Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pumps, 3457-3461 [2022-00850]
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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules
Efficiency and Renewable Energy,
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Signed in Washington, DC, on January 18,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–01157 Filed 1–21–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2022–BT–TP–0003]
Energy Conservation Program: Test
Procedure for Dedicated-Purpose 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 undertaking a review
to determine whether amendments are
warranted for the test procedure for
dedicated-purpose pool pumps.
Specifically, through this request for
information (‘‘RFI’’), DOE has identified
certain issues associated with the
currently applicable test procedure on
which DOE is interested in receiving
comment. The issues outlined in this
document mainly concern the scope of
coverage, updated industry test
procedures, and the definition of a basic
model. DOE welcomes written
comments from the public on any
subject within the scope of this
document, including topics not raised
in this request for information (‘‘RFI’’).
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
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SUMMARY:
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number EERE–2022–BT–TP–0003, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: DPPP2022TP0003@
ee.doe.gov. Include docket number
EERE–2022–BT–TP–0003 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 coronavirus (‘‘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/EERE2022-BT-TP-0003. 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.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
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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 History
II. Request for Information
A. Definitions
B. Scope
C. Test Procedure
1. Updates to Industry Test Procedures
III. Submission of Comments
I. Introduction
This RFI requests information and
data regarding whether an amended test
procedure would more accurately and
fully comply with the requirement that
the test procedure produce results that
measure energy use during a
representative average use cycle for the
equipment, and not be unduly
burdensome to conduct. To inform
interested parties and to facilitate this
process, DOE has identified several
issues associated with the currently
applicable test procedures on which
DOE is interested in receiving comment.
Pumps are included in the list of
‘‘covered equipment’’ for which DOE is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6311(1)(A))
Dedicated-purpose pool pumps
(‘‘DPPPs’’), which are the subject of this
document, are a subset of pumps; thus
DOE is authorized to establish test
procedures and energy conservation
standards for them. Relevant to this
document, DOE has established test
procedures for DPPPs at 10 CFR
431.464(b) and appendices B and C to
subpart Y of part 431 (‘‘Appendix B’’
and ‘‘Appendix C’’, respectively). The
following sections discuss DOE’s
authority to establish and amend test
procedures for DPPPs, as well as
relevant background information
regarding DOE’s consideration of test
procedures for this equipment.
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A. Authority and Background
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
several consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part C 2 of EPCA, added
by Public Law 95–619, Title IV, section
441(a) (42 U.S.C. 6311–6317 as
codified), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. ‘‘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,
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)); 42 U.S.C. 6297) DOE may,
however, grant waivers of Federal
preemption for particular State laws or
regulations, in accordance with the
procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
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.
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(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(a); 42 U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered equipment.
EPCA requires that any test procedures
prescribed or amended under this
section must be reasonably designed to
produce test results which reflect energy
efficiency, energy use or estimated
annual operating cost of a given type of
covered equipment during a
representative average use cycle and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))
EPCA also requires that, at least once
every 7 years, DOE review test
procedures for all types of covered
equipment, including DPPPs, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements that
the test procedures be reasonably
designed to produce test results that
reflect energy efficiency, energy use,
and estimated operating costs during a
representative average use cycle and to
not be unduly burdensome to conduct.
(42 U.S.C. 6314(a)(1) In addition, if the
Secretary determines that a test
procedure amendment is warranted, the
Secretary must publish proposed test
procedures in the Federal Register, and
afford interested persons an opportunity
(of not less than 45 days’ duration) to
present oral and written data, views,
and arguments on the proposed test
procedures. (42 U.S.C. 6314(b)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. DOE is publishing this RFI
to collect data and information to
inform its decision in satisfaction of the
7-year review requirement specified in
EPCA. (42 U.S.C. 6314(a)(1))
B. Rulemaking History
DOE’s test procedure for determining
DPPP energy efficiency was established
in a final rule published on August 7,
2017. 82 FR 36858 (‘‘August 2017 Final
Rule’’). The August 2017 Final Rule
established a definition for the term
‘‘dedicated-purpose pool pump’’ and
described several categories of DPPPs.
The DPPP test procedure currently
incorporates by reference the Hydraulic
Institute (‘‘HI’’) Standard 40.6–2014,
‘‘Methods for Rotodynamic Pump
Efficiency Testing’’ (‘‘HI 40.6–2014’’),
along with several modifications to that
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testing method related to measuring the
hydraulic power, the true power factor,
and the maximum head. 82 FR 36858,
36861. The definitions, DPPP test
procedure, sampling provisions,
enforcement requirements, and labeling
requirements contained in the August
2017 DPPP TP Final Rule reflect the
recommendations of the DPPP Working
Group contained in both the December
2015 and June 2016 DPPP Working
Group Recommendations (82 FR 36858,
36860).
