid electric spa pump motor in UL 1004-10:2020
states that the motor does not have a C-flange or square flange
mounting and that it is labeled, designed, and marketed for use only in
rigid electric spas as defined in 10 CFR 431.462, Subpart Y, Pumps. The
definition of rigid electric spa pump in 10 CFR 431.462 specifies a
different set of mounting requirements and does not include the
requirement regarding end-use application.\35\ DOE has tentatively
determined that these differences could create conflict or confusion
and that the UL 1004-10:2020 definition of rigid electric spa pump
motor may cause confusion in that it may be interpreted as referring to
a definition of ``rigid electric spa'' in 10 CFR 431.462, which does
not currently exist. Hence, to align the definition of rigid electric
spa pump in 10 CFR 431.462 with the definition of rigid electric spa
pump motor in UL 1004-10:2020, DOE is proposing to amend the definition
of rigid electric spa pump to specify that a rigid electric spa pump
has a motor that does not have a C-flange or square flange mounting,
and that is labeled, and designed and marketed for use only in rigid
electric spas, in addition to the other criteria currently specified
with the existing definition of rigid electric spa pump. DOE has not
identified any pump motors with C-flange or square flange mounting that
are marketed exclusively for spa pumps. As such, DOE has tentatively
determined that this change in definition would not change the scope of
pumps captured by the definition.
---------------------------------------------------------------------------
\35\ Rigid electric spa pump is defined as an end suction pump
that does not contain an integrated basket strainer or require a
basket strainer for operation as stated in manufacturer literature
provided with the pump and that meets the following three criteria:
(1) is assembled with four through bolts that hold the motor rear
endplate, rear bearing, rotor, front bearing, front endplate, and
the bare pump together as an integral unit; (2) is constructed with
buttress threads at the inlet and discharge of the bare pump; and
(3) uses a casing or volute and connections constructed of a non-
metallic material.
---------------------------------------------------------------------------
DOE requests comment on its proposed revision to the definition of
rigid electric spa pump, particularly with regard to whether the
language regarding C-flange or square flange mounting would change the
scope of pumps captured by the definition.
The definition of waterfall pump motor in UL 1004-10:2020 states
that the motor must have a maximum speed less than or equal to 1,800
revolutions per minute (``RPM'') and is designed and marketed for
waterfall pump applications and labeled for use only with waterfall
pumps. The definition of waterfall pump in 10 CFR 431.462 also
specifies a maximum speed less than or equal to 1,800 RPM and
additionally states that the certified maximum head must be less than
or equal to 30.0 feet.\36\ The specification of the maximum head in the
definition of waterfall pump is not related to the motor component and
therefore does not conflict or cause confusion with the definition of
waterfall pump motor in UL 1004-10:2020. Therefore, DOE has tentatively
determined the definition of waterfall pump in 10 CFR 431.462 does not
need to be amended.
---------------------------------------------------------------------------
\36\ Waterfall pump is defined as a pool filter pump with a
certified maximum head less than or equal to 30.0 feet, and a
maximum speed less than or equal to 1,800 rpm.
---------------------------------------------------------------------------
The definition of two-speed dedicated-purpose pool pump motor in UL
1004-10:2020 specifies that the pump motor is to be ``provided'' with a
pool pump control or if without one, the pump cannot operate, among
other criteria. The definition of two-speed dedicated-purpose pool pump
in 10 CFR 431.462 specifies that the pump is to be ``distributed in
commerce'' with a pool pump control or if without one, the pump cannot
operate, among other criteria.\37\ DOE understands that the phrases
``distributed in commerce'' and ``provided'' may be intended to convey
the same meaning; however, the phrase ``distributed in commerce''
provides greater precision that better aligns with DOE's broader
regulatory definitions and statutory language in EPCA.
[[Page 74033]]
Therefore, DOE has tentatively determined to maintain the wording
``distributed in commerce'' and make no amendments to the definition of
two-speed dedicated-purpose pool pump in 10 CFR 431.462.
---------------------------------------------------------------------------
\37\ Two-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at only two
different pre-determined operating speeds, where the low operating
speed is less than or equal to half of the maximum operating speed
and greater than zero, and must be distributed in commerce either:
(1) with a pool pump control (e.g., variable speed drive and user
interface or switch) that is capable of changing the speed in
response to user preferences; or (2) without a pool pump control
that has the capability to change speed in response to user
preferences, but is unable to operate without the presence of such a
pool pump control.
---------------------------------------------------------------------------
The definition of multi-speed dedicated-purpose pool pump motor in
UL 1004-10:2002 contains notable differences compared to the definition
of multi-speed dedicated-purpose pool pump at 10 CFR 431.462.\38\ Table
III.1 summarizes the differences between these definitions.
---------------------------------------------------------------------------
\38\ Multi-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at more
than two discrete, pre-determined operating speeds separated by
speed increments greater than 100 rpm, where the lowest speed is
less than or equal to half of the maximum operating speed and
greater than zero, and must be distributed in commerce with an on-
board pool pump control (i.e., variable speed drive and user
interface or programmable switch) that changes the speed in response
to pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times.
Table III.1--Comparison of Multi-Speed DPPP and Multi-Speed DPPP Motor
Definitions
------------------------------------------------------------------------
Multi-speed DPPP motor definition in UL Multi-speed DPPP definition at
1004-10:2020 10 CFR 431.462
------------------------------------------------------------------------
Allows for the motor to be provided Does not allow for the pump to
without an on-board pool pump motor be provided without an on-
control that meets certain defined board pool pump motor control
criteria, but includes a condition that meets certain defined
that the motor is ``unable to operate criteria.
without the presence of'' such an on-
board pool pump control.
Uses the phrase ``provided'' with Uses the phrase ``distributed
respect to the on-board pool pump in commerce'' with respect to
control. the on-board pool pump
control.
Specifies that a multi-speed DPPP motor Does not specify any exclusion
is not a variable-speed DPPP motor. of variable-speed DPPP.
------------------------------------------------------------------------
To align the multi-speed dedicated-purpose pool pump definition at
10 CFR 431.62 with the multi-speed dedicated-purpose pool pump motor
definition in UL 1004-10:2020, DOE is proposing to amend the definition
of multi-speed dedicated-purpose pool pump at 10 CFR 431.62 as follows:
(1) explicitly allow for the pump to be distributed in commerce without
an onboard pool pump control that meets the currently defined criteria,
but include a condition that the pump is unable to operate without such
an on-board pool pump motor control; and (2) explicitly specify that a
multi-speed dedicated-purpose pool pump is not a variable-speed
dedicated purpose pool pump. DOE has tentatively determined that these
additions would further clarify the definition but would not be
substantive changes (i.e., would not change the scope of products
currently on the market that meet this definition). DOE is also
proposing to maintain the phrase ``distributed in commerce'' since
``distributed in commerce'' is more precise and better aligns with
DOE's broader regulatory definitions and statutory language in EPCA
than the phrase ``provided''.
Similarly, the definition of variable-speed dedicated-purpose pool
pump motor in UL 1004-10:2002 contains notable differences compared to
the definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.462.\39\ Table III.2 summarizes the differences between these
definitions.
---------------------------------------------------------------------------
\39\ Variable-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at a
variety of user-determined speeds, where all the speeds are
separated by at most 100 rpm increments over the operating range and
the lowest operating speed is less than or equal to one-third of the
maximum operating speed and greater than zero. Such a pump must
include a variable speed drive and be distributed in commerce
either: (1) with a user interface that changes the speed in response
to pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times; or (2) without a
user interface that changes the speed in response to pre-programmed
user preferences and allows the user to select the duration of each
speed and/or the on/off times, but is unable to operate without the
presence of a user interface.
Table III.2--Variable-Speed DPPP and DPPP Motor Definitions
------------------------------------------------------------------------
Variable-speed DPPP motor definition in Variable-speed DPPP definition
UL 1004-10:2020 at 10 CFR 431.462
------------------------------------------------------------------------
Specifies the capability of operating Specifies the capability of
at ``four or more discrete user- or operating at ``a variety of
pre-determined operating speeds.''. user-determined speeds.''
Does not contain any specifications Requires that all the speeds
regarding the separation of speeds. are separated by at most 100
rpm increments over the
operating range.
Requires that one of the operating Requires that the lowest
speeds is the maximum operating speed operating speed is less than
and at least: (1) One of the operating or equal to one-third of the
speeds is 75% to 85% of the maximum maximum operating speed and
operating speed; (2) One of the greater than zero.
operating speeds is 45% to 55% of the
maximum operating speed; and (3) One
of the operating speeds is less than
or equal to 40% of the maximum
operating speed and greater than zero.
Uses the phrase ``provided'' with Uses the phrase ``distributed
respect to the user interface. in commerce'' with respect to
the user interface.
