Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pumps, 3461-3470 [2022-00849]
Download as PDF
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
reference NSF/ANSI/CAN 50–2019
sections N3–3 (which is the same as
section C3 of NSF/ANSI 50–2015) as the
DOE test procedure for determining the
self-priming capabilities of DPPPs. DOE
also requests information on the impact
of the updates in NSF/ANSI/CAN 50–
2019 to the test burden and the
representativeness of the test results.
III. Submission of Comments
DOE invites all interested parties to
submit in writing by the date specified
in the DATES section, comments and
information on matters addressed in this
RFI.
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 or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Following this instruction, 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
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information 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. Faxes
will not 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 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.
According 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 wellmarked 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).
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
3461
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of this
process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this process should
contact Appliance and Equipment
Standards Program staff at (202) 287–
1445 or via email at
ApplianceStandardsQuestions@
ee.doe.gov.
Signing Authority
This document of the Department of
Energy was signed on January 12, 2022,
by Kelly J. Speakes-Backman, Principal
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on January 12,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–00850 Filed 1–21–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2022–BT–STD–0001]
Energy Conservation Program: Energy
Conservation Standards for DedicatedPurpose Pool Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is initiating an effort to
determine whether to amend the current
energy conservation standards for
dedicated-purpose pool pumps
SUMMARY:
E:\FR\FM\24JAP1.SGM
24JAP1
3462
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
(‘‘DPPPs’’). Under the Energy Policy and
Conservation Act, as amended, DOE
must review these standards at least
once every six years and publish either
a notice of proposed rulemaking
(‘‘NOPR’’) to propose new standards for
DPPPs or a notification of determination
that the existing standards do not need
to be amended. This request for
information (‘‘RFI’’) solicits information
from the public to help DOE determine
whether amended standards for DPPPs
would result in significant energy
savings and whether such standards
would be technologically feasible and
economically justified. DOE also
welcomes written comments from the
public on any subject within the scope
of this document (including those topics
not specifically raised), as well as the
submission of data and other relevant
information.
Written comments and
information are requested and will be
accepted on or before February 23, 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, identified by docket
number EERE–2022–BT–STD–0001, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to DPPP2022STD0001@
ee.doe.gov. Include docket number
EERE–2022–BT–STD–0001 in the
subject line of the message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
III of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including 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 suspending
receipt of public comments via postal
mail and hand delivery/courier. If a
commenter finds that this change poses
an undue hardship, please contact
Appliance Standards Program staff at
(202) 586–1445 to discuss the need for
alternative arrangements. Once the
COVID–19 pandemic health emergency
is resolved, DOE anticipates resuming
all of its regular options for public
comment submission, including postal
mail and hand delivery/courier.
jspears on DSK121TN23PROD with PROPOSALS1
DATES:
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
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/EERE2022-BT-STD-0001. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket. See section III
for information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
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:
ApplianceStandardsQuestions@
ee.doe.gov.
Amelia Whiting, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–2588; Email:
amelia.whiting@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:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking Process
C. Deviation From Appendix A
II. Request for Information and Comments
A. Equipment Covered by This Process
B. Market and Technology Assessment
1. Equipment Classes
2. Technology Assessment
C. Screening Analysis
D. Engineering Analysis
1. Efficiency Analysis
2. Cost Analysis
E. Markup Analysis
F. Energy Use Analysis
G. Life-Cycle Cost and Payback Analysis
1. Installation, Maintenance, and Repair
Costs
2. Equipment Lifetime
H. Shipments
I. Manufacturer Impact Analysis
III. Submission of Comments
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
I. Introduction
A. Authority and Background
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317). Title III, Part C 2 of EPCA
(42 U.S.C. 6311–6317, as codified),
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 defines ‘‘pump’’ as
equipment designed to move liquids
(which may include entrained gases,
free solids, and totally dissolved solids)
by physical or mechanical action and
includes a bare pump and, if included
by the manufacturer at the time of sale,
mechanical equipment, driver, and
controls. 10 CFR 431.462. Dedicatedpurpose pool pumps, which are the
subject of this RFI, meet this definition
of a pump and are covered under the
pump equipment type.
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).
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 set forth under EPCA. (42
U.S.C. 6316(a) (applying the preemption
waiver provisions of 42 U.S.C. 6297))
EPCA also requires that, not later than
6 years after the issuance of any final
rule establishing or amending a
standard, DOE evaluate the energy
conservation standards for each type of
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).
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
E:\FR\FM\24JAP1.SGM
24JAP1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
covered equipment, including those at
issue here, and publish either a
notification of determination that the
standards do not need to be amended,
or a NOPR that includes new proposed
energy conservation standards
(proceeding to a final rule, as
appropriate). (42 U.S.C. 6316(a); 42
U.S.C. 6295(m)(1)) If DOE determines
not to amend a standard based on the
statutory criteria, not later than 3 years
after the issuance of a final
determination not to amend standards,
DOE must publish either a notification
of determination that standards for the
product do not need to be amended, or
a NOPR including new proposed energy
conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C.
6316(a); 42 U.S.C. 6295(m)(3)(B)) DOE
must make the analysis on which a
determination is based publicly
available and provide an opportunity for
written comment. (42 U.S.C. 6316(a); 42
U.S.C. 6295(m)(2))
In proposing new standards, DOE
must evaluate that proposal against the
criteria of 42 U.S.C. 6295(o), as
described in the following section, and
follow the rulemaking procedures set
out in 42 U.S.C. 6295(p). (42 U.S.C.
6316(a); 42 U.S.C. 6295(m)(1)(B)) If DOE
decides to amend the standard based on
the statutory criteria, DOE must publish
a final rule not later than two years after
energy conservation standards are
proposed. (42 U.S.C. 6316(a); 42 U.S.C.
6295(m)(3)(A))
On January 18, 2017, DOE published
a direct final rule (‘‘January 2017 Direct
Final Rule’’) 3 to codify energy
conservation standards for DPPPs
manufactured or imported to the United
States. 82 FR 5650. The energy
conservation standards are consistent
with the recommendations of the
Appliance Standards Rulemaking
Federal Advisory Committee
(‘‘ASRAC’’) negotiated rulemaking
working group for dedicated-purpose
pool pumps (82 FR 5650, 5658). (Docket
No. EERE–2015–BT–STD–0008, Nos. 51
and 82) The current energy conservation
standards are located in title 10 of the
Code of Federal Regulations (‘‘CFR’’)
part 431, section 465(f)–(h). DOE
established performance-based
standards, expressed in terms of
jspears on DSK121TN23PROD with PROPOSALS1
3 On
May 26, 2017, DOE published a confirmation
of the effective date and compliance date for the
direct final rule, confirming adoption of the energy
conservation standards established in the direct
final rule. 82 FR 24218.
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
weighted energy factor (‘‘WEF’’), for
certain DPPP classes. 10 CFR 431.465(f).
For certain classes of DPPPs, including
those classes subject to the performance
standards, DOE established a design
requirement. 10 CFR 431.465(g) and (h).
Compliance with the standards
established for DPPPs is required on and
after July 19, 2021. The currently
applicable DOE test procedures for
DPPPs appear at 10 CFR part 431,
subpart Y, appendices B and C
(‘‘Appendices B and C’’).
DOE is publishing this RFI to collect
data and information to inform this
rulemaking consistent with its
obligations under EPCA.
B. Rulemaking Process
DOE must follow specific statutory
criteria for prescribing new or amended
standards for covered equipment. EPCA
requires that any new or amended
energy conservation standard prescribed
by the Secretary of Energy (‘‘Secretary’’)
be designed to achieve the maximum
improvement in energy or water
efficiency that is technologically
feasible and economically justified. (42
U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(A))
The Secretary may not prescribe an
amended or new standard that will not
result in significant conservation of
energy or is not technologically feasible
or economically justified. (42 U.S.C.
6316(a); 42 U.S.C. 6295(o)(3))
To adopt any new or amended
standards for a covered product, DOE
must determine that such action would
result in significant energy savings. (42
U.S.C. 6295(o)(3)(B))
The significance of energy savings
offered by a new or amended energy
conservation standard cannot be
determined without knowledge of the
specific circumstances surrounding a
given rulemaking.4 For example, the
United States has now rejoined the Paris
Agreement on February 19, 2021. As
part of that agreement, the United States
has committed to reducing GHG
emissions in order to limit the rise in
mean global temperature. As such,
energy savings that reduce GHG
emission have taken on greater
importance. Additionally, some covered
products and equipment have most of
their energy consumption occur during
4 The numeric threshold for determining the
significance of energy savings established in a final
rule published on February 14, 2020 (85 FR 8626,
8670), was subsequently eliminated in a final rule
published on December 13, 2021 (86 FR 70892,
70906).
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
3463
periods of peak energy demand. The
impacts of these products on the energy
infrastructure can be more pronounced
than products with relatively constant
demand. In evaluating the significance
of energy savings, DOE considers
differences in primary energy and FFC
effects for different covered products
and equipment when determining
whether energy savings are significant.
Primary energy and FFC effects include
the energy consumed in electricity
production (depending on load shape),
in distribution and transmission, and in
extracting, processing, and transporting
primary fuels (i.e., coal, natural gas,
petroleum fuels), and thus present a
more complete picture of the impacts of
energy conservation standards.
Accordingly, DOE evaluates the
significance of energy savings on a caseby-case basis.
To determine whether a standard is
economically justified, EPCA requires
that DOE determine whether the
benefits of the standard exceed its
burdens by considering, to the greatest
extent practicable, the following seven
factors:
(1) The economic impact of the
standard on the manufacturers and
consumers of the affected products;
(2) The savings in operating costs
throughout the estimated average life of
the product compared to any increases
in the initial cost, or maintenance
expenses likely to result from the
standard;
(3) The total projected amount of
energy and water (if applicable) savings
likely to result directly from the
standard;
(4) Any lessening of the utility or the
performance of the equipment likely to
result from the standard;
(5) The impact of any lessening of
competition, as determined in writing
by the Attorney General, that is likely to
result from the standard;
(6) The need for national energy and
water conservation; and
(7) Other factors the Secretary
considers relevant.
(42 U.S.C. 6316(a); 42 U.S.C.
6295(o)(2)(B)(i)(I)–(VII))
DOE fulfills these and other
applicable requirements by conducting
a series of analyses throughout the
rulemaking process. Table I.1 shows the
individual analyses that are performed
to satisfy each of the requirements
within EPCA.
E:\FR\FM\24JAP1.SGM
24JAP1
3464
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS
EPCA requirement
Corresponding DOE analysis
Significant Energy Savings ....................................................................................................
Technological Feasibility ........................................................................................................
