Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pumps, 74023-74048 [2022-24201]
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Proposed Rules
Federal Register
Vol. 87, No. 231
Friday, December 2, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 429 and 431
[EERE–2022–BT–TP–0003]
RIN 1904–AE95
Energy Conservation Program: Test
Procedure for Dedicated-Purpose Pool
Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and announcement of public meeting.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) proposes to amend the
test procedures for dedicated-purpose
pool pumps (‘‘DPPPs’’) to incorporate by
reference the latest version of the
relevant industry standards, to codify
DOE’s current enforcement policy
regarding the scope of the DPPP test
procedure pertaining to DPPPs that
cannot be appropriately tested by the
current DOE test procedure, to align
DOE’s DPPP definitions with DOE’s
corresponding DPPP motor definitions,
and to remove an obsolete DOE DPPP
test procedure appendix. DOE is seeking
comment from interested parties on the
proposal.
DATES: DOE will accept comments, data,
and information regarding this proposal
no later than January 31, 2023. See
section V, ‘‘Public Participation,’’ for
details.
DOE will hold a public meeting via
webinar on Monday, December 12,
2022, from 1:00 p.m. to 4:00 p.m. See
section V, ‘‘Public Participation,’’ for
webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov, under docket
number EERE–2022–BT–TP–0003.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments,
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SUMMARY:
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identified by docket number EERE–
2022–BT–TP–0003, by any of the
following methods:
Email: DPPP2022tp0003@ee.doe.gov.
Include the docket number EERE–2022–
BT–TP–0003 in the subject line of the
message.
Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
V of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, public meeting attendee lists
and transcripts (if a public meeting is
held), comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as information that is exempt from
public disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2022-BT-TP-0003. The docket web page
contains instructions on how to access
all documents, including public
comments, in the docket. See section V
for information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
9870. Email:
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ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Nolan Brickwood, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
4498. Email: nolan.brickwood@
hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in a public meeting (if one is held),
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
DOE
proposes to incorporate by reference the
following industry standards into 10
CFR part 431:
CSA C747–2009 (Reaffirmed 2019),
‘‘Energy efficiency test methods for
small motors,’’ CSA reaffirmed 2019,
(‘‘CSA C747–09 (R2019)’’).
HI 40.6–2021, ‘‘Hydraulic Institute
Standard for Methods for Rotodynamic
Pump Efficiency Testing’’, approved
February 17, 2021.
NSF/ANSI/CAN 50–2020,
‘‘Equipment and Chemicals for
Swimming Pools, Spas, Hot Tubs, and
Other Recreational Water Facilities,’’
designated as an ANSI Standard and
National Standard of Canada October
21, 2020.
Copies of CSA C747–2009 are
available at www.csagroup.org.
Copies of HI 40.6–2021 are available
at www.pumps.org.
Copies of NSF/ANSI/CAN 50–2020
are available at www.ansi.org or
www.scc.ca/en/welcome-standardsstore.
See section IV.M of this document for
a further discussion of these standards.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Scope of Applicability
1. Pool Filter Pumps With Hydraulic
Output Power ≥2.5 HHP
2. Pumps Subject to DOE’s DPPP
Enforcement Policy
3. Certain Self-Priming Pumps and
Waterfall Pumps
B. Updates to Industry Standards
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C. Definitions
1. Aligning DPPP and DPPP Motor
Definitions
2. Integral Filters
3. Pool Pump Timers
D. Test Method for Pressure Cleaner
Booster Pumps
E. Removing Appendix B
F. Reporting
G. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
H. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared
General Statements for Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
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I. Authority and Background
A dedicated-purpose pool pump is a
type of ‘‘pump.’’ Pumps are included in
the list of ‘‘covered equipment’’ for
which DOE is authorized to establish
and amend energy conservation
standards and test procedures. (42
U.S.C. 6311(1)(A)) DOE’s energy
conservation standards and test
procedures for DPPPs are currently
prescribed at title 10 of the Code of
Federal Regulations (‘‘CFR’’),
§ 431.464(b), and appendices B and C to
subpart Y of part 431. The following
sections discuss DOE’s authority to
establish test procedures for DPPPs and
relevant background information
regarding DOE’s consideration of test
procedures for this equipment.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
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DOE to regulate the energy efficiency of
several consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part C 2 of EPCA, added
by Public Law 95–619, Title IV, section
441(a), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. ‘‘Pumps’’ are
listed as a type of industrial equipment
covered by EPCA, although EPCA does
not define the term ‘‘pump.’’ (42 U.S.C.
6311(1)(A)) DOE has defined ‘‘pump’’ as
equipment designed to move liquids
(which may include entrained gases,
free solids, and totally dissolved solids)
by physical or mechanical action,
includes a bare pump, and, if included
by the manufacturer at the time of sale,
mechanical equipment, driver, and
controls. 10 CFR 431.462. DPPPs, which
are the subject of this notice of proposed
rulemaking (‘‘NOPR’’), meet this
definition of a pump and are covered
under the pump equipment type.
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
energy conservation standards (42
U.S.C. 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making other representations about
the efficiency of that equipment (42
U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine
whether the equipment complies with
relevant standards promulgated under
EPCA. (42 U.S.C. 6316(a); 42 U.S.C.
6295(s))
Federal energy efficiency
requirements for covered equipment
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6316(a) and 42 U.S.C. 6316(b); 42 U.S.C.
6297) DOE may, however, grant waivers
of Federal preemption for particular
State laws or regulations, in accordance
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
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with the procedures and other
provisions of EPCA. (42 U.S.C. 6316(a);
42 U.S.C. 6297)
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered equipment.
EPCA requires that any test procedures
prescribed or amended under this
section must be reasonably designed to
produce test results which reflect energy
efficiency, energy use, and estimated
annual operating cost of a given type of
covered equipment during a
representative average use cycle and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2)–(3))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
equipment, including DPPPs, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements for
the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle. (42 U.S.C. 6314(a)(1)(A))
In addition, if the Secretary
determines that a test procedure
amendment is warranted, the Secretary
must publish the proposed test
procedures in the Federal Register and
afford interested persons an opportunity
(of not less than 45 days’ duration) to
present oral and written data, views,
and arguments on the proposed test
procedures. (42 U.S.C. 6314(b)). If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this NOPR in
satisfaction of the 7-year review
requirement specified in EPCA. (42
U.S.C. 6314(a)(1)(A))
B. Background
DOE’s existing test procedures for
DPPPs appear at 10 CFR 431.464(b) and
at 10 CFR 431 subpart Y, appendix B
(‘‘appendix B’’) 3 and appendix C
(‘‘appendix C’’). Any representations
made on or after July 19, 2021, with
respect to the energy use or efficiency of
dedicated-purpose pool pumps subject
to testing pursuant to 10 CFR
431.464(b), must be made in accordance
3 On February 5, 2018 but before July 19, 2021,
any representations made with respect to the energy
use or efficiency of dedicated-purpose pool pumps
subject to testing pursuant to 10 CFR 431.464(b)
must be made in accordance with the results of
testing pursuant to appendix B. See Note to
appendix B to subpart Y of part 431.
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with the results of testing pursuant to
appendix C. Reflecting the
circumstances when the existing test
procedure was promulgated, any
representations made after February 5,
2018 but before July 19, 2021 with
respect to the energy use or efficiency of
dedicated-purpose pool pumps must
have been made in accordance with the
results of testing pursuant to appendix
B.
DOE established the currently
applicable test procedures for DPPPs in
a final rule published on August 7,
2017. 82 FR 36858 (‘‘August 2017 TP
Final Rule’’). DOE established the
currently applicable energy
conservation standards for DPPPs in a
direct final rule published on January
18, 2017. 82 FR 5650 (‘‘January 2017
ECS Direct Final Rule’’). The test
procedure and standards established by
these final rules were based on the
recommendations of the Appliance
Standards and Rulemaking Federal
Advisory Committee (‘‘ASRAC’’) DPPP
2017 Working Group (‘‘DPPP Working
Group’’). The test procedure and
standards for DPPPs are based on the
weighted energy factor (‘‘WEF’’) metric.
On January 24, 2022, DOE published
a request for information (‘‘RFI’’)
undertaking a review to determine
whether amendments are warranted for
the test procedures for DPPPs. 87 FR
3457 (‘‘January 2022 TP RFI’’). DOE
received comments in response to the
January 2022 TP RFI from the interested
parties listed in Table I.1.
TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE JANUARY 2022 TP RFI
Comment No.
in the docket
Commenter(s)
Reference in this NOPR
Appliance Standards Awareness Project, American Council
for an Energy-Efficient Economy, Natural Resources Defense Council, Northwest Energy Efficiency Alliance.
Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison; collectively, the California Investor-Owned Utilities.
California Energy Commission and New York State Energy
Research and Development Authority.
Fluidra .......................................................................................
NSF International ......................................................................
Pool and Hot Tub Alliance ........................................................
ASAP et. al .............................
8
CA IOUs ..................................
10
CEC and NYSERDA ...............
9
State Agencies.
Fluidra .....................................
NSF .........................................
PHTA ......................................
7
4
6
Manufacturer.
Industry Association.
Industry Association.
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.4 DOE notes that the
docketed comments from PHTA and
Fluidra include responses to both the
January 2022 TP RFI as well as to an RFI
related to DPPP energy conservation
standards. 87 FR 3461 (‘‘January 2022
ECS RFI’’). In this NOPR, DOE addresses
only the comments related to the
January 2022 TP RFI as well as certain
comments related to the January 2022
ECS RFI that have to do with definitions
and test procedure. The remainder of
comments related to the January 2022
ECS RFI will be addressed in a separate
standards rulemaking.
II. Synopsis of the Notice of Proposed
Rulemaking
In this NOPR, DOE proposes to
update 10 CFR 431.462, 10 CFR
431.463, 10 CFR 431.464, and
appendices B and C to subpart Y of 10
CFR part 431 as follows: (1) codify the
scope of the DPPP test procedure
consistent with DOE’s current
enforcement policy pertaining to DPPPs
that cannot be appropriately tested by
the current DOE test procedure; (2)
update references to industry test
Commenter type
Efficiency Organizations.
Utilities.
standards to reflect current industry
practices; (3) align DOE’s DPPP
definitions with DOE’s corresponding
DPPP motor definitions; and (4) remove
the current test procedure at appendix
B, which is obsolete. DOE’s proposed
actions are summarized in Table II.1
compared to the current test procedure
as well as the reason for the proposed
change. DOE notes that it is reprinting
the entirety of the proposed appendix B,
which is the current appendix C renamed to appendix B with amendments
as proposed, with formatting changes.
All substantive proposals are
summarized in Table II.1.
TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Proposed test procedure
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DOE issued an enforcement policy pertaining to certain
types of DPPPs that were not considered during the
development of the test procedures and currently applicable energy conservation standards for DPPPs.
References NSF/American National Standards Institute
(‘‘ANSI’’)/Canadian Standards Association (‘‘CAN’’)
50–2015, Hydraulic Institute (‘‘HI’’) 40.6–2016.
Not all definitions relevant to DPPP in 10 CFR 431.462
are aligned with definitions specified for DPPP motors
in 10 CFR 431.483.
4 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for DPPPs.
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Codify the enforcement policy in 10 CFR 431.464 by
explicitly excluding these certain pumps from the
scope of DOE’s DPPP test procedure.
Improve clarity of test procedure.
Adopts latest versions of these referenced industry
standards.
Harmonize with updated industry standard.
Amends the following pump definitions in 10 CFR
431.462 to align with the corresponding DPPP motor
definitions in 10 CFR 431.483: multi-speed dedicated-purpose pool pump, variable-speed dedicatedpurpose pool pump, dedicated-purpose pool pump
motor total horsepower, rigid-electric spa pump
motor. Adds definitions for drive and maximum operating speed.
Improve clarity of test procedure.
(Docket No. EERE–2022–BT–TP–0003, which is
maintained at www.regulations.gov). The references
are arranged as follows: (commenter name,
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comment docket ID number, page of that
document).
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TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE—
Continued
Current DOE test procedure
Proposed test procedure
Appendix B was required for any representations made
with respect to the energy use or efficiency of DPPPs
between February 5, 2018 and July 19, 2021.
DOE has tentatively determined that
the proposed amendments described in
section III of this NOPR would not alter
the measured efficiency of DPPPs or
require retesting or recertification solely
as a result of DOE’s adoption of the
proposed amendments to the test
procedures, if made final. Additionally,
DOE has tentatively determined that the
proposed amendments, if made final,
would not increase the cost of testing.
Discussion of DOE’s proposed actions
are addressed in detail in section III of
this NOPR.
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III. Discussion
In the following sections, DOE
proposes certain amendments to its test
procedures for DPPPs. For each
proposed amendment, DOE provides
relevant background information,
explains why the amendment merits
consideration, discusses relevant public
comments, and proposes a potential
approach.
A. Scope of Applicability
DOE’s test procedures for DPPPs
apply to the following types of DPPPs
that are served by single-phase or
polyphase input power: (1) self-priming
pool filter pumps, (2) non-self-priming
pool filter pumps, (3) waterfall pumps,
and (4) pressure cleaner booster pumps.
10 CFR 431.464(b)(1)(i)–(ii). These test
procedures do not apply to (1)
submersible pumps or (2) self-priming
and non-self-priming pool filter pumps
with hydraulic output power greater
than or equal to 2.5 horsepower. 10 CFR
431.464(b)(1)(iii).
