Energy Conservation Program: Certification, Compliance, Labeling, and Enforcement for Electric Motors and Small Electric Motors; Withdrawal, 59887-59889 [2021-23595]
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59887
Proposed Rules
Federal Register
Vol. 86, No. 207
Friday, October 29, 2021
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2020–0036]
RIN 3150–AK71
Reporting Requirements for
Nonemergency Events at Nuclear
Power Plants
Nuclear Regulatory
Commission.
ACTION: Public meeting.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) plans to hold a
public meeting to discuss a rulemaking
activity related to reporting
requirements for nonemergency events
at nuclear power plants. The purpose of
the meeting is to provide information on
the background and status of the
rulemaking and to obtain input from
interested stakeholders.
DATES: The public meeting will be held
on November 4, 2021. See Section II,
Public Meeting, of this document for
more information on the meeting.
ADDRESSES: Please refer to Docket ID
NRC–2020–0036 when contacting the
NRC about the availability of
information regarding this public
meeting. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0036. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
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problems with ADAMS, please contact
the NRC’s Public Document Room
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov.
• Attention: The Public Document
Room, where you may examine and
order copies of public documents, is
currently closed. You may submit your
request via email at PDR.Resource@
nrc.gov or call 1–800–397–4209 between
8:00 a.m. and 4:00 p.m. (ET), Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
George Tartal, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–0016, email: George.Tartal@
nrc.gov, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
ADAMS under accession number
ML21288A427. The meeting notice
includes questions for discussion to
support development of the regulatory
basis.
I. Background
On August 12, 2021, the NRC
published a notice in the Federal
Register informing the public that it will
consider in the rulemaking process the
issues raised in a petition for
rulemaking regarding reporting
requirements for nonemergency events
at nuclear power plants (86 FR 44290).
The NRC is in the early stages of
developing a regulatory basis document
that will discuss the regulatory issues,
alternatives to resolve those issues, and
the NRC staff’s recommended
alternative. The NRC will consider the
information shared at the meeting in the
development of the regulatory basis
document.
Energy Conservation Program:
Certification, Compliance, Labeling,
and Enforcement for Electric Motors
and Small Electric Motors; Withdrawal
II. Public Meeting
The public meeting will be on
November 4, 2021, from 2:00 p.m. to
5:00 p.m. (ET). Interested stakeholders
may attend via telephone or online
seminar. The purpose of the meeting is
to provide background information on
this rulemaking activity and obtain
stakeholder input to enhance the NRC’s
understanding of the associated issues.
Further, the staff will describe the
various opportunities for the public to
participate in the rulemaking process.
The NRC will not provide formal
written responses to the oral comments
made at this meeting.
Information for the teleconference and
online seminar is available in the
meeting notice, which can be accessed
through the NRC’s public website at:
https://www.nrc.gov/pmns/mtg or in
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Dated: October 25, 2021.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2021–23550 Filed 10–28–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE–2014–BT–CE–0019]
RIN 1904–AD25
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Proposed rule; withdrawal.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’ or the ‘‘Department’’) is
withdrawing a notice of proposed
rulemaking (NOPR) issued on June 24,
2016 that proposed to revise its
certification, compliance, and
enforcement regulations for electric
motors and small electric motors to
conform to the enforcement regulations
for all other covered products and
equipment and to consolidate, to a
limited extent, the certification and
compliance regulations for electric
motors and small electric motors with
those for other types of covered
products and equipment.
DATES: The proposed rule that
published in the Federal Register on
June 24, 2016 at 81 FR 41377 is
withdrawn as of October 29, 2021.
ADDRESSES: The docket for this
rulemaking, which includes Federal
Register notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
SUMMARY:
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Proposed Rules
information that is exempt from public
disclosure.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2014-BT-CE-0019. The
docket web page contains simple
instructions on how to access all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
9870. Email: Jeremy.Dommu@
ee.doe.gov.