II. Request for Information
DOE has identified specific issues on
which it seeks input to aid in its
analysis of whether an amended test
procedure for dedicated-purpose pool
pumps would more accurately or fully
comply with the requirement that the
test procedure produces results that
measure energy use during a
representative average use cycle for the
product, and not be unduly burdensome
to conduct. (42 U.S.C. 6314(a)(2))
In addition, DOE notes that since
publication of the August 2017 Final
Rule, as well as the energy conservation
standards direct final rule,3 it has
received inquiries from stakeholders
related to implementation of and
compliance with the regulatory
requirements for DPPPs. This RFI
discusses these issues and identifies
additional information that would be
needed if DOE decided to propose
amending its current test procedure.
Additionally, DOE welcomes
comments on any aspect of the existing
test procedures for DPPPs and on other
relevant issues that may not be
specifically identified in this document.
A. Definitions
DPPPs are a category of pumps, and
the term ‘‘dedicated-purpose pool
pump’’ comprises self-priming pool
filter pumps, non-self-priming pool
filter pumps, waterfall pumps, pressure
cleaner booster pumps, integral sandfilter pool pumps, integral-cartridge
filter pool pumps, storable electric spa
pumps, and rigid electric spa pumps. 10
CFR 431.462.
DOE also defines a number of the
terms used in the DPPP definition:
Integral cartridge-filter pool pump
means a pump that requires a removable
cartridge filter, installed on the suction
side of the pump, for operation; and the
cartridge filter cannot be bypassed.
Integral sand-filter pool pump means
a pump distributed in commerce with a
sand filter that cannot be bypassed.
3 Energy conservation standards direct final rule
for dedicated-purpose pool pumps published
January 18, 2017 (82 FR 5650) and confirmed on
May 26, 2017 (82 FR 24218).
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Non-self-priming pool filter pump
means a pool filter pump that is not
certified under NSF/ANSI 50–2015
(incorporated by reference, see
§ 431.463) to be self-priming and is not
capable of re-priming to a vertical lift of
at least 5.0 feet with a true priming time
less than or equal to 10.0 minutes, when
tested in accordance with section F of
appendix B or C of this subpart, and is
not a waterfall pump.
Pool filter pump means an end
suction pump that:
(1) Either: (i) Includes an integrated
basket strainer; or (ii) Does not include
an integrated basket strainer, but
requires a basket strainer for operation,
as stated in manufacturer literature
provided with the pump; and
(2) May be distributed in commerce
connected to, or packaged with, a sand
filter, removable cartridge filter, or other
filtration accessory, so long as the
filtration accessory are connected with
consumer-removable connections that
allow the filtration accessory to be
bypassed.
Pool pump timer means a pool pump
control that automatically turns off a
dedicated-purpose pool pump after a
run-time of no longer than 10 hours.
Pressure cleaner booster pump means
an end suction, dry rotor pump
designed and marketed for pressure-side
pool cleaner applications, and which
may be UL listed under ANSI/UL 1081–
2016 (incorporated by reference, see
§ 431.463).
Rigid electric spa pump means an end
suction pump that does not contain an
integrated basket strainer or require a
basket strainer for operation as stated in
manufacturer literature provided with
the pump and that meets the following
three criteria:
(1) Is assembled with four through
bolts that hold the motor rear endplate,
rear bearing, rotor, front bearing, front
endplate, and the bare pump together as
an integral unit;
(2) Is constructed with buttress
threads at the inlet and discharge of the
bare pump; and
(3) Uses a casing or volute and
connections constructed of a nonmetallic material.
Self-priming pool filter pump means a
pool filter pump that is certified under
NSF/ANSI 50–2015 (incorporated by
reference, see § 431.463) to be selfpriming or is capable of re-priming to a
vertical lift of at least 5.0 feet with a true
priming time less than or equal to 10.0
minutes, when tested in accordance
with section F of appendix B or C of the
DPPP test procedure, and is not a
waterfall pump.
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Storable electric spa pump means a
pump that is distributed in commerce
with one or more of the following:
(1) An integral heater; and
(2) An integral air pump.
Submersible pump means a pump
that is designed to be operated with the
motor and bare pump fully submerged
in the pumped liquid.
Waterfall pump means a pool filter
pump with a certified maximum head
less than or equal to 30.0 feet, and a
maximum speed less than or equal to
1,800 rpm.