Requires that the motor without a No such specification regarding
variable speed drive, and with or motor without variable speed
without a user interface, must be drive.
unable to operate without the presence
of a variable speed drive.
Requires that any high-speed override No such specification regarding
capability shall be for a temporary high-speed override
period not to exceed one 24-hour cycle capability.
without resetting to default settings
or resuming normal operating according
to pre-programmed user preferences.
[[Page 74034]]
Includes the following requirements No such requirements regarding
regarding the daily run time schedule: daily run time schedule.
(1) Any factory default setting for
daily run time shall not include more
hours at an operating speed above 55%
of maximum operating speed than the
hours at or below 55% of maximum
operating speed; (2) If a motor is not
provided with a factory default
setting for daily run time schedule,
the default operating speed after any
priming cycle as defined in 10 CFR,
Part 431, Subpart Y, (if applicable)
shall be no greater than 55% of the
maximum operating speed.
------------------------------------------------------------------------
To align the variable-speed dedicated-purpose pool pump definition
at 10 CFR 431.62 with the variable-speed dedicated-purpose pool pump
motor definition in UL 1004-10:2020, DOE is proposing to amend the
definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.62 as follows: (1) require the pump to be capable of operating at 4
or more speeds instead of ``a variety of'' speeds; (2) remove the
specification that the speeds be no more than 100 RPM increments apart;
(3) replace the specification that the lowest speed be one-third of the
maximum operating speed with the speed requirements specified in the UL
1004-10:2020 definition; (4) maintain the phrase ``distributed in
commerce'' rather than ``provided'', for the reasons previously
described; (5) specify that with or without a user interface, the pump
cannot operate without the variable speed drive; (6) add specifications
regarding high-speed override capability consistent with the
specifications provided in the UL 1004-10:2020 definition; and (7) add
specifications regarding daily run time schedule consistent with the
specifications provided in the UL 1004-10:2020 definition.
These amendments to the definition of variable-speed dedicate-
purpose pool pump could change whether a DPPP is classified as being
multi-speed or variable speed. However, because the DPPP test procedure
for multi-speed and variable-speed dedicated-purpose pool pumps is the
same, DOE has tentatively determined this would not result in any
changes to measured values. In summary, DOE is proposing to amend the
definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.62 to align with the definition of variable-speed dedicated-purpose
pool pump motor in UL 1004-10. This amendment would ensure that both
the motor and the pump itself are categorized as variable-speed based
on the same set of criteria.
DOE requests comments on whether any DPPPs currently on the market
that meet the existing definition of variable-speed dedicated-purpose
pool pump but that would not meet the proposed amended definition. DOE
requests comment on whether the proposed amendments would change how
any specific DPPP models are currently tested, and if so, how. In
particular, DOE also requests comment on the necessity of including
specifications related to high-speed override capability and daily run
time schedule in the variable-speed dedicated-purpose pool pump
definition.
Additionally, the terms ``designed and marketed'' \40\ and
``dedicated-purpose pool pump motor total horsepower'' \41\ are defined
in both UL 1004-10:2020 and 10 CFR 431.462. The term ``designed and
marketed'' is defined and used in the definition of pressure cleaner
booster pump in 10 CFR 431.462, which is not defined in UL 1004-
10:2020. Hence, DOE has tentatively determined that there is no
conflict that requires amendment of the definition for designed and
marketed. The definition of dedicated-purpose pool pump motor total
horsepower in UL 1004-10:2020 specifies that total horsepower be
``calculated in accordance with the method provided in Section E.3.4 of
appendix C of 10 CFR part 431, subpart Y, Pumps.'' This instruction is
consistent with the requirements of the current DOE test procedure.\42\
Therefore, to provide further consistency between UL 1004-10:2020 and
DOE's test procedure, DOE proposes to specify in the definition of
dedicated-purpose pool pump motor total horsepower in 10 CFR 431.462
that total horsepower is calculated in accordance with the method
provided in section E.3.4 of DOE's DPPP test procedure.
---------------------------------------------------------------------------
\40\ ``Designed and marketed'' means that the equipment is
designed to fulfill the indicated application and, when distributed
in commerce, is designated and marketed for that application, with
the designation on the packaging and any publicly available
documents (e.g., product literature, catalogs, and packaging
labels). 10 CFR 431.462.
\41\ Dedicated-purpose pool pump motor total horsepower means
the product of the dedicated-purpose pool pump nominal motor
horsepower and the dedicated-purpose pool pump service factor of a
motor used on a dedicated-purpose pool pump based on the maximum
continuous duty motor power output rating allowable for the motor's
nameplate ambient rating and insulation class. (Dedicated-purpose
pool pump motor total horsepower is also referred to in the industry
as service factor horsepower or motor capacity.) 10 CFR 431.462.
\42\ Section E.3.4 of appendix C specifies determining the
dedicated-purpose pool pump motor total horsepower according to
section E.3.4.1 of appendix C for dedicated-purpose pool pumps with
single-phase AC motors or DC motors and section E.3.4.2 of appendix
C for dedicated-purpose pool pumps with polyphase AC motors.
---------------------------------------------------------------------------
UL 1004-10:2020 also defines the terms ``drive'' \43\ and ``maximum
operating speed''.\44\ In 10 CFR 431.462, the term ``drive'' is used as
part of the term ``variable speed drive,'' but is not defined
separately. Similarly, the term ``maximum operating speed'' is used
within the definitions of two-speed dedicated-purpose pool pump,
variable-speed dedicated-purpose pool pump, and multi-speed dedicated-
purpose pool pump in 10 CFR 431.462, but is not separately defined. To
improve the comprehensiveness of the definitions in 10 CFR 431.462 and
to further align with UL 1004-10:2020, DOE is proposing to add
definitions for the terms ``drive'' and ``maximum operating speed''
consistent with how these terms are defined in UL 1004-10:2020.
---------------------------------------------------------------------------
\43\ Drive is defined in UL 1004-10:2020 as a power converter,
such as a variable-speed drive or phase-converter.
\44\ Maximum operating speed is defined in UL 1004-10:2020 as
the rated full-load speed of a motor powered by a 60 Hz alternating
current (AC) source.
---------------------------------------------------------------------------
UL 1004-10:2020 also defines the following terms that are not
defined at 10 CFR 431.462: ``capacitor-start,'' ``induction-run,''
``designed and/or marketed,'' ``factory default setting,'' and ``split
phase.'' These terms are not used in the DPPP test procedure.
Therefore, DOE has tentatively determined that there is no need to
include them at 10 CFR 431.462 for DPPPs.
DOE requests comment on its proposed amendments to definitions in
10 CFR 431.462 for rigid electric spa pumps, multi-speed dedicated-
purpose pool pump, variable-speed dedicated-
[[Page 74035]]
purpose pool pump, and dedicated-purpose pool pump motor total
horsepower. DOE requests comment on its proposal to add definitions in
10 CFR 431.462 for drive and maximum operating speed. DOE requests
comment whether the proposed amendments would change how DPPP models
are currently tested, and if so, how.
2. Integral Filters
DOE defines two types of DPPPs, integral cartridge-filter pool pump
\45\ and integral sand-filter pool pump,\46\ as pool pumps for which
the filter cannot be bypassed. 10 CFR 431.462. These two definitions
depend on the defined term ``integral'' \47\ and also on the currently
undefined term ``bypassed.'' The definitions of these pump varieties do
not explicitly provide whether removing the filtration media
constitutes bypassing the filter. In the January 2022 TP RFI, DOE
requested comment on whether it should define the term ``bypass'' and
whether it should provide additional detail for the definition of the
term ``integral.'' 87 FR 3457, 3459.
---------------------------------------------------------------------------
\45\ Integral cartridge-filter pool pump means a pump that
requires a removable cartridge filter, installed on the suction side
of the pump, for operation; and the cartridge filter cannot be
bypassed.
\46\ Integral sand-filter pool pump means a pump distributed in
commerce with a sand filter that cannot be bypassed.
\47\ Integral means a part of the device that cannot be removed
without compromising the device's function or destroying the
physical integrity of the unit. 10 CFR 431.462.
---------------------------------------------------------------------------
The PHTA commented that the term ``integral'' was specified for
pumps in which the filtration apparatus cannot be bypassed so that only
the motor efficiency can be isolated for testing. (PHTA, No. 6, p. 13)
The PHTA added that based on industry experience, use of the term
``bypass'' in the definition of integral is easy to understand and labs
do not have an issue in determining whether a motor can be bypassed
from the filtration medium for testing. (PHTA, No. 6, p. 13)
Considering this comment from PHTA, DOE has tentatively determined
that the definitions of integral, integral cartridge-filter pool pump,
and integral sand-filter pool pump are sufficient in identifying
whether a pool pump constitutes an integral cartridge-filter pool pump
or integral sand-filter pool pump, and that defining the term
``bypassed'' or any other associated terminology is not necessary.
