[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ www.energy.gov/gc/articles/direct-purpose-pool-pumps-enforcement-policy.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ A system curve is a graphical representation of the 
relationship between flow rate and the associated head losses.
---------------------------------------------------------------------------

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)
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.''
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, 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 
of encryption and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

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