Issue 1: DOE requests comment on the
definitions of DPPPs and DPPP varieties
and whether any of the terms should be
amended, and if so, how the terms
should be amended. In particular, DOE
requests comment on whether the terms
are sufficient to identify which
equipment is subject to the test
procedure and whether any test
procedure amendments are required to
ensure that all such equipment can be
appropriately tested in accordance with
the test procedure.
The definitions of integral cartridgefilter pool pumps and integral sandfilter pool pumps depend on the defined
term ‘‘integral’’ and on the term
‘‘bypassed.’’ The definitions of these
pump varieties do not explicitly provide
whether removing the filtration media
constitutes bypassing the filter.
Issue 2: DOE requests comment on
whether it should define the term
‘‘bypass,’’ whether it should provide
additional detail for the definition of the
term ‘‘integral,’’ or whether the existing
definitions are sufficient to determine
the classification of individual DPPPs. If
additional detail is necessary for either
of these terms, please specify what
detail should be provided to determine
the classification of such DPPPs.
The energy conservation standards for
integral cartridge-filter pool pumps and
integral sand-filter pool pumps at 10
CFR 431.465 require that each pump
that is manufactured starting on July 19,
2021 must be distributed in commerce
with a pool pump timer that is either
integral to the pump or a separate
component shipped with the pump. 10
CFR 431.465(g) As described, the term
‘‘pool pump timer’’ is defined as a pool
pump control that automatically turns
off a DPPP after a run-time of no longer
than 10 hours. The definition of pool
pump timer does not describe whether
the timer may be user-adjustable (e.g., to
accommodate time periods other than
10 hours) or, if the timer is useradjustable, whether it must be supplied
with a preset operating time of 10 hours.
Issue 3: DOE requests comment on
whether it should provide additional
detail in the definitions of pool pump
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timers and integral filter housings
regarding the requirements of the pool
pump timer, or whether the existing
definitions are sufficient to determine
the compliance status of individual
DPPPs. If additional detail is warranted,
please specify what detail should be
added.
B. Scope
The current Federal test procedures at
10 CFR 431.464(b) apply to self-priming
and non-self-priming pool filter pumps
with hydraulic output power less than
2.5 horsepower, waterfall pumps, and
pressure cleaner booster pumps. 10 CFR
431.464(b)(1)(i). Additionally,
submersible pumps are not covered by
the test procedure. 10 CFR
431.464(b)(1)(iii)(A).
The ASRAC DPPP Working Group
focused on self-priming and non-selfpriming pool filter pumps with
hydraulic output power less than 2.5
horsepower, which 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. Because
of these differences, a test procedure for
very large pool filter pumps would
require unique load points. 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, and therefore they did not
recommend a test procedure either.
(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) For these reasons, DOE did not
adopt a test procedure or standards for
pool filter pumps with hydraulic output
power greater than or equal to 2.5
horsepower.
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.4 The policy states that
DOE will not enforce the testing,
labeling, certification, and standards
compliance requirements for DPPPs
4 www.energy.gov/gc/articles/direct-purpose-poolpumps-enforcement-policy.
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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
(gpm) at 50 feet of head as determined
in accordance with appendix 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 requests comment on
whether it should expand the scope of
the DPPP test procedure to include
pumps designed for commercial
applications, including those subject to
the enforcement policy and/or pool
filter pumps with hydraulic output
power greater than or equal to 2.5
horsepower. If so, DOE seeks
information on which test points and
system curves would be appropriate to
measure performance of these DPPPs.
part 430 subpart C appendix A section
8(c). In cases where the industry testing
standard does not meet the EPCA
statutory criteria for test procedures,
DOE will make any necessary
modifications to these testing standards
through the rulemaking process when
adopting them for inclusion into DOE’s
regulations.
C. Test Procedure
DOE specifies the weighted energy
factor (‘‘WEF’’) as the test metric for
self-priming pool filter pumps, non-selfpriming pool filter pumps, waterfall
pumps, and pressure cleaner booster
pumps. 10 CFR 431.464(b). Generally,
the WEF metric is a ratio of the
measured water flow to the driver
power input to the tested pump. For
single-speed DPPPs, the WEF metric
represents pump performance at a single
test point. For two-speed and multiplespeed DPPPs, the WEF metric represents
a weighted average of pump
performance at two test points. Section
I.D.3 of appendix B and appendix C to
subpart Y of part 431.
a. HI Standard 40.6
DOE’s test procedure for pumps
incorporates by reference HI 40.6–2014,
Methods for Rotodynamic Pump
Efficiency Testing, (‘‘HI 40.6–2014’’),
with exceptions, specified at 10 CFR
431.463. HI 40.6–2014 defines and
explains how to calculate driver power
input, volume per unit time, pump total
head, pump power output, overall
efficiency, and other relevant quantities
necessary to determine the weighted
energy factor (‘‘WEF’’). HI 40.6–2014
specifies the test setup, methodology,
standard rating conditions, and
tolerances of test equipment.