Economic Justification:
1. Economic Impact on Manufacturers and Consumers ................................................
2. Lifetime Operating Cost Savings Compared to Increased Cost for the Equipment ..
3. Total Projected Energy Savings .................................................................................
4. Impact on Utility or Performance ................................................................................
5. Impact of Any Lessening of Competition ....................................................................
6. Need for National Energy and Water Conservation ...................................................
7. Other Factors the Secretary Considers Relevant ......................................................
As detailed throughout this RFI, DOE
is publishing this document seeking
input and data from interested parties to
aid in the development of the technical
analyses on which DOE will ultimately
rely to determine whether (and if so,
how) to amend the standards for DPPPs.
C. Deviation From Appendix A
In accordance with Section 3(a) of 10
CFR part 430, subpart C, appendix A,
DOE notes that it is deviating from that
appendix’s provision requiring a 75 day
comment period for all pre-NOPR
standards documents. 10 CFR part 430,
subpart C, appendix A, section 6(d)(2).
DOE is opting to deviate from this step
because DOE believes that 30 days is a
sufficient time to respond to this initial
rulemaking document given stakeholder
engagement and participation in prior
rulemaking activities regarding
dedicated-purpose pool pumps.
jspears on DSK121TN23PROD with PROPOSALS1
II. Request for Information and
Comments
A. Equipment Covered by This Process
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
Shipments Analysis.
National Impact Analysis.
Energy and Water Use Analysis.
Market and Technology Assessment.
Screening Analysis.
Engineering Analysis.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Manufacturer Impact Analysis.
Life-Cycle Cost and Payback Period Analysis.
Consumer Subgroup Analysis.
Shipments Analysis.
Markups for Equipment Price Determination.
Energy and Water Use Analysis.
Life-Cycle Cost and Payback Period Analysis.
Shipments Analysis.
National Impact Analysis.
Screening Analysis.
Engineering Analysis.
Manufacturer Impact Analysis.
Shipments Analysis.
National Impact Analysis.
Employment Impact Analysis.
Utility Impact Analysis.
Emissions Analysis.
Monetization of Emission Reductions Benefits.
Regulatory Impact Analysis.
definitions for DPPPs were established
by a test procedure final rule published
on August 7, 2017. 82 FR 36858.
Issue 1: DOE requests comment on
whether the definitions for DPPPs
require any revisions—and if so, how
those definitions should be revised.
DOE also requests feedback on whether
the sub-category definitions currently in
place are appropriate or whether further
modifications are needed. If these subcategory definitions need modifying,
DOE seeks specific input on how to
define these terms and why such
modifications are needed.
Issue 2: DOE requests comment on
whether additional equipment
definitions are necessary to close any
potential gaps in coverage between
equipment varieties. DOE also seeks
input on whether such equipment
currently exist in the market or whether
they are being planned for introduction.
B. Market and Technology Assessment
In the following sections, DOE has
identified a variety of issues on which
it seeks input to aid in the development
of the technical and economic analyses
regarding whether amended standards
for DPPPs.
This RFI covers those products that
meet the definitions of DPPPs, as
codified at 10 CFR 431.462. The
•
•
•
•
•
•
The market and technology
assessment that DOE routinely conducts
when analyzing the impacts of a
potential new or amended energy
conservation standard provides
information about the DPPP industry
that will be used in DOE’s analysis
throughout the rulemaking process.
DOE uses qualitative and quantitative
information to characterize the structure
of the industry and market. DOE
identifies manufacturers, estimates
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
market shares and trends, addresses
regulatory and non-regulatory initiatives
intended to improve energy efficiency
or reduce energy consumption, and
explores the potential for efficiency
improvements in the design and
manufacturing of DPPPs. DOE also
reviews equipment literature, industry
publications, and company websites.
Additionally, DOE considers conducting
interviews with manufacturers to
improve its assessment of the market
and available technologies for DPPPs.
1. Equipment Classes
When evaluating and establishing
energy conservation standards, DOE
may divide covered equipment into
equipment classes by the type of energy
used, or by capacity or other
performance-related features that justify
a different standard. (42 U.S.C. 6316(a);
42 U.S.C. 6295(q)(1)) In determining
whether capacity or another
performance-related feature justifies a
different standard, DOE must consider
such factors as the utility of the feature
to the consumer and other factors DOE
deems appropriate. (Id.)
For DPPPs, the current energy
conservation standards specified in 10
CFR 431.465 are based on the following
performance-related features: Strainer or
filtration accessory, self-priming ability,
pump capacity, and rotational speed.
Table II.1 lists the seven current
equipment classes for DPPPs.
E:\FR\FM\24JAP1.SGM
24JAP1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
3465
TABLE II.1—CURRENT DEDICATED-PURPOSE POOL PUMPS EQUIPMENT CLASSES
Equipment class
jspears on DSK121TN23PROD with PROPOSALS1
1.
2.
3.
4.
5.
6.
7.
Standard-Size Self-Priming Pool Filter Pump (0.711 hp ≤ hhp < 2.5 hp).
Small-Size Self-Priming Pool Filter Pump (hhp < 0.711 hp).
Non-Self-Priming Pool Filter Pump (hhp < 2.5 hp).
Pressure Cleaner Booster Pump.
Waterfall Pump.
Integral Cartridge Filter Pool Pump.
Integral Sand Filter Pool Pump.
Issue 3: DOE requests feedback on the
current DPPP equipment classes and
whether changes to these individual
equipment classes and their
descriptions should be made or if novel
equipment can be classified as multiple
different units.
The DPPPs ASRAC Working Group
limited its scope to self-priming and
non-self-priming pool filter pumps with
hydraulic output power less than 2.5
horsepower, as those pumps are
typically installed in residential
applications (Docket No. EERE–2015–
BT–0008, No. 82, pp. 1–2). Very large
pool filter pumps, with hydraulic
output of 2.5 horsepower or more, are
more commonly installed in commercial
applications, where the head and flow
characteristics are significantly different
from residential installations. The
ASRAC DPPP Working Group also
noted a lack of performance data for
these very large pool filter pumps,
which prevented the group from
negotiating standards for these pumps.
(Docket No. EERE–2015–BT–STD–0008,
No. 53 at pp. 197–198; Docket No.
EERE–2015–BT–STD–0008, No. 79 at
pp. 33–34, pp. 41–42, pp. 44–48, pp.
50–53).
Following adoption of the test
procedure and energy conservation
standards for DPPPs, manufacturers
identified several models of DPPPs that
are designed and marketed for
commercial applications, but do in fact
have hydraulic output power less than
2.5 horsepower. The Office of the
General Counsel has issued an
enforcement policy statement regarding
these DPPPs.5 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; and
(2) The pump has a measured
performance of ≥200 gallons per minute
5 www.energy.gov/gc/articles/direct-purpose-poolpumps-enforcement-policy.
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
(gpm) at 50 feet of head as determined
in accordance with appendices B or 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.
As explained in the enforcement
policy statement, these pumps were not
considered during the ASRAC
negotiations, but were not explicitly
exempted in the regulatory text.
Issue 4: DOE seeks information
regarding any other new equipment
classes it should consider for inclusion
in its analysis. Specifically, DOE
requests information on performancerelated features that provide unique
consumer utility and data detailing the
corresponding impacts on energy use
that would justify separate equipment
classes (i.e., explanation for why the
presence of these performance-related
features would increase energy
consumption).
2. Technology Assessment
In analyzing the feasibility of
potential new or amended energy
conservation standards, DOE uses
information about existing and past
technology options and prototype
designs to help identify technologies
that manufacturers could use to meet
and/or exceed a given set of energy
conservation standards under
consideration. In consultation with
interested parties, DOE intends to
develop a list of technologies to
consider in its analysis. That analysis
will likely include a number of the
technology options DOE previously
considered during its most recent
rulemaking for DPPPs. A complete list
of those prior options appears in Table
II.2. See also 82 FR 5650, 5676–5679.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
TABLE II.2—TECHNOLOGY OPTIONS
CONSIDERED IN THE DEVELOPMENT
OF THE JANUARY 2017 DIRECT
FINAL RULE
Improved motor efficiency.
Ability to Operate at Reduced Speed.
Improved Hydraulic Design.
Pool Pump Timer.
Issue 5: DOE seeks information on the
technology options listed in Table II.2
regarding their applicability to the
current market and how these
technologies may impact the efficiency
of DPPPs as measured according to the
DOE test procedure. DOE also seeks
information on how these technologies
may have changed since their prior
consideration during the January 2017
Direct Final Rule analysis. Specifically,
DOE seeks information on the range of
efficiencies or performance
characteristics that are currently
available for each technology option.
Issue 6: DOE seeks comment on other
technology options that it should
consider for inclusion in its analysis
and details regarding the extent to
which these technologies may impact
equipment features or consumer utility.
DOE also seeks input regarding the costeffectiveness of implementing these
options.
Issue 7: DOE seeks comment on other
technology options that it should
consider for inclusion in its analysis
and if these technologies may impact
product features or consumer utility.
C. Screening Analysis
The purpose of the screening analysis
is to evaluate the technologies that
improve equipment efficiency to
determine which technologies will be
eliminated from further consideration
and which will be passed to the
engineering analysis for further
consideration.
DOE determines whether to eliminate
certain technology options from further
consideration based on the following
criteria:
(1) Technological feasibility.
Technologies that are not incorporated
in commercial equipment or in working
E:\FR\FM\24JAP1.SGM
24JAP1
jspears on DSK121TN23PROD with PROPOSALS1
3466
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
prototypes will not be considered
further.
(2) Practicability to manufacture,
install, and service. If it is determined
that mass production of a technology in
commercial equipment and reliable
installation and servicing of the
technology could not be achieved on the
scale necessary to serve the relevant
market at the time of the compliance
date of the standard, then that
technology will not be considered
further.
(3) Impacts on equipment utility or
equipment availability. If a technology
is determined to have significant
adverse impact on the utility of the
equipment to significant subgroups of
consumers, or result in the
unavailability of any covered equipment
type with performance characteristics
(including reliability), features, sizes,
capacities, and volumes that are
substantially the same as equipment
generally available in the United States
at the time, it will not be considered
further.
(4) Adverse impacts on health or
safety. If it is determined that a
technology will have significant adverse
impacts on health or safety, it will not
be considered further.
(5) Unique-Pathway Proprietary
Technologies. If a design option utilizes
proprietary technology that represents a
unique pathway to achieving a given
efficiency level, that technology will not
be considered further due to the
potential for monopolistic concerns. 10
CFR 431.4; 10 CFR part 430, subpart C,
appendix A, sections 6(b)(3) and 7(b).
Technology options identified in the
technology assessment are evaluated
against these criteria using DOE
analyses and inputs from interested
parties (e.g., manufacturers, trade
organizations, and energy efficiency
advocates). Technologies that pass
through the screening analysis are
referred to as ‘‘design options’’ in the
engineering analysis. Technology
options that fail to meet one or more of
the five criteria are eliminated from
consideration.