Ms. Lucy Lee, U.S. Department of
Energy, Office of the General Counsel,
GC–32, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–6395. Email:
lucy.lee@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Energy Policy and Conservation Act
of 1975, as amended (‘‘EPCA’’ or, in
context, ‘‘the Act’’) sets forth a variety
of provisions designed to improve
energy efficiency. Part B of Title III (42
U.S.C. 6291–6309) provides for the
Energy Conservation Program for
Consumer Products Other Than
Automobiles. The National Energy
Conservation Policy Act (NECPA),
Public Law 95–619, amended EPCA to
add Part C of Title III, which established
an energy conservation program for
certain industrial equipment. (42 U.S.C.
6311–6317) 1 Included among the
various equipment types addressed by
EPCA 2 are electric motors and small
electric motors.
As relevant here, DOE’s energy
conservation program under EPCA
consists essentially of four parts: (1)
Testing, (2) labeling, (3) Federal energy
conservation standards, and (4)
certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of covered products and
covered equipment must use as the
basis for: (1) Certifying to DOE that their
products comply with the applicable
energy conservation standards adopted
under EPCA; and (2) making
representations about the efficiency of
those products. Similarly, DOE must use
these test procedures to determine
whether the products comply with any
1 For editorial reasons, Parts B (consumer
products) and C (commercial equipment) of Title III
of EPCA were codified as parts A and A–1,
respectively, in the United States Code.
2 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
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relevant standards promulgated under
EPCA.3 Further, 42 U.S.C. 6299–6305,
6316, and 6317 authorize DOE to
enforce compliance with the energy
conservation standards related to a
variety of consumer products and
commercial equipment, including
electric motors and small electric
motors.
On June 24, 2016, DOE published a
notice of proposed rulemaking (NOPR)
proposing to revise its certification and
enforcement regulations for electric
motors and small electric motors. 81 FR
41377. DOE proposed to: (1) Move and
amend certification and sampling
provisions for electric motors to 10 CFR
429.12 and 10 CFR 429.63, (2) replace
the currently used compliance
certification number with a new
manufacturer’s identification number
(3) move the sampling and certification
testing provisions for small electric
motors to 10 CFR 429.12 and 10 CFR
429.64, (4) add certification provisions
specific to small electric motors to 10
CFR 429.64, (5) move and amend
existing AEDM provisions for electric
motors and for small electric motors to
10 CFR 429.70, (6) move and amend the
administrative process for recognizing
certification programs to new sections
10 CFR 429.73 and 10 CFR 429.75, (7)
add an administrative process for
recognizing testing laboratories, either
directly or through recognition of
accreditation organizations, to new
sections 10 CFR 429.74 and 10 CFR
429.75, (8) move the electric motor
labeling requirements from 10 CFR
431.31 to 10 CFR 429.76, (9) add
labeling requirements for small electric
motors, (10) add a definition for
‘‘independent’’ to describe how DOE
would evaluate the independence of
testing laboratories and certification
programs, (11) revise the definition of
basic model for electric motors and
small electric motors, (12) add a
definition for ‘‘equipment class’’, (13)
remove definitions related to
accreditation as a result of the proposed
changes regarding laboratory
accreditation, (14) apply the
enforcement procedure found at subpart
C of part 429 to electric motors and
small electric motors, (15) address how
to treat electric motors and small
electric motors that are capable of
operation at multiple voltages, and (16)
clarify the exclusion for small electric
motors found at 42 U.S.C. 6317(b)(3).
DOE received negative comment on a
variety of its proposals, and DOE had
3 The test procedures for electric motors are
described in appendix B to subpart B of 10 CFR part
431; the test procedures for small electric motors
are described in 10 CFR 431.444.
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expected to solicit further comment on
those issues. For the proposals on which
DOE received supportive comment,
DOE prepared a final rule, which was
issued on January 11, 2017 (‘‘prepublication final rule’’). On January 20,
2017, the heads of executive
departments were directed to withdraw
any rules immediately that were not yet
published. 82 FR 8346 (January 24,
2017). Accordingly, DOE withdrew the
pre-publication final rule from the
Federal Register for further review. On
March 9, 2017, NEMA requested that
DOE not return the pre-publication final
rule to the Federal Register for
publication. The pre-publication final
rule was never published in the Federal
Register.