The scope of the DPPP test procedure
as defined at 10 CFR 431.464(b)(1) is
consistent with the scope recommended
by the DPPP Working Group. As part of
its consideration of test procedure and
standards for DPPPs, the DPPP Working
Group determined that very large pool
filter pumps are most commonly
installed in commercial applications,
where the head and flow characteristics
are significantly different from
residential installations. Because of
these differences, the DPPP Working
Group concluded that a test procedure
for very large pool filter pumps would
have required different load points than
those established for residential pool
pumps. Additionally, it was determined
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Removes appendix B, which is now obsolete, and renames appendix C as appendix B.
that for very large pool filter pumps,
changes in the equipment such as pipe
diameter made system curve C
unrepresentative of such equipment (see
below for further information on system
curves). (Docket No. EERE–2015–BT–
STD–0008, No. 53 at p. 190–191, 197–
199). The DPPP Working Group also
discussed very large pool filter pumps’
use of motors which are already subject
to DOE standards and which are
generally higher efficiency than motors
of smaller pool filter pumps. (Docket
No. EERE–2015–BT–STD–0008, No. 79,
p. 40).
During the course of the DPPP
Working Group negotiations, a
hydraulic output of 2.5 hydraulic
horsepower (‘‘hhp’’) was discussed as
the threshold value that differentiates
residential pool filter pumps from the
type of very large pool filter pumps
most commonly installed in commercial
applications. (Docket No. EERE–2015–
BT–STD–0008, No. 79 at p. 33–34, p. 39,
p. 41–42, p. 44–48, p. 50–53). The
identification of 2.5 hhp as the
threshold was based on identifying the
DPPP with largest hhp in the California
Energy Commission’s certification
database,5 which was presumed to
include pumps used only in residential
applications. The DPPP Working Group
also noted a lack of performance data for
very large pool filter pumps, which
prevented the group from negotiating
standards for these pumps.
Consequently, the DPPP Working Group
did not recommend a test procedure for
these pumps. (Docket No. EERE–2015–
BT–STD–0008, No. 79 at p. 33–34, p. 39,
p. 41–42, p. 44–48, p. 50–53). Consistent
with the recommendations of the DPPP
Working Group, DOE did not adopt a
test procedure or standards for pool
filter pumps with hydraulic output
power greater than or equal to 2.5 hhp
in the August 2017 TP Final Rule. 82 FR
36858, 36872.
Subsequent to the adoption of the test
procedure and energy conservation
standards for DPPPs, DOE became aware
of several models of DPPPs that are
designed and marketed for commercial
5 California Energy Commission’s Modernized
Appliance Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/
AdvancedSearch.aspx.
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Improve clarity of test procedure.
applications but that do in fact have
hydraulic output power less than 2.5
hhp. These pumps are also
characterized as having an orifice with
inner diameter of greater than 2.85
inches and a measured performance of
greater than or equal to 200 gallons per
minute (‘‘gpm’’) at 50 feet of head, as
measured in accordance with the DOE
test procedure. The Office of the General
Counsel issued an enforcement policy
statement regarding these DPPPs
(‘‘DPPP Enforcement Policy’’).6 The DPP
Enforcement Policy explained that these
pumps were considered to be different
from dedicated-purpose pool pumps
considered during the DPPP Working
Group negotiations, but were not
explicitly exempted in the regulatory
text of the August 2017 TP Final Rule
and January 2017 ECS Direct Final Rule.
The policy states that DOE will not
enforce the testing, labeling,
certification, and standards compliance
requirements for DPPPs meeting all of
the following three criteria: (1) the
orifice on the pump body that accepts
suction side plumbing connections has
an inner diameter of greater than 2.85
inches; (2) the pump has a measured
performance of ≥200 gpm at 50 feet of
head as determined in accordance with
appendix B or appendix C (as
applicable) to subpart Y of part 431,
section I.A.1 (when determining overall
efficiency, best efficiency point, or other
applicable pump energy performance
information, section 40.6.5.5.1, ‘‘Test
procedure’’; section 40.6.6.2, ‘‘Pump
efficiency’’; and section 40.6.6.3,
‘‘Performance curve’’ must be used, as
applicable); and (3) the pump is
marketed exclusively for commercial
applications.
In the January 2022 TP RFI, DOE
requested comment on whether it
should expand the scope of the DPPP
test procedure to include pumps
designed for commercial applications,
including those subject to the DPPP
Enforcement Policy and/or pool filter
pumps with hydraulic output power
greater than or equal to 2.5hhp. 87 FR
3457, 3460. DOE also sought
information on which test points and
6 www.energy.gov/gc/articles/direct-purpose-poolpumps-enforcement-policy.
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system curves 7 would be appropriate to
measure performance of these DPPPs.
Id. The following sections discuss
comments received and DOE’s
consideration of pool filter pumps with
hydraulic output power greater than or
equal to 2.5 hhp and pumps subject to
the DPPP Enforcement Policy.
1. Pool Filter Pumps With Hydraulic
Output Power ≥2.5 HHP
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The PHTA stated that DOE should not
expand the scope of the DPPP test
procedure to include commercial
pumps with 2.5 hhp or greater, as these
pumps cover a wide range of
applications and are subject to strict
public health regulations. (PHTA, No. 6,
pp. 13–14) The PHTA further
commented that if these large pumps are
pursued, the scope would need to be
narrowed (e.g., capped at 5 hhp or
single-phase motors only). (Id.) Fluidra
stated that the scope and range of
commercial pumps above 2.5 hhp is
varied and vast, and that DOE should
consider limiting the scope of coverage
for commercial DPPPs to single speed
DPPPs that fall under DOE’s DPPP
Enforcement Policy. Fluidra stated that
before extending the scope further, DOE
would need to conduct a new analysis
and develop a new test method with
industry as for commercial applications,
pipe sizes range from 3-to-12-inch
plumbing, and only system Curves A, B,
and C 8 have been commonly accepted
by industry. (Fluidra, No. 7, pp. 9–10)
The PHTA also stated that DOE would
need to determine a new test point to
develop an appropriate system curve
because the current test procedure is
based on the system curve C, on which
the larger DPPPs do not operate. (PHTA,
No. 6, p. 14) This new test procedure
would need to also determine the
plumbing size, hhp categories, and
appropriate curve per those categories.
Id.
DOE noted in the August 2017 TP
Final Rule that the system curve C on
which DOE’s current DPPP test
7 A system curve is a graphical representation of
the relationship between flow rate and the
associated head losses.
8 A set of standardized system curves has been
developed for DPPPs, designated as A, B, C, and D.
Curves A, B, and C were developed by Pacific Gas
and Electric based data from an exercise by ADM
Associates, Inc. in 2002, Evaluation of Year 2001
Summer Initiatives Pool Pump Program and input
from industry experts. The Australia state and
territory governments and the New Zealand
government operate the Energy Rating Labeling
Program rely on Australian Standard (AS) 5102–
2009, ‘‘Performance of household electrical
appliances—Swimming pool pump—units, Parts 1
and 2’’ (AS 5102–2009) which utilizes system curve
D.
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procedure is based 9 was initially
developed to be representative of 2.5inch plumbing. 82 FR 36858, 36879.
Additionally, section 4.1.2.1.3 of ANSI/
Association of Pool and Spa
Professionals (‘‘APSP’’)/International
Code Council (‘‘ICC’’)–15a–2013 10
describes curves A, B, and C as
‘‘approximately’’ representative of 2.0inch, 1.5-inch, and 2.5-inch diameter
pipe, respectively, as noted in the 2016
NOPR that preceded the August 2017
TP Final Rule. 81 FR 64580, 64598
(September 20, 2016) (‘‘2016 TP
NOPR’’).
ASAP et. al, CEC and NYSERDA, and
the CA IOUs commented that DOE
should develop a test procedure to cover
large commercial pool pumps. These
commenters each cited a study by
Worth et al. (‘‘Worth et al. study’’) 11
that estimated that while large public
pools comprise only 2 percent of the
total in-ground pools, they account for
49 percent of total pool pump energy
use. (ASAP et al., No. 8, p. 1; CEC and
NYSERDA, No. 9, p. 2; CA IOUs, No. 10,
p. 2) The CA IOUs noted that the
current scope of the DPPP products test
procedure was limited to products
below 2.5 hhp, and that the
corresponding standards had yielded
significant energy savings. (CA IOUs,
No. 10, p. 2) The CA IOUs stated that
the Worth et al. study demonstrates that
the large commercial pool pump market
consumes approximately the same
electrical energy as pool pumps subject
to DOE’s DPPPs regulations. The CA
IOUs also commented that the study
cited an aquatic management system
field study that reported at least 25
percent savings due to the use of
variable speed controls compared to
conventional baseline pumps at each
large commercial pump installation,
indicating significant energy savings
potential. (CA IOUs, No. 10, pp. 2–3)
Therefore, the CA IOUs recommended
that DOE develop a test procedure for
pumps above 2.5 hhp. Id.
The PHTA stated that DOE should not
include commercial DPPPs, noting that
there are 258,366 commercial pools,
which represents 4.67% of the United
States pool market, and that many pool
pumps used in smaller commercial
9 Specifically, for self-priming pool filter pumps
and non-self-priming pool filter pumps, Table 1 of
appendix C specifies a head equation corresponding
to system curve B (i.e., H = 0.0082 × Q2).
10 ANSI/APSP/ICC–15a–2013, ‘‘American
National Standard For Residential Swimming Pool
And Spa Energy Efficiency.’’
11 Worth, C., T. Rosenfeld, G. Gockel, and G.
Fernstrom. ‘‘A Cannonball of Opportunity: The
Hidden Savings Potential from Large Public
Swimming Pools.’’ Proceedings from the 2018
ACEEE Summer Study on Energy Efficiency in
Buildings.
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74027
pools such as hotels or condos are
already captured by the DPPP rule. The
PHTA stated it lacked data on how
many pumps larger than 2.5 hhp are
currently utilized, but noted that many
of these larger commercial pools likely
use single speed pumps and that of
those three-phase pumps in use most
used VFDs. PHTA further added that
most commercial pool applications are
engineered to ensure proper turnover
rates that ensure compliance with state
public health and safety regulations and
national industry codes and standards.
PHTA stated that it believes the
challenges of expanding the scope or
developing a separate test procedure far
outweigh the benefits. (PHTA, No. 6, p.
14).
ASAP et. al stated that because of the
differences in head and flow
characteristics between commercial and
residential pool applications, DOE
should investigate the representative
test points and system curves for DPPPs
designed for commercial pool
applications. Such a test procedure
would give consumers access to energy
efficiency information based on a
standardized test method. (ASAP et al.,
No. 8, p. 1)
With regard to the development of a
system curve for large commercial pool
pumps, the CA IOUs noted that the
DPPP Working Group had discussed
potential low- and high-flow operating
points for DPPPs with larger than 2.5
hhp. (CA IOUs, No. 10, p. 3) The CA
IOUs encouraged DOE to continue this
development, and expressed support for
using a constant head system curve
rather than Curve C as the DPPP
Working Group had recommended. To
support its recommendation, the CA
IOUs presented field data collected by
HMW International Inc. from 47 large
commercial pools in California of
varying sizes and filtration flow rates.12
The CA IOUs stated that the study
showed a somewhat consistent linear
trend between flow rate and power,
indicating that flow rate is the primary
source energy demand variation. The
CA IOUs explained that this trend is
attributable to the rule of thumb used by
industry in which these systems are
designed using an end-suction closed
coupled pump with an assumed
constant head pressure of 60 to 70 feet.
The CA IOUs asserted that although this
constant head pressure assumption is
different from the 47 feet of head in the
200 to 500 gpm (2 to 7 hhp) range
12 Ibid,
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assumed by the DPPP Working Group,13
the use of a constant head test method
approach for this equipment appears to
be practical and supported by field data.
The CA IOUs stated that DOE should
work with industry to refine the system
curve and design head assumptions
based on current practices and field data
in order to propose a test method for the
larger commercial DPPPs. (CA IOUs, No.
10, pp. 3–4)
In this NOPR, DOE is not proposing
a test procedure for DPPPs with greater
than 2.5 hhp. Regarding comments to
develop the appropriate system curve
and test load points for DPPPs with
greater than 2.5 hhp, DOE notes that the
DPPP Working Group discussed
potential test procedures for DPPPs with
greater than 2.5 hhp, but did not come
to consensus on such a test procedure.
The DPPP Working Group discussed
how, unlike DPPPs with less than 2.5
hhp which are typically installed in
residential applications, very large pool
filter pumps are more commonly
installed in commercial applications
with significantly different and variable
head and flow characteristics than those
applicable to residential applications.
(Docket No. EERE–2015–BT–STD–0008,
CA IOUs No. 53 at p. 197–200)
Therefore, the DPPP Working Group
determined that any test procedure for
very large pool filter pumps (i.e., those
over 2.5 hhp) would require unique load
points and system curves. (Docket No.
EERE–2015–BT–STD–0008, No. 53 at p.
190–191). The DPPP Working Group
considered system curves other than
curve C and ultimately considered a
constant head test method for larger
DPPPs, as noted by the CA IOUs, with
discussion regarding a potential
discontinuity at 2.5 hhp.14 The CA IOUs
comment cites a study that would
support a different constant head value
than that discussed by the DPPP
Working Group for pumps over 2.5 hhp.
In addition, as discussed in section
III.A.2, commenters recommended
considering system curves D and E for
pumps near 2.5 hhp and subject to the
enforcement policy. (CA IOUs, No. 10,
p. 2; CEC and NYSERDA, No. 9, p. 2)
DOE notes that the use of differing
system curves, including constant head
curves, across different categories or
sizes of DPPPs, would cause
13 See transcript from negotiations resulting in the
January 2017 ECS Direct Final Rule: Docket No.
EERE–2015–BT–STD–0008, No. 95, pp. 188–197.
14 See transcript from negotiations resulting in the
January 2017 ECS Direct Final Rule: Docket No.
EERE–2015–BT–STD–0008, No. 95, p. 188–197;
Docket No. EERE–2015–BT–STD–0008, No. 63, p. 2.
See for example, presentation from negotiations:
Docket No. EERE–2015–BT–STD–0008, No. 60, p.
143–147.