DOE requests comments on its tentative determination that
amendments to the definitions of integral, integral cartridge-filter
pool pump, and integral sand-filter pool pump are not necessary, and
that a new definition for the term ``bypassed'' is not necessary.
3. Pool Pump Timers
The energy conservation standards for integral cartridge-filter
pool pumps and integral sand-filter pool pumps at 10 CFR 431.465
require that each pump that is manufactured starting on July 19, 2021
must be distributed in commerce with a pool pump timer that is either
integral to the pump or a separate component shipped with the pump. 10
CFR 431.465(g). The term ``pool pump timer'' is defined as a pool pump
control that automatically turns off a DPPP after a run-time of no
longer than 10 hours. 10 CFR 431.462.
In the January 2022 TP RFI, DOE requested comment on whether it
should provide additional detail in the definitions of pool pump timers
and integral filter housings regarding the requirements of the pool
pump timer. 87 FR 3457, 3459. The PHTA commented that the definition of
``pool pump timer'' could be further clarified to specify that it only
applies to integral cartridge filter pumps and integral sand filter
pumps. (PHTA, No. 6, p. 12)
The term ``pool pump timer,'' aside from being defined in 10 CFR
431.462, is referenced by DOE only at 10 CFR 431.465(g). As described,
the design requirements specified at 10 CFR 431.465(g) pertain only to
integral cartridge filter pool pumps and integral sand filter pool
pumps. Although the term is only used by DOE in reference to integral
cartridge filter pool pumps and integral sand filter pool pumps, DOE
has tentatively concluded that it is not necessary to limit the
definition of pool pump timer to only these two types of DPPPs.
Therefore, DOE has tentatively determined that further clarification of
the definition of pool pump timer is not needed
D. Test Method for Pressure Cleaner Booster Pumps
The current DOE test procedure requires testing pressure cleaner
booster pumps at one load point specified for a flow of 10.0 gpm, a
head of greater than or equal to 60 feet, and the lowest speed capable
of meeting the specified flow and head values. (See Table 1 of appendix
C.)
The CA IOUs commented in response to the January 2022 TP RFI that
DOE should specify a low-flow and high-flow operating test point for
the pressure cleaner booster pumps to account for installations where
the pump is easily able to overcome the head pressure to support the
pressure cleaner. The CA IOUs commented that this method would enable
DOE to consider more representative field operation of these products
when estimating national impact savings. The CA IOUs further commented
that a study it previously presented to DOE \48\ had reported that
pressure cleaner booster pumps require 8 or less gpm between 32 to 51
feet of head, meaning DOE's test point at 60 feet of head would be
higher than needed for some installations. The CA IOUs stated that
pressure cleaners use a relief/bypass valve to reduce the cleaner wheel
operating speed to the desired conditions (i.e., 30 RPM) and,
therefore, the additional energy to the unit is not providing consumer
amenity. The CA IOUs also provided an example of an instrumented pool
that has a measured total system head of 13 feet at a filtration flow
rate of 31.7 gpm and noted that the DOE test procedure assumes pressure
cleaner booster pump head requirements will not be below 60 feet. (CA
IOUs, No. 10, p. 4-5)
---------------------------------------------------------------------------
\48\ www.regulations.gov/document/EERE-2015-BT-STD-0008-0061.
---------------------------------------------------------------------------
DOE notes that the DPPP Working Group when providing their 2015
recommendations for the DPPPs test procedure had recommended a single,
fixed load point of 90 feet of head at maximum speed for pressure
cleaner booster pumps because any given pressure-side pool cleaner
application is typically a single, fixed load point. (Docket No. EERE-
2015-BT-STD-0008, No. 51, Recommendations #6); 81 FR 64580, 64611. This
test point was proposed as sufficiently representative of typical
cleaner booster pump operation and achievable by the models available
at that time, but the DPPP Working Group noted field conditions were
variable and operating conditions would depend on application of the
pump. 81 FR 64580, 64611. In discussions with the DPPP Working Group,
the CA IOUs had also presented data supporting the potential for
variable-speed pressure cleaner booster pumps to reduce speed and
provide the requisite flow rate and cleaner operating speed at lower
head values. (Docket No. EERE-2015-BT-STD-0008, CA IOUs, No. 69); 81 FR
64580, 64611-64612. To better capture the potential for variable
performance of pressure cleaner booster pumps, including variable speed
pressure cleaner booster pumps, the DPPP Working Group revised its
original recommendation for testing at a fixed head of 90 feet, instead
suggesting in their June 2016 recommendations testing at a single load
point of 10 gpm at the minimum speed that results in a head value at or
above 60 feet, which was identified as the minimum optimum pool design.
(Docket No.
[[Page 74036]]
2015-BT-STD-0008, No. 82, Recommendation #8 at p. 4-5) DOE agreed with
this recommendation but proposed in the 2016 TP NOPR to more precisely
specify the load point as a flow rate of 10.0 gpm and a head value at
or above 60.0 feet. 81 FR 64580, 64612. In the August 2017 TP Final
Rule, DOE stated that the DPPP Working Group had noted that the
suction-side pressure cleaner apparatus typically recommends a specific
flow rate that allows the equipment to operate correctly and had
accordingly selected 10 gpm. 82 FR 36858, 36885-36886. Further, once
that flow and head value are achieved, the pressure cleaner booster
pumps will operate at only that one load point. Id.
The CA IOUs have not presented significant information that was not
considered by the DPPP Working Group, other than a measurement from a
single instrumented pool, that indicates that some pools may have a
head below 60 feet. The current test point of 10 gpm at 60 feet or
above was selected after considering the CA IOUs' study, which measured
variable speed pump operation at 54 feet of head in a pool which was
noted to have the optimum 1.5 inch piping and minimum hose length.\49\
In discussing that study, the CA IOUs also reported that the curves for
the pressure cleaners (of which there were only three) showed a
requirement of 8 or less gpm between 32 to 51 feet of head but ignore
the pipe in between.\50\ DOE has not identified or been provided with
any new technical justification for allowing testing of pressure
cleaner booster pumps below 60 feet of head, or for determining that 10
gpm is not a reasonable minimum flow rate. The current test method
allows for potential variable-speed pressure cleaner booster pumps to
operate at lower speed and lower head value than a single speed pump
while still providing the necessary 10 gpm. Therefore, DOE has
tentatively determined not to amend the test method for pressure
cleaner booster pumps. DOE also notes that it is typical for an energy
use analysis to account for a variety of installations other than that
which the test procedure identifies as representative; as such, the DOE
test procedure both allows differentiation in WEF for variable speed
pressure cleaner booster pumps and does not limit any potential related
energy conservation standards analysis.
---------------------------------------------------------------------------
\49\ Docket No. EERE-2015-BT-STD-0008, No. 100, p. 187-188.
\50\ Id.
---------------------------------------------------------------------------
DOE requests comments on its tentative determination not to amend
the test method for pressure cleaner booster pumps, and specifically
any additional field data indicating appropriate head and flow values
for testing these pumps.
E. Removing Appendix B
As discussed, DOE's energy conservation standards are based on the
WEF metric. However, as discussed in the 2017 rulemaking, the DPPP
Working Group noted the importance of the energy factor (``EF'') metric
in making product selections for specific applications or making energy
saving calculations in support of utility programs. 82 FR 36858, 36895.
To prevent confusion by allowing EF as an optional alternative metric,
DOE established both appendix B, which specified test procedures for
determining both EF and WEF, and appendix C which specified test
procedures only for determining WEF. DOE required manufacturers to make
representations with respect to energy use or efficiency of DPPPs based
on appendix B between February 5, 2018 and July 19, 2021. DOE also
specified that any optional representations of EF must be accompanied
by a representation of WEF. 82 FR 36858, 36896. DOE then required that
any representations made on or after July 19, 2021 with respect to the
energy use or efficiency of dedicated-purpose pool pumps subject to
testing pursuant to 10 CFR 431.464(b) be made in accordance with the
results of testing pursuant to appendix C, which specifies test
procedures only for the WEF metric. Id.
As a result of the time limit applicable to appendix B,
representations of EF are no longer relevant to DPPPs. Therefore, DOE
proposes to remove appendix B as obsolete and to rename the current
appendix C as appendix B. As such, updates proposed in this NOPR that
apply to the current appendix C would be implemented as new appendix B.
F. Reporting
Manufacturers, including importers, must use product-specific
certification templates to certify compliance to DOE. For DPPPs, the
certification template reflects the general certification requirements
specified at 10 CFR 429.12 and the product-specific requirements
specified at 10 CFR 429.59. DOE is not proposing to amend the product-
specific certification requirements for these products.