Subsequent to the development of the
August 2017 Final Rule,5 the Hydraulic
Institute (HI) updated HI 40.6–2014
with the publication of HI Standard
40.6–2016, ‘‘Methods for Rotodynamic
Pump Efficiency Testing’’ (‘‘HI 40.6–
2016’’). This update aligned the
definitions and procedures described in
HI Standard 40.6 with the DOE test
procedure for commercial and industrial
pumps, which published on January 25,
2016 (81 FR 4086). However, the DOE
test procedure for commercial and
industrial pumps explicitly excludes
DPPPs from scope.6 Nonetheless, DOE
has reviewed the relevant sections of HI
40.6–2016 and determined that HI 40.6–
2016 produces test results that reflect
the energy efficiency, energy use, or
estimated operating costs of a dedicatedpurpose pool pump during a
representative average use cycle of
DPPPs.
Additionally, HI has recently
published another updated version of HI
40.6, ‘‘Methods for Rotodynamic Pump
Efficiency Testing’’ (‘‘HI 40.6–2021’’).
This version primarily updates the HI
standard reference for nomenclature and
definitions 7 and includes a new
appendix for the testing of circulator
1. Updates to Industry Test Procedures
DOE’s established practice is to adopt
industry standards as DOE test
procedures unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that product during a representative
average use cycle. 10 CFR 431.4; 10 CFR
5 A pre-publication version of the test procedure
final rule was made available December 22, 2016.
www.energy.gov/sites/default/files/2016/12/f34/
DPPP_TP_Final_Rule.pdf.
6 DOE’s test procedure for determining pump
energy efficiency was established in a final rule
published on January 25, 2016 and excluded DPPPs
from the definition of end suction close-coupled
and end suction frame mounted pumps. 81 FR
4086, 4099 (‘‘January 2016 Final Rule’’).
7 ANSI/HI 14.1–14.2 ‘‘Rotodynamic Pumps for
Nomenclature and Definitions’’ (‘‘ANSI/HI 14.1–
14.2’’).
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pumps. In response to a request for
information on commercial and
industrial pumps,8 stakeholders
generally supported DOE’s
incorporation by reference of HI 40.6–
2021 for that test procedure (Docket No.
EERE–2020–BT–TP–0032: Grundfos
Americas Corporation, No. 7, p. 2;
Northwest Energy Efficiency Alliance,
No. 8, p. 6; HI, No. 6, p. 1), with HI
stating that it would not impact
measured values, burden, or
representativeness. (Docket No. EERE–
2020–BT–TP–0032: HI, No. 6 at p. 3)
DOE has reviewed relevant sections of
HI 40.6–2021 and has determined that
updates to the latest version of HI 40.6
will neither affect testing nor result in
different test outcomes for DPPPs.
Issue 5: DOE requests comments on
the updated standard HI 40.6–2021 and
on whether DOE should incorporate HI
40.6–2021 by reference as the DOE test
procedure for DPPPs. Specifically, DOE
requests information on whether the
updates in HI 40.6–2021 (and HI 40.6–
2016) impact the measured values for
DPPPs, and if so, to what extent. DOE
also requests information on the impact
of the updates in HI 40.6–2021 (and HI
40.6–2016) to the test burden and the
representativeness of the test results for
DPPPs.
b. NSF/ANSI Standard 50
DOE’s test procedure for DPPPs
references specific sections of NSF
International (‘‘NSF’’)/American
National Standards Institute (‘‘ANSI’’)
Standard 50–2015 ‘‘Equipment for
Swimming Pools, Spas, Hot Tubs and
Other Recreational Water Facilities’’
(‘‘NSF/ANSI 50–2015’’). The DOE test
procedure for DPPPs references Annex
C, ‘‘Normative test methods for the
evaluation of centrifugal pumps,’’
Section C.3, ‘‘Self-priming capability,’’
of NSF/ANSI 50–2015. These provisions
pertain to the classifications and testing
of self-priming and non-self-priming
pool filter pumps. Section F of appendix
B to subpart Y of part 431.