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discontinuities in ratings at the hhp
boundaries, which could cause
confusion in the marketplace due to the
inability to correctly compare products
in that space. DOE also lacks access to
and data regarding the distribution of
pool commercial pool sizes, which
would be necessary to independently
verify and to develop a test procedure.
Therefore, at this time, DOE does not
have sufficient field data or performance
characteristics to properly develop a test
procedure appropriate for DPPPs with
greater than 2.5 hhp. DOE has not been
made aware of or received any
additional data subsequent to the DPPP
Working Group process that would
allow it to develop a test procedure that
is representative for DPPPs with greater
than 2.5 hhp. If DOE determines in a
final rule not to expand the scope, DOE
will continue to monitor the commercial
pool market and regulatory environment
and reassess the scope of its test
procedure in the future.
In addition, DOE reviewed the Worth
et al. study cited by ASAP et al., CEC
and NYSERDA, and the CA IOUs. The
report recommends developing
standards to support incentives for
variable speed technology retrofits on
pumps used in large public pools. DOE
notes, however, that the report identifies
several barriers to using variable speed
technology pumps in public pools,
including restrictive health codes as
well as a lack of best practices, control
technology, and training specific to the
public pool industry.15 These barriers to
installing more efficient pumps in
public pools suggests that lack of a DOE
test procedure and accompanying
energy conservation standard for DPPPs
with greater than 2.5 hhp is not a key
barrier hindering the achievement of
pool pump efficiency in large
commercial pools. DOE is also
concerned that should DOE receive data
allowing DOE to develop a
representative test procedure for these
DPPPs, developing such test procedures
and standards may create conflict with
health and safety codes that are
applicable to most use cases for these
DPPPs. DOE welcomes comment on this
issue.
For the reasons discussed in this
section, in this NOPR, DOE is not
proposing a test procedure specific to
DPPPs with hydraulic output power
greater than 2.5 hhp.
DOE requests comment on its
preliminary determination not to
15 Worth, C., T. Rosenfeld, G. Gockel, and G.
Fernstrom. ‘‘A Cannonball of Opportunity: The
Hidden Savings Potential from Large Public
Swimming Pools.’’ Proceedings from the 2018
ACEEE Summer Study on Energy Efficiency in
Buildings, pp. 2–3.
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propose a test procedure specific to
DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests
data that would allow it to develop such
a test procedure if it was determined to
be warranted, including distribution of
commercial pool sizes and piping,
distribution of head and flow
requirements across applications in
consideration of current health and
safety codes, and distribution of single
speed and variable speed installations.
2. Pumps Subject to DOE’s DPPP
Enforcement Policy
The CA IOUs commented that DOE
should develop a test method for the
DPPPs near 2.5 hhp that meet the
criteria of the DPPP Enforcement Policy,
and that this criteria could be used to
identify a unique equipment class of
self-priming pool pumps that requires
separate testing conditions from
conventional self-priming pool pumps.
The CA IOUs noted that the system
curve C is reportedly not appropriate for
testing due to larger suction and outlet
side plumbing that would lower the
total dynamic head for a given flow. The
CA IOUs stated the current test
procedure is based on system curve C,
which represents approximately 2.5inch plumbing with total dynamic head
representative of residential pools. The
CA IOUs stated DOE should work with
industry to determine if curve D 16 or a
new curve E would be a more
appropriate option for these larger
DPPPs (i.e., that are near 2.5 hhp but
covered by the DPPP Enforcement
Policy) and validate the effectiveness of
the curve including the minimum gpm
value. They further stated that DOE
should collect data on both residential
and commercial products and work
with industry to estimate a suitable
minimum flow requirement for the lowspeed operating point for this potential
equipment class. (CA IOUs, No. 10, p.
2)
CEC and NYSERDA recommended
that DOE amend the test procedure to
ensure that pumps subject to the DPPP
Enforcement Policy can be
appropriately tested, and that doing so
would eliminate the need for the
enforcement policy. (CEC and
NYSERDA, No. 9, p. 1) They noted that
the DPPP Enforcement Policy was only
needed because the failure to consider
16 An Australian standard for pool pump units,
AS 5102.1:2019, ‘‘Performance of household
electrical appliances—Swimming pool pump-units
Measurement of energy consumption and
performance,’’ uses system curve D. Additionally
Pentair has referenced curve D in comments to
ENERGY STAR as reflective of the hydraulic
conditions of larger pools. (Available at
www.energystar.gov/sites/default/files/specs/
Pentair%20Comments.pdf).
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such DPPPs by the DPPP Working
Group was an oversight, and that DOE
should take the opportunity to correct
this oversight by amending the test
procedure to appropriately test those
DPPPs. Id. CEC and NYSERDA further
stated that, as discussed in the DPPP
Working Group, curve D and E 17 can be
a starting point for a potential system
curve for testing these DPPPs, which are
not intended to run on Curve C. (CEC
and NYSERDA, No. 9, p. 1)
PHTA and Fluidra commented that
DOE should codify DOE’s DPPP
Enforcement Policy. (PHTA, No. 6, p.
14, Fluidra, No. 7, p. 2)
As discussed in section III.A of this
document, the pumps subject to the
DPPP Enforcement Policy are designed
for commercial pool applications and
exhibit head and flow characteristics
that are significantly different from
residential installations. These
commercial applications also include a
much wider range of piping system
sizes and features and this range would
not allow DOE to create a system curve
from DOE’s existing data that would be
representative of these pumps. As such,
the current DOE test procedure would
not produce test results that are
representative for pumps with hydraulic
output power less than 2.5 hhp that are
designed and marketed for use in
commercial pool applications.
In this NOPR, DOE is not establishing
test procedures specific to the pumps
subject to the DPPP Enforcement Policy
for the same reasons described in
section III.A.1 of this NOPR regarding
DOE’s determination not to establish
test procedures for DPPPs with
hydraulic output power greater than 2.5
hhp—namely: (1) because any test
procedure for pumps with hydraulic
output power less than 2.5 hhp that are
designed and marketed for use in
commercial pool applications would
require unique load points and system
curves, and DOE does not have
sufficient data or any further
information than it did at the time of the
August 2017 TP Final Rule to develop
a test procedure appropriate for such
pumps and to consider the implications
of discontinuities at the capacity
boundaries, and (2) that DOE has
tentatively determined that any benefits
of such a test procedure would be
outweighed by potential complications
with health and sanitation codes.
In addition, since the test procedure
would not produce results that are
representative for pumps covered by
17 Although a ‘‘curve E’’ was mentioned during
discussions in the DPPP Working Group, DOE is not
aware of a curve E having been developed or used
by the pool pump industry.
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DOE’s DPPP Enforcement Policy, DOE is
proposing to amend the test procedure
scope language at 10 CFR
431.464(b)(1)(iii) to make explicit that
DPPPs meeting the three criteria
specified in DOE’s DPPP Enforcement
Policy are excluded from the scope of
the test procedure, with one
modification to the second criterion.
The second criterion specifies that the
pump have a measured performance of
≥200 gpm at 50 feet of head as
determined in accordance with
appendix B or C (as applicable) to
subpart Y of 10 CFR part 431, section
I.A.1 (When determining overall
efficiency, best efficiency point, or other
applicable pump energy performance
information, section 40.6.5.5.1, ‘‘Test
procedure’’; section 40.6.6.2, ‘‘Pump
efficiency’’; and section 40.6.6.3,
‘‘Performance curve’’ must be used, as
applicable.). Because DOE has
tentatively determined that the DPPP
test procedure is not applicable to these
DPPPs, DOE is proposing to remove the
reference to the DPPP test procedure
appendix and instead specify that the
measured gpm performance at 50 feet of
head be determined in accordance with
section 40.6.5.5.1, ‘‘Test procedure’’ and
section 40.6.6.3, ‘‘Performance curve’’ of
HI 40.6–2021.’’ This is not a substantive
change because the revision would more
explicitly reference the applicable
sections of the industry standard rather
than referencing the DPPP test
procedure that includes those
references.
Further, DOE is proposing to establish
additional product-specific enforcement
provisions for DPPPs at 10 CFR
429.134(i)(2) that would specify how
DOE would determine whether a given
pump satisfies the criteria of having a
measured performance of ≥200 gpm at
50 feet of head. Specifically, DOE is
proposing to specify that DOE would
use section 40.6.5.5.1, ‘‘Test procedure’’
and section 40.6.6.3, ‘‘Performance
curve’’ of HI 40.6–2021, to determine
the flow rate or gpm of the DPPP model
at 50 feet of head, and will use the mean
of the measurement (either the
measured flow rate for a single unit
sample or the average of the measured
flow rates for a multiple unit sample) to
determine the applicable standard, if
any. As discussed, these DPPPs are
distinguished by having an orifice with
inner diameter of greater than 2.85
inches; a measured performance of ≥200
gpm at 50 feet of head as determined in
accordance with appendix C, and are
marketed exclusively for commercial
applications.
DOE requests comment on its
preliminary determination not to
propose a test procedure specific to
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74029
DPPPs currently subject to the DPPP
Enforcement Policy. DOE also requests
data related to the applications these
DPPPs serve including pool size, piping
size, and minimum head and flow
requirements. DOE also requests any
data and information related to
development of a curve E, as well data
indicating how such a curve was
determined (or could be determined) to
be representative of this set of pumps.
DOE further requests comment on its
proposal to amend the Scope section of
the test procedure to explicitly exclude
such pumps from the scope of the test
procedure.
3. Certain Self-Priming Pumps and
Waterfall Pumps
DOE also received comments in
response to the January 2022 TP RFI
regarding the application of DOE’s DPPP
Enforcement Policy with respect to
certain self-priming pumps and
waterfall pumps.
Referencing a Pentair presentation
submitted to the CEC, the CA IOUs
stated that some self-priming DPPPs
used in residential applications meet
the enforcement policy criteria when a
vanishing edge water feature is present.
The CA IOUs commented that DOE
should revisit the criteria specifying
‘‘marketed exclusively for commercial
applications’’ to ensure that residential
DPPPs are not also adversely impacted
by the DOE test procedure rating
conditions. (CA IOUs, No. 10, p. 2) DOE
acknowledges that one of the pumps
shown in that presentation could be
subject to DOE’s DPPP Enforcement
Policy based on performance curve
alone. However, DOE believes it would
be excluded from the enforcement
policy based on orifice size and
marketing, indicating that curve C may
be more representative for this pump
than for pumps subject to the
enforcement policy, and that this
particular pump was likely among those
intended to be subject to standards. As
such, DOE is not proposing any changes
to the provisions of the enforcement
policy as they are proposed to be
applied to the scope of the test
procedure, discussed in section III.A.2.
The PHTA commented that DOE
should consider defining ‘‘commercial
waterfall pumps’’ because not all such
pumps meet the DPPP Enforcement
Policy criteria that specifies
performance of ≥200 gpm at 50 feet of
head. The PHTA commented that DOE
should create two separate categories for
‘‘waterfall pump’’ to address different
sizes and ensure that those intended for
commercial applications are addressed
differently. (PHTA, No. 6, p. 3, 14)
Fluidra also commented that the
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commercial application of waterfall
pumps should be included in the scope
of DOE’s DPPP Enforcement Policy.
Fluidra commented that DOE should
define ‘‘commercial waterfall pumps’’ to
meet the definition of ‘‘waterfall pump’’
at 10 CFR 431.462 and also meet criteria
1 and 3 of the DOE’s DPPP Enforcement
Policy: (1) the orifice on the pump body
that accepts suction side plumbing
connections has an inner diameter of
greater than 2.85 inches and (3) the
pump is marketed exclusively for
commercial applications. (Fluidra, No.
7, p. 2)
DOE notes that the definition of
waterfall pump at 10 CFR 431.462 is
limited to pool filter pumps with a
certified maximum head less than or
equal to 30.0 feet, and a maximum
speed less than or equal to 1,800 rpm.
Any pump with a certified maximum
head less than or equal to 30.0 feet
would not be capable of meeting the
second criteria of the DPPP Enforcement
Policy, which specifies a certain flow
rate level at 50 feet of head. Therefore,
a DPPP meeting the waterfall pump
definition would never be included in
the scope of the DOE DPPP Enforcement
Policy, including as DOE proposes to
codify the DPPP Enforcement Policy in
this NOPR. Fluidra’s proposal indicates
that orifice diameter (criteria 1) and
marketing (criteria 3) should be
sufficient to distinguish commercial
waterfall pumps from other waterfall
pumps and that commercial waterfall
pumps should be included in the DPPP
Enforcement Policy. (Fluidra, No. 7, p.
2) DOE has tentatively determined that
these conditions are not sufficient to
warrant different treatment. In
particular, both marketing and orifice
size can be changed—for example, an
adapter could be used to apply a pump
with a larger orifice to a smaller pipe
diameter. Furthermore, although curve
C was selected as the most
representative system curve for the DOE
test procedure, not all DPPPs subject to
the test procedure will be applied to 2.5
inch pumping. It was the combination
of significantly different hydraulic
conditions (in the form of the pump
curve) as well as presumably different
piping sizes and marketing, that was
used to identify DPPPs that were
hydraulically different from those
considered by the DPPP Working Group
and to establish the enforcement policy
criteria.
For the reasons discussed, DOE has
no technical basis with which to
propose excluding certain waterfall
pumps from the test procedure scope
based solely on orifice size and
marketing. Therefore, DOE has
tentatively determined not to propose a
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separate definition for commercial
waterfall pumps and to maintain the
single definition at 10 CFR 431.462.
DOE further notes that no certification
requirements or energy conservation
standards currently apply to DPPPs
meeting the current definition of
waterfall pump at 10 CFR 431.462. 10
CFR 429.59; 10 CFR 431.465. When
DOE selected Trial Standard Level 3 as
the energy conservation standard for
DPPPs, this standard did not establish a
standard level for waterfall pumps. 82
FR 5650, 5663, 5715, 5735. As such,
waterfall pumps as defined are subject
only to the test procedure should a
manufacturer choose to make
representations.