None of the technology options listed
in Table II.2 were screened out in the
January 2017 Direct Final Rule.
Issue 8: DOE requests feedback on
what impact, if any, the five screening
criteria described in this section would
have on each of the technology options
listed in Table II.2 and Table II.3 of this
RFI with respect to DPPPs. Similarly,
DOE seeks information regarding how
these same criteria would affect any
other technology options not already
identified in this document with respect
to their potential use in DPPPs.
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
D. Engineering Analysis
The purpose of the engineering
analysis is to establish the relationship
between the efficiency and cost of
DPPPs. There are two elements to
consider in the engineering analysis; the
selection of efficiency levels to analyze
(i.e., the ‘‘efficiency analysis’’) and the
determination of product cost at each
efficiency level (i.e., the ‘‘cost
analysis’’). In determining the
performance of higher-efficiency
equipment, DOE considers technologies
and design option combinations not
eliminated by the screening analysis.
For each equipment class, DOE
estimates the baseline cost, as well as
the incremental cost for the product/
equipment at efficiency levels above the
baseline. The output of the engineering
analysis is a set of cost-efficiency
‘‘curves’’ that are used in downstream
analyses (i.e., the life-cycle cost (‘‘LCC’’)
and payback period (‘‘PBP’’) analyses
and the NIA).
1. Efficiency Analysis
DOE typically uses one of two
approaches to develop energy efficiency
levels for the engineering analysis: (1)
Relying on observed efficiency levels in
the market (i.e., the efficiency-level
approach), or (2) determining the
incremental efficiency improvements
associated with incorporating specific
design options to a baseline model (i.e.,
the design-option approach). Using the
efficiency-level approach, the efficiency
levels established for the analysis are
determined based on the market
distribution of existing products (in
other words, based on the range of
efficiencies and efficiency level
‘‘clusters’’ that already exist on the
market). Using the design option
approach, the efficiency levels
established for the analysis are
determined through detailed
engineering calculations and/or
computer simulations of the efficiency
improvements from implementing
specific design options that have been
identified in the technology assessment.
DOE may also rely on a combination of
these two approaches. For example, the
efficiency-level approach (based on
actual products on the market) may be
extended using the design option
approach to interpolate to define ‘‘gap
fill’’ levels (to bridge large gaps between
other identified efficiency levels) and/or
to extrapolate to the max-tech level
(particularly in cases where the maxtech level exceeds the maximum
efficiency level currently available on
the market).
For each established equipment class,
DOE selects a baseline model as a
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
reference point against which any
changes resulting from new or amended
energy conservation standards can be
measured. The baseline model in each
equipment class represents the
characteristics of common or typical
equipment in that class. Typically, a
baseline model is one that meets the
current minimum energy conservation
standards and provides basic consumer
utility. Consistent with this analytical
approach, DOE tentatively plans to
consider the current minimum energy
conservation standards (which went
into effect July 19, 2021) to establish
baseline efficiency levels for each
equipment class group. The current
standards for each equipment class are
found at 10 CFR 431.465(f)–(h).
Issue 9: DOE requests feedback
(including data) on whether the current
established energy conservation
standards for DPPPs appropriate
baseline efficiency levels for DOE are to
apply to each equipment class group in
evaluating whether to amend the
current energy conservation standards
for these equipment classes.
Issue 10: DOE requests feedback on
the appropriate baseline efficiency
levels for any equipment classes that are
not currently in place, such as pool
filter pumps with hydraulic horsepower
greater than or equal to 2.5 horsepower,
or DPPPs subject to the enforcement
policy.
As part of DOE’s analysis, the
maximum available efficiency level is
the most efficient unit currently
available on the market. For the January
2017 Direct Final Rule, DOE did not
directly analyze every available DPPP
capacity. Rather, DOE selected and
analyzed certain representative
capacities from each equipment class
and based its overall analysis for each
equipment class on those representative
units. The representative units from
each equipment class were determined
based on horsepower ratings, in
addition to corresponding shipment
volumes, examination of manufacturers’
catalog data, and soliciting feedback
from interested parties.
DOE defines a max-tech efficiency
level to represent the theoretical
maximum possible efficiency if all
available design options are
incorporated in a model. In applying
these design options, DOE would only
include those that are compatible with
each other that when combined, would
represent the theoretical maximum
possible efficiency. In many cases, the
max-tech efficiency level is not
commercially available because it is not
economically feasible. In the January
2017 Direct Final Rule, DOE determined
max-tech efficiency levels using energy
E:\FR\FM\24JAP1.SGM
24JAP1
3467
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
classes. While all these equipment
configurations had not likely been
tested as prototypes, all the individual
design options had been incorporated in
available equipment, and therefore a
compatible combination of the design
modeling as well as input from
interested parties during negotiation.
These energy models were based on
using various technology options (as
discussed in section II.B.2 of this RFI)
applicable to specific equipment
options used for max-tech is
theoretically possible. The max-tech
efficiency levels analyzed in the January
2017 Direct Final Rule are included in
Table II.3.
TABLE II.3—MAX-TECH EFFICIENCY LEVELS ANALYZED IN THE JANUARY 2017 DIRECT FINAL RULE
Pump variety
1 .....................
Standard-Size Self-Priming Pool Filter Pump .....................................
2
3
4
5
6
Small-Size Self-Priming Pool Filter Pump ...........................................
Standard-Size Non-Self-Priming Pool Filter Pump .............................
Extra-Small Non-Self-Priming Pool Filter Pump .................................
Pressure Cleaner Booster Pump ........................................................
Waterfall Pump ....................................................................................
.....................
.....................
.....................
.....................
.....................
Issue 11: DOE seeks input on whether
it is appropriate to use the same
representative units for the purpose of
the engineering analysis.
Issue 12: DOE seeks input on whether
the max-tech efficiency levels presented
in Table II.3 are appropriate and
technologically feasible for potential
consideration as possible energy
conservation standards—and if not, why
not. DOE also requests feedback on
whether the max-tech efficiencies
presented in Table II.3 of this RFI are
representative of other pump capacities
not directly analyzed in the January
2017 Direct Final Rule. If the range of
possible efficiencies is different for the
other pump capacities not analyzes,
what alternative approaches should
DOE consider using for those pump
capacities and why?
Issue 13: DOE seeks feedback on what
design options would be incorporated
for each equipment class at a max-tech
efficiency level, and the efficiencies
associated with those levels.
Issue 14: DOE requests feedback on
the appropriate max-tech efficiency
levels for any equipment classes that are
not currently in place, such as pool
filter pumps with hydraulic horsepower
greater than or equal to 2.5 horsepower,
or DPPPs subject to the enforcement
policy.
2. Cost Analysis
jspears on DSK121TN23PROD with PROPOSALS1
Motor
nameplate
efficiency
at high speed
(%)
Equipment
class
The cost analysis portion of the
engineering analysis is conducted using
one or a combination of cost
approaches. The selection of cost
approach depends on a suite of factors,
including availability and reliability of
public information, characteristics of
the regulated product, and the
availability and timeliness of
purchasing the equipment on the
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
market. The cost approaches are
summarized as follows:
• Physical teardowns: Under this
approach, DOE physically dismantles a
commercially available product,
component-by-component, to develop a
detailed bill of materials for the product.
• Catalog teardowns: In lieu of
physically deconstructing a product,
DOE identifies each component using
parts diagrams (available from
manufacturer websites or appliance
repair websites, for example) to develop
the bill of materials for the product.
• Price surveys: If neither a physical
nor catalog teardown is feasible (for
example, for tightly integrated products
such as fluorescent lamps, which are
infeasible to disassemble and for which
parts diagrams are unavailable) or costprohibitive and otherwise impractical
(e.g., large commercial boilers), DOE
conducts price surveys using publicly
available pricing data published on
major online retailer websites and/or by
soliciting prices from distributors and
other commercial channels.
The bill of materials provides the
basis for the manufacturer production
cost (‘‘MPC’’) estimates. DOE then
applies a manufacturer markup to
convert the MPC to manufacturer selling
price (‘‘MSP’’). The manufacturer
markup accounts for costs such as
overhead and profit. The resulting bill
of materials provides the basis for the
manufacturer production cost (‘‘MPC’’)
estimates.
As described at the beginning of this
section, the main outputs of the
engineering analysis are cost-efficiency
relationships that describe the estimated
increases in manufacturer production
cost associated with higher-efficiency
equipment for the analyzed equipment
classes. For the January 2017 Direct
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
Horsepower
rating
(hhp)
82
81
81
81
72
81
78
1.88
0.95
0.44
0.52
0.09
0.28
0.40
Weighted
energy factor,
WEF
(kgal/kWh)
6.97
8.59
11.71
11.96
5.14
0.56
9.85
Final Rule, DOE developed the costefficiency relationships by estimating
the efficiency improvements and costs
associated with incorporating specific
design options into the assumed
baseline model for each analyzed
equipment class.
Issue 15: DOE requests feedback on
whether manufacturers would
incorporate the technology options
listed in Table II.2 of this RFI to increase
energy efficiency of DPPPs beyond the
baseline, and if so, how. This includes
information on the order in which
manufacturers would incorporate the
different technologies to incrementally
improve the efficiencies of equipment.
DOE also requests feedback on whether
the increased energy efficiency of DPPPs
would lead to other design changes that
would not occur otherwise, and if so,
what those changes would be. DOE is
also interested in information regarding
any potential impact of adopting a given
design option on a manufacturer’s
ability to incorporate additional
functions or attributes in response to
consumer demand.
Issue 16: DOE also seeks input on the
increase in MPC associated with
incorporating each design option.
Specifically, DOE is interested in
whether and how the costs estimated for
design options in the January 2017
Direct Final Rule have changed since
the time of that analysis. DOE also
requests information on the investments
needed to incorporate specific design
options, including, but not limited to,
costs related to new or modified tooling
(if any), materials, engineering and
development efforts to implement each
design option, and manufacturing/
production impacts.
Issue 17: DOE requests comment on
whether certain design options may not
E:\FR\FM\24JAP1.SGM
24JAP1
3468
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
be applicable to (or incompatible with)
specific equipment classes.
To account for manufacturers’ nonproduction costs and profit margin, DOE
applies a non-production cost multiplier
(the manufacturer markup) to the MPC.
The resulting manufacturer selling price
(‘‘MSP’’) is the price at which the
manufacturer distributes a unit into
commerce. For the 2017 Direct Final
Rule, DOE used a manufacturer markup
of 1.46 for self-priming pool filter
pumps and waterfall pumps, 1.35 for
non-self-priming pool filter pumps and
pressure cleaner booster pool pumps,
and 1.27 for integral cartridge-filter pool
pumps and integral sand-filter pool
pumps. DOE developed these estimated
markups based on corporate reports and
conversations with manufacturers and
experts. See chapter 6 of the January
2017 Direct Final Rule TSD for further
detail.