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
DPPPs by (1) codifying DOE's current enforcement policy pertaining to
DPPPs that cannot be appropriately tested by the DOE test procedure;
(2) updating references to industry test standards to reflect current
industry practices; (3) aligning DOE's DPPP definitions with DOE's
corresponding DPPP motor definitions; and (4) removing the current test
procedure at appendix B, which is obsolete. DOE has tentatively
determined that these proposed amendments would not impact testing
costs.
DOE is proposing to update the currently referenced 2014 version of
HI 40.6-2014 to the 2021 version and the currently referenced 2015
version of NSF/ANSI 50 to the 2020 version. As discussed in section
III.B of this NOPR, DOE has determined that updates to the latest
versions of these industry standards will not change measured values.
DOE is proposing to remove the current appendix B, which provides
instruction on calculating EF, a metric that is not required by DOE
standards or certification (see section I.A of this NOPR). Hence, this
change will not have any impact on measured values of WEF, the
currently required metric.
Finally, DOE is proposing to align the DOE's DPPP definitions with
DOE's DPPP motor definition (see section III.C.1 of this NOPR). As
discussed, DOE has tentatively concluded that these proposed amendments
to definitions will not impact how manufacturers are currently testing
DPPPs.
In summary, DOE has tentatively determined that the proposed
amendments would not impact the representations of DPPPs energy
efficiency or energy use. DOE has tentatively determined that
manufacturers would be able to rely on data generated under the current
test procedure, should the proposed amendments be finalized. As such,
DOE does not expect retesting of DPPPs would be required solely as a
result of DOE's adoption of the proposed amendments to the test
procedure.
DOE requests comment on the impact and associated costs of the
proposed amendments in this NOPR.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology
[[Page 74037]]
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. 10 CFR 431.4; Section 8(c) of
appendix A of 10 CFR part 430 subpart C. 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 test procedures for DPPPs at 10 CFR 431.464(b) and appendix C
to subpart Y of part 431 incorporates by reference HI 40.6-2014, which
specifies the test conditions and methods for testing the efficiency of
pumps, and NSF/ANSI 50-2015, which specifies how to determine the self-
priming capability of a pump--information needed to ensure the
appropriate test procedure is used for DPPP self-priming and non-self-
priming pumps. DOE is proposing to update HI 40.6-2014 to its latest
2021 version and NSF/ANSI 50-2015 to its latest 2020 NSF/ANSI/CAN 50
version. The industry standards DOE proposes to incorporate by
reference via amendments described in this proposed rule are discussed
in further detail in section IV.M.
DOE requests comments on the benefits and burdens of the proposed
updates and additions to industry standards referenced in the test
procedure for DPPPs.
H. Compliance Date
EPCA prescribes that if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6314(d)(1)) If DOE were to publish an amended test
procedure, 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 proposed 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 proposed 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 an initial regulatory flexibility analysis (``IRFA'')
for any 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 notes that the Regulatory Flexibility Act requires analysis of,
in particular, ``small entities'' that might be affected by the rule.
For the DPPP manufacturing industry, the Small Business Administration
(``SBA'') has set a size threshold, which defines those entities
classified as ``small businesses'' for the purpose of the statute. DOE
used the SBA's size standards to determine whether any small entities
would be required to comply with the rule. The size standards are
codified at 13 CFR part 121. The standards are listed by North American
Industry Classification System (``NAICS'') code and industry
description and are available at www.sba.gov/document/support-table-size-standards.
DPPP manufacturers are classified under NAICS 333914, ``Measuring,
Dispensing, and Other Pumping Equipment Manufacturing.'' The SBA sets a
threshold of 750 employees or less for an entity to be considered as a
small business for this category. To determine the number of DPPP
manufacturers that are small businesses and might be differentially
affected by the rule, DOE reviewed these data to determine whether the
entities met the SBA's definition of a small business manufacturer of
DPPPs and then screened out companies that do not offer equipment
covered by this rulemaking, do not meet the definition of a ``small
business,'' are foreign-owned and operated, or are owned by another
company.
DOE conducted a focused inquiry into small business manufacturers
of the DPPPs covered by this rulemaking. DOE used available public
information to identify potential small manufacturers.
[[Page 74038]]
DOE accessed the Compliance Certification Database,\51\ California
Energy Commission's certification database,\52\ and ENERGY STAR's
product database \53\ to create a list of companies that import or
otherwise manufacture the DPPPs covered by this proposal. DOE
identified a total of 32 companies that manufacturer or sell DPPPs
covered by this proposal in the United States. Of these companies, 15
are original equipment manufacturers (``OEMs'') that manufacturer these
covered products; the other 17 companies are re-branders or private
labelers that are not OEMs and out-source the production of the DPPPs
they sell to other manufacturers. Of the 15 OEMs, 3 meet SBA's
definition of a small business.
---------------------------------------------------------------------------
\51\ U.S. Department of Energy Compliance Certification
Database, available at: www.regulations.doe.gov/certification-data.
\52\ California Energy Commission's Modernized Appliance
Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx.
\53\ ENERGY STAR's product database, available at:
www.energystar.gov/products/pool_pumps.
---------------------------------------------------------------------------
As discussed in section III.G.1 of this NOPR, DOE tentatively
determined that the proposed amendments would not impact
representations of DPPP energy efficiency or energy use and that DPPP
manufacturers would be able to rely on data generated under the current
test procedure, should the proposed amendments be finalized. Based on
this initial determination, DOE tentatively determines that no DPPP
manufacturers, including those that meet SBA's definition of a small
business, would incur any additional costs due solely to this proposed
test procedure, if finalized. Therefore, DOE initially concludes that
the impacts of the proposed test procedure amendments proposed in this
NOPR would not have a ``significant economic impact on a substantial
number of small entities,'' and that the preparation of an IRFA is not
warranted. DOE will transmit the certification and supporting statement
of factual basis to the Chief Counsel for Advocacy of the Small
Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of DPPPs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including DPPPs. (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.
DOE is not proposing to amend the certification or reporting
requirements for DPPP in this NOPR.
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 NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for DPPPs. 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 (Aug. 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 has examined this proposed rule and has
determined that it would not have a substantial, direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
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,
the proposed rule meets the relevant standards of Executive Order
12988.
[[Page 74039]]
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 proposed regulatory action likely to result 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 energy.gov/gc/office-general-counsel. DOE examined this proposed
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 proposed rule would 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 proposed regulation
would 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 proposed 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 proposed 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 proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of DPPPs 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 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 proposed modifications to the test procedure for DPPPs would
incorporate testing methods contained in certain sections of the
following commercial standards: (1) HI 40.6-2021, ``Hydraulic Institute
Standard for Methods for Rotodynamic Pump Efficiency Testing'' and (2)
NSF/ANSI/CAN 50--2020, ``Equipment and Chemicals for Swimming Pools,
Spas, Hot Tubs, and Other Recreational Water Facilities.''
DOE has evaluated these standards and is unable to conclude whether
they fully comply 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 will consult with both
the Attorney General and the Chairman of the FTC concerning the impact
of these test procedures on competition prior to prescribing a final
rule.
M. Description of Materials Incorporated by Reference
HI 40.6-2021 is an industry-accepted test standard that provides
test conditions and methods for measuring the efficiency of pumps. The
test procedure proposed in this NOPR references various sections of HI
40.6-2021 that address test conditions and methods. This test standard
is reasonably available from the Hydraulic Institute (www.pumps.org).
NSF/ANSI/CAN 50-2020 is an industry-accepted test standard that
provides test methods for determining self-priming capabilities of
pumps. The
[[Page 74040]]
test procedure proposed in this NOPR references various sections of HI
40.6-2021 that address test conditions and methods. This test standard
is reasonably available from the NSF Bookstore (www.techstreet.com/nsf), ANSI (www.ansi.org) or the Standards Council of Canada
(www.scc.ca/en/welcome-standards-store).
CSA C747-2019 is an industry-accepted test standard that provides
test methods for measuring the efficiency of small motors. The test
procedure proposed in this NOPR references various sections of CSA
C747-2019 that address test conditions and methods. This test standard
is reasonably available from ANSI (www.ansi.org) or CSA Group
(www.csagroup.org).