B. Updates to Industry Standards
The test conditions, methods, and
measurements described in appendix C
reference certain sections of several
industry standards, as described further
throughout this section. Several of the
referenced industry test standards have
been updated by industry since DOE
established its test procedures. The
currently referenced 2014 version 18 of
HI 40.6 (‘‘HI 40.6–2014’’) has been
updated to a 2021 version 19 (‘‘HI 40.6–
2021’’); the currently referenced 2015
version 20 of NSF/ANSI 50 (‘‘NSF/ANSI
50–2015’’) has been updated to a 2019
version 21 (‘‘NSF/ANSI/CAN 50–2019’’),
followed by a 2020 version 22 (‘‘NSF/
ANSI/CAN 50–2020’’); and the currently
referenced 2014 version 23 of CSA
C747–2009 (‘‘CSA C747–2014’’) has
been updated to a 2019 version 24 (‘‘CSA
C747–2019’’). In the January 2022 TP
RFI, DOE requested comment on the
updated standards HI 40.6–2021 and
NSF/ANSI/CAN 50–2019 25 and
18 Hydraulic Institute, Hydraulic Institute
Standard for Methods for Rotodynamic Pump
Efficiency Testing, Approved 2014.
19 Hydraulic Institute, Hydraulic Institute
Standard for Methods for Rotodynamic Pump
Efficiency Testing, Approved February 17, 2021.
20 NSF International, American National
Standards Institute, Equipment for Swimming
Pools, Spas, Hot Tubs and Other Recreational
Water Facilities, Approved January 26, 2015.
21 NSF International, American National
Standards Institute, Canadian Standards
Association, Equipment and Chemicals for
Swimming Pools, Spas, Hot Tubs, and Other
Recreational Water Facilities, Approved 2019.
22 NSF International, American National
Standards Institute, Canadian Standards
Association, Equipment and Chemicals for
Swimming Pools, Spas, Hot Tubs, and Other
Recreational Water Facilities, Approved October 21,
2020.
23 Canadian Standards Association, Energy
efficiency test methods for small motors, Approved
August 2016.
24 Canadian Standards Association, Energy
efficiency test methods for small motors, Approved
2019.
25 As discussed later in this section, the 2020
version of NSF/ANSI/CAN 50 was released
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whether they should be incorporated by
reference for the DPPP test procedure.
82 FR 3457, 3460–3461.
The PHTA stated that its members are
in overall support of using the latest
editions of most standards but need
more time to review the latest edition of
HI 40.6 to assess its impact. Regarding
updating to the 2020 version of NSF/
ANSI/CAN 50, PHTA stated that DOE
should use this version, and Fluidra
stated that use of this version is
acceptable if there are no changes to the
test method. (Fluidra, No. 7, p. 10;
PHTA, No. 6, p. 14–15)
The PHTA and Fluidra stated that if
updates to the latest editions of industry
standards require re-testing, those
updates would pose a significant burden
to manufacturers. (PHTA, No. 6, p. 14–
15; Fluidra, No. 7, p. 10) The PHTA
stated that members would not want to
invest in such a re-testing effort for
existing pumps on the market, and that
they presumed that any revised DPPP
rule would require only new pumps to
be tested to the latest editions of
industry standards. (PHTA, No. 6, p.
14–15)
NSF commented that it supports
retaining and updating NSF/ANSI/CAN
50 for DOE’s DPPP test procedure. NSF
stated that the section of NSF/ANSI/
CAN 50 that is referenced in DOE’s
DPPP test procedure has only changed
from being labeled C3 to N–3.3 and that
the performance requirements in the
section remain the same. (NSF, No. 4,
pp. 1–2)
Appendix C states that the WEF of
DPPPs must be determined in
accordance with HI 40.6–2014 (with the
exception of certain sections of the
industry standard). Appendix C
references HI 40.6–2014 with regards to
equipment, test conditions and
tolerances, and data collection and
stabilization. DOE’s review of the 2021
version of HI 40.6 indicates that updates
are mainly limited to nomenclature and
definitions,26 non-substantive changes
to section titles, and the inclusion of a
new appendix for the testing of
circulator pumps. DOE does not need to
reference the new appendix for the DOE
DPPP test procedure. Regarding the HI
40.6 sections referenced in appendix C
of the DOE test procedure, the title of
section 40.6.4, ‘‘Considerations when
determining the efficiency of a pump’’
has been changed to ‘‘Considerations
when determining the efficiency of
certain pumps.’’ Section A.7 of HI 40.6,
‘‘Testing at temperatures exceeding 30
subsequent to the analysis conducted in support of
the January 2022 TP RFI.
26 ANSI/HI 14.1–14.2 ‘‘Rotodynamic Pumps for
Nomenclature and Definitions’’.
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°C (86 °F)’’, which the DOE test
procedure currently directs not be used,
has been removed. Further, in the test
procedure NOPR for commercial and
industrial pumps published on April 11,
2022, DOE tentatively determined that
with respect to the provisions of HI
40.6–2014, the corresponding
provisions of HI 40.6–2021 are
substantively the same and that
adopting such provisions would not
change the current test procedure. 87 FR
21268, 21285. Based on these
considerations, DOE has tentatively
determined the updates in HI 40.6–2021
are non-substantive and will neither
affect testing nor result in different test
outcomes for the measured values of
DPPPs. DOE proposes to incorporate by
reference HI 40.6–2021 and update the
DPPP test procedure by replacing
references to HI 40.6–2014 with HI
40.6–2021. Since HI 40.6–2014 would
no longer be referenced if DOE were to
finalize the test procedure as proposed,
DOE also proposes to remove the
incorporation by reference of HI 40.6–
2014 by way of replacing it with HI
40.6–2021 at 10 CFR 431.463(d)(4).
Product-specific enforcement
provisions at 10 CFR 429.134(i)(2)(iv)(A)
also reference appendix A and section
40.6.3.2.2 of HI 40.6–2014. For similar
reasons as stated in the above
paragraph, DOE proposes to replace
these references to HI 40.6–2014 with
references to HI 40.6–2021.
Section F of appendix C references
section C.3 of appendix C of NSF/ANSI
50–2015 with regards to determining the
self-priming capability of a pump,
which is necessary to determine if a
DPPP meets DOE’s definition of a selfpriming or non-self-priming pump. In
the January 2022 TP RFI, DOE noted
that section N–3.3 of NSF/ANSI/CAN
50–2019 is the same as section C.3 of
NSF/ANSI 50–2015. 87 FR 3457, 3460–
3461. Subsequent to the time of analysis
of the January 2022 TP RFI, a 2020
version of the standard was released.
DOE reviewed the 2020 version and has
determined that, like the 2019 version,
section C.3 of NSF/ANSI 50–2015 is the
same as section N3–3 of NSF/ANSI/
CAN 50–2020. DOE’s review of the
content of these sections indicates no
changes. DOE has tentatively
determined that updates to the latest
version will neither affect testing nor
result in different test outcomes for the
measured values of DPPPs. Therefore,
DOE proposes to incorporate by
reference NSF/ANSI/CAN 50–2020 and
update the DPPP test procedure by
replacing references to C.3 of NSF/ANSI
50–2015 with N–3.3 of NSF/ANSI/CAN
50–2020. DOE also proposes to remove
the incorporation by reference of NSF/
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ANSI 50–2015 by way of replacing it
with NSF/ANSI 50–2020 at 10 CFR
431.463(g)(1).
DOE did not request for comment on
updating to CSA C747–2019 because it
is simply a reaffirmed version of CSA
C747–2014. Therefore, there are no
changes to this test standards, and DOE
proposes to incorporate by reference
CSA C747–2019.
As discussed, the proposed updates to
industry test standard references do not
involve substantive changes to the test
setup and methodology or impact
measured values. DOE has tentatively
determined that incorporation by
reference of the latest versions will align
DOE test procedures with the latest
industry standards.
DOE requests comments on the
proposal to incorporate by reference HI
40.6–2021, NSF/ANSI/CAN 50–2020,
and CSA C747–2019 for appendix C.
C. Definitions
Definitions relevant to DOE’s DPPP
test procedure are specified at 10 CFR
431.462. In the January 2022 TP RFI,
DOE requested comment on the
definitions of DPPPs and DPPP varieties
and whether any of the terms should be
amended. In particular, DOE requested
comment on whether the terms are
sufficient to identify which equipment
is subject to the test procedure and
whether any test procedure
amendments are required to ensure that
all such equipment can be appropriately
tested in accordance with the test
procedure. 87 FR 3457, 3459.
The PHTA commented that no
changes were needed to most of the
existing definitions, with some
exceptions. (PHTA, No. 6, p. 2)
The following sections discuss DOE’s
proposals to align certain DPPP
definitions with definitions for DPPP
motors, definitions pertaining to integral
filters, and definitions pertaining to
pool pump timers.
1. Aligning DPPP and DPPP Motor
Definitions
On August 14, 2018, DOE received a
petition submitted by a variety of
entities (collectively, the ‘‘Joint
Petitioners’’) 27 requesting that DOE
27 The petitioners included the following: The
Association of Pool & Spa Professionals, Alliance to
Save Energy, American Council for an EnergyEfficient Economy, Appliance Standards Awareness
Project, Arizona Public Service, California Energy
Commission, California Investor Owned Utilities,
Consumer Federation of America, Florida
Consumer Action Network, Hayward Industries,
National Electrical Manufacturers Association,
Natural Resources Defense Council, Nidec Motor
Corporation, Northwest Power and Conservation
Council, Pentair Water Pool and Spa, Regal Beloit
Corporation, Speck Pumps, Texas ROSE
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issue a direct final rule to establish
prescriptive standards and a labeling
requirement for DPPP motors (‘‘2018
DPPP Motor Petition’’).28 Appendix A of
the 2018 DPPP Motor Petition included
various recommended definitions
pertaining to the proposal. In response
to the January 2022 TP RFI, the PHTA
stated that DOE should review the
misalignment of definitions in the 2018
DPPP Motor Petition and DOE’s test
procedure final rule for DPPP motors
that went into effect September 27,
2021. (PHTA, No. 6, p. 2–3, 12)
Specifically, the PHTA stated that the
variable-speed and multi-speed
definitions from the 2018 DPPP Motor
Petition should be included in any
update to current DPPP rules, and that
DOE should refer to UL 1004–10 to
capture those definitions. (PHTA, No. 6,
p. 12) Fluidra commented that the 2018
DPPP Motor Petition, with all the
included definitions for DPPP motors,
should be adopted. (Fluidra, No. 7, p. 9)
On July 29, 2021, DOE published a
final rule establishing a test procedure
for DPPP motors. 86 FR 40765
(‘‘September 2021 DPPP Motors Final
Rule’’). In that rule, DOE specified that
the applicable definitions for DPPP
motors are in Section 2 ‘‘Glossary’’ of
UL 1004–10:2020 29 and codified this
specification in 10 CFR 431.483,
‘‘Definitions.’’ 86 FR 40765, 40769. In
the September 2021 DPPP Motors Final
Rule, DOE described that in the NOPR
for that test procedure rulemaking, it
had presented the main differences in
definitions specified in UL 1004–
10:2019 30 and those recommended in
the 2018 DPPP Motor Petition and,
further, had asked for comment on its
proposal to incorporate UL 1004–
10:2019. 86 FR 40765, 40769. In
response, the CA IOUs, National
Electrical Manufacturers Association
(‘‘NEMA’’) and PHTA during the
comment period expressed agreement
with incorporating UL 1004–10:2020.
(Docket No. EERE–2017–BT–STD–0048,
No. 64, p. 2; Docket No. EERE–2017–
BT–STD–0048, No. 57, p. 3). DOE in the
September 2021 DPPP Motors Final
Rule then incorporated UL 1004–
10:2020, having ascertained that this
latest version made only minor editorial
(Ratepayers’ Organization to Save Energy),
Waterway Plastics, WEG Commercial Motors, and
Zodiac Pool Systems.
28 The 2018 DPPP Motor Petition is available at
www.regulations.gov/document/EERE-2017-BTSTD-0048-0014.
29 UL Standards. Pool Pump Motors, Published
February 28, 2020.
30 UL Standards. Pool Pump Motors, Published
July 1, 2019.
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updates and made no changes compared
to the 2019 version. 86 FR 40765, 40770.
For this NOPR, DOE reviewed and
compared the definitions in Section 2
‘‘Glossary’’ of UL 1004–10:2020 for
DPPP motors, as referenced in 10 CFR
431.483, with the definitions in 10 CFR
431.462 that pertain to DPPPs in order
to identify any differences that may
create conflict or confusion. UL 1004–
10:2020 defines the following terms: (1)
dedicated-purpose pool pump (DPPP)
motor; (2) integral cartridge-filter pool
pump motor, (3) integral sand-filter pool
pump motor, (4) storable electric spa
pump motor, (5) rigid-electric spa pump
motor, (6) waterfall pump motor, (7)
two-speed dedicated-purpose pool
pump motor, (8) multi-speed dedicatedpurpose pool pump motor, and (9)
variable-speed control dedicatedpurpose pool pump motor. DOE
similarly defines each of these terms in
10 CFR 431.462, but as ‘‘pumps’’
without the word ‘‘motor.’’
The definition of dedicated-purpose
pool pump motor in UL 1004–10:2020
specifies that it is an electric motor that
is single-phase or poly-phase and is
designed and/or marketed for use in
dedicated-purpose pool pump
applications. The definition of
dedicated-purpose pool pump in 10
CFR 431.462 specifies different types of
pumps that together comprise the
broader definition of DPPP, but does not
provide any specifications regarding
motor components or intended
applications.31 Hence, the definition of
dedicated-purpose pool pump in 10
CFR 431.462 does not conflict with the
definition of dedicated-purpose pool
pump motor definition in UL 1004–
10:2020. Therefore, DOE has tentatively
determined that the definition of
dedicated-purpose pool pump in 10
CFR 431.462 does not need to be
amended.