Issue 18: DOE requests feedback on
whether the manufacturer markups used
in the January 2017 Direct Final Rule
are still appropriate for DOE to use
when evaluating whether to amend its
current standards. If the markups
require revision, what specific revisions
are needed for each? Are there
additional markups that DOE should
also consider—if so, which ones and
why?
E. Markup Analysis
DOE derives customer prices based on
manufacturer markups, retailer
markups, distributor markups,
contractor markups (where appropriate),
and sales taxes. In deriving these
markups, DOE determines the major
distribution channels for product sales,
the markup associated with each party
in each distribution channel, and the
existence and magnitude of differences
between markups for baseline products
(‘‘baseline markups’’) and higherefficiency products (‘‘incremental
markups’’). The identified distribution
channels (i.e., how the products are
distributed from the manufacturer to the
consumer), and estimated relative sales
volumes through each channel are used
in generating end-user price inputs for
the LCC analysis and national impact
analysis (‘‘NIA’’). In the January 2017
Direct Final Rule, DOE accounted for
three distribution channels for
dedicated-purpose pool pumps: Two for
replacements of pool pumps for an
existing swimming pool and one for
installations of a pool pump in a new
swimming pool. DOE also estimated the
fraction of pool pumps distributed
through each channel:
Existing Pool:
Manufacturer → Wholesaler → Pool
Service Contractor → Consumer
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
(75%)
Manufacturer → Pool Product Retailer
→ Consumer (20%)
New Pool:
Manufacturer → Pool Builder →
Consumer (5%)
82 FR 5650, 5698.
In addition, in DOE’s analysis in the
January 2017 Direct Final Rule, in some
cases only the motor component is
replaced rather than the entire pool
pump. Therefore, DOE also considered
distribution channels to account for
how motors are distributed in the motor
replacement market:
Motor Manufacturer → Wholesaler →
Contractor → Consumer (25%)
Motor Manufacturer → Wholesaler →
Retailer → Consumer via internet or
direct sale at local stores (25%)
Pump Manufacturer → Pump Product
Retailer → Consumer (50%)
82 FR 5650, 5696.
Issue 19: DOE requests information on
the existence of any distribution
channels other than the channels that
were identified in the January 2017
Direct Final Rule and as described in
section E. DOE also requests data on the
fraction of sales that go through these
channels and any other identified
channels.
pumps with hydraulic horsepower
greater than or equal to 2.5 horsepower,
or DPPPs subject to the enforcement
policy, including (1) power inputs, (2)
operating hours, and (3) annual days of
operation.
F. Energy Use Analysis
As part of the rulemaking process,
DOE conducts an energy use analysis to
identify how equipment is used by
consumers, and thereby determine the
energy savings potential of energy
efficiency improvements. The energy
use analysis is meant to represent the
energy consumption of a given product
or equipment when used in the field.
In the January 2017 Direct Final Rule,
DOE determined the annual energy
consumption of DPPPs by multiplying
the average daily unit energy
consumption (‘‘UEC’’) by the annual
days of operation. For single-speed pool
pumps, the daily UEC is the pool pump
power multiplied by the daily operating
hours. For two-speed and variable-speed
pool pumps, the daily UEC is the sum
of low-speed mode power, multiplied
by daily low-speed operating hours, and
the high-speed mode power, multiplied
by the daily high-speed operating hours.
82 FR 5650, 5697. DOE’s determination
of power inputs, operating hours, and
annual days of operation are described
in detail in the January 2017 Direct
Final Rule. 82 FR 5650, 5697–5700.
Issue 20: DOE requests information on
whether any of the data or assumptions
used to estimate average annual energy
use for DPPPs need to be updated, and
if so why and how.
Issue 21: DOE requests comment on
the energy use patterns of pool filter
1. Installation, Maintenance, and Repair
Costs
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
G. Life-Cycle Cost and Payback Analysis
DOE conducts the LCC and PBP
analysis to evaluate the economic effects
of potential energy conservation
standards for DPPPs on individual
customers. For any given efficiency
level, DOE measures the PBP and the
change in LCC relative to an estimated
baseline level. The LCC is the total
customer expense over the life of the
equipment, consisting of purchase,
installation, and operating costs
(expenses for energy use, maintenance,
and repair). Inputs to the calculation of
total installed cost include the cost of
the equipment—which includes MSPs,
distribution channel markups, and sales
taxes—and installation costs. Inputs to
the calculation of operating expenses
include annual energy consumption,
energy prices and price projections,
repair and maintenance costs,
equipment lifetimes, discount rates, and
the year that compliance with new and
amended standards is required.
In the January 2017 Direct Final Rule,
DOE only accounted for the difference
in installation cost by efficiency level.
Specifically, for two-speed pumps, DOE
included the cost of a timer control and
its installation where applicable. For
two-speed and variable-speed pumps,
DOE included supplemental installation
labor costs. 82 FR 5650, 5701. DOE also
assumed that for maintenance cost,
there is no change with efficiency level,
so DOE did not include those costs in
the model. 82 FR 5650, 5702. Finally,
for repair costs, DOE accounted for the
cost of a motor replacement. DOE
estimated that such replacement occurs
at the halfway point in a pump’s
lifetime, but only for those dedicatedpurpose pool pumps whose lifetime
exceeds the average lifetime for the
relevant equipment class. The cost of
the motor was determined through the
engineering and markups analysis. DOE
used 2015 RS Means to estimate labor
costs for pump motor replacement. Id.
Issue 22: DOE requests feedback and
data on its assumptions regarding
installation and maintenance costs
described in section G as well as for any
technology options listed in Table II.2 of
this RFI.
Issue 23: To the extent that these costs
differ by efficiency level, DOE seeks
E:\FR\FM\24JAP1.SGM
24JAP1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
supporting data and the reasons for
those differences.
Issue 24: DOE requests information
and data on the frequency of repair and
repair costs by equipment class for
motor replacement or for any of the
technology options listed in Table II.2 of
this RFI.
2. Equipment Lifetime
In the January 2017 Direct Final Rule,
DOE developed a survival function,
which provides a distribution of lifetime
ranging from a minimum of 2 or 3 years
based on warranty covered period, to a
maximum of 15 years, with a mean
value of 7 years for self-priming and
waterfall pumps, 5 years for non-selfpriming and pressure cleaner booster
pumps, and 4 years for integral pumps.
These values are applicable to pumps in
residential applications. For commercial
applications, DOE scaled the lifetime to
acknowledge the higher operating hours
compared to residential applications,
resulting in a reduced average lifetime.
82 FR 5650, 5702.
Issue 25: DOE requests comment on
whether the lifetime values continue to
be appropriate for pool pumps currently
subject to standards, and if not, how
they should be changed.
Issue 26: DOE requests information on
the lifetime of pool filter pumps with
hydraulic horsepower greater than or
equal to 2.5 horsepower and DPPPs
subject to the enforcement policy.
jspears on DSK121TN23PROD with PROPOSALS1
H. Shipments
DOE develops shipments projections
of DPPPs to calculate the national
impacts of potential amended energy
conservation standards on energy
consumption, net present value
(‘‘NPV’’), and future manufacturer cash
flows. In the January 2017 Final Rule,
DOE estimated shipments in 2015 using
data collected from manufacturer
interview. DOE projected shipments
using growth rates obtained from
manufacturer interviews, a consulting
report, and several macroeconomic
indicators. 82 FR 5650, 5703.
Issue 27: DOE requests 2020 annual
sales data (i.e., number of shipments) for
dedicated-purpose pool pumps and
corresponding equipment classes
(including those for pool filter pumps
with hydraulic horsepower greater than
or equal to 2.5 horsepower and DPPPs
subject to the enforcement policy). For
each class, DOE also requests the
fraction of sales by class that are
ENERGY STAR-qualified, as well as the
fraction of sales by class that are singlespeed, two-speed, or multi- and
variable-speed.
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
Issue 28: If available, DOE requests
the same information for the previous
five years (2015–2019).
I. Manufacturer Impact Analysis
The purpose of the manufacturer
impact analysis (‘‘MIA’’) is to estimate
the financial impact of amended energy
conservation standards on
manufacturers of DPPPs, and to evaluate
the potential impact of such standards
on direct employment and
manufacturing capacity. The MIA
includes both quantitative and
qualitative aspects. The quantitative
part of the MIA primarily relies on the
Government Regulatory Impact Model
(‘‘GRIM’’), an industry cash-flow model
adapted for each equipment in this
analysis, with the key output of industry
net present value (‘‘INPV’’). The
qualitative part of the MIA addresses the
potential impacts of energy conservation
standards on manufacturing capacity
and industry competition, as well as
factors such as equipment
characteristics, impacts on particular
subgroups of firms, and important
market and equipment trends.
As part of the MIA, DOE intends to
analyze impacts of amended energy
conservation standards on subgroups of
manufacturers of covered equipment,
including small business manufacturers.
DOE uses the Small Business
Administration’s (‘‘SBA’’) small
business size standards to determine
whether manufacturers qualify as small
businesses, which are listed by the
applicable North American Industry
Classification System (‘‘NAICS’’) code.6
Manufacturing of DPPPs is classified
under NAICS code 333914, ‘‘Measuring,
Dispensing, and Other Pumping
Equipment Manufacturing,’’ and the
SBA sets a threshold of 750 employees
or less for a domestic entity to be
considered as a small business. This
employee threshold includes all
employees in a business’ parent
company and any other subsidiaries.
One aspect of assessing manufacturer
burden involves examining the
cumulative impact of multiple DOE
standards and the equipment-specific
regulatory actions of other Federal
agencies that affect the manufacturers of
a covered equipment. While any one
regulation may not impose a significant
burden on manufacturers, the combined
effects of several existing or impending
regulations may have serious
consequences for some manufacturers,
groups of manufacturers, or an entire
industry. Assessing the impact of a
single regulation may overlook this
6 Available online at sba.gov/document/support-table-size-standards.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
3469
cumulative regulatory burden. In
addition to energy conservation
standards, other regulations can
significantly affect manufacturers’
financial operations. Multiple
regulations affecting the same
manufacturer can strain profits and lead
companies to abandon equipment lines
or markets with lower expected future
returns than competing equipment. For
these reasons, DOE conducts an analysis
of cumulative regulatory burden as part
of its rulemakings pertaining to
appliance efficiency.
Issue 29: To the extent feasible, DOE
seeks the names and contact
information of any domestic or foreignbased manufacturers that distribute
DPPPs in the United States.
Issue 30: DOE identified small
businesses as a subgroup of
manufacturers that could be
disproportionally impacted by amended
energy conservation standards. DOE
requests the names and contact
information of small business
manufacturers, as defined by the SBA’s
size threshold, of DPPPs that
manufacture equipment in the United
States. In addition, DOE requests
comment on any other manufacturer
subgroups that could be
disproportionally impacted by amended
energy conservation standards. DOE
requests feedback on any potential
approaches that could be considered to
address impacts on manufacturers,
including small businesses.