Since publication of the August 2017
Final Rule, NSF updated NSF/ANSI 50–
2015 with the publication of NSF/ANSI/
CAN Standard 50–2019 ‘‘Equipment
And Chemicals For Swimming Pools,
Spas, Hot Tubs, And Other Recreational
Water Facilities’’ (‘‘NSF/ANSI/CAN 50–
2019’’). This update changed section
numbering and references but does not
affect the test methods related to selfpriming and non-self-priming pool filter
pumps.
Issue 6: DOE requests comments on
the updated standard NSF/ANSI/CAN
50–2019 and on whether DOE should
8 85
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24JAP1
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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
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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
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Agencies
[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3457-3461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00850]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2022-BT-TP-0003]
Energy Conservation Program: Test Procedure 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 undertaking a
review to determine whether amendments are warranted for the test
procedure for dedicated-purpose pool pumps. Specifically, through this
request for information (``RFI''), DOE has identified certain issues
associated with the currently applicable test procedure on which DOE is
interested in receiving comment. The issues outlined in this document
mainly concern the scope of coverage, updated industry test procedures,
and the definition of a basic model. DOE welcomes written comments from
the public on any subject within the scope of this document, including
topics not raised in this request for information (``RFI'').
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-TP-0003,
by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: [email protected]. Include docket number EERE-
2022-BT-TP-0003 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 coronavirus (``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-TP-0003. 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].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588; Email:
[email protected].
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 History
II. Request for Information
A. Definitions
B. Scope
C. Test Procedure
1. Updates to Industry Test Procedures
III. Submission of Comments
I. Introduction
This RFI requests information and data regarding whether an amended
test procedure would more accurately and fully comply with the
requirement that the test procedure produce results that measure energy
use during a representative average use cycle for the equipment, and
not be unduly burdensome to conduct. To inform interested parties and
to facilitate this process, DOE has identified several issues
associated with the currently applicable test procedures on which DOE
is interested in receiving comment.
Pumps are included in the list of ``covered equipment'' for which
DOE is authorized to establish and amend energy conservation standards
and test procedures. (42 U.S.C. 6311(1)(A)) Dedicated-purpose pool
pumps (``DPPPs''), which are the subject of this document, are a subset
of pumps; thus DOE is authorized to establish test procedures and
energy conservation standards for them. Relevant to this document, DOE
has established test procedures for DPPPs at 10 CFR 431.464(b) and
appendices B and C to subpart Y of part 431 (``Appendix B'' and
``Appendix C'', respectively). The following sections discuss DOE's
authority to establish and amend test procedures for DPPPs, as well as
relevant background information regarding DOE's consideration of test
procedures for this equipment.
[[Page 3458]]
A. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of several consumer
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part C \2\ of EPCA, added by Public Law 95-619, Title IV, section
441(a) (42 U.S.C. 6311-6317 as codified), established the Energy
Conservation Program for Certain Industrial Equipment, which sets forth
a variety of provisions designed to improve energy efficiency.
``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, 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)); 42 U.S.C. 6297) DOE may, however, grant waivers of
Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6316(b)(2)(D))
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use or estimated annual
operating cost of a given type of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
EPCA also requires that, at least once every 7 years, DOE review
test procedures for all types of covered equipment, including DPPPs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements that the test procedures be
reasonably designed to produce test results that reflect energy
efficiency, energy use, and estimated operating costs during a
representative average use cycle and to not be unduly burdensome to
conduct. (42 U.S.C. 6314(a)(1) In addition, if the Secretary determines
that a test procedure amendment is warranted, the Secretary must
publish proposed test procedures in the Federal Register, and afford
interested persons an opportunity (of not less than 45 days' duration)
to present oral and written data, views, and arguments on the proposed
test procedures. (42 U.S.C. 6314(b)) If DOE determines that test
procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. DOE is publishing this
RFI to collect data and information to inform its decision in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6314(a)(1))
B. Rulemaking History
DOE's test procedure for determining DPPP energy efficiency was
established in a final rule published on August 7, 2017. 82 FR 36858
(``August 2017 Final Rule''). The August 2017 Final Rule established a
definition for the term ``dedicated-purpose pool pump'' and described
several categories of DPPPs. The DPPP test procedure currently
incorporates by reference the Hydraulic Institute (``HI'') Standard
40.6-2014, ``Methods for Rotodynamic Pump Efficiency Testing'' (``HI
40.6-2014''), along with several modifications to that testing method
related to measuring the hydraulic power, the true power factor, and
the maximum head. 82 FR 36858, 36861. The definitions, DPPP test
procedure, sampling provisions, enforcement requirements, and labeling
requirements contained in the August 2017 DPPP TP Final Rule reflect
the recommendations of the DPPP Working Group contained in both the
December 2015 and June 2016 DPPP Working Group Recommendations (82 FR
36858, 36860).