The definitions of integral cartridgefilter pool pump motor, integral sandfilter pool pump motor, and storable
electric spa pump motor in UL 1004–
10:2020 state that the motor is a
component of the corresponding DPPP
type as defined in 10 CFR 431.462. The
definitions for these DPPP types in 10
CFR 431.462 do not provide any
specifications regarding motor
components. Hence, the definitions of
integral cartridge-filter pool pump,32
31 Dedicated-purpose pool pump is defined as
comprising self-priming pool filter pumps, non-selfpriming 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.
32 Integral cartridge-filter pool pump is defined as
a pump that requires a removable cartridge filter,
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integral sand-filter pool pump,33 and
storable electric spa pump 34 in 10 CFR
431.462 do not conflict with the
definitions of integral cartridge-filter
pool pump motor, integral sand-filter
pool pump motor, and storable electric
spa pump motor in UL 1004–10:2020.
Therefore, DOE has tentatively
determined that these definitions in 10
CFR 431.462 do not need to be
amended.
The definition of rigid electric spa
pump motor in UL 1004–10:2020 states
that the motor does not have a C-flange
or square flange mounting and that it is
labeled, designed, and marketed for use
only in rigid electric spas as defined in
10 CFR 431.462, Subpart Y, Pumps. The
definition of rigid electric spa pump in
10 CFR 431.462 specifies a different set
of mounting requirements and does not
include the requirement regarding enduse application.35 DOE has tentatively
determined that these differences could
create conflict or confusion and that the
UL 1004–10:2020 definition of rigid
electric spa pump motor may cause
confusion in that it may be interpreted
as referring to a definition of ‘‘rigid
electric spa’’ in 10 CFR 431.462, which
does not currently exist. Hence, to align
the definition of rigid electric spa pump
in 10 CFR 431.462 with the definition
of rigid electric spa pump motor in UL
1004–10:2020, DOE is proposing to
amend the definition of rigid electric
spa pump to specify that a rigid electric
spa pump has a motor that does not
have a C-flange or square flange
mounting, and that is labeled, and
designed and marketed for use only in
rigid electric spas, in addition to the
other criteria currently specified with
the existing definition of rigid electric
spa pump. DOE has not identified any
pump motors with C-flange or square
flange mounting that are marketed
exclusively for spa pumps. As such,
DOE has tentatively determined that
installed on the suction side of the pump, for
operation; and the cartridge filter cannot be
bypassed.
33 Integral sand-filter pool pump is defined as a
pump distributed in commerce with a sand filter
that cannot be bypassed.
34 Storable electric spa pump is defined as a
pump that is distributed in commerce with one or
more of the following: (1) an integral heater; and (2)
an integral air pump.
35 Rigid electric spa pump is defined as an end
suction pump that does not contain an integrated
basket strainer or require a basket strainer for
operation as stated in manufacturer literature
provided with the pump and that meets the
following three criteria: (1) is assembled with four
through bolts that hold the motor rear endplate, rear
bearing, rotor, front bearing, front endplate, and the
bare pump together as an integral unit; (2) is
constructed with buttress threads at the inlet and
discharge of the bare pump; and (3) uses a casing
or volute and connections constructed of a nonmetallic material.
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this change in definition would not
change the scope of pumps captured by
the definition.
DOE requests comment on its
proposed revision to the definition of
rigid electric spa pump, particularly
with regard to whether the language
regarding C-flange or square flange
mounting would change the scope of
pumps captured by the definition.
The definition of waterfall pump
motor in UL 1004–10:2020 states that
the motor must have a maximum speed
less than or equal to 1,800 revolutions
per minute (‘‘RPM’’) and is designed
and marketed for waterfall pump
applications and labeled for use only
with waterfall pumps. The definition of
waterfall pump in 10 CFR 431.462 also
specifies a maximum speed less than or
equal to 1,800 RPM and additionally
states that the certified maximum head
must be less than or equal to 30.0 feet.36
The specification of the maximum head
in the definition of waterfall pump is
not related to the motor component and
therefore does not conflict or cause
confusion with the definition of
waterfall pump motor in UL 1004–
10:2020. Therefore, DOE has tentatively
determined the definition of waterfall
pump in 10 CFR 431.462 does not need
to be amended.
The definition of two-speed
dedicated-purpose pool pump motor in
UL 1004–10:2020 specifies that the
pump motor is to be ‘‘provided’’ with a
pool pump control or if without one, the
pump cannot operate, among other
criteria. The definition of two-speed
dedicated-purpose pool pump in 10
CFR 431.462 specifies that the pump is
to be ‘‘distributed in commerce’’ with a
pool pump control or if without one, the
pump cannot operate, among other
criteria.37 DOE understands that the
phrases ‘‘distributed in commerce’’ and
‘‘provided’’ may be intended to convey
the same meaning; however, the phrase
‘‘distributed in commerce’’ provides
greater precision that better aligns with
DOE’s broader regulatory definitions
and statutory language in EPCA.
36 Waterfall pump is defined as a pool filter pump
with a certified maximum head less than or equal
to 30.0 feet, and a maximum speed less than or
equal to 1,800 rpm.
37 Two-speed dedicated-purpose pool pump is
defined as a dedicated-purpose pool pump that is
capable of operating at only two different predetermined operating speeds, where the low
operating speed is less than or equal to half of the
maximum operating speed and greater than zero,
and must be distributed in commerce either: (1)
with a pool pump control (e.g., variable speed drive
and user interface or switch) that is capable of
changing the speed in response to user preferences;
or (2) without a pool pump control that has the
capability to change speed in response to user
preferences, but is unable to operate without the
presence of such a pool pump control.
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Therefore, DOE has tentatively
determined to maintain the wording
‘‘distributed in commerce’’ and make no
amendments to the definition of two-
speed dedicated-purpose pool pump in
10 CFR 431.462.
The definition of multi-speed
dedicated-purpose pool pump motor in
UL 1004–10:2002 contains notable
74033
differences compared to the definition
of multi-speed dedicated-purpose pool
pump at 10 CFR 431.462.38 Table III.1
summarizes the differences between
these definitions.
TABLE III.1—COMPARISON OF MULTI-SPEED DPPP AND MULTI-SPEED DPPP MOTOR DEFINITIONS
Multi-speed DPPP motor definition in UL 1004–10:2020
Multi-speed DPPP definition at 10 CFR 431.462
Allows for the motor to be provided without an on-board pool pump
motor control that meets certain defined criteria, but includes a condition that the motor is ‘‘unable to operate without the presence of’’
such an on-board pool pump control.
Uses the phrase ‘‘provided’’ with respect to the on-board pool pump
control.
Specifies that a multi-speed DPPP motor is not a variable-speed DPPP
motor.
Does not allow for the pump to be provided without an on-board pool
pump motor control that meets certain defined criteria.
To align the multi-speed dedicatedpurpose pool pump definition at 10 CFR
431.62 with the multi-speed dedicatedpurpose pool pump motor definition in
UL 1004–10:2020, DOE is proposing to
amend the definition of multi-speed
dedicated-purpose pool pump at 10 CFR
431.62 as follows: (1) explicitly allow
for the pump to be distributed in
commerce without an onboard pool
pump control that meets the currently
defined criteria, but include a condition
that the pump is unable to operate
Uses the phrase ‘‘distributed in commerce’’ with respect to the onboard pool pump control.
Does not specify any exclusion of variable-speed DPPP.
without such an on-board pool pump
motor control; and (2) explicitly specify
that a multi-speed dedicated-purpose
pool pump is not a variable-speed
dedicated purpose pool pump. DOE has
tentatively determined that these
additions would further clarify the
definition but would not be substantive
changes (i.e., would not change the
scope of products currently on the
market that meet this definition). DOE is
also proposing to maintain the phrase
‘‘distributed in commerce’’ since
‘‘distributed in commerce’’ is more
precise and better aligns with DOE’s
broader regulatory definitions and
statutory language in EPCA than the
phrase ‘‘provided’’.
Similarly, the definition of variablespeed dedicated-purpose pool pump
motor in UL 1004–10:2002 contains
notable differences compared to the
definition of variable-speed dedicatedpurpose pool pump at 10 CFR
431.462.39 Table III.2 summarizes the
differences between these definitions.
TABLE III.2—VARIABLE-SPEED DPPP AND DPPP MOTOR DEFINITIONS
Variable-speed DPPP motor definition in UL 1004–10:2020
Variable-speed DPPP definition at 10 CFR 431.462
Specifies the capability of operating at ‘‘four or more discrete user- or
pre-determined operating speeds.’’.
Does not contain any specifications regarding the separation of speeds
Specifies the capability of operating at ‘‘a variety of user-determined
speeds.’’
Requires that all the speeds are separated by at most 100 rpm increments over the operating range.
Requires that the lowest operating speed is less than or equal to onethird of the maximum operating speed and greater than zero.
Requires that one of the operating speeds is the maximum operating
speed and at least: (1) One of the operating speeds is 75% to 85%
of the maximum operating speed; (2) One of the operating speeds is
45% to 55% of the maximum operating speed; and (3) One of the
operating speeds is less than or equal to 40% of the maximum operating speed and greater than zero.
Uses the phrase ‘‘provided’’ with respect to the user interface ...............
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Requires that the motor without a variable speed drive, and with or
without a user interface, must be unable to operate without the presence of a variable speed drive.
Requires that any high-speed override capability shall be for a temporary period not to exceed one 24-hour cycle without resetting to
default settings or resuming normal operating according to pre-programmed user preferences.
38 Multi-speed dedicated-purpose pool pump is
defined as a dedicated-purpose pool pump that is
capable of operating at more than two discrete, predetermined operating speeds separated by speed
increments greater than 100 rpm, where the lowest
speed is less than or equal to half of the maximum
operating speed and greater than zero, and must be
distributed in commerce with an on-board pool
pump control (i.e., variable speed drive and user
interface or programmable switch) that changes the
speed in response to pre-programmed user
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Uses the phrase ‘‘distributed in commerce’’ with respect to the user
interface.
No such specification regarding motor without variable speed drive.
No such specification regarding high-speed override capability.
preferences and allows the user to select the
duration of each speed and/or the on/off times.
39 Variable-speed dedicated-purpose pool pump
is defined as a dedicated-purpose pool pump that
is capable of operating at a variety of userdetermined speeds, where all the speeds are
separated by at most 100 rpm increments over the
operating range and the lowest operating speed is
less than or equal to one-third of the maximum
operating speed and greater than zero. Such a pump
must include a variable speed drive and be
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distributed in commerce either: (1) with a user
interface that changes the speed in response to preprogrammed user preferences and allows the user
to select the duration of each speed and/or the on/
off times; or (2) without a user interface that
changes the speed in response to pre-programmed
user preferences and allows the user to select the
duration of each speed and/or the on/off times, but
is unable to operate without the presence of a user
interface.
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TABLE III.2—VARIABLE-SPEED DPPP AND DPPP MOTOR DEFINITIONS—Continued
Variable-speed DPPP motor definition in UL 1004–10:2020
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Includes the following requirements regarding the daily run time schedule: (1) Any factory default setting for daily run time shall not include
more hours at an operating speed above 55% of maximum operating
speed than the hours at or below 55% of maximum operating speed;
(2) If a motor is not provided with a factory default setting for daily
run time schedule, the default operating speed after any priming
cycle as defined in 10 CFR, Part 431, Subpart Y, (if applicable) shall
be no greater than 55% of the maximum operating speed.
To align the variable-speed dedicatedpurpose pool pump definition at 10 CFR
431.62 with the variable-speed
dedicated-purpose pool pump motor
definition in UL 1004–10:2020, DOE is
proposing to amend the definition of
variable-speed dedicated-purpose pool
pump at 10 CFR 431.62 as follows: (1)
require the pump to be capable of
operating at 4 or more speeds instead of
‘‘a variety of’’ speeds; (2) remove the
specification that the speeds be no more
than 100 RPM increments apart; (3)
replace the specification that the lowest
speed be one-third of the maximum
operating speed with the speed
requirements specified in the UL 1004–
10:2020 definition; (4) maintain the
phrase ‘‘distributed in commerce’’
rather than ‘‘provided’’, for the reasons
previously described; (5) specify that
with or without a user interface, the
pump cannot operate without the
variable speed drive; (6) add
specifications regarding high-speed
override capability consistent with the
specifications provided in the UL 1004–
10:2020 definition; and (7) add
specifications regarding daily run time
schedule consistent with the
specifications provided in the UL 1004–
10:2020 definition.
These amendments to the definition
of variable-speed dedicate-purpose pool
pump could change whether a DPPP is
classified as being multi-speed or
variable speed. However, because the
DPPP test procedure for multi-speed
and variable-speed dedicated-purpose
pool pumps is the same, DOE has
tentatively determined this would not
result in any changes to measured
values. In summary, DOE is proposing
to amend the definition of variablespeed dedicated-purpose pool pump at
10 CFR 431.62 to align with the
definition of variable-speed dedicatedpurpose pool pump motor in UL 1004–
10. This amendment would ensure that
both the motor and the pump itself are
categorized as variable-speed based on
the same set of criteria.
DOE requests comments on whether
any DPPPs currently on the market that
meet the existing definition of variable-
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Variable-speed DPPP definition at 10 CFR 431.462
No such requirements regarding daily run time schedule.
speed dedicated-purpose pool pump but
that would not meet the proposed
amended definition. DOE requests
comment on whether the proposed
amendments would change how any
specific DPPP models are currently
tested, and if so, how. In particular,
DOE also requests comment on the
necessity of including specifications
related to high-speed override capability
and daily run time schedule in the
variable-speed dedicated-purpose pool
pump definition.