The following standards were previously approved for incorporation
by reference in the locations where they appear in the regulatory text:
IEEE 114-2010, and IEEE 113-1985. The following standard was previously
approved for incorporation by reference in a location which is being
redesignated: HI 41.5-2022.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=67. Participants are responsible for ensuring
their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rule, or who is representative of a group or class of persons
that has an interest in these issues, may request an opportunity to
make an oral presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this proposed rulemaking and the topics
they wish to discuss. Such persons should also provide a daytime
telephone number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. anti-trust laws. After the webinar
and until the end of the comment period, interested parties may submit
further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in this
proposed rulemaking, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this proposed rulemaking. Each participant will be
allowed to make a general statement (within time limits determined by
DOE) before the discussion of specific topics. DOE will allow, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this rulemaking. The
official conducting the webinar/public meeting will accept additional
comments or questions from those attending, as time permits. The
presiding official will announce any further procedural rules or
modification of the above procedures that may be needed for the proper
conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this proposed rule. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule.\54\ Interested parties may submit comments, data, and other
information using any of the methods described in the ADDRESSES section
at the beginning of this document.
---------------------------------------------------------------------------
\54\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. Consequently, DOE now provides a
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be
[[Page 74041]]
included in your comment, nor in any document attached to your comment.
Otherwise, persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
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Do not submit to www.regulations.gov information for which
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Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
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weeks. Please keep the comment tracking number that www.regulations.gov
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Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
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signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests data that would allow it to
develop such a test procedure if it was determined to be warranted,
including distribution of commercial pool sizes and piping,
distribution of head and flow requirements across applications in
consideration of current health and safety codes, and distribution of
single speed and variable speed installations.
(2) DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs currently subject to the
DPPP Enforcement Policy. DOE also requests data related to the
applications these DPPPs serve including pool size, piping size, and
minimum head and flow requirements. DOE also requests any data and
information related to development of a curve E, as well data
indicating how such a curve was determined (or could be determined) to
be representative of this set of pumps. DOE further requests comment on
its proposal to amend the Scope section of the test procedure to
explicitly exclude such pumps from the scope of the test procedure.
(3) DOE requests comments on the proposal to incorporate by
reference HI 40.6-2021, NSF/ANSI/CAN 50-2020, and CSA C747-2019 for
appendix C.
(4) DOE requests comment on its proposed revision to the definition
of rigid electric spa pump, particularly with regard to whether the
language regarding C-flange or square flange mounting would change the
scope of pumps captured by the definition.
(5) DOE requests comments on whether any DPPPs currently on the
market that meet the existing definition of variable-speed dedicated-
purpose pool pump but that would not meet the proposed amended
definition. DOE requests comment on whether the proposed amendments
would change how any specific DPPP models are currently tested, and if
so, how. In particular, DOE also requests comment on the necessity of
including specifications related to high-speed override capability and
daily run time schedule in the variable-speed dedicated-purpose pool
pump definition.
(6) DOE requests comment on its proposed amendments to definitions
in 10 CFR 431.462 for rigid electric spa pumps, multi-speed dedicated-
purpose pool pump, variable-speed dedicated-purpose pool pump, and
dedicated-purpose pool pump motor total horsepower. DOE requests
comment on its proposal to add definitions in 10 CFR 431.462 for drive
and maximum operating speed. DOE requests comment whether the proposed
amendments would change how DPPP models are currently tested, and if
so, how.
(7) DOE requests comments on its tentative determination that
amendments to the definitions of integral, integral cartridge-filter
pool pump, and integral sand-filter pool pump are not necessary, and
that a new definition for the term ``bypassed'' is not necessary.
(8) DOE requests comments on its tentative determination not to
amend the test method for pressure cleaner booster pumps, and
specifically any additional field data indicating appropriate head and
flow values for testing these pumps.
(9) DOE requests comment on the impact and associated costs of the
proposed amendments in this NOPR.
(10) DOE requests comments on the benefits and burdens of the
proposed updates and additions to industry
[[Page 74042]]
standards referenced in the test procedure for DPPPs.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this rulemaking that may not specifically be identified in
this document.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Incorporation
by reference, Reporting and recordkeeping requirements.
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 October 28,
2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 2, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
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. Amend Sec. 429.4 by revising paragraph (d)(1) to read as follows:
Sec. 429.4 Materials incorporated by reference.
* * * * *
(d) * * *
(1) HI 40.6-2021, Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR
approved for Sec. 429.134.
* * * * *
0
3. Amend Sec. 429.134 by:
0
a. Removing in paragraph (i)(2)(iv)(A)(1), the text ``HI 40.6-2014-B'',
wherever it appears, and adding, in its place, the text, ``HI 40.6-
2021'';
0
b. Removing in paragraph (i)(2)(iv)(A)(2), the text ``HI 40.6-2014-B'',
wherever it appears, and adding, in its place, the text, ``HI 40.6-
2021''; and
0
c. Adding paragraph (i)(2)(v).
The addition reads as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(i) * * *
(2) * * *
(v) To verify the flow rate of a DPPP model at 50 feet of head, the
flow rate in gallons per minute (gpm) at 50 feet of head will be
determined pursuant to Section 40.6.5.5.1, ``Test procedure'' and
Section 40.6.6.3, ``Performance curve'' of HI 40.6-2021 (incorporated
by reference, see Sec. 429.4). In cases where the flow rate of 50 feet
of head cannot be directly determined due to the entirety of the
performance curve (out to the model's maximum flow rate of greater than
or equal to 200 gpm) exceeding 50 feet of head, DOE will determine that
the DPPP model has a flow rate of greater than or equal to 200 gpm at
50 feet of head. DOE will use the mean of the determined flow rate at
50 feet of head (either the determined flow rate for a single unit
sample or the average of the determined flow rates for a multiple unit
sample) to determine the applicable standard level, if any, for
purposes of compliance.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
4. 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
5. Amend Sec. 431.462 by:
0
a. Revising the definition for ``Dedicated-purpose pool pump motor
total horsepower'';
0
b. Adding in alphabetical order the definition for ``Drive,'' and
``Maximum operating speed''; and
0
c. Revising the definitions for ``Multi-speed dedicated-purpose pool
pump,'' ``Rigid electric spa pump,'' and ``Variable-speed dedicated-
purpose pool pump.''
The revisions and additions read as follows:
Sec. 431.462 Definitions.
* * * * *
Dedicated-purpose pool pump motor total horsepower means the
product of the dedicated-purpose pool pump nominal motor horsepower and
the dedicated-purpose pool pump service factor of a motor used on a
dedicated-purpose pool pump based on the maximum continuous duty motor
power output rating allowable for the motor's nameplate ambient rating
and insulation class and calculated in accordance with the method
provided in section E.3.4 of appendix B to subpart Y of this part.
(Dedicated-purpose pool pump motor total horsepower is also referred to
in the industry as service factor horsepower or motor capacity.)
* * * * *
Drive is a power converter, such as a variable-speed drive or
phase-converter.
* * * * *
Maximum operating speed is the rated full-load speed of a motor
powered by a 60 Hz alternating current (AC) source.
* * * * *
Multi-speed dedicated-purpose pool pump means a dedicated-purpose
pool pump that is not a variable-speed dedicated-purpose pool pump as
defined in this section and that is capable of operating at more than
two discrete, pre-determined operating speeds separated by speed
increments greater than 100 rpm, where the lowest speed is less than or
equal to half of the maximum operating speed and greater than zero, and
must be distributed in commerce either:
(1) With an on-board pool pump control (i.e., variable speed drive
and user interface or programmable switch) that changes the speed in
response to
[[Page 74043]]
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times; or
(2) Without an onboard pool pump control (i.e., variable speed
drive and user interface or programmable switch) that changes the speed
in response to pre-programmed user preferences and allows the user to
select the duration of each speed and/or the on/off times, but is
unable to operate without the presence of such pool pump control.
* * * * *
Rigid electric spa pump means an end suction pump that has a motor
that does not have a C-flange or square flange mounting, and that is
labeled, and designed and marketed for use only in rigid electric spas
and does not contain an integrated basket strainer or require a basket
strainer for operation as stated in manufacturer literature provided
with the pump, and that meets the following three criteria:
(1) Is assembled with four through bolts that hold the motor rear
endplate, rear bearing, rotor, front bearing, front endplate, and the
bare pump together as an integral unit;
(2) Is constructed with buttress threads at the inlet and discharge
of the bare pump; and
(3) Uses a casing or volute and connections constructed of a non-
metallic material.
* * * * *
Variable-speed dedicated-purpose pool pump means a dedicated-
purpose pool pump that:
(1) Is capable of operating at four or more discrete user- or pre-
determined operating speeds, where one of the operating speeds is the
maximum operating speed and at least:
(a) One of the operating speeds is 75% to 85% of the maximum
operating speed;
(b) One of the operating speeds is 45% to 55% of the maximum
operating speed; and
(c) One of the operating speeds is less than or equal to 40% of the
maximum operating speed and greater than zero.