II. Request for Information
DOE has identified specific issues on which it seeks input to aid
in its analysis of whether an amended test procedure for dedicated-
purpose pool pumps would more accurately or fully comply with the
requirement that the test procedure produces results that measure
energy use during a representative average use cycle for the product,
and not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
In addition, DOE notes that since publication of the August 2017
Final Rule, as well as the energy conservation standards direct final
rule,\3\ it has received inquiries from stakeholders related to
implementation of and compliance with the regulatory requirements for
DPPPs. This RFI discusses these issues and identifies additional
information that would be needed if DOE decided to propose amending its
current test procedure.
---------------------------------------------------------------------------
\3\ Energy conservation standards direct final rule for
dedicated-purpose pool pumps published January 18, 2017 (82 FR 5650)
and confirmed on May 26, 2017 (82 FR 24218).
---------------------------------------------------------------------------
Additionally, DOE welcomes comments on any aspect of the existing
test procedures for DPPPs and on other relevant issues that may not be
specifically identified in this document.
A. Definitions
DPPPs are a category of pumps, and the term ``dedicated-purpose
pool pump'' comprises self-priming pool filter pumps, non-self-priming
pool filter pumps, waterfall pumps, pressure cleaner booster pumps,
integral sand-filter pool pumps, integral-cartridge filter pool pumps,
storable electric spa pumps, and rigid electric spa pumps. 10 CFR
431.462.
DOE also defines a number of the terms used in the DPPP definition:
Integral cartridge-filter pool pump means a pump that requires a
removable cartridge filter, installed on the suction side of the pump,
for operation; and the cartridge filter cannot be bypassed.
Integral sand-filter pool pump means a pump distributed in commerce
with a sand filter that cannot be bypassed.
[[Page 3459]]
Non-self-priming pool filter pump means a pool filter pump that is
not certified under NSF/ANSI 50-2015 (incorporated by reference, see
Sec. 431.463) to be self-priming and is not capable of re-priming to a
vertical lift of at least 5.0 feet with a true priming time less than
or equal to 10.0 minutes, when tested in accordance with section F of
appendix B or C of this subpart, and is not a waterfall pump.
Pool filter pump means an end suction pump that:
(1) Either: (i) Includes an integrated basket strainer; or (ii)
Does not include an integrated basket strainer, but requires a basket
strainer for operation, as stated in manufacturer literature provided
with the pump; and
(2) May be distributed in commerce connected to, or packaged with,
a sand filter, removable cartridge filter, or other filtration
accessory, so long as the filtration accessory are connected with
consumer-removable connections that allow the filtration accessory to
be bypassed.
Pool pump timer means a pool pump control that automatically turns
off a dedicated-purpose pool pump after a run-time of no longer than 10
hours.
Pressure cleaner booster pump means an end suction, dry rotor pump
designed and marketed for pressure-side pool cleaner applications, and
which may be UL listed under ANSI/UL 1081-2016 (incorporated by
reference, see Sec. 431.463).
Rigid electric spa pump means an end suction pump that does not
contain an integrated basket strainer or require a basket strainer for
operation as stated in manufacturer literature provided with the pump
and that meets the following three criteria:
(1) Is assembled with four through bolts that hold the motor rear
endplate, rear bearing, rotor, front bearing, front endplate, and the
bare pump together as an integral unit;
(2) Is constructed with buttress threads at the inlet and discharge
of the bare pump; and
(3) Uses a casing or volute and connections constructed of a non-
metallic material.
Self-priming pool filter pump means a pool filter pump that is
certified under NSF/ANSI 50-2015 (incorporated by reference, see Sec.
431.463) to be self-priming or is capable of re-priming to a vertical
lift of at least 5.0 feet with a true priming time less than or equal
to 10.0 minutes, when tested in accordance with section F of appendix B
or C of the DPPP test procedure, and is not a waterfall pump.
Storable electric spa pump means a pump that is distributed in
commerce with one or more of the following:
(1) An integral heater; and
(2) An integral air pump.
Submersible pump means a pump that is designed to be operated with
the motor and bare pump fully submerged in the pumped liquid.
Waterfall pump means a pool filter pump with a certified maximum
head less than or equal to 30.0 feet, and a maximum speed less than or
equal to 1,800 rpm.
Issue 1: DOE requests comment on the definitions of DPPPs and DPPP
varieties and whether any of the terms should be amended, and if so,
how the terms should be amended. In particular, DOE requests comment on
whether the terms are sufficient to identify which equipment is subject
to the test procedure and whether any test procedure amendments are
required to ensure that all such equipment can be appropriately tested
in accordance with the test procedure.