Issue 31: DOE requests information
regarding the cumulative regulatory
burden impacts on manufacturers of
DPPPs associated with (1) other DOE
standards applying to different
equipment that these manufacturers
may also make and (2) equipmentspecific regulatory actions of other
Federal agencies. DOE also requests
comment on its methodology for
computing cumulative regulatory
burden and whether there are any
flexibilities it can consider that would
reduce this burden while remaining
consistent with the requirements of
EPCA.
III. Submission of Comments
DOE invites all interested parties to
submit in writing by the date specified
in the DATES section of this document,
comments and information on matters
addressed in this document and on
other matters relevant to DOE’s
consideration of amended energy
conservations standards for DPPPs.
After the close of the comment period,
DOE will review the public comments
received and may begin collecting data
and conducting the analyses discussed
in this document.
E:\FR\FM\24JAP1.SGM
24JAP1
jspears on DSK121TN23PROD with PROPOSALS1
3470
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page requires
you to provide your name and contact
information. Your contact information
will be viewable to DOE Building
Technologies Office staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment. If
this instruction is followed, persons
viewing comments will see only first
and last names, organization names,
correspondence containing comments,
and any documents submitted with the
comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
VerDate Sep<11>2014
17:07 Jan 21, 2022
Jkt 256001
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. No faxes
will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format.
Provide documents that are not secured,
written in English and free of any
defects or viruses. Documents should
not contain special characters or any
form of encryption and, if possible, they
should carry the electronic signature of
the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: One copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing energy conservation
standards. DOE actively encourages the
participation and interaction of the
public during the comment period in
this process. Interactions with and
between members of the public provide
a balanced discussion of the issues and
assist DOE. Anyone who wishes to be
added to the DOE mailing list to receive
future notices and information about
this process or would like to request a
public meeting should contact
Appliance and Equipment Standards
Program staff at (202) 287–1445 or via
email at
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
ApplianceStandardsQuestions@
ee.doe.gov.
Signing Authority
This document of the Department of
Energy was signed on January 12, 2022,
by Kelly J. Speakes-Backman, Principal
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on January 12,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–00849 Filed 1–21–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–1185; Project
Identifier AD–2021–00339–E]
RIN 2120–AA64
Airworthiness Directives; Honeywell
International, Inc. (Type Certificate
Previously Held by AlliedSignal, Inc.
and Textron Lycoming) Turboshaft
Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2002–03–01, which applies to all
Honeywell International, Inc.
(Honeywell) T53 model turboshaft
engines. AD 2002–03–01 requires initial
and repetitive special vibration tests of
the engine, and if necessary replacement
with a serviceable reduction gearbox
assembly, or a serviceable engine before
further flight. Since the FAA issued AD
2002–03–01, the FAA received reports
that two additional Honeywell model
turboshaft engines, not captured in AD
2002–03–01, are also subject to
SUMMARY:
E:\FR\FM\24JAP1.SGM
24JAP1
Agencies
[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3461-3470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00849]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2022-BT-STD-0001]
Energy Conservation Program: Energy Conservation Standards for
Dedicated-Purpose Pool Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an
effort to determine whether to amend the current energy conservation
standards for dedicated-purpose pool pumps
[[Page 3462]]
(``DPPPs''). Under the Energy Policy and Conservation Act, as amended,
DOE must review these standards at least once every six years and
publish either a notice of proposed rulemaking (``NOPR'') to propose
new standards for DPPPs or a notification of determination that the
existing standards do not need to be amended. This request for
information (``RFI'') solicits information from the public to help DOE
determine whether amended standards for DPPPs would result in
significant energy savings and whether such standards would be
technologically feasible and economically justified. DOE also welcomes
written comments from the public on any subject within the scope of
this document (including those topics not specifically raised), as well
as the submission of data and other relevant information.
DATES: Written comments and information are requested and will be
accepted on or before February 23, 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, identified by docket number EERE-2022-BT-STD-0001,
by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to [email protected]. Include docket number
EERE-2022-BT-STD-0001 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including 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
suspending receipt of public comments via postal mail and hand
delivery/courier. If a commenter finds that this change poses an undue
hardship, please contact Appliance Standards Program staff at (202)
586-1445 to discuss the need for alternative arrangements. Once the
COVID-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at www.regulations.gov. All documents in the
docket are listed in the www.regulations.gov index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-STD-0001. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
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].
Amelia Whiting, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-2588; Email: [email protected].
For further information on how to submit a comment or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking Process
C. Deviation From Appendix A
II. Request for Information and Comments
A. Equipment Covered by This Process
B. Market and Technology Assessment
1. Equipment Classes
2. Technology Assessment
C. Screening Analysis
D. Engineering Analysis
1. Efficiency Analysis
2. Cost Analysis
E. Markup Analysis
F. Energy Use Analysis
G. Life-Cycle Cost and Payback Analysis
1. Installation, Maintenance, and Repair Costs
2. Equipment Lifetime
H. Shipments
I. Manufacturer Impact Analysis
III. Submission of Comments
I. Introduction
A. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317). Title III, Part C \2\ of EPCA (42 U.S.C. 6311-6317, as
codified), 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 defines ``pump'' as equipment
designed to move liquids (which may include entrained gases, free
solids, and totally dissolved solids) by physical or mechanical action
and includes a bare pump and, if included by the manufacturer at the
time of sale, mechanical equipment, driver, and controls. 10 CFR
431.462. Dedicated-purpose pool pumps, which are the subject of this
RFI, meet this definition of a pump and are covered under the pump
equipment type.
---------------------------------------------------------------------------
\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).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
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).
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 set
forth under EPCA. (42 U.S.C. 6316(a) (applying the preemption waiver
provisions of 42 U.S.C. 6297))
EPCA also requires that, not later than 6 years after the issuance
of any final rule establishing or amending a standard, DOE evaluate the
energy conservation standards for each type of
[[Page 3463]]
covered equipment, including those at issue here, and publish either a
notification of determination that the standards do not need to be
amended, or a NOPR that includes new proposed energy conservation
standards (proceeding to a final rule, as appropriate). (42 U.S.C.
6316(a); 42 U.S.C. 6295(m)(1)) If DOE determines not to amend a
standard based on the statutory criteria, not later than 3 years after
the issuance of a final determination not to amend standards, DOE must
publish either a notification of determination that standards for the
product do not need to be amended, or a NOPR including new proposed
energy conservation standards (proceeding to a final rule, as
appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(B)) DOE must
make the analysis on which a determination is based publicly available
and provide an opportunity for written comment. (42 U.S.C. 6316(a); 42
U.S.C. 6295(m)(2))
In proposing new standards, DOE must evaluate that proposal against
the criteria of 42 U.S.C. 6295(o), as described in the following
section, and follow the rulemaking procedures set out in 42 U.S.C.
6295(p). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)(B)) If DOE decides to
amend the standard based on the statutory criteria, DOE must publish a
final rule not later than two years after energy conservation standards
are proposed. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(A))
On January 18, 2017, DOE published a direct final rule (``January
2017 Direct Final Rule'') \3\ to codify energy conservation standards
for DPPPs manufactured or imported to the United States. 82 FR 5650.
The energy conservation standards are consistent with the
recommendations of the Appliance Standards Rulemaking Federal Advisory
Committee (``ASRAC'') negotiated rulemaking working group for
dedicated-purpose pool pumps (82 FR 5650, 5658). (Docket No. EERE-2015-
BT-STD-0008, Nos. 51 and 82) The current energy conservation standards
are located in title 10 of the Code of Federal Regulations (``CFR'')
part 431, section 465(f)-(h). DOE established performance-based
standards, expressed in terms of weighted energy factor (``WEF''), for
certain DPPP classes. 10 CFR 431.465(f). For certain classes of DPPPs,
including those classes subject to the performance standards, DOE
established a design requirement. 10 CFR 431.465(g) and (h). Compliance
with the standards established for DPPPs is required on and after July
19, 2021. The currently applicable DOE test procedures for DPPPs appear
at 10 CFR part 431, subpart Y, appendices B and C (``Appendices B and
C'').
---------------------------------------------------------------------------
\3\ On May 26, 2017, DOE published a confirmation of the
effective date and compliance date for the direct final rule,
confirming adoption of the energy conservation standards established
in the direct final rule. 82 FR 24218.
---------------------------------------------------------------------------
DOE is publishing this RFI to collect data and information to
inform this rulemaking consistent with its obligations under EPCA.
B. Rulemaking Process
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered equipment. EPCA requires that any new or
amended energy conservation standard prescribed by the Secretary of
Energy (``Secretary'') be designed to achieve the maximum improvement
in energy or water efficiency that is technologically feasible and
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(A))
The Secretary may not prescribe an amended or new standard that will
not result in significant conservation of energy or is not
technologically feasible or economically justified. (42 U.S.C. 6316(a);
42 U.S.C. 6295(o)(3))
To adopt any new or amended standards for a covered product, DOE
must determine that such action would result in significant energy
savings. (42 U.S.C. 6295(o)(3)(B))
The significance of energy savings offered by a new or amended
energy conservation standard cannot be determined without knowledge of
the specific circumstances surrounding a given rulemaking.\4\ For
example, the United States has now rejoined the Paris Agreement on
February 19, 2021. As part of that agreement, the United States has
committed to reducing GHG emissions in order to limit the rise in mean
global temperature. As such, energy savings that reduce GHG emission
have taken on greater importance. Additionally, some covered products
and equipment have most of their energy consumption occur during
periods of peak energy demand. The impacts of these products on the
energy infrastructure can be more pronounced than products with
relatively constant demand. In evaluating the significance of energy
savings, DOE considers differences in primary energy and FFC effects
for different covered products and equipment when determining whether
energy savings are significant. Primary energy and FFC effects include
the energy consumed in electricity production (depending on load
shape), in distribution and transmission, and in extracting,
processing, and transporting primary fuels (i.e., coal, natural gas,
petroleum fuels), and thus present a more complete picture of the
impacts of energy conservation standards.
---------------------------------------------------------------------------
\4\ The numeric threshold for determining the significance of
energy savings established in a final rule published on February 14,
2020 (85 FR 8626, 8670), was subsequently eliminated in a final rule
published on December 13, 2021 (86 FR 70892, 70906).
---------------------------------------------------------------------------
Accordingly, DOE evaluates the significance of energy savings on a
case-by-case basis.
To determine whether a standard is economically justified, EPCA
requires that DOE determine whether the benefits of the standard exceed
its burdens by considering, to the greatest extent practicable, the
following seven factors:
(1) The economic impact of the standard on the manufacturers and
consumers of the affected products;
(2) The savings in operating costs throughout the estimated average
life of the product compared to any increases in the initial cost, or
maintenance expenses likely to result from the standard;
(3) The total projected amount of energy and water (if applicable)
savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the
equipment likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.