In the intervening time, DOE has
undertaken a few different rulemakings
and activities related to electric motors
and small electric motors. For example,
DOE published a final rule pertaining to
test procedures for electric motors and
small electric motor. 86 FR 4 (January 4,
2021). DOE also classified North
Carolina Advanced Energy Corporation
as a nationally recognized certification
program. 85 FR 40270 (July 6, 2020).
In addition, Issue 14 from the NOPR
is now being addressed through a new
enforcement rulemaking. See Docket
EERE–2019–BT–CE–0015 (available at
https://www.regulations.gov/
docket?D=EERE-2019-BT-CE-0015). On
that issue, DOE published a notice of
proposed rulemaking proposing changes
to enforcement procedures for all
products, including electric motors and
small electric motors. 85 FR 53691
(August 31, 2020).
Over four years have passed since the
drafting of the pre-publication final rule
and even more time has passed since
DOE received comment on its proposals.
In addition, commenters opposed the
publication of the pre-publication final
rule in the Federal Register.
After consideration of comments and
the prolonged interlude since the
publication of DOE’s proposals, the
Department is withdrawing this
rulemaking proposal. The purpose of
this rulemaking was to provide more
consistency in DOE’s certification and
enforcement regulations across all types
of covered products and covered
equipment. It was also intended to
provide greater clarity with respect to a
number of issues industry and test
facilities had raised. While the
Department believes that there is a
benefit to addressing certification of
electric motors and small electric
motors, DOE also takes seriously
industry concerns about the potential
burden of this proposal. DOE also notes
that the enforcement regulations will be
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Proposed Rules
addressed through a different
rulemaking.
Accordingly, DOE withdraws the June
24, 2016 NOPR published at 81 FR
41377.
Signing Authority
This document of the Department of
Energy was signed on October 26, 2021,
by Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on October 26,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–23595 Filed 10–28–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2017–BT–STD–0014]
RIN 1904–AD98
Energy Conservation Program: Energy
Conservation Standards for
Residential Clothes Washers, Webinar
and Availability of the Preliminary
Technical Support Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Extension of public comment
period.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is extending the public
comment period for the preliminary
analysis regarding proposals to amend
the energy conservation standards for
residential clothes washers. DOE
published the notification of a webinar
and availability of preliminary technical
support document in the Federal
Register on September 29, 2021,
establishing a 75-day public comment
period ending December 13, 2021. On
October 11, 2021, DOE received a
comment requesting extension of the
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comment period by an additional 64
days to February 15, 2022. DOE is
extending the public comment period
for submitting comments and data on
the preliminary analysis documents by
an additional 45 days, to January 27,
2022, for a total of a 120-day comment
period.
DATES: The comment period for the
preliminary analysis published on
September 29, 2021 (86 FR 53886), is
extended. DOE will accept comments,
data, and information regarding this
preliminary analysis no later than
January 27, 2022.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments by email to the
following address: ConsumerClothes
Washer2017STD0014@ee.doe.gov.
Include the docket number EERE–2017–
BT–STD–0014 and/or RIN number
1904–AD98 in the subject line of the
message. Submit electronic comments
in WordPerfect, Microsoft Word, PDF,
or ASCII file format, and avoid the use
of special characters or any form of
encryption.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing corona virus (COVID–19)
pandemic. DOE is currently accepting
only electronic submissions at this time.
If a commenter finds that this change
poses an undue hardship, please contact
Appliance Standards Program staff at
(202) 586–1445 to discuss the need for
alternative arrangements. Once the
COVID–19 pandemic health emergency
is resolved, DOE anticipates resuming
all of its regular options for public
comment submission, including postal
mail and hand delivery/courier.
No telefacsimilies (faxes) will be
accepted.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/docket/EERE2017-BT-STD-0014. The docket web
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59889
page contains instructions on how to
access all documents, including public
comments in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
0371. Email: ApplianceStandards
Questions@ee.doe.gov.
Ms. Kathryn McIntosh, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
2002. Email: KathrynMcIntosh@
hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket contact
the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email: ApplianceStandards
Questions@ee.doe.gov.