The definitions of integral cartridge-filter pool pumps and
integral sand-filter pool pumps depend on the defined term ``integral''
and on the term ``bypassed.'' The definitions of these pump varieties
do not explicitly provide whether removing the filtration media
constitutes bypassing the filter.
Issue 2: DOE requests comment on whether it should define the term
``bypass,'' whether it should provide additional detail for the
definition of the term ``integral,'' or whether the existing
definitions are sufficient to determine the classification of
individual DPPPs. If additional detail is necessary for either of these
terms, please specify what detail should be provided to determine the
classification of such DPPPs.
The energy conservation standards for integral cartridge-filter
pool pumps and integral sand-filter pool pumps at 10 CFR 431.465
require that each pump that is manufactured starting on July 19, 2021
must be distributed in commerce with a pool pump timer that is either
integral to the pump or a separate component shipped with the pump. 10
CFR 431.465(g) As described, the term ``pool pump timer'' is defined as
a pool pump control that automatically turns off a DPPP after a run-
time of no longer than 10 hours. The definition of pool pump timer does
not describe whether the timer may be user-adjustable (e.g., to
accommodate time periods other than 10 hours) or, if the timer is user-
adjustable, whether it must be supplied with a preset operating time of
10 hours.
Issue 3: DOE requests comment on whether it should provide
additional detail in the definitions of pool pump timers and integral
filter housings regarding the requirements of the pool pump timer, or
whether the existing definitions are sufficient to determine the
compliance status of individual DPPPs. If additional detail is
warranted, please specify what detail should be added.
B. Scope
The current Federal test procedures at 10 CFR 431.464(b) apply to
self-priming and non-self-priming pool filter pumps with hydraulic
output power less than 2.5 horsepower, waterfall pumps, and pressure
cleaner booster pumps. 10 CFR 431.464(b)(1)(i). Additionally,
submersible pumps are not covered by the test procedure. 10 CFR
431.464(b)(1)(iii)(A).
The ASRAC DPPP Working Group focused on self-priming and non-self-
priming pool filter pumps with hydraulic output power less than 2.5
horsepower, which 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. Because of these differences, a test procedure for very
large pool filter pumps would require unique load points. 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, and therefore they did not recommend a test
procedure either. (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) For these reasons, DOE did not adopt a test
procedure or standards for pool filter pumps with hydraulic output
power greater than or equal to 2.5 horsepower.
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.\4\ The policy states that DOE will not enforce
the testing, labeling, certification, and standards compliance
requirements for DPPPs
[[Page 3460]]
meeting all of the following three criteria:
---------------------------------------------------------------------------
\4\ 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 appendix 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 requests comment on whether it should expand the scope
of the DPPP test procedure to include pumps designed for commercial
applications, including those subject to the enforcement policy and/or
pool filter pumps with hydraulic output power greater than or equal to
2.5 horsepower. If so, DOE seeks information on which test points and
system curves would be appropriate to measure performance of these
DPPPs.
C. Test Procedure
DOE specifies the weighted energy factor (``WEF'') as the test
metric for self-priming pool filter pumps, non-self-priming pool filter
pumps, waterfall pumps, and pressure cleaner booster pumps. 10 CFR
431.464(b). Generally, the WEF metric is a ratio of the measured water
flow to the driver power input to the tested pump. For single-speed
DPPPs, the WEF metric represents pump performance at a single test
point. For two-speed and multiple-speed DPPPs, the WEF metric
represents a weighted average of pump performance at two test points.
Section I.D.3 of appendix B and appendix C to subpart Y of part 431.
1. Updates to Industry Test Procedures
DOE's established practice is to adopt industry standards as DOE
test procedures unless such methodology would be unduly burdensome to
conduct or would not produce test results that reflect the energy
efficiency, energy use, water use (as specified in EPCA) or estimated
operating costs of that product during a representative average use
cycle. 10 CFR 431.4; 10 CFR part 430 subpart C appendix A section 8(c).
In cases where the industry testing standard does not meet the EPCA
statutory criteria for test procedures, DOE will make any necessary
modifications to these testing standards through the rulemaking process
when adopting them for inclusion into DOE's regulations.
a. HI Standard 40.6
DOE's test procedure for pumps incorporates by reference HI 40.6-
2014, Methods for Rotodynamic Pump Efficiency Testing, (``HI 40.6-
2014''), with exceptions, specified at 10 CFR 431.463. HI 40.6-2014
defines and explains how to calculate driver power input, volume per
unit time, pump total head, pump power output, overall efficiency, and
other relevant quantities necessary to determine the weighted energy
factor (``WEF''). HI 40.6-2014 specifies the test setup, methodology,
standard rating conditions, and tolerances of test equipment.