[[Page 3464]]
Table I.1--EPCA Requirements and Corresponding DOE Analysis
----------------------------------------------------------------------------------------------------------------
EPCA requirement Corresponding DOE analysis
----------------------------------------------------------------------------------------------------------------
Significant Energy Savings............ Shipments Analysis.
National Impact Analysis.
Energy and Water Use Analysis.
Technological Feasibility............. Market and Technology Assessment.
Screening Analysis.
Engineering Analysis.
Economic Justification:
1. Economic Impact on Manufacturer Impact Analysis.
Manufacturers and Consumers.
Life-Cycle Cost and Payback Period Analysis.
Consumer Subgroup Analysis.
Shipments Analysis.
2. Lifetime Operating Cost Savings Markups for Equipment Price Determination.
Compared to Increased Cost for
the Equipment.
Energy and Water Use Analysis.
Life-Cycle Cost and Payback Period Analysis.
3. Total Projected Energy Savings. Shipments Analysis.
National Impact Analysis.
4. Impact on Utility or Screening Analysis.
Performance.
Engineering Analysis.
5. Impact of Any Lessening of Manufacturer Impact Analysis.
Competition.
6. Need for National Energy and Shipments Analysis.
Water Conservation.
National Impact Analysis.
7. Other Factors the Secretary Employment Impact Analysis.
Considers Relevant.
Utility Impact Analysis.
Emissions Analysis.
Monetization of Emission Reductions Benefits.
Regulatory Impact Analysis.
----------------------------------------------------------------------------------------------------------------
As detailed throughout this RFI, DOE is publishing this document
seeking input and data from interested parties to aid in the
development of the technical analyses on which DOE will ultimately rely
to determine whether (and if so, how) to amend the standards for DPPPs.
C. Deviation From Appendix A
In accordance with Section 3(a) of 10 CFR part 430, subpart C,
appendix A, DOE notes that it is deviating from that appendix's
provision requiring a 75 day comment period for all pre-NOPR standards
documents. 10 CFR part 430, subpart C, appendix A, section 6(d)(2). DOE
is opting to deviate from this step because DOE believes that 30 days
is a sufficient time to respond to this initial rulemaking document
given stakeholder engagement and participation in prior rulemaking
activities regarding dedicated-purpose pool pumps.
II. Request for Information and Comments
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether amended standards for DPPPs.
A. Equipment Covered by This Process
This RFI covers those products that meet the definitions of DPPPs,
as codified at 10 CFR 431.462. The definitions for DPPPs were
established by a test procedure final rule published on August 7, 2017.
82 FR 36858.
Issue 1: DOE requests comment on whether the definitions for DPPPs
require any revisions--and if so, how those definitions should be
revised. DOE also requests feedback on whether the sub-category
definitions currently in place are appropriate or whether further
modifications are needed. If these sub-category definitions need
modifying, DOE seeks specific input on how to define these terms and
why such modifications are needed.
Issue 2: DOE requests comment on whether additional equipment
definitions are necessary to close any potential gaps in coverage
between equipment varieties. DOE also seeks input on whether such
equipment currently exist in the market or whether they are being
planned for introduction.
B. Market and Technology Assessment
The market and technology assessment that DOE routinely conducts
when analyzing the impacts of a potential new or amended energy
conservation standard provides information about the DPPP industry that
will be used in DOE's analysis throughout the rulemaking process. DOE
uses qualitative and quantitative information to characterize the
structure of the industry and market. DOE identifies manufacturers,
estimates market shares and trends, addresses regulatory and non-
regulatory initiatives intended to improve energy efficiency or reduce
energy consumption, and explores the potential for efficiency
improvements in the design and manufacturing of DPPPs. DOE also reviews
equipment literature, industry publications, and company websites.
Additionally, DOE considers conducting interviews with manufacturers to
improve its assessment of the market and available technologies for
DPPPs.
1. Equipment Classes
When evaluating and establishing energy conservation standards, DOE
may divide covered equipment into equipment classes by the type of
energy used, or by capacity or other performance-related features that
justify a different standard. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)(1))
In determining whether capacity or another performance-related feature
justifies a different standard, DOE must consider such factors as the
utility of the feature to the consumer and other factors DOE deems
appropriate. (Id.)
For DPPPs, the current energy conservation standards specified in
10 CFR 431.465 are based on the following performance-related features:
Strainer or filtration accessory, self-priming ability, pump capacity,
and rotational speed. Table II.1 lists the seven current equipment
classes for DPPPs.
[[Page 3465]]
Table II.1--Current Dedicated-Purpose Pool Pumps Equipment Classes
------------------------------------------------------------------------
Equipment class
-------------------------------------------------------------------------
1. Standard-Size Self-Priming Pool Filter Pump (0.711 hp <= hhp < 2.5
hp).
2. Small-Size Self-Priming Pool Filter Pump (hhp < 0.711 hp).
3. Non-Self-Priming Pool Filter Pump (hhp < 2.5 hp).
4. Pressure Cleaner Booster Pump.
5. Waterfall Pump.
6. Integral Cartridge Filter Pool Pump.
7. Integral Sand Filter Pool Pump.
------------------------------------------------------------------------
Issue 3: DOE requests feedback on the current DPPP equipment
classes and whether changes to these individual equipment classes and
their descriptions should be made or if novel equipment can be
classified as multiple different units.
The DPPPs ASRAC Working Group limited its scope to self-priming and
non-self-priming pool filter pumps with hydraulic output power less
than 2.5 horsepower, as those pumps are typically installed in
residential applications (Docket No. EERE-2015-BT-0008, No. 82, pp. 1-
2). Very large pool filter pumps, with hydraulic output of 2.5
horsepower or more, are more commonly installed in commercial
applications, where the head and flow characteristics are significantly
different from residential installations. The ASRAC DPPP Working Group
also noted a lack of performance data for these very large pool filter
pumps, which prevented the group from negotiating standards for these
pumps. (Docket No. EERE-2015-BT-STD-0008, No. 53 at pp. 197-198; Docket
No. EERE-2015-BT-STD-0008, No. 79 at pp. 33-34, pp. 41-42, pp. 44-48,
pp. 50-53).
Following adoption of the test procedure and energy conservation
standards for DPPPs, manufacturers identified several models of DPPPs
that are designed and marketed for commercial applications, but do in
fact have hydraulic output power less than 2.5 horsepower. The Office
of the General Counsel has issued an enforcement policy statement
regarding these DPPPs.\5\ 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:
---------------------------------------------------------------------------
\5\ www.energy.gov/gc/articles/direct-purpose-pool-pumps-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
(2) The pump has a measured performance of >=200 gallons per minute
(gpm) at 50 feet of head as determined in accordance with appendices B
or 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.
As explained in the enforcement policy statement, these pumps were
not considered during the ASRAC negotiations, but were not explicitly
exempted in the regulatory text.
Issue 4: DOE seeks information regarding any other new equipment
classes it should consider for inclusion in its analysis. Specifically,
DOE requests information on performance-related features that provide
unique consumer utility and data detailing the corresponding impacts on
energy use that would justify separate equipment classes (i.e.,
explanation for why the presence of these performance-related features
would increase energy consumption).
2. Technology Assessment
In analyzing the feasibility of potential new or amended energy
conservation standards, DOE uses information about existing and past
technology options and prototype designs to help identify technologies
that manufacturers could use to meet and/or exceed a given set of
energy conservation standards under consideration. In consultation with
interested parties, DOE intends to develop a list of technologies to
consider in its analysis. That analysis will likely include a number of
the technology options DOE previously considered during its most recent
rulemaking for DPPPs. A complete list of those prior options appears in
Table II.2. See also 82 FR 5650, 5676-5679.
Table II.2--Technology Options Considered in the Development of the
January 2017 Direct Final Rule
------------------------------------------------------------------------
-------------------------------------------------------------------------
Improved motor efficiency.
Ability to Operate at Reduced Speed.
Improved Hydraulic Design.
Pool Pump Timer.
------------------------------------------------------------------------
Issue 5: DOE seeks information on the technology options listed in
Table II.2 regarding their applicability to the current market and how
these technologies may impact the efficiency of DPPPs as measured
according to the DOE test procedure. DOE also seeks information on how
these technologies may have changed since their prior consideration
during the January 2017 Direct Final Rule analysis. Specifically, DOE
seeks information on the range of efficiencies or performance
characteristics that are currently available for each technology
option.
Issue 6: DOE seeks comment on other technology options that it
should consider for inclusion in its analysis and details regarding the
extent to which these technologies may impact equipment features or
consumer utility. DOE also seeks input regarding the cost-effectiveness
of implementing these options.
Issue 7: DOE seeks comment on other technology options that it
should consider for inclusion in its analysis and if these technologies
may impact product features or consumer utility.
C. Screening Analysis
The purpose of the screening analysis is to evaluate the
technologies that improve equipment efficiency to determine which
technologies will be eliminated from further consideration and which
will be passed to the engineering analysis for further consideration.
DOE determines whether to eliminate certain technology options from
further consideration based on the following criteria:
(1) Technological feasibility. Technologies that are not
incorporated in commercial equipment or in working
[[Page 3466]]
prototypes will not be considered further.
(2) Practicability to manufacture, install, and service. If it is
determined that mass production of a technology in commercial equipment
and reliable installation and servicing of the technology could not be
achieved on the scale necessary to serve the relevant market at the
time of the compliance date of the standard, then that technology will
not be considered further.
(3) Impacts on equipment utility or equipment availability. If a
technology is determined to have significant adverse impact on the
utility of the equipment to significant subgroups of consumers, or
result in the unavailability of any covered equipment type with
performance characteristics (including reliability), features, sizes,
capacities, and volumes that are substantially the same as equipment
generally available in the United States at the time, it will not be
considered further.
(4) Adverse impacts on health or safety. If it is determined that a
technology will have significant adverse impacts on health or safety,
it will not be considered further.
(5) Unique-Pathway Proprietary Technologies. If a design option
utilizes proprietary technology that represents a unique pathway to
achieving a given efficiency level, that technology will not be
considered further due to the potential for monopolistic concerns. 10
CFR 431.4; 10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and
7(b).
Technology options identified in the technology assessment are
evaluated against these criteria using DOE analyses and inputs from
interested parties (e.g., manufacturers, trade organizations, and
energy efficiency advocates). Technologies that pass through the
screening analysis are referred to as ``design options'' in the
engineering analysis. Technology options that fail to meet one or more
of the five criteria are eliminated from consideration.
None of the technology options listed in Table II.2 were screened
out in the January 2017 Direct Final Rule.
Issue 8: DOE requests feedback on what impact, if any, the five
screening criteria described in this section would have on each of the
technology options listed in Table II.2 and Table II.3 of this RFI with
respect to DPPPs. Similarly, DOE seeks information regarding how these
same criteria would affect any other technology options not already
identified in this document with respect to their potential use in
DPPPs.