Additionally, the terms ‘‘designed and
marketed’’ 40 and ‘‘dedicated-purpose
pool pump motor total horsepower’’ 41
are defined in both UL 1004–10:2020
and 10 CFR 431.462. The term
‘‘designed and marketed’’ is defined and
used in the definition of pressure
cleaner booster pump in 10 CFR
431.462, which is not defined in UL
1004–10:2020. Hence, DOE has
tentatively determined that there is no
conflict that requires amendment of the
definition for designed and marketed.
The definition of dedicated-purpose
pool pump motor total horsepower in
UL 1004–10:2020 specifies that total
horsepower be ‘‘calculated in
accordance with the method provided
in Section E.3.4 of appendix C of 10
CFR part 431, subpart Y, Pumps.’’ This
instruction is consistent with the
requirements of the current DOE test
procedure.42 Therefore, to provide
40 ‘‘Designed and marketed’’ means that the
equipment is designed to fulfill the indicated
application and, when distributed in commerce, is
designated and marketed for that application, with
the designation on the packaging and any publicly
available documents (e.g., product literature,
catalogs, and packaging labels). 10 CFR 431.462.
41 Dedicated-purpose pool pump motor total
horsepower means the product of the dedicatedpurpose pool pump nominal motor horsepower and
the dedicated-purpose pool pump service factor of
a motor used on a dedicated-purpose pool pump
based on the maximum continuous duty motor
power output rating allowable for the motor’s
nameplate ambient rating and insulation class.
(Dedicated-purpose pool pump motor total
horsepower is also referred to in the industry as
service factor horsepower or motor capacity.) 10
CFR 431.462.
42 Section E.3.4 of appendix C specifies
determining the dedicated-purpose pool pump
motor total horsepower according to section E.3.4.1
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further consistency between UL 1004–
10:2020 and DOE’s test procedure, DOE
proposes to specify in the definition of
dedicated-purpose pool pump motor
total horsepower in 10 CFR 431.462 that
total horsepower is calculated in
accordance with the method provided
in section E.3.4 of DOE’s DPPP test
procedure.
UL 1004–10:2020 also defines the
terms ‘‘drive’’ 43 and ‘‘maximum
operating speed’’.44 In 10 CFR 431.462,
the term ‘‘drive’’ is used as part of the
term ‘‘variable speed drive,’’ but is not
defined separately. Similarly, the term
‘‘maximum operating speed’’ is used
within the definitions of two-speed
dedicated-purpose pool pump, variablespeed dedicated-purpose pool pump,
and multi-speed dedicated-purpose pool
pump in 10 CFR 431.462, but is not
separately defined. To improve the
comprehensiveness of the definitions in
10 CFR 431.462 and to further align
with UL 1004–10:2020, DOE is
proposing to add definitions for the
terms ‘‘drive’’ and ‘‘maximum operating
speed’’ consistent with how these terms
are defined in UL 1004–10:2020.
UL 1004–10:2020 also defines the
following terms that are not defined at
10 CFR 431.462: ‘‘capacitor-start,’’
‘‘induction-run,’’ ‘‘designed and/or
marketed,’’ ‘‘factory default setting,’’
and ‘‘split phase.’’ These terms are not
used in the DPPP test procedure.
Therefore, DOE has tentatively
determined that there is no need to
include them at 10 CFR 431.462 for
DPPPs.
DOE requests comment on its
proposed amendments to definitions in
10 CFR 431.462 for rigid electric spa
pumps, multi-speed dedicated-purpose
pool pump, variable-speed dedicatedof appendix C for dedicated-purpose pool pumps
with single-phase AC motors or DC motors and
section E.3.4.2 of appendix C for dedicated-purpose
pool pumps with polyphase AC motors.
43 Drive is defined in UL 1004–10:2020 as a
power converter, such as a variable-speed drive or
phase-converter.
44 Maximum operating speed is defined in UL
1004–10:2020 as the rated full-load speed of a
motor powered by a 60 Hz alternating current (AC)
source.
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purpose pool pump, and dedicatedpurpose pool pump motor total
horsepower. DOE requests comment on
its proposal to add definitions in 10 CFR
431.462 for drive and maximum
operating speed. DOE requests comment
whether the proposed amendments
would change how DPPP models are
currently tested, and if so, how.
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2. Integral Filters
DOE defines two types of DPPPs,
integral cartridge-filter pool pump 45
and integral sand-filter pool pump,46 as
pool pumps for which the filter cannot
be bypassed. 10 CFR 431.462. These two
definitions depend on the defined term
‘‘integral’’ 47 and also on the currently
undefined term ‘‘bypassed.’’ The
definitions of these pump varieties do
not explicitly provide whether removing
the filtration media constitutes
bypassing the filter. In the January 2022
TP RFI, DOE requested comment on
whether it should define the term
‘‘bypass’’ and whether it should provide
additional detail for the definition of the
term ‘‘integral.’’ 87 FR 3457, 3459.
The PHTA commented that the term
‘‘integral’’ was specified for pumps in
which the filtration apparatus cannot be
bypassed so that only the motor
efficiency can be isolated for testing.
(PHTA, No. 6, p. 13) The PHTA added
that based on industry experience, use
of the term ‘‘bypass’’ in the definition of
integral is easy to understand and labs
do not have an issue in determining
whether a motor can be bypassed from
the filtration medium for testing.
(PHTA, No. 6, p. 13)
Considering this comment from
PHTA, DOE has tentatively determined
that the definitions of integral, integral
cartridge-filter pool pump, and integral
sand-filter pool pump are sufficient in
identifying whether a pool pump
constitutes an integral cartridge-filter
pool pump or integral sand-filter pool
pump, and that defining the term
‘‘bypassed’’ or any other associated
terminology is not necessary.
DOE requests comments on its
tentative determination that
amendments to the definitions of
integral, integral cartridge-filter pool
pump, and integral sand-filter pool
pump are not necessary, and that a new
45 Integral cartridge-filter pool pump means a
pump that requires a removable cartridge filter,
installed on the suction side of the pump, for
operation; and the cartridge filter cannot be
bypassed.
46 Integral sand-filter pool pump means a pump
distributed in commerce with a sand filter that
cannot be bypassed.
47 Integral means a part of the device that cannot
be removed without compromising the device’s
function or destroying the physical integrity of the
unit. 10 CFR 431.462.
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definition for the term ‘‘bypassed’’ is not
necessary.
3. Pool Pump Timers
The energy conservation standards for
integral cartridge-filter pool pumps and
integral sand-filter pool pumps at 10
CFR 431.465 require that each pump
that is manufactured starting on July 19,
2021 must be distributed in commerce
with a pool pump timer that is either
integral to the pump or a separate
component shipped with the pump. 10
CFR 431.465(g). The term ‘‘pool pump
timer’’ is defined as a pool pump
control that automatically turns off a
DPPP after a run-time of no longer than
10 hours. 10 CFR 431.462.
In the January 2022 TP RFI, DOE
requested comment on whether it
should provide additional detail in the
definitions of pool pump timers and
integral filter housings regarding the
requirements of the pool pump timer. 87
FR 3457, 3459. The PHTA commented
that the definition of ‘‘pool pump timer’’
could be further clarified to specify that
it only applies to integral cartridge filter
pumps and integral sand filter pumps.
(PHTA, No. 6, p. 12)
The term ‘‘pool pump timer,’’ aside
from being defined in 10 CFR 431.462,
is referenced by DOE only at 10 CFR
431.465(g). As described, the design
requirements specified at 10 CFR
431.465(g) pertain only to integral
cartridge filter pool pumps and integral
sand filter pool pumps. Although the
term is only used by DOE in reference
to integral cartridge filter pool pumps
and integral sand filter pool pumps,
DOE has tentatively concluded that it is
not necessary to limit the definition of
pool pump timer to only these two types
of DPPPs. Therefore, DOE has
tentatively determined that further
clarification of the definition of pool
pump timer is not needed
D. Test Method for Pressure Cleaner
Booster Pumps
The current DOE test procedure
requires testing pressure cleaner booster
pumps at one load point specified for a
flow of 10.0 gpm, a head of greater than
or equal to 60 feet, and the lowest speed
capable of meeting the specified flow
and head values. (See Table 1 of
appendix C.)
The CA IOUs commented in response
to the January 2022 TP RFI that DOE
should specify a low-flow and high-flow
operating test point for the pressure
cleaner booster pumps to account for
installations where the pump is easily
able to overcome the head pressure to
support the pressure cleaner. The CA
IOUs commented that this method
would enable DOE to consider more
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74035
representative field operation of these
products when estimating national
impact savings. The CA IOUs further
commented that a study it previously
presented to DOE 48 had reported that
pressure cleaner booster pumps require
8 or less gpm between 32 to 51 feet of
head, meaning DOE’s test point at 60
feet of head would be higher than
needed for some installations. The CA
IOUs stated that pressure cleaners use a
relief/bypass valve to reduce the cleaner
wheel operating speed to the desired
conditions (i.e., 30 RPM) and, therefore,
the additional energy to the unit is not
providing consumer amenity. The CA
IOUs also provided an example of an
instrumented pool that has a measured
total system head of 13 feet at a
filtration flow rate of 31.7 gpm and
noted that the DOE test procedure
assumes pressure cleaner booster pump
head requirements will not be below 60
feet. (CA IOUs, No. 10, p. 4–5)
DOE notes that the DPPP Working
Group when providing their 2015
recommendations for the DPPPs test
procedure had recommended a single,
fixed load point of 90 feet of head at
maximum speed for pressure cleaner
booster pumps because any given
pressure-side pool cleaner application is
typically a single, fixed load point.
(Docket No. EERE–2015–BT–STD–0008,
No. 51, Recommendations #6); 81 FR
64580, 64611. This test point was
proposed as sufficiently representative
of typical cleaner booster pump
operation and achievable by the models
available at that time, but the DPPP
Working Group noted field conditions
were variable and operating conditions
would depend on application of the
pump. 81 FR 64580, 64611. In
discussions with the DPPP Working
Group, the CA IOUs had also presented
data supporting the potential for
variable-speed pressure cleaner booster
pumps to reduce speed and provide the
requisite flow rate and cleaner operating
speed at lower head values. (Docket No.
EERE–2015–BT–STD–0008, CA IOUs,
No. 69); 81 FR 64580, 64611–64612. To
better capture the potential for variable
performance of pressure cleaner booster
pumps, including variable speed
pressure cleaner booster pumps, the
DPPP Working Group revised its
original recommendation for testing at a
fixed head of 90 feet, instead suggesting
in their June 2016 recommendations
testing at a single load point of 10 gpm
at the minimum speed that results in a
head value at or above 60 feet, which
was identified as the minimum
optimum pool design. (Docket No.
48 www.regulations.gov/document/EERE-2015-BTSTD-0008-0061.
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2015–BT–STD–0008, No. 82,
Recommendation #8 at p. 4–5) DOE
agreed with this recommendation but
proposed in the 2016 TP NOPR to more
precisely specify the load point as a
flow rate of 10.0 gpm and a head value
at or above 60.0 feet. 81 FR 64580,
64612. In the August 2017 TP Final
Rule, DOE stated that the DPPP Working
Group had noted that the suction-side
pressure cleaner apparatus typically
recommends a specific flow rate that
allows the equipment to operate
correctly and had accordingly selected
10 gpm. 82 FR 36858, 36885–36886.
Further, once that flow and head value
are achieved, the pressure cleaner
booster pumps will operate at only that
one load point. Id.
The CA IOUs have not presented
significant information that was not
considered by the DPPP Working Group,
other than a measurement from a single
instrumented pool, that indicates that
some pools may have a head below 60
feet. The current test point of 10 gpm at
60 feet or above was selected after
considering the CA IOUs’ study, which
measured variable speed pump
operation at 54 feet of head in a pool
which was noted to have the optimum
1.5 inch piping and minimum hose
length.49 In discussing that study, the
CA IOUs also reported that the curves
for the pressure cleaners (of which there
were only three) showed a requirement
of 8 or less gpm between 32 to 51 feet
of head but ignore the pipe in
between.50 DOE has not identified or
been provided with any new technical
justification for allowing testing of
pressure cleaner booster pumps below
60 feet of head, or for determining that
10 gpm is not a reasonable minimum
flow rate. The current test method
allows for potential variable-speed
pressure cleaner booster pumps to
operate at lower speed and lower head
value than a single speed pump while
still providing the necessary 10 gpm.
Therefore, DOE has tentatively
determined not to amend the test
method for pressure cleaner booster
pumps. DOE also notes that it is typical
for an energy use analysis to account for
a variety of installations other than that
which the test procedure identifies as
representative; as such, the DOE test
procedure both allows differentiation in
WEF for variable speed pressure cleaner
booster pumps and does not limit any
potential related energy conservation
standards analysis.
DOE requests comments on its
tentative determination not to amend
49 Docket No. EERE–2015–BT–STD–0008, No.
100, p. 187–188.
50 Id.
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the test method for pressure cleaner
booster pumps, and specifically any
additional field data indicating
appropriate head and flow values for
testing these pumps.
E. Removing Appendix B
As discussed, DOE’s energy
conservation standards are based on the
WEF metric. However, as discussed in
the 2017 rulemaking, the DPPP Working
Group noted the importance of the
energy factor (‘‘EF’’) metric in making
product selections for specific
applications or making energy saving
calculations in support of utility
programs. 82 FR 36858, 36895. To
prevent confusion by allowing EF as an
optional alternative metric, DOE
established both appendix B, which
specified test procedures for
determining both EF and WEF, and
appendix C which specified test
procedures only for determining WEF.