SUPPLEMENTARY INFORMATION: On
September 29, 2021, DOE published the
notification of a webinar and
availability of preliminary technical
support document in the Federal
Register soliciting public comment on
its proposed amendments to the energy
conservation standards for residential
clothes washers. 86 FR 53886.
Comments were originally due on
December 13, 2021. On October 11,
2021, DOE received a comment from the
Association of Home Appliance
Manufacturers to extend the comment
period by an additional 64 days to
February 15, 2022.1
DOE has reviewed the request and
considered the benefit to stakeholders in
providing additional time to review the
preliminary analysis and gather
information/data that DOE is seeking.
Accordingly, DOE has determined that
an extension of the comment period is
appropriate and is hereby extending the
comment period by an additional 45
days to January 27, 2022 for a total of
a 120 day comment period.
Signing Authority
This document of the Department of
Energy was signed on October 19, 2021,
by Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
1 DOE has posted this comment to the docket at
www.regulations.gov/comment/EERE-2016-BT-TP0011-0020.
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]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59887-59889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23595]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2014-BT-CE-0019]
RIN 1904-AD25
Energy Conservation Program: Certification, Compliance, Labeling,
and Enforcement for Electric Motors and Small Electric Motors;
Withdrawal
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'')
is withdrawing a notice of proposed rulemaking (NOPR) issued on June
24, 2016 that proposed to revise its certification, compliance, and
enforcement regulations for electric motors and small electric motors
to conform to the enforcement regulations for all other covered
products and equipment and to consolidate, to a limited extent, the
certification and compliance regulations for electric motors and small
electric motors with those for other types of covered products and
equipment.
DATES: The proposed rule that published in the Federal Register on June
24, 2016 at 81 FR 41377 is withdrawn as of October 29, 2021.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at www.regulations.gov. All documents in the
docket are listed in the www.regulations.gov index. However, not all
documents listed in the index may be publicly available, such as
[[Page 59888]]
information that is exempt from public disclosure.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2014-BT-CE-0019. The docket web page contains simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected].
Ms. Lucy Lee, U.S. Department of Energy, Office of the General
Counsel, GC-32, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-6395. Email: [email protected].
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act of 1975, as amended (``EPCA'' or, in context, ``the
Act'') sets forth a variety of provisions designed to improve energy
efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides for the
Energy Conservation Program for Consumer Products Other Than
Automobiles. The National Energy Conservation Policy Act (NECPA),
Public Law 95-619, amended EPCA to add Part C of Title III, which
established an energy conservation program for certain industrial
equipment. (42 U.S.C. 6311-6317) \1\ Included among the various
equipment types addressed by EPCA \2\ are electric motors and small
electric motors.
---------------------------------------------------------------------------
\1\ For editorial reasons, Parts B (consumer products) and C
(commercial equipment) of Title III of EPCA were codified as parts A
and A-1, respectively, in the United States Code.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
---------------------------------------------------------------------------
As relevant here, DOE's energy conservation program under EPCA
consists essentially of four parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards, and (4) certification and
enforcement procedures. The testing requirements consist of test
procedures that manufacturers of covered products and covered equipment
must use as the basis for: (1) Certifying to DOE that their products
comply with the applicable energy conservation standards adopted under
EPCA; and (2) making representations about the efficiency of those
products. Similarly, DOE must use these test procedures to determine
whether the products comply with any relevant standards promulgated
under EPCA.\3\ Further, 42 U.S.C. 6299-6305, 6316, and 6317 authorize
DOE to enforce compliance with the energy conservation standards
related to a variety of consumer products and commercial equipment,
including electric motors and small electric motors.
---------------------------------------------------------------------------
\3\ The test procedures for electric motors are described in
appendix B to subpart B of 10 CFR part 431; the test procedures for
small electric motors are described in 10 CFR 431.444.
---------------------------------------------------------------------------
On June 24, 2016, DOE published a notice of proposed rulemaking
(NOPR) proposing to revise its certification and enforcement
regulations for electric motors and small electric motors. 81 FR 41377.