Subsequent to the development of the August 2017 Final Rule,\5\ the
Hydraulic Institute (HI) updated HI 40.6-2014 with the publication of
HI Standard 40.6-2016, ``Methods for Rotodynamic Pump Efficiency
Testing'' (``HI 40.6-2016''). This update aligned the definitions and
procedures described in HI Standard 40.6 with the DOE test procedure
for commercial and industrial pumps, which published on January 25,
2016 (81 FR 4086). However, the DOE test procedure for commercial and
industrial pumps explicitly excludes DPPPs from scope.\6\ Nonetheless,
DOE has reviewed the relevant sections of HI 40.6-2016 and determined
that HI 40.6-2016 produces test results that reflect the energy
efficiency, energy use, or estimated operating costs of a dedicated-
purpose pool pump during a representative average use cycle of DPPPs.
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\5\ A pre-publication version of the test procedure final rule
was made available December 22, 2016. www.energy.gov/sites/default/files/2016/12/f34/DPPP_TP_Final_Rule.pdf.
\6\ DOE's test procedure for determining pump energy efficiency
was established in a final rule published on January 25, 2016 and
excluded DPPPs from the definition of end suction close-coupled and
end suction frame mounted pumps. 81 FR 4086, 4099 (``January 2016
Final Rule'').
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Additionally, HI has recently published another updated version of
HI 40.6, ``Methods for Rotodynamic Pump Efficiency Testing'' (``HI
40.6-2021''). This version primarily updates the HI standard reference
for nomenclature and definitions \7\ and includes a new appendix for
the testing of circulator pumps. In response to a request for
information on commercial and industrial pumps,\8\ stakeholders
generally supported DOE's incorporation by reference of HI 40.6-2021
for that test procedure (Docket No. EERE-2020-BT-TP-0032: Grundfos
Americas Corporation, No. 7, p. 2; Northwest Energy Efficiency
Alliance, No. 8, p. 6; HI, No. 6, p. 1), with HI stating that it would
not impact measured values, burden, or representativeness. (Docket No.
EERE-2020-BT-TP-0032: HI, No. 6 at p. 3) DOE has reviewed relevant
sections of HI 40.6-2021 and has determined that updates to the latest
version of HI 40.6 will neither affect testing nor result in different
test outcomes for DPPPs.
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\7\ ANSI/HI 14.1-14.2 ``Rotodynamic Pumps for Nomenclature and
Definitions'' (``ANSI/HI 14.1-14.2'').
\8\ 85 FR 60734 (September 28, 2020).
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Issue 5: DOE requests comments on the updated standard HI 40.6-2021
and on whether DOE should incorporate HI 40.6-2021 by reference as the
DOE test procedure for DPPPs. Specifically, DOE requests information on
whether the updates in HI 40.6-2021 (and HI 40.6-2016) impact the
measured values for DPPPs, and if so, to what extent. DOE also requests
information on the impact of the updates in HI 40.6-2021 (and HI 40.6-
2016) to the test burden and the representativeness of the test results
for DPPPs.
b. NSF/ANSI Standard 50
DOE's test procedure for DPPPs references specific sections of NSF
International (``NSF'')/American National Standards Institute
(``ANSI'') Standard 50-2015 ``Equipment for Swimming Pools, Spas, Hot
Tubs and Other Recreational Water Facilities'' (``NSF/ANSI 50-2015'').
The DOE test procedure for DPPPs references Annex C, ``Normative test
methods for the evaluation of centrifugal pumps,'' Section C.3, ``Self-
priming capability,'' of NSF/ANSI 50-2015. These provisions pertain to
the classifications and testing of self-priming and non-self-priming
pool filter pumps. Section F of appendix B to subpart Y of part 431.
Since publication of the August 2017 Final Rule, NSF updated NSF/
ANSI 50-2015 with the publication of NSF/ANSI/CAN Standard 50-2019
``Equipment And Chemicals For Swimming Pools, Spas, Hot Tubs, And Other
Recreational Water Facilities'' (``NSF/ANSI/CAN 50-2019''). This update
changed section numbering and references but does not affect the test
methods related to self-priming and non-self-priming pool filter pumps.
Issue 6: DOE requests comments on the updated standard NSF/ANSI/CAN
50-2019 and on whether DOE should
[[Page 3461]]
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
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 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 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
[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. 2022-00850 Filed 1-21-22; 8:45 am]
BILLING CODE 6450-01-P