(2) Includes a variable speed drive and is distributed in commerce
either:
(a) With a user interface that changes the speed in response to
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times;
(b) Without a user interface that changes the speed in response to
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times, but is unable to
operate without the presence of a user interface; or
(3) With or without user interface, provided that the motor is
unable to operate without the presence of a variable speed drive, and
(3) Also meets the following requirements:
(a) Any high-speed override capability shall be for a temporary
period not to exceed one 24-hour cycle without resetting to default
settings or resuming normal operation according to pre-programmed user
preferences; and
(b) Daily run time schedule:
(i) Any factory default setting for daily run time schedule shall
not include more hours at an operating speed above 55% of maximum
operating speed than the hours at or below 55% of the maximum operating
speed;
(ii) If a motor is not provided with a factory default setting for
daily run time schedule, the default operating speed after any priming
cycle (if applicable) shall be no greater than 55% of the maximum
operating speed.
* * * * *
0
6. Amend Sec. 431.463 by:
0
a. Revising paragraph (b)(1);
0
b. Removing paragraph (d)(4);
0
c. Redesignating paragraphs (d)(5) and (6) as (d)(4) and (5),
respectively;
0
d. Revising newly redesignated paragraph (d)(4);
0
e. In newly redesignated paragraph (d)(5), removing the text ``appendix
D'' and adding in its place the text ``appendix C''; and
0
f. Revising paragraph (g)(1).
The revisions read as follows:
Sec. 431.463 Materials incorporated by reference.
* * * * *
(b) * * *
(1) CSA C747-2009 (Reaffirmed 2019), (``CSA C747-09 (R2019)''),
``Energy efficiency test methods for small motors,'' CSA reaffirmed
2019, IBR approved for appendix B to this subpart.
* * * * *
(d) * * *
(4) HI 40.6-2021, Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR
approved for 431.464 and appendices B and C to this subpart.
* * * * *
(g) * * *
(1) NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,'' ANSI-
approved October 21, 2020; IBR approved for Sec. 431.462 and appendix
B to this subpart.
* * * * *
Sec. 431.462 [Amended]
0
7. In Sec. 431.462, amend the definitions for ``Non-self-priming pool
filter pump'' and ``Self-priming pool filter pump'' by removing the
text ``NSF/ANSI 50-2015'' and adding, in its place, the text ``NSF/
ANSI/CAN 50-2020''.
0
8. Amend Sec. 431.464 by revising paragraphs (b)(1)(iii), (b)(2), and
(c)(2) to read as follows:
Sec. 431.464 Test procedure for the measurement of energy efficiency,
energy consumption, and other performance factors of pumps.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(A) Submersible pumps;
(B) Self-priming and non-self-priming pool filter pumps with
hydraulic output power greater than or equal to 2.5 horsepower; and
(C) Dedicated purpose pools pumps that meet all of the following
three criteria:
(1) The orifice on the pump body that accepts suction side plumbing
connections has an inner diameter of greater than 2.85 inches;
(2) The pump has a measured performance of >=200 gallons per minute
(gpm) at 50 feet of head as determined in accordance with section
40.6.5.5.1, ``Test procedure'' and section 40.6.6.3, ``Performance
curve'' of HI 40.6-2021 (incorporated by reference, see Sec. 431.463);
and
(3) The pump is marketed exclusively for commercial applications.
(2) Testing and calculations. Determine the weighted energy factor
(WEF) using the test procedure set forth in appendix B of this subpart.
(c) * * *
(2) Testing and calculations. Determine the circulator energy index
(CEI) using the test procedure set forth in appendix C of this subpart
Y.
Appendix B to Subpart Y of Part 431 [Removed]
0
9. Appendix B to subpart Y of part 431 is removed.
Appendix C to Subpart Y of Part 431 [Redesignated as Appendix B]
0
10. Appendix C to Subpart Y of Part 431 is redesignated as ``Appendix B
to Subpart Y of Part 431'' and revised to read as follows:
Appendix B to Subpart Y of Part 431--Uniform Test Method for the
Measurement of Energy Efficiency of Dedicated-Purpose Pool Pumps
Note: Beginning [Date 180 days after date of publication in the
Federal Register], any representations made with respect to the
energy use or efficiency of dedicated-purpose pool pumps subject to
testing pursuant to 10 CFR 431.464(b)(2) must be made in
[[Page 74044]]
accordance with the results of testing pursuant to this appendix.
1.0 Incorporation by Reference
DOE incorporated by reference in Sec. 431.463, the entire
standard for: CSA C747-09 (R2019), HI 40.6-2021, IEEE 114-2010, IEEE
113-1985, and NSF/ANSI/CAN 50-2020; however, only enumerated
provisions of CSA C747-09 (R2019), HI 40.6-2021, IEEE 114-2010, IEEE
113-1985, and NSF/ANSI/CAN 50-2020 are applicable to this appendix,
as follows:
1.1 CSA C747-09 (R2019)
(a) Section 5 ``General test requirements'', and Section 6
``Test Method'' as referenced in sections 6.3.2.1.2 and 6.3.2.2.2 of
this appendix.
(b) [Reserved]
1.2 HI 40.6-2021
(a) Section 40.6.2 ``Terms and definitions, as referenced in
section 2.1 of this appendix.
Section 40.6.3 ``Pump efficiency testing'', as referenced in
sections 4.1, 5.1, and 7.1.4 of this appendix, including.
(i) Table 40.6.3.2.2 ``Permissible amplitude of fluctuation as a
percentage of mean values of quantity being measured at any test
point'' as referenced in sections 5.1 and 7.1.4 of this appendix.
(ii) Table 40.6.3.2.3 ``Maximum permissible measurement device
uncertainty'' as referenced in section 3.1 of this appendix.
(b) Section 40.6.4 ``Considerations when determining the
efficiency of certain pumps'',. as referenced in sections 2.1 and
4.1 of this appendix.
(c) Section 40.6.5.4 ``Test arrangements'' as referenced in
sections 2.1 and 4.1 of this appendix.
(d) Section 40.6.5.5 ``Test conditions'' as referenced in
sections 2.1, 4.1, and 5.2 of this appendix (e) Section 40.6.6.2
``Pump efficiency'' and Section 40.6.6.3 ``Performance curve'' as
referenced in section 2.1 of this appendix.
(f) Appendix A, ``Test arrangements (normative)'' as referenced
in section 4.1 of this appendix.
(g) Appendix C, ``Measurement equipment (normative)'' as
referenced in section 3.1 of this appendix.
(h) Appendix D, ``Suitable time periods for calibration of test
instruments (normative)'', including Table D.1, ``Default instrument
recalibration periods'' as referenced in section 3.2 of this
appendix.
(i) A.3.1.3.1 ``Correction for height difference'' as referenced
in section 7.1.2.1 of this appendix.
1.3 IEEE 114-2010
(a) Section 3.2 ``Test with load'', Section 4 ``Testing
facilities'', Section 5.2 ``Mechanical measurements'', Section 5.3
``Temperature measurements'', and Section 6 ``Tests'' as referenced
in section 6.3.2.1.1 of this appendix.
(b) [Reserved]
1.4 IEEE 113-1985
(a) Section 3.1 ``Instrument Selection Factors'', Section 3.4
``Power Measurement'', Section 3.5 ``Power Sources'', Section 4.1.2
``Ambient Air'', Section 4.1.4 ``Direction of Rotation'', Section
5.4.1 ``Reference Conditions'', and Section 5.4.3.2 ``Dynomometer or
Torquemeter Method'' as referenced in section 6.3.2.2.1 of this
appendix.
(b)
1.5 NSF/ANSI/CAN 50-2020
(a) Section N-3.3, ``Self-priming capability'' as referenced in
sections 7.1, 7.1.1, 7.1.4, and 7.1.5 of this appendix.
(b) [Reserved]
2.0 General
2.1 Test Method. To determine the weighted energy factor (WEF)
for dedicated-purpose pool pumps, perform ``wire-to-water'' testing
in accordance with HI 40.6-2021, except section 40.6.4.1,
``Vertically suspended pumps''; section 40.6.4.2, ``Submersible
pumps''; section 40.6.5.5, ``Test conditions''; section 40.6.5.5.2,
``Speed of rotation during test''; section 40.6.6.2, ``Pump
efficiency''; and section 40.6.6.3, ``Performance curve''; with the
modifications and additions as noted throughout the provisions
below. Do not use the test points specified in section 40.6.5.5.1,
``Test procedure'' of HI 40.6-2021 and instead use those test points
specified in section 5.3 of this appendix for the applicable
dedicated-purpose pool pump variety and speed configuration. When
determining overall efficiency, best efficiency point, or other
applicable pump energy performance information, section 40.6.5.5.1,
``Test procedure''; section 40.6.6.2, ``Pump efficiency''; and
section 40.6.6.3, ``Performance curve'' must be used, as applicable.