D. Engineering Analysis
The purpose of the engineering analysis is to establish the
relationship between the efficiency and cost of DPPPs. There are two
elements to consider in the engineering analysis; the selection of
efficiency levels to analyze (i.e., the ``efficiency analysis'') and
the determination of product cost at each efficiency level (i.e., the
``cost analysis''). In determining the performance of higher-efficiency
equipment, DOE considers technologies and design option combinations
not eliminated by the screening analysis. For each equipment class, DOE
estimates the baseline cost, as well as the incremental cost for the
product/equipment at efficiency levels above the baseline. The output
of the engineering analysis is a set of cost-efficiency ``curves'' that
are used in downstream analyses (i.e., the life-cycle cost (``LCC'')
and payback period (``PBP'') analyses and the NIA).
1. Efficiency Analysis
DOE typically uses one of two approaches to develop energy
efficiency levels for the engineering analysis: (1) Relying on observed
efficiency levels in the market (i.e., the efficiency-level approach),
or (2) determining the incremental efficiency improvements associated
with incorporating specific design options to a baseline model (i.e.,
the design-option approach). Using the efficiency-level approach, the
efficiency levels established for the analysis are determined based on
the market distribution of existing products (in other words, based on
the range of efficiencies and efficiency level ``clusters'' that
already exist on the market). Using the design option approach, the
efficiency levels established for the analysis are determined through
detailed engineering calculations and/or computer simulations of the
efficiency improvements from implementing specific design options that
have been identified in the technology assessment. DOE may also rely on
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended
using the design option approach to interpolate to define ``gap fill''
levels (to bridge large gaps between other identified efficiency
levels) and/or to extrapolate to the max-tech level (particularly in
cases where the max-tech level exceeds the maximum efficiency level
currently available on the market).
For each established equipment class, DOE selects a baseline model
as a reference point against which any changes resulting from new or
amended energy conservation standards can be measured. The baseline
model in each equipment class represents the characteristics of common
or typical equipment in that class. Typically, a baseline model is one
that meets the current minimum energy conservation standards and
provides basic consumer utility. Consistent with this analytical
approach, DOE tentatively plans to consider the current minimum energy
conservation standards (which went into effect July 19, 2021) to
establish baseline efficiency levels for each equipment class group.
The current standards for each equipment class are found at 10 CFR
431.465(f)-(h).
Issue 9: DOE requests feedback (including data) on whether the
current established energy conservation standards for DPPPs appropriate
baseline efficiency levels for DOE are to apply to each equipment class
group in evaluating whether to amend the current energy conservation
standards for these equipment classes.
Issue 10: DOE requests feedback on the appropriate baseline
efficiency levels for any equipment classes that are not currently in
place, such as pool filter pumps with hydraulic horsepower greater than
or equal to 2.5 horsepower, or DPPPs subject to the enforcement policy.
As part of DOE's analysis, the maximum available efficiency level
is the most efficient unit currently available on the market. For the
January 2017 Direct Final Rule, DOE did not directly analyze every
available DPPP capacity. Rather, DOE selected and analyzed certain
representative capacities from each equipment class and based its
overall analysis for each equipment class on those representative
units. The representative units from each equipment class were
determined based on horsepower ratings, in addition to corresponding
shipment volumes, examination of manufacturers' catalog data, and
soliciting feedback from interested parties.
DOE defines a max-tech efficiency level to represent the
theoretical maximum possible efficiency if all available design options
are incorporated in a model. In applying these design options, DOE
would only include those that are compatible with each other that when
combined, would represent the theoretical maximum possible efficiency.
In many cases, the max-tech efficiency level is not commercially
available because it is not economically feasible. In the January 2017
Direct Final Rule, DOE determined max-tech efficiency levels using
energy
[[Page 3467]]
modeling as well as input from interested parties during negotiation.
These energy models were based on using various technology options (as
discussed in section II.B.2 of this RFI) applicable to specific
equipment classes. While all these equipment configurations had not
likely been tested as prototypes, all the individual design options had
been incorporated in available equipment, and therefore a compatible
combination of the design options used for max-tech is theoretically
possible. The max-tech efficiency levels analyzed in the January 2017
Direct Final Rule are included in Table II.3.
Table II.3--Max-Tech Efficiency Levels Analyzed in the January 2017 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Motor nameplate Weighted energy
Equipment class Pump variety efficiency at Horsepower factor, WEF
high speed (%) rating (hhp) (kgal/kWh)
----------------------------------------------------------------------------------------------------------------
1............................. Standard-Size Self-Priming 82 1.88 6.97
Pool Filter Pump.
81 0.95 8.59
2............................. Small-Size Self-Priming 81 0.44 11.71
Pool Filter Pump.
3............................. Standard-Size Non-Self- 81 0.52 11.96
Priming Pool Filter Pump.
4............................. Extra-Small Non-Self- 72 0.09 5.14
Priming Pool Filter Pump.
5............................. Pressure Cleaner Booster 81 0.28 0.56
Pump.
6............................. Waterfall Pump............ 78 0.40 9.85
----------------------------------------------------------------------------------------------------------------
Issue 11: DOE seeks input on whether it is appropriate to use the
same representative units for the purpose of the engineering analysis.
Issue 12: DOE seeks input on whether the max-tech efficiency levels
presented in Table II.3 are appropriate and technologically feasible
for potential consideration as possible energy conservation standards--
and if not, why not. DOE also requests feedback on whether the max-tech
efficiencies presented in Table II.3 of this RFI are representative of
other pump capacities not directly analyzed in the January 2017 Direct
Final Rule. If the range of possible efficiencies is different for the
other pump capacities not analyzes, what alternative approaches should
DOE consider using for those pump capacities and why?
Issue 13: DOE seeks feedback on what design options would be
incorporated for each equipment class at a max-tech efficiency level,
and the efficiencies associated with those levels.
Issue 14: DOE requests feedback on the appropriate max-tech
efficiency levels for any equipment classes that are not currently in
place, such as pool filter pumps with hydraulic horsepower greater than
or equal to 2.5 horsepower, or DPPPs subject to the enforcement policy.
2. Cost Analysis
The cost analysis portion of the engineering analysis is conducted
using one or a combination of cost approaches. The selection of cost
approach depends on a suite of factors, including availability and
reliability of public information, characteristics of the regulated
product, and the availability and timeliness of purchasing the
equipment on the market. The cost approaches are summarized as follows:
Physical teardowns: Under this approach, DOE physically
dismantles a commercially available product, component-by-component, to
develop a detailed bill of materials for the product.
Catalog teardowns: In lieu of physically deconstructing a
product, DOE identifies each component using parts diagrams (available
from manufacturer websites or appliance repair websites, for example)
to develop the bill of materials for the product.
Price surveys: If neither a physical nor catalog teardown
is feasible (for example, for tightly integrated products such as
fluorescent lamps, which are infeasible to disassemble and for which
parts diagrams are unavailable) or cost-prohibitive and otherwise
impractical (e.g., large commercial boilers), DOE conducts price
surveys using publicly available pricing data published on major online
retailer websites and/or by soliciting prices from distributors and
other commercial channels.
The bill of materials provides the basis for the manufacturer
production cost (``MPC'') estimates. DOE then applies a manufacturer
markup to convert the MPC to manufacturer selling price (``MSP''). The
manufacturer markup accounts for costs such as overhead and profit. The
resulting bill of materials provides the basis for the manufacturer
production cost (``MPC'') estimates.
As described at the beginning of this section, the main outputs of
the engineering analysis are cost-efficiency relationships that
describe the estimated increases in manufacturer production cost
associated with higher-efficiency equipment for the analyzed equipment
classes. For the January 2017 Direct Final Rule, DOE developed the
cost-efficiency relationships by estimating the efficiency improvements
and costs associated with incorporating specific design options into
the assumed baseline model for each analyzed equipment class.
Issue 15: DOE requests feedback on whether manufacturers would
incorporate the technology options listed in Table II.2 of this RFI to
increase energy efficiency of DPPPs beyond the baseline, and if so,
how. This includes information on the order in which manufacturers
would incorporate the different technologies to incrementally improve
the efficiencies of equipment. DOE also requests feedback on whether
the increased energy efficiency of DPPPs would lead to other design
changes that would not occur otherwise, and if so, what those changes
would be. DOE is also interested in information regarding any potential
impact of adopting a given design option on a manufacturer's ability to
incorporate additional functions or attributes in response to consumer
demand.
Issue 16: DOE also seeks input on the increase in MPC associated
with incorporating each design option. Specifically, DOE is interested
in whether and how the costs estimated for design options in the
January 2017 Direct Final Rule have changed since the time of that
analysis. DOE also requests information on the investments needed to
incorporate specific design options, including, but not limited to,
costs related to new or modified tooling (if any), materials,
engineering and development efforts to implement each design option,
and manufacturing/production impacts.
Issue 17: DOE requests comment on whether certain design options
may not
[[Page 3468]]
be applicable to (or incompatible with) specific equipment classes.
To account for manufacturers' non-production costs and profit
margin, DOE applies a non-production cost multiplier (the manufacturer
markup) to the MPC. The resulting manufacturer selling price (``MSP'')
is the price at which the manufacturer distributes a unit into
commerce. For the 2017 Direct Final Rule, DOE used a manufacturer
markup of 1.46 for self-priming pool filter pumps and waterfall pumps,
1.35 for non-self-priming pool filter pumps and pressure cleaner
booster pool pumps, and 1.27 for integral cartridge-filter pool pumps
and integral sand-filter pool pumps. DOE developed these estimated
markups based on corporate reports and conversations with manufacturers
and experts. See chapter 6 of the January 2017 Direct Final Rule TSD
for further detail.
Issue 18: DOE requests feedback on whether the manufacturer markups
used in the January 2017 Direct Final Rule are still appropriate for
DOE to use when evaluating whether to amend its current standards. If
the markups require revision, what specific revisions are needed for
each? Are there additional markups that DOE should also consider--if
so, which ones and why?