DOE proposed to: (1) Move and amend certification and sampling
provisions for electric motors to 10 CFR 429.12 and 10 CFR 429.63, (2)
replace the currently used compliance certification number with a new
manufacturer's identification number (3) move the sampling and
certification testing provisions for small electric motors to 10 CFR
429.12 and 10 CFR 429.64, (4) add certification provisions specific to
small electric motors to 10 CFR 429.64, (5) move and amend existing
AEDM provisions for electric motors and for small electric motors to 10
CFR 429.70, (6) move and amend the administrative process for
recognizing certification programs to new sections 10 CFR 429.73 and 10
CFR 429.75, (7) add an administrative process for recognizing testing
laboratories, either directly or through recognition of accreditation
organizations, to new sections 10 CFR 429.74 and 10 CFR 429.75, (8)
move the electric motor labeling requirements from 10 CFR 431.31 to 10
CFR 429.76, (9) add labeling requirements for small electric motors,
(10) add a definition for ``independent'' to describe how DOE would
evaluate the independence of testing laboratories and certification
programs, (11) revise the definition of basic model for electric motors
and small electric motors, (12) add a definition for ``equipment
class'', (13) remove definitions related to accreditation as a result
of the proposed changes regarding laboratory accreditation, (14) apply
the enforcement procedure found at subpart C of part 429 to electric
motors and small electric motors, (15) address how to treat electric
motors and small electric motors that are capable of operation at
multiple voltages, and (16) clarify the exclusion for small electric
motors found at 42 U.S.C. 6317(b)(3).
DOE received negative comment on a variety of its proposals, and
DOE had expected to solicit further comment on those issues. For the
proposals on which DOE received supportive comment, DOE prepared a
final rule, which was issued on January 11, 2017 (``pre-publication
final rule''). On January 20, 2017, the heads of executive departments
were directed to withdraw any rules immediately that were not yet
published. 82 FR 8346 (January 24, 2017). Accordingly, DOE withdrew the
pre-publication final rule from the Federal Register for further
review. On March 9, 2017, NEMA requested that DOE not return the pre-
publication final rule to the Federal Register for publication. The
pre-publication final rule was never published in the Federal Register.
In the intervening time, DOE has undertaken a few different
rulemakings and activities related to electric motors and small
electric motors. For example, DOE published a final rule pertaining to
test procedures for electric motors and small electric motor. 86 FR 4
(January 4, 2021). DOE also classified North Carolina Advanced Energy
Corporation as a nationally recognized certification program. 85 FR
40270 (July 6, 2020).
In addition, Issue 14 from the NOPR is now being addressed through
a new enforcement rulemaking. See Docket EERE-2019-BT-CE-0015
(available at https://www.regulations.gov/docket?D=EERE-2019-BT-CE-0015). On that issue, DOE published a notice of proposed rulemaking
proposing changes to enforcement procedures for all products, including
electric motors and small electric motors. 85 FR 53691 (August 31,
2020).
Over four years have passed since the drafting of the pre-
publication final rule and even more time has passed since DOE received
comment on its proposals. In addition, commenters opposed the
publication of the pre-publication final rule in the Federal Register.
After consideration of comments and the prolonged interlude since
the publication of DOE's proposals, the Department is withdrawing this
rulemaking proposal. The purpose of this rulemaking was to provide more
consistency in DOE's certification and enforcement regulations across
all types of covered products and covered equipment. It was also
intended to provide greater clarity with respect to a number of issues
industry and test facilities had raised. While the Department believes
that there is a benefit to addressing certification of electric motors
and small electric motors, DOE also takes seriously industry concerns
about the potential burden of this proposal. DOE also notes that the
enforcement regulations will be
[[Page 59889]]
addressed through a different rulemaking.
Accordingly, DOE withdraws the June 24, 2016 NOPR published at 81
FR 41377.
Signing Authority
This document of the Department of Energy was signed on October 26,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on October 26, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-23595 Filed 10-28-21; 8:45 am]
BILLING CODE 6450-01-P