For the purposes of applying this appendix, the term ``volume per
unit time,'' as defined in Section 40.6.2, ``Terms and
definitions,'' of HI 40.6-2021 shall be deemed to be synonymous with
the term ``flow rate'' used throughout that standard and this
appendix.
2.2 Calculations and Rounding. All terms and quantities refer to
values determined in accordance with the procedures set forth in
this appendix for the rated pump. Perform all calculations using raw
measured values without rounding. Round WEF, maximum head, vertical
lift, and true priming time values to the tenths place (i.e., 0.1)
and rated hydraulic horsepower to the thousandths place (i.e.,
0.001). Round all other reported values to the hundredths place
unless otherwise specified.
3.0 Measurement Equipment
3.1 For the purposes of measuring flow rate, speed of rotation,
temperature, and pump power output, the equipment specified in HI
40.6-2021 Appendix C necessary to measure head, speed of rotation,
flow rate, and temperature must be used and must comply with the
stated accuracy requirements in HI 40.6-2021 Table 40.6.3.2.3,
except as specified in sections 3.1.1 and 3.1.2 of this appendix.
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.
3.1.1 Electrical measurement equipment for determining the
driver power input to the motor or controls must be capable of
measuring true root mean squared (RMS) current, true RMS voltage,
and real power up to the 40th harmonic of fundamental supply source
frequency, and have a combined accuracy of 2.0 percent
of the measured value at the fundamental supply source frequency.
3.1.2 Instruments for measuring distance (e.g., height above the
reference plane or water level) must be accurate to and have a
resolution of at least 0.1 inch.
3.2 Calibration. Calibration requirements for instrumentation
are specified in Appendix D of HI 40.6-2021. Historical calibration
data may be used to justify time periods up to three times longer
than those specified in Table D.1 of HI 40.6-2021 provided the
supporting historical data shows maintenance of calibration of the
given instrument up to the selected extended calibration interval on
at least two unique occasions, based on the interval specified in HI
40.6-2021.
4.0 Test Conditions and Tolerances
4.1 Pump Specifications. Conduct testing at full impeller
diameter 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 certain pumps''; section 40.6.5.4
(including appendix A of HI 40.6-2021), ``Test arrangements''; and
section 40.6.5.5, ``Test conditions''.
4.2 Power Supply Requirements. The following conditions also
apply to the mains power supplied to the DPPP motor or controls, if
any:
(a) Maintain the voltage within 5 percent of the
rated value of the motor,
(b) Maintain the frequency within 1 percent of the
rated value of the motor,
(c) Maintain the voltage unbalance of the power supply within
3 percent of the value with which the motor was rated,
and
(c) Maintain total harmonic distortion below 12 percent
throughout the test.
4.3 Test Conditions. Testing must be carried out with water that
is between 50 and 107 [deg]F with less than or equal to 15
nephelometric turbidity units (NTU).
4.4 Tolerances. For waterfall pumps, multi-speed self-priming
and non-self-priming pool filter pumps, and variable-speed self-
priming and non-self-priming pool filter pumps all measured load
points must be within 2.5 percent of the specified head
value and comply with any specified flow values or thresholds. For
all other dedicated-purpose pool pumps, all measured load points
must be within the greater of 2.5 percent of the
specified flow rate values or 0.5 gpm and comply with
any specified head values or thresholds.
5.0 Data Collection and Stabilization
5.1 Damping Devices. Use of damping devices, as described in
Section 40.6.3.2.2 of HI 40.6-2021, are only permitted to integrate
up to the data collection interval used during testing.
[[Page 74045]]
5.2 Stabilization. Record data at any tested load point only
under stabilized conditions, as defined in HI 40.6-2021 section
40.6.5.5.1, where a minimum of two measurements are used to
determine stabilization.
5.3 Test Points. Measure the flow rate in gpm, pump total head
in ft, the driver power input in W, and the speed of rotation in rpm
at each load point specified in table 1 of this appendix for each
DPPP variety and speed configuration:
Table 1--Load Points (i) and Weights (wi) for Each DPPP Variety and Speed Configuration
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test points
Speed Number of load ------------------------------------------------------------
DPPP varieties configuration(s) points (n) Load point (i) Flow rate (Q)
(GPM) Head (H) (ft) Speed (rpm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self-Priming Pool Filter Pumps Single-speed 1 High............... Qhigh (gpm) = H = 0.0082 x Maximum speed.
And Non-Self-Priming Pool dedicated-purpose Qmax__speed@C **. Qhigh\2\.
Filter Pumps. pool pumps and all
self-priming and
non-self-priming
pool filter pumps
not meeting the
definition of two-
*, multi-, or
variable-speed
dedicated-purpose
pool pump.
Two-speed dedicated- 2 Low................ Qlow (gpm) = Flow H = 0.0082 x Lowest speed
purpose pool pumps rate associated Qlow\2\. capable of
*. with specified meeting the
head and speed specified flow
that is not below: and head values,
31.1 gpm if any.***
if rated hydraulic
horsepower is
>0.75 or.
24.7 gpm
if rated hydraulic
horsepower is
<=0.75.
High............... Qhigh (gpm) = H = 0.0082 x Maximum speed.
Qmax__speed@C**. Qlow\2\.
Multi-speed and 2 Low................ Qlow (gpm) = H = 0.0082 x Lowest speed
variable-speed If rated Qlow\2\. capable of
dedicated-purpose hydraulic meeting the
pool pumps. horsepower is specified flow
>0.75, then Qlow and head values.
>=31.1 gpm.
If rated
hydraulic
horsepower is
<=0.75, then Qlow
>=24.7 gpm.
High............... Qhigh (gpm) >=0.8 x H = 0.0082 x Lowest speed
Qmax__speed@C**. Qhigh\2\. capable of
meeting the
specified flow
and head values.
Waterfall Pumps................. Single-speed 1 High............... Qlow (gpm) = Flow 17.0 ft........... Maximum speed.
dedicated-purpose corresponding to
pool pumps. specified head.
Pressure Cleaner Booster Pumps.. Any................. 1 High............... 10.0 gpm........... >=60.0 ft......... Lowest speed
capable of
meeting the
specified flow
and head values.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-priming pool filter pumps that are greater
than or equal to 0.711 rated hydraulic horsepower that are two-speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in response to pre-programmed user preferences
and allows the user to select the duration of each speed and/or the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-speed self-priming pool filter pumps
greater than or equal to 0.711 rated hydraulic horsepower that do not meet these requirements must be tested using the load point for single-speed
self-priming or non-self-priming pool filter pumps, as appropriate.
** Qmax__speed@C = Flow at max speed on curve C (gpm).
*** If a two-speed pump has a low speed that results in a flow rate below the specified values, the low speed of that pump shall not be tested.
6.0 Calculations
6.1 Determination of Weighted Energy Factor. Determine the WEF
as a ratio of the measured flow and driver power input to the
dedicated-purpose pool pump in accordance with the following
equation:
[[Page 74046]]
[GRAPHIC] [TIFF OMITTED] TP02DE22.000
Where:
WEF = Weighted Energy Factor in kgal/kWh;
Wi = weighting factor at each load point i, as specified in section
6.2 of this appendix;
Qi = flow at each load point i, in gpm;
Pi = driver power input to the motor (or controls, if present) at
each load point i, in watts;
i = load point(s), defined uniquely for each DPPP variety and speed
configuration as specified in section 5.3 of this appendix; and
n = number of load point(s), defined uniquely for each DPPP variety
and speed configuration as specified in section 5.3 of this
appendix.
6.2 Weights. When determining WEF, apply the weights specified
in table 2 of this appendix for the applicable load points, DPPP
varieties, and speed configurations:
Table 2--Load Point Weights (wi)
----------------------------------------------------------------------------------------------------------------
Load point(s) i
DPPP varieties Speed configuration(s) -------------------------------
Low flow High flow
----------------------------------------------------------------------------------------------------------------
Self-Priming Pool Filter Pumps and Non-Self- Single-speed dedicated-purpose pool .............. 1.0
Priming Pool Filter Pumps. pumps and all self-priming and non-
self-priming pool filter pumps not
meeting the definition of two-*,
multi-, or variable-speed
dedicated-purpose pool pump.
Two-speed dedicated-purpose pool 0.80 0.20
pumps *.
Multi-speed and variable-speed 0.80 0.20
dedicated-purpose pool pumps.
Waterfall Pumps............................ Single-speed dedicated-purpose pool .............. 1.0
pumps.
Pressure Cleaner Booster Pump.............. Any................................ .............. 1.0
----------------------------------------------------------------------------------------------------------------
* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-
priming pool filter pumps that are greater than or equal to 0.711 rated hydraulic horsepower that are two-
speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in
response to pre-programmed user preferences and allows the user to select the duration of each speed and/or
the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-
speed self-priming pool filter pumps greater than or equal to 0.711 rated hydraulic horsepower that do not
meet these requirements must be tested using the load point for single-speed self-priming or non-self-priming
pool filter pumps, as appropriate.