DOE required manufacturers to make
representations with respect to energy
use or efficiency of DPPPs based on
appendix B between February 5, 2018
and July 19, 2021. DOE also specified
that any optional representations of EF
must be accompanied by a
representation of WEF. 82 FR 36858,
36896. DOE then required that any
representations made on or after July 19,
2021 with respect to the energy use or
efficiency of dedicated-purpose pool
pumps subject to testing pursuant to 10
CFR 431.464(b) be made in accordance
with the results of testing pursuant to
appendix C, which specifies test
procedures only for the WEF metric. Id.
As a result of the time limit applicable
to appendix B, representations of EF are
no longer relevant to DPPPs. Therefore,
DOE proposes to remove appendix B as
obsolete and to rename the current
appendix C as appendix B. As such,
updates proposed in this NOPR that
apply to the current appendix C would
be implemented as new appendix B.
F. Reporting
Manufacturers, including importers,
must use product-specific certification
templates to certify compliance to DOE.
For DPPPs, the certification template
reflects the general certification
requirements specified at 10 CFR 429.12
and the product-specific requirements
specified at 10 CFR 429.59. DOE is not
proposing to amend the product-specific
certification requirements for these
products.
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G. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend
the existing test procedure for DPPPs by
(1) codifying DOE’s current enforcement
policy pertaining to DPPPs that cannot
be appropriately tested by the DOE test
procedure; (2) updating references to
industry test standards to reflect current
industry practices; (3) aligning DOE’s
DPPP definitions with DOE’s
corresponding DPPP motor definitions;
and (4) removing the current test
procedure at appendix B, which is
obsolete. DOE has tentatively
determined that these proposed
amendments would not impact testing
costs.
DOE is proposing to update the
currently referenced 2014 version of HI
40.6–2014 to the 2021 version and the
currently referenced 2015 version of
NSF/ANSI 50 to the 2020 version. As
discussed in section III.B of this NOPR,
DOE has determined that updates to the
latest versions of these industry
standards will not change measured
values.
DOE is proposing to remove the
current appendix B, which provides
instruction on calculating EF, a metric
that is not required by DOE standards or
certification (see section I.A of this
NOPR). Hence, this change will not
have any impact on measured values of
WEF, the currently required metric.
Finally, DOE is proposing to align the
DOE’s DPPP definitions with DOE’s
DPPP motor definition (see section
III.C.1 of this NOPR). As discussed, DOE
has tentatively concluded that these
proposed amendments to definitions
will not impact how manufacturers are
currently testing DPPPs.
In summary, DOE has tentatively
determined that the proposed
amendments would not impact the
representations of DPPPs energy
efficiency or energy use. DOE has
tentatively determined that
manufacturers would be able to rely on
data generated under the current test
procedure, should the proposed
amendments be finalized. As such, DOE
does not expect retesting of DPPPs
would be required solely as a result of
DOE’s adoption of the proposed
amendments to the test procedure.
DOE requests comment on the impact
and associated costs of the proposed
amendments in this NOPR.
2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures unless such methodology
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would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA), or estimated operating costs of
that product during a representative
average use cycle. 10 CFR 431.4; Section
8(c) of appendix A of 10 CFR part 430
subpart C. In cases where the industry
standard does not meet EPCA statutory
criteria for test procedures, DOE will
make modifications through the
rulemaking process to these standards
as the DOE test procedure.
The test procedures for DPPPs at 10
CFR 431.464(b) and appendix C to
subpart Y of part 431 incorporates by
reference HI 40.6–2014, which specifies
the test conditions and methods for
testing the efficiency of pumps, and
NSF/ANSI 50–2015, which specifies
how to determine the self-priming
capability of a pump—information
needed to ensure the appropriate test
procedure is used for DPPP self-priming
and non-self-priming pumps. DOE is
proposing to update HI 40.6–2014 to its
latest 2021 version and NSF/ANSI 50–
2015 to its latest 2020 NSF/ANSI/CAN
50 version. The industry standards DOE
proposes to incorporate by reference via
amendments described in this proposed
rule are discussed in further detail in
section IV.M.
DOE requests comments on the
benefits and burdens of the proposed
updates and additions to industry
standards referenced in the test
procedure for DPPPs.
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H. Compliance Date
EPCA prescribes that if DOE amends
a test procedure, all representations of
energy efficiency and energy use,
including those made on marketing
materials and product labels, must be
made in accordance with that amended
test procedure, beginning 180 days after
publication of such a test procedure
final rule in the Federal Register. (42
U.S.C. 6314(d)(1)) If DOE were to
publish an amended test procedure,
EPCA provides an allowance for
individual manufacturers to petition
DOE for an extension of the 180-day
period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6314(d)(2)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. (Id.)
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IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866 and 13563
Executive Order (‘‘E.O.’’) 12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821 (Jan.
21, 2011), requires agencies, to the
extent permitted by law, to (1) propose
or adopt a regulation only upon a
reasoned determination that its benefits
justify its costs (recognizing that some
benefits and costs are difficult to
quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, this proposed
regulatory action is consistent with
these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this proposed
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
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B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (‘‘IRFA’’) for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel.
DOE notes that the Regulatory
Flexibility Act requires analysis of, in
particular, ‘‘small entities’’ that might be
affected by the rule. For the DPPP
manufacturing industry, the Small
Business Administration (‘‘SBA’’) has
set a size threshold, which defines those
entities classified as ‘‘small businesses’’
for the purpose of the statute. DOE used
the SBA’s size standards to determine
whether any small entities would be
required to comply with the rule. The
size standards are codified at 13 CFR
part 121. The standards are listed by
North American Industry Classification
System (‘‘NAICS’’) code and industry
description and are available at
www.sba.gov/document/support-tablesize-standards.
DPPP manufacturers are classified
under NAICS 333914, ‘‘Measuring,
Dispensing, and Other Pumping
Equipment Manufacturing.’’ The SBA
sets a threshold of 750 employees or less
for an entity to be considered as a small
business for this category. To determine
the number of DPPP manufacturers that
are small businesses and might be
differentially affected by the rule, DOE
reviewed these data to determine
whether the entities met the SBA’s
definition of a small business
manufacturer of DPPPs and then
screened out companies that do not
offer equipment covered by this
rulemaking, do not meet the definition
of a ‘‘small business,’’ are foreign-owned
and operated, or are owned by another
company.
DOE conducted a focused inquiry into
small business manufacturers of the
DPPPs covered by this rulemaking. DOE
used available public information to
identify potential small manufacturers.
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DOE accessed the Compliance
Certification Database,51 California
Energy Commission’s certification
database,52 and ENERGY STAR’s
product database 53 to create a list of
companies that import or otherwise
manufacture the DPPPs covered by this
proposal. DOE identified a total of 32
companies that manufacturer or sell
DPPPs covered by this proposal in the
United States. Of these companies, 15
are original equipment manufacturers
(‘‘OEMs’’) that manufacturer these
covered products; the other 17
companies are re-branders or private
labelers that are not OEMs and outsource the production of the DPPPs they
sell to other manufacturers. Of the 15
OEMs, 3 meet SBA’s definition of a
small business.
As discussed in section III.G.1 of this
NOPR, DOE tentatively determined that
the proposed amendments would not
impact representations of DPPP energy
efficiency or energy use and that DPPP
manufacturers would be able to rely on
data generated under the current test
procedure, should the proposed
amendments be finalized. Based on this
initial determination, DOE tentatively
determines that no DPPP manufacturers,
including those that meet SBA’s
definition of a small business, would
incur any additional costs due solely to
this proposed test procedure, if
finalized. Therefore, DOE initially
concludes that the impacts of the
proposed test procedure amendments
proposed in this NOPR would not have
a ‘‘significant economic impact on a
substantial number of small entities,’’
and that the preparation of an IRFA is
not warranted. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
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C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of DPPPs must certify
to DOE that their products comply with
any applicable energy conservation
standards. To certify compliance,
manufacturers must first obtain test data
for their products according to the DOE
test procedures, including any
amendments adopted for those test
procedures. DOE has established
51 U.S. Department of Energy Compliance
Certification Database, available at:
www.regulations.doe.gov/certification-data.
52 California Energy Commission’s Modernized
Appliance Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/
AdvancedSearch.aspx.
53 ENERGY STAR’s product database, available
at: www.energystar.gov/products/pool_pumps.
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regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
DPPPs. (See generally 10 CFR part 429.)
The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (‘‘PRA’’). This
requirement has been approved by OMB
under OMB control number 1910–1400.
Public reporting burden for the
certification is estimated to average 35
hours per response, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
DOE is not proposing to amend the
certification or reporting requirements
for DPPP in this NOPR.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this NOPR, DOE proposes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
DPPPs. DOE has determined that this
rule falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
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Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has examined this proposed
rule and has determined that it would
not have a substantial, direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
proposed rule. States can petition DOE
for exemption from such preemption to
the extent, and based on criteria, set
forth in EPCA. (42 U.S.C. 6297(d)) No
further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity, (2) write
regulations to minimize litigation, (3)
provide a clear legal standard for
affected conduct rather than a general
standard, and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly
specifies any effect on existing Federal
law or regulation, (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction, (4) specifies the
retroactive effect, if any, (5) adequately
defines key terms, and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
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G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820; also available at
energy.gov/gc/office-general-counsel.
DOE examined this proposed rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
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H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this proposed
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regulation would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note),
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final
%20Updated%20IQA%20Guidelines
%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the
OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to the
test procedure for DPPPs would
incorporate testing methods contained
in certain sections of the following
commercial standards: (1) HI 40.6–2021,
‘‘Hydraulic Institute Standard for
Methods for Rotodynamic Pump
Efficiency Testing’’ and (2) NSF/ANSI/
CAN 50—2020, ‘‘Equipment and
Chemicals for Swimming Pools, Spas,
Hot Tubs, and Other Recreational Water
Facilities.’’
DOE has evaluated these standards
and is unable to conclude whether they
fully comply with the requirements of
section 32(b) of the FEAA (i.e., whether
it was developed in a manner that fully
provides for public participation,
comment, and review). DOE will
consult with both the Attorney General
and the Chairman of the FTC
concerning the impact of these test
procedures on competition prior to
prescribing a final rule.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB a Statement
of Energy Effects for any proposed
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any proposed
significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
distribution, or use should the proposal
be implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use.
The proposed regulatory action to
amend the test procedure for measuring
the energy efficiency of DPPPs is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
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M. Description of Materials
Incorporated by Reference
HI 40.6–2021 is an industry-accepted
test standard that provides test
conditions and methods for measuring
the efficiency of pumps. The test
procedure proposed in this NOPR
references various sections of HI 40.6–
2021 that address test conditions and
methods. This test standard is
reasonably available from the Hydraulic
Institute (www.pumps.org).
NSF/ANSI/CAN 50–2020 is an
industry-accepted test standard that
provides test methods for determining
self-priming capabilities of pumps. The
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test procedure proposed in this NOPR
references various sections of HI 40.6–
2021 that address test conditions and
methods. This test standard is
reasonably available from the NSF
Bookstore (www.techstreet.com/nsf),
ANSI (www.ansi.org) or the Standards
Council of Canada (www.scc.ca/en/
welcome-standards-store).
CSA C747–2019 is an industryaccepted test standard that provides test
methods for measuring the efficiency of
small motors. The test procedure
proposed in this NOPR references
various sections of CSA C747–2019 that
address test conditions and methods.
This test standard is reasonably
available from ANSI (www.ansi.org) or
CSA Group (www.csagroup.org).
The following standards were
previously approved for incorporation
by reference in the locations where they
appear in the regulatory text: IEEE 114–
2010, and IEEE 113–1985. The following
standard was previously approved for
incorporation by reference in a location
which is being redesignated: HI 41.5–
2022.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar
meeting are listed in the DATES section
at the beginning of this document.
Webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on DOE’s website:
www1.eere.energy.gov/buildings/
appliance_standards/
standards.aspx?productid=67.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
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B. Procedure for Submitting Prepared
General Statements for Distribution
Any person who has an interest in the
topics addressed in this proposed rule,
or who is representative of a group or
class of persons that has an interest in
these issues, may request an
opportunity to make an oral
presentation at the webinar. Such
persons may submit to
ApplianceStandardsQuestions@
ee.doe.gov. Persons who wish to speak
should include with their request a
computer file in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format
that briefly describes the nature of their
interest in this proposed rulemaking
and the topics they wish to discuss.
Such persons should also provide a
daytime telephone number where they
can be reached.
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DOE requests persons selected to
make an oral presentation to submit an
advance copy of their statements at least
two weeks before the webinar. At its
discretion, DOE may permit persons
who cannot supply an advance copy of
their statement to participate, if those
persons have made advance alternative
arrangements with the Building
Technologies Office. As necessary,
requests to give an oral presentation
should ask for such alternative
arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to
preside at the webinar/public meeting
and may also use a professional
facilitator to aid discussion. The
meeting will not be a judicial or
evidentiary-type public hearing, but
DOE will conduct it in accordance with
section 336 of EPCA (42 U.S.C. 6306). A
court reporter will be present to record
the proceedings and prepare a
transcript. DOE reserves the right to
schedule the order of presentations and
to establish the procedures governing
the conduct of the webinar. There shall
not be discussion of proprietary
information, costs or prices, market
share, or other commercial matters
regulated by U.S. anti-trust laws. After
the webinar and until the end of the
comment period, interested parties may
submit further comments on the
proceedings and any aspect of the
rulemaking.
The webinar will be conducted in an
informal, conference style. DOE will
present a general overview of the topics
addressed in this proposed rulemaking,
allow time for prepared general
statements by participants, and
encourage all interested parties to share
their views on issues affecting this
proposed rulemaking. Each participant
will be allowed to make a general
statement (within time limits
determined by DOE) before the
discussion of specific topics. DOE will
allow, as time permits, other
participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly.
Participants should be prepared to
answer questions by DOE and by other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
webinar/public meeting will accept
additional comments or questions from
those attending, as time permits. The
presiding official will announce any
further procedural rules or modification
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of the above procedures that may be
needed for the proper conduct of the
webinar.