E. Markup Analysis
DOE derives customer prices based on manufacturer markups, retailer
markups, distributor markups, contractor markups (where appropriate),
and sales taxes. In deriving these markups, DOE determines the major
distribution channels for product sales, the markup associated with
each party in each distribution channel, and the existence and
magnitude of differences between markups for baseline products
(``baseline markups'') and higher-efficiency products (``incremental
markups''). The identified distribution channels (i.e., how the
products are distributed from the manufacturer to the consumer), and
estimated relative sales volumes through each channel are used in
generating end-user price inputs for the LCC analysis and national
impact analysis (``NIA''). In the January 2017 Direct Final Rule, DOE
accounted for three distribution channels for dedicated-purpose pool
pumps: Two for replacements of pool pumps for an existing swimming pool
and one for installations of a pool pump in a new swimming pool. DOE
also estimated the fraction of pool pumps distributed through each
channel:
Existing Pool:
Manufacturer [rarr] Wholesaler [rarr] Pool Service Contractor
[rarr] Consumer (75%)
Manufacturer [rarr] Pool Product Retailer [rarr] Consumer (20%)
New Pool:
Manufacturer [rarr] Pool Builder [rarr] Consumer (5%)
82 FR 5650, 5698.
In addition, in DOE's analysis in the January 2017 Direct Final
Rule, in some cases only the motor component is replaced rather than
the entire pool pump. Therefore, DOE also considered distribution
channels to account for how motors are distributed in the motor
replacement market:
Motor Manufacturer [rarr] Wholesaler [rarr] Contractor [rarr] Consumer
(25%)
Motor Manufacturer [rarr] Wholesaler [rarr] Retailer [rarr] Consumer
via internet or direct sale at local stores (25%)
Pump Manufacturer [rarr] Pump Product Retailer [rarr] Consumer (50%)
82 FR 5650, 5696.
Issue 19: DOE requests information on the existence of any
distribution channels other than the channels that were identified in
the January 2017 Direct Final Rule and as described in section E. DOE
also requests data on the fraction of sales that go through these
channels and any other identified channels.
F. Energy Use Analysis
As part of the rulemaking process, DOE conducts an energy use
analysis to identify how equipment is used by consumers, and thereby
determine the energy savings potential of energy efficiency
improvements. The energy use analysis is meant to represent the energy
consumption of a given product or equipment when used in the field.
In the January 2017 Direct Final Rule, DOE determined the annual
energy consumption of DPPPs by multiplying the average daily unit
energy consumption (``UEC'') by the annual days of operation. For
single-speed pool pumps, the daily UEC is the pool pump power
multiplied by the daily operating hours. For two-speed and variable-
speed pool pumps, the daily UEC is the sum of low-speed mode power,
multiplied by daily low-speed operating hours, and the high-speed mode
power, multiplied by the daily high-speed operating hours. 82 FR 5650,
5697. DOE's determination of power inputs, operating hours, and annual
days of operation are described in detail in the January 2017 Direct
Final Rule. 82 FR 5650, 5697-5700.
Issue 20: DOE requests information on whether any of the data or
assumptions used to estimate average annual energy use for DPPPs need
to be updated, and if so why and how.
Issue 21: DOE requests comment on the energy use patterns of pool
filter pumps with hydraulic horsepower greater than or equal to 2.5
horsepower, or DPPPs subject to the enforcement policy, including (1)
power inputs, (2) operating hours, and (3) annual days of operation.
G. Life-Cycle Cost and Payback Analysis
DOE conducts the LCC and PBP analysis to evaluate the economic
effects of potential energy conservation standards for DPPPs on
individual customers. For any given efficiency level, DOE measures the
PBP and the change in LCC relative to an estimated baseline level. The
LCC is the total customer expense over the life of the equipment,
consisting of purchase, installation, and operating costs (expenses for
energy use, maintenance, and repair). Inputs to the calculation of
total installed cost include the cost of the equipment--which includes
MSPs, distribution channel markups, and sales taxes--and installation
costs. Inputs to the calculation of operating expenses include annual
energy consumption, energy prices and price projections, repair and
maintenance costs, equipment lifetimes, discount rates, and the year
that compliance with new and amended standards is required.
1. Installation, Maintenance, and Repair Costs
In the January 2017 Direct Final Rule, DOE only accounted for the
difference in installation cost by efficiency level. Specifically, for
two-speed pumps, DOE included the cost of a timer control and its
installation where applicable. For two-speed and variable-speed pumps,
DOE included supplemental installation labor costs. 82 FR 5650, 5701.
DOE also assumed that for maintenance cost, there is no change with
efficiency level, so DOE did not include those costs in the model. 82
FR 5650, 5702. Finally, for repair costs, DOE accounted for the cost of
a motor replacement. DOE estimated that such replacement occurs at the
halfway point in a pump's lifetime, but only for those dedicated-
purpose pool pumps whose lifetime exceeds the average lifetime for the
relevant equipment class. The cost of the motor was determined through
the engineering and markups analysis. DOE used 2015 RS Means to
estimate labor costs for pump motor replacement. Id.
Issue 22: DOE requests feedback and data on its assumptions
regarding installation and maintenance costs described in section G as
well as for any technology options listed in Table II.2 of this RFI.
Issue 23: To the extent that these costs differ by efficiency
level, DOE seeks
[[Page 3469]]
supporting data and the reasons for those differences.
Issue 24: DOE requests information and data on the frequency of
repair and repair costs by equipment class for motor replacement or for
any of the technology options listed in Table II.2 of this RFI.
2. Equipment Lifetime
In the January 2017 Direct Final Rule, DOE developed a survival
function, which provides a distribution of lifetime ranging from a
minimum of 2 or 3 years based on warranty covered period, to a maximum
of 15 years, with a mean value of 7 years for self-priming and
waterfall pumps, 5 years for non-self-priming and pressure cleaner
booster pumps, and 4 years for integral pumps. These values are
applicable to pumps in residential applications. For commercial
applications, DOE scaled the lifetime to acknowledge the higher
operating hours compared to residential applications, resulting in a
reduced average lifetime. 82 FR 5650, 5702.
Issue 25: DOE requests comment on whether the lifetime values
continue to be appropriate for pool pumps currently subject to
standards, and if not, how they should be changed.
Issue 26: DOE requests information on the lifetime of pool filter
pumps with hydraulic horsepower greater than or equal to 2.5 horsepower
and DPPPs subject to the enforcement policy.
H. Shipments
DOE develops shipments projections of DPPPs to calculate the
national impacts of potential amended energy conservation standards on
energy consumption, net present value (``NPV''), and future
manufacturer cash flows. In the January 2017 Final Rule, DOE estimated
shipments in 2015 using data collected from manufacturer interview. DOE
projected shipments using growth rates obtained from manufacturer
interviews, a consulting report, and several macroeconomic indicators.
82 FR 5650, 5703.
Issue 27: DOE requests 2020 annual sales data (i.e., number of
shipments) for dedicated-purpose pool pumps and corresponding equipment
classes (including those for pool filter pumps with hydraulic
horsepower greater than or equal to 2.5 horsepower and DPPPs subject to
the enforcement policy). For each class, DOE also requests the fraction
of sales by class that are ENERGY STAR-qualified, as well as the
fraction of sales by class that are single-speed, two-speed, or multi-
and variable-speed.
Issue 28: If available, DOE requests the same information for the
previous five years (2015-2019).
I. Manufacturer Impact Analysis
The purpose of the manufacturer impact analysis (``MIA'') is to
estimate the financial impact of amended energy conservation standards
on manufacturers of DPPPs, and to evaluate the potential impact of such
standards on direct employment and manufacturing capacity. The MIA
includes both quantitative and qualitative aspects. The quantitative
part of the MIA primarily relies on the Government Regulatory Impact
Model (``GRIM''), an industry cash-flow model adapted for each
equipment in this analysis, with the key output of industry net present
value (``INPV''). The qualitative part of the MIA addresses the
potential impacts of energy conservation standards on manufacturing
capacity and industry competition, as well as factors such as equipment
characteristics, impacts on particular subgroups of firms, and
important market and equipment trends.
As part of the MIA, DOE intends to analyze impacts of amended
energy conservation standards on subgroups of manufacturers of covered
equipment, including small business manufacturers. DOE uses the Small
Business Administration's (``SBA'') small business size standards to
determine whether manufacturers qualify as small businesses, which are
listed by the applicable North American Industry Classification System
(``NAICS'') code.\6\ Manufacturing of DPPPs is classified under NAICS
code 333914, ``Measuring, Dispensing, and Other Pumping Equipment
Manufacturing,'' and the SBA sets a threshold of 750 employees or less
for a domestic entity to be considered as a small business. This
employee threshold includes all employees in a business' parent company
and any other subsidiaries.
---------------------------------------------------------------------------
\6\ Available online at sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------
One aspect of assessing manufacturer burden involves examining the
cumulative impact of multiple DOE standards and the equipment-specific
regulatory actions of other Federal agencies that affect the
manufacturers of a covered equipment. While any one regulation may not
impose a significant burden on manufacturers, the combined effects of
several existing or impending regulations may have serious consequences
for some manufacturers, groups of manufacturers, or an entire industry.
Assessing the impact of a single regulation may overlook this
cumulative regulatory burden. In addition to energy conservation
standards, other regulations can significantly affect manufacturers'
financial operations. Multiple regulations affecting the same
manufacturer can strain profits and lead companies to abandon equipment
lines or markets with lower expected future returns than competing
equipment. For these reasons, DOE conducts an analysis of cumulative
regulatory burden as part of its rulemakings pertaining to appliance
efficiency.
Issue 29: To the extent feasible, DOE seeks the names and contact
information of any domestic or foreign-based manufacturers that
distribute DPPPs in the United States.
Issue 30: DOE identified small businesses as a subgroup of
manufacturers that could be disproportionally impacted by amended
energy conservation standards. DOE requests the names and contact
information of small business manufacturers, as defined by the SBA's
size threshold, of DPPPs that manufacture equipment in the United
States. In addition, DOE requests comment on any other manufacturer
subgroups that could be disproportionally impacted by amended energy
conservation standards. DOE requests feedback on any potential
approaches that could be considered to address impacts on
manufacturers, including small businesses.
Issue 31: DOE requests information regarding the cumulative
regulatory burden impacts on manufacturers of DPPPs associated with (1)
other DOE standards applying to different equipment that these
manufacturers may also make and (2) equipment-specific regulatory
actions of other Federal agencies. DOE also requests comment on its
methodology for computing cumulative regulatory burden and whether
there are any flexibilities it can consider that would reduce this
burden while remaining consistent with the requirements of EPCA.
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
specified in the DATES section of this document, comments and
information on matters addressed in this document and on other matters
relevant to DOE's consideration of amended energy conservations
standards for DPPPs. After the close of the comment period, DOE will
review the public comments received and may begin collecting data and
conducting the analyses discussed in this document.
[[Page 3470]]
Submitting comments via www.regulations.gov. The
www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office staff only. Your contact information will
not be publicly viewable except for your first and last names,
organization name (if any), and submitter representative name (if any).
If your comment is not processed properly because of technical
difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot
contact you for clarification, DOE may not be able to consider your
comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information 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. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in this process. Interactions with and between members
of the public provide a balanced discussion of the issues and assist
DOE. Anyone who wishes to be added to the DOE mailing list to receive
future notices and information about this process or would like to
request a public meeting should contact Appliance and Equipment
Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on January 12,
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on January 12, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-00849 Filed 1-21-22; 8:45 am]
BILLING CODE 6450-01-P