6.3 Determination of Horsepower and True Power Factor Metrics
6.3.1 Determine the pump power output at any load point i using the
following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.001
Where:
Pu,i = the measured pump power output at load point i of the tested
pump, in hp;
Qi = the measured flow rate at load point i of the tested pump, in
gpm;
Hi = pump total head at load point i of the tested pump, in ft; and
SG = the specific gravity of water at specified test conditions,
which is equivalent to 1.00.
6.3.1.1 Determine the rated hydraulic horsepower as the pump
power output measured on the reference curve at maximum rotating
speed and full impeller diameter for the rated pump.
6.3.2 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, determine the dedicated-purpose pool pump
nominal motor horsepower as the product of the measured full load
speed and torque, adjusted to the appropriate units, as shown in the
following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.002
Where:
Pnm = the dedicated-purpose pool pump nominal total horsepower at
full load, in hp;
T = output torque at full load, in lb-ft; and
n = the motor speed at full load, in rpm.
Full-load speed and torque shall be determined based on the
maximum continuous duty motor power output rating allowable for the
motor's nameplate ambient rating and insulation class.
6.3.2.1 For single-phase AC motors, determine the measured speed
and torque at full load according to either section 6.3.2.1.1 or
6.3.2.1.2 of this appendix.
6.3.2.1.1 Use IEEE 114-2010, according to section 1.3 of this
appendix, or
6.3.2.1.2 Use the applicable procedures of CSA C747-09 (R2019),
according to section 1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only measurements at full load
are required in section 6.5, and section 6.6 shall be disregarded.
[[Page 74047]]
6.3.2.2 For DC motors, determine the measured speed and torque
at full load according to either section 6.3.2.2.1 or 6.3.2.2.2 of
this appendix.
6.3.2.2.1 Use the procedures of IEEE 113-1985, according to
section 1.4 of this appendix, or
6.3.2.2.2 Use the applicable procedures of CSA C747-09 (R2019),
according to section 1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only measurements at full load
are required in section 6.5, and section 6.6 shall be disregarded
(incorporated by reference, see Sec. 431.463).
6.3.3 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, the dedicated-purpose pool pump service factor
is equal to 1.0.
6.3.4 Determine the dedicated-purpose pool pump motor total
horsepower according to section 6.3.4.1 of this appendix for
dedicated-purpose pool pumps with single-phase AC motors or DC
motors and section 6.3.4.2 of this appendix for dedicated-purpose
pool pumps with polyphase AC motors.
6.3.4.1 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, determine the dedicated-purpose pool pump motor
total horsepower as the product of the dedicated-purpose pool pump
nominal motor horsepower, determined in accordance with section
6.3.2 of this appendix, and the dedicated-purpose pool pump service
factor, determined in accordance with section 6.3.3 of this
appendix.
6.3.4.2 For dedicated-purpose pool pumps with polyphase AC
induction motors, determine the dedicated-purpose pool pump motor
total horsepower as the product of the rated nominal motor
horsepower and the rated service factor of the motor.
6.3.5 Determine the true power factor at each applicable load
point specified in Table 1 of this appendix for each DPPP variety
and speed configuration as a ratio of driver power input to the
motor (or controls, if present) (Pi), in watts, divided
by the product of the voltage in volts and the current in amps at
each load point i, as shown in the following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.003
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 = voltage at each load point i, in volts;
Ii = current at each load point i, in amps; and
i = load point(s), defined uniquely for each DPPP variety and speed
configuration as specified in section 5.3 of this appendix.
6.4 Determination of Maximum Head. Determine the maximum head
for self-priming pool filter pumps, non-self-priming pool filter
pumps, and waterfall pumps by measuring the head at maximum speed
and the minimum flow rate at which the pump is designed to operate
continuously or safely, where the minimum flow rate is assumed to be
zero unless stated otherwise in the manufacturer literature.
7.0 Determination of Self-Priming Capability
7.1 Test Method. Determine the vertical lift and true priming
time of non-self-priming pool filter pumps and self-priming pool
filter pumps that are not already certified as self-priming under
NSF/ANSI/CAN 50-2020 by testing such pumps pursuant to section N.3-3
of appendix Normative Annex 3 of NSF/ANSI/CAN 50-2020, except for
the modifications and exceptions listed in the following sections
7.1.1 through 7.1.5 of this appendix:
7.1.1 Where section N-3.3.2, ``Apparatus,'' and section N-3.3.4,
``Self-priming capability test method,'' of NSF/ANSI/CAN 50-2020
state that the ``suction line must be essentially as shown in
Normative Annex 3, figure 3;'' the phrase ``essentially as shown in
Normative Annex 3, figure 3'' means:
(a) The centerline of the pump impeller shaft is situated a
vertical distance equivalent to the specified vertical lift (VL),
calculated in accordance with section 7.1.1.1. of this appendix,
above the water level of a water tank of sufficient volume as to
maintain a constant water surface level for the duration of the
test;
(b) The pump draws water from the water tank with a riser pipe
that extends below the water level a distance of at least 3 times
the riser pipe diameter (i.e., 3 pipe diameters);
(c) The suction inlet of the pump is at least 5 pipe diameters
from any obstructions, 90[deg] bends, valves, or fittings; and
(d) The riser pipe is of the same pipe diameter as the pump
suction inlet.
7. 1.1.1 The vertical lift (VL) must be normalized to 5.0 feet
at an atmospheric pressure of 14.7 psia and a water density of 62.4
lb/ft\3\ in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.004
Where:
VL = vertical lift of the test apparatus from the waterline to the
centerline of the pump impeller shaft, in ft;
[rho]test = density of test fluid, in lb/ft\3\; and
Pabs,test = absolute barometric pressure of test apparatus location
at centerline of pump impeller shaft, in psia.
7.1.2 The equipment accuracy requirements specified in section
3, ``Measurement Equipment,'' of this appendix also apply to this
section 7, as applicable.
7.1.2.1 All measurements of head (gauge pressure), flow, and
water temperature must be taken at the pump suction inlet and all
head measurements must be normalized back to the centerline of the
pump impeller shaft in accordance with section A.3.1.3.1 of HI 40.6-
2021.
7.1.3 All tests must be conducted with clear water that meets
the requirements adopted in section 4.3 of this appendix.
7.1.4 In section N-3.3.4, ``Self-priming capability test
method,'' of NSF/ANSI/CAN 50-2020, ``the elapsed time to steady
discharge gauge reading or full discharge flow'' is determined when
the changes in head and flow, respectively, are within the tolerance
values specified in table 40.6.3.2.2, ``Permissible amplitude of
fluctuation as a percentage of mean value of quantity being measured
at any test point,'' of HI 40.6-2021. The measured priming time
(MPT) is determined as the point in time when the stabilized load
point is first achieved, not when stabilization is determined. In
addition, the true priming time (TPT) is equivalent to the MPT.
7.1.5 The maximum true priming time for each test run must not
exceed 10.0 minutes. Disregard section N-3.3.5 of NSF/ANSI/CAN 50-
2020.
8. Optional Testing and Calculations
8.1 Replacement Dedicated-Purpose Pool Pump Motors. To determine
the WEF for replacement DPPP motors, test each replacement DPPP
motor paired with each dedicated-purpose pool pump bare pump for
which the replacement DPPP motor is advertised to be paired, as
stated in the manufacturer's literature for that replacement DPPP
motor model, according to the testing and calculations described in
sections 2, 3, 4, 5, and 6 of this appendix. Alternatively, each
replacement DPPP motor may be tested with the most consumptive
dedicated-purpose pool pump bare pump for which it
[[Page 74048]]
is advertised to be paired, as stated in the manufacturer's
literature for that replacement DPPP motor model. If a replacement
DPPP motor is not advertised to be paired with any specific
dedicated-purpose pool pump bare pumps, test with the most
consumptive dedicated-purpose pool pump bare pump available.
Appendix D to Subpart Y of Part 431 [Redesignated as Appendix C]
0
11. Appendix D to Subpart Y of Part 431 is redesignated as Appendix C
to Subpart Y of Part 431 and amended by:
0
a. In the introductory note, removing the words, ``Note 1 to appendix
D'' and adding, in their place, the words ``Note 1 to appendix C''; and
0
b. In section 2.1, in the heading of Table 1, removing the words,
``Table 1 to Appendix D to Subpart Y of Part 431'' and adding, in their
place, the words ``Table 1 to Appendix C to Subpart Y of Part 431.''
[FR Doc. 2022-24201 Filed 12-1-22; 8:45 am]
BILLING CODE 6450-01-P