A transcript of the webinar will be
included in the docket, which can be
viewed as described in the Docket
section at the beginning of this proposed
rule. In addition, any person may buy a
copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule before or after the public meeting,
but no later than the date provided in
the DATES section at the beginning of
this proposed rule.54 Interested parties
may submit comments, data, and other
information using any of the methods
described in the ADDRESSES section at
the beginning of this document.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment itself or in any
documents attached to your comment.
Any information that you do not want
to be publicly viewable should not be
54 DOE has historically provided a 75-day
comment period for test procedure NOPRs pursuant
to the North American Free Trade Agreement, U.S.Canada-Mexico (‘‘NAFTA’’), Dec. 17, 1992, 32
I.L.M. 289 (1993); the North American Free Trade
Agreement Implementation Act, Public Law 103–
182, 107 Stat. 2057 (1993) (codified as amended at
10 U.S.C.A. 2576) (1993) (‘‘NAFTA Implementation
Act’’); and Executive Order 12889, ‘‘Implementation
of the North American Free Trade Agreement,’’ 58
FR 69681 (Dec. 30, 1993). However, on July 1, 2020,
the Agreement between the United States of
America, the United Mexican States, and the United
Canadian States (‘‘USMCA’’), Nov. 30, 2018, 134
Stat. 11 (i.e., the successor to NAFTA), went into
effect, and Congress’s action in replacing NAFTA
through the USMCA Implementation Act, 19 U.S.C.
4501 et seq. (2020), implies the repeal of E.O. 12889
and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are
EPCA and the USMCA Implementation Act.
Consistent with EPCA’s public comment period
requirements for consumer products, the USMCA
only requires a minimum comment period of 60
days. Consequently, DOE now provides a 60-day
public comment period for test procedure NOPRs.
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included in your comment, nor in any
document attached to your comment.
Otherwise, persons viewing comments
will see only first and last names,
organization names, correspondence
containing comments, and any
documents submitted with the
comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email, hand
delivery/courier, or postal mail.
Comments and documents submitted
via email, hand delivery/courier, or
postal mail also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
telefacsimiles (‘‘faxes’’) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English, and that are
free of any defects or viruses.
Documents should not contain special
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characters or any form of encryption
and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: one copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
(1) DOE requests comment on its
preliminary determination not to
propose a test procedure specific to
DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests
data that would allow it to develop such
a test procedure if it was determined to
be warranted, including distribution of
commercial pool sizes and piping,
distribution of head and flow
requirements across applications in
consideration of current health and
safety codes, and distribution of single
speed and variable speed installations.
(2) DOE requests comment on its
preliminary determination not to
propose a test procedure specific to
DPPPs currently subject to the DPPP
Enforcement Policy. DOE also requests
data related to the applications these
DPPPs serve including pool size, piping
size, and minimum head and flow
requirements. DOE also requests any
data and information related to
development of a curve E, as well data
indicating how such a curve was
determined (or could be determined) to
be representative of this set of pumps.
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DOE further requests comment on its
proposal to amend the Scope section of
the test procedure to explicitly exclude
such pumps from the scope of the test
procedure.
(3) DOE requests comments on the
proposal to incorporate by reference HI
40.6–2021, NSF/ANSI/CAN 50–2020,
and CSA C747–2019 for appendix C.
(4) DOE requests comment on its
proposed revision to the definition of
rigid electric spa pump, particularly
with regard to whether the language
regarding C-flange or square flange
mounting would change the scope of
pumps captured by the definition.
(5) DOE requests comments on
whether any DPPPs currently on the
market that meet the existing definition
of variable-speed dedicated-purpose
pool pump but that would not meet the
proposed amended definition. DOE
requests comment on whether the
proposed amendments would change
how any specific DPPP models are
currently tested, and if so, how. In
particular, DOE also requests comment
on the necessity of including
specifications related to high-speed
override capability and daily run time
schedule in the variable-speed
dedicated-purpose pool pump
definition.
(6) DOE requests comment on its
proposed amendments to definitions in
10 CFR 431.462 for rigid electric spa
pumps, multi-speed dedicated-purpose
pool pump, variable-speed dedicatedpurpose pool pump, and dedicatedpurpose pool pump motor total
horsepower. DOE requests comment on
its proposal to add definitions in 10 CFR
431.462 for drive and maximum
operating speed. DOE requests comment
whether the proposed amendments
would change how DPPP models are
currently tested, and if so, how.
(7) DOE requests comments on its
tentative determination that
amendments to the definitions of
integral, integral cartridge-filter pool
pump, and integral sand-filter pool
pump are not necessary, and that a new
definition for the term ‘‘bypassed’’ is not
necessary.
(8) DOE requests comments on its
tentative determination not to amend
the test method for pressure cleaner
booster pumps, and specifically any
additional field data indicating
appropriate head and flow values for
testing these pumps.
(9) DOE requests comment on the
impact and associated costs of the
proposed amendments in this NOPR.
(10) DOE requests comments on the
benefits and burdens of the proposed
updates and additions to industry
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standards referenced in the test
procedure for DPPPs.
Additionally, DOE welcomes
comments on other issues relevant to
the conduct of this rulemaking that may
not specifically be identified in this
document.
1. The authority citation for part 429
continues to read as follows:
■
VI. Approval of the Office of the
Secretary
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
The Secretary of Energy has approved
publication of this proposed rule.
*
List of Subjects
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Incorporation by
reference, Reporting and recordkeeping
requirements.
10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
and Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of
Energy was signed on October 28, 2022,
by Francisco Alejandro Moreno, Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 2,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
parts 429 and 431 of Chapter II of Title
10, Code of Federal Regulations as set
forth below:
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*
*
*
*
2. Amend § 429.4 by revising
paragraph (d)(1) to read as follows:
■
§ 429.4 Materials incorporated by
reference.
10 CFR Part 429
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PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
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*
*
*
*
*
(d) * * *
(1) HI 40.6–2021, Hydraulic Institute
Standard for Methods for Rotodynamic
Pump Efficiency Testing, approved
February 17, 2021; IBR approved for
§ 429.134.
*
*
*
*
*
■ 3. Amend § 429.134 by:
■ a. Removing in paragraph
(i)(2)(iv)(A)(1), the text ‘‘HI 40.6–2014–
B’’, wherever it appears, and adding, in
its place, the text, ‘‘HI 40.6–2021’’;
■ b. Removing in paragraph
(i)(2)(iv)(A)(2), the text ‘‘HI 40.6–2014–
B’’, wherever it appears, and adding, in
its place, the text, ‘‘HI 40.6–2021’’; and
■ c. Adding paragraph (i)(2)(v).
The addition reads as follows:
§ 429.134 Product-specific enforcement
provisions.
*
*
*
*
*
(i) * * *
(2) * * *
(v) To verify the flow rate of a DPPP
model at 50 feet of head, the flow rate
in gallons per minute (gpm) at 50 feet
of head will be determined pursuant to
Section 40.6.5.5.1, ‘‘Test procedure’’
and Section 40.6.6.3, ‘‘Performance
curve’’ of HI 40.6–2021 (incorporated by
reference, see § 429.4). In cases where
the flow rate of 50 feet of head cannot
be directly determined due to the
entirety of the performance curve (out to
the model’s maximum flow rate of
greater than or equal to 200 gpm)
exceeding 50 feet of head, DOE will
determine that the DPPP model has a
flow rate of greater than or equal to 200
gpm at 50 feet of head. DOE will use the
mean of the determined flow rate at 50
feet of head (either the determined flow
rate for a single unit sample or the
average of the determined flow rates for
a multiple unit sample) to determine the
applicable standard level, if any, for
purposes of compliance.
*
*
*
*
*
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PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
4. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
5. Amend § 431.462 by:
a. Revising the definition for
‘‘Dedicated-purpose pool pump motor
total horsepower’’;
■ b. Adding in alphabetical order the
definition for ‘‘Drive,’’ and ‘‘Maximum
operating speed’’; and
■ c. Revising the definitions for ‘‘Multispeed dedicated-purpose pool pump,’’
‘‘Rigid electric spa pump,’’ and
‘‘Variable-speed dedicated-purpose pool
pump.’’
The revisions and additions read as
follows:
■
■
§ 431.462
Definitions.
*
*
*
*
*
Dedicated-purpose pool pump motor
total horsepower means the product of
the dedicated-purpose pool pump
nominal motor horsepower and the
dedicated-purpose pool pump service
factor of a motor used on a dedicatedpurpose pool pump based on the
maximum continuous duty motor power
output rating allowable for the motor’s
nameplate ambient rating and insulation
class and calculated in accordance with
the method provided in section E.3.4 of
appendix B to subpart Y of this part.
(Dedicated-purpose pool pump motor
total horsepower is also referred to in
the industry as service factor
horsepower or motor capacity.)
*
*
*
*
*
Drive is a power converter, such as a
variable-speed drive or phase-converter.
*
*
*
*
*
Maximum operating speed is the rated
full-load speed of a motor powered by
a 60 Hz alternating current (AC) source.
*
*
*
*
*
Multi-speed dedicated-purpose pool
pump means a dedicated-purpose pool
pump that is not a variable-speed
dedicated-purpose pool pump as
defined in this section and that is
capable of operating at more than two
discrete, pre-determined operating
speeds separated by speed increments
greater than 100 rpm, where the lowest
speed is less than or equal to half of the
maximum operating speed and greater
than zero, and must be distributed in
commerce either:
(1) With an on-board pool pump
control (i.e., variable speed drive and
user interface or programmable switch)
that changes the speed in response to
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pre-programmed user preferences and
allows the user to select the duration of
each speed and/or the on/off times; or
(2) Without an onboard pool pump
control (i.e., variable speed drive and
user interface or programmable switch)
that changes the speed in response to
pre-programmed user preferences and
allows the user to select the duration of
each speed and/or the on/off times, but
is unable to operate without the
presence of such pool pump control.
*
*
*
*
*
Rigid electric spa pump means an end
suction pump that has a motor that does
not have a C-flange or square flange
mounting, and that is labeled, and
designed and marketed for use only in
rigid electric spas and does not contain
an integrated basket strainer or require
a basket strainer for operation as stated
in manufacturer literature provided
with the pump, and that meets the
following three criteria:
(1) Is assembled with four through
bolts that hold the motor rear endplate,
rear bearing, rotor, front bearing, front
endplate, and the bare pump together as
an integral unit;
(2) Is constructed with buttress
threads at the inlet and discharge of the
bare pump; and
(3) Uses a casing or volute and
connections constructed of a nonmetallic material.
*
*
*
*
*
Variable-speed dedicated-purpose
pool pump means a dedicated-purpose
pool pump that:
(1) Is capable of operating at four or
more discrete user- or pre-determined
operating speeds, where one of the
operating speeds is the maximum
operating speed and at least:
(a) One of the operating speeds is 75%
to 85% of the maximum operating
speed;
(b) One of the operating speeds is
45% to 55% of the maximum operating
speed; and
(c) One of the operating speeds is less
than or equal to 40% of the maximum
operating speed and greater than zero.
(2) Includes a variable speed drive
and is distributed in commerce either:
(a) With a user interface that changes
the speed in response to preprogrammed user preferences and
allows the user to select the duration of
each speed and/or the on/off times;
(b) Without a user interface that
changes the speed in response to preprogrammed user preferences and
allows the user to select the duration of
each speed and/or the on/off times, but
is unable to operate without the
presence of a user interface; or
(3) With or without user interface,
provided that the motor is unable to
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operate without the presence of a
variable speed drive, and
(3) Also meets the following
requirements:
(a) Any high-speed override capability
shall be for a temporary period not to
exceed one 24-hour cycle without
resetting to default settings or resuming
normal operation according to preprogrammed user preferences; and
(b) Daily run time schedule:
(i) Any factory default setting for daily
run time schedule shall not include
more hours at an operating speed above
55% of maximum operating speed than
the hours at or below 55% of the
maximum operating speed;
(ii) If a motor is not provided with a
factory default setting for daily run time
schedule, the default operating speed
after any priming cycle (if applicable)
shall be no greater than 55% of the
maximum operating speed.
*
*
*
*
*
■ 6. Amend § 431.463 by:
■ a. Revising paragraph (b)(1);
■ b. Removing paragraph (d)(4);
■ c. Redesignating paragraphs (d)(5) and
(6) as (d)(4) and (5), respectively;
■ d. Revising newly redesignated
paragraph (d)(4);
■ e. In newly redesignated paragraph
(d)(5), removing the text ‘‘appendix D’’
and adding in its place the text
‘‘appendix C’’; and
■ f. Revising paragraph (g)(1).
The revisions read as follows:
§ 431.463 Materials incorporated by
reference.
*
*
*
*
*
(b) * * *
(1) CSA C747–2009 (Reaffirmed
2019), (‘‘CSA C747–09 (R2019)’’),
‘‘Energy efficiency test methods for
small motors,’’ CSA reaffirmed 2019,
IBR approved for appendix B to this
subpart.
*
*
*
*
*
(d) * * *
(4) HI 40.6–2021, Hydraulic Institute
Standard for Methods for Rotodynamic
Pump Efficiency Testing, approved
February 17, 2021; IBR approved for
431.464 and appendices B and C to this
subpart.
*
*
*
*
*
(g) * * *
(1) NSF/ANSI/CAN 50–2020,
‘‘Equipment and Chemicals for
Swimming Pools, Spas, Hot Tubs, and
Other Recreational Water Facilities,’’
ANSI-approved October 21, 2020; IBR
approved for § 431.462 and appendix B
to this subpart.
*
*
*
*
*
§ 431.462
[Amended]
7. In § 431.462, amend the definitions
for ‘‘Non-self-priming pool filter pump’’
■
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and ‘‘Self-priming pool filter pump’’ by
removing the text ‘‘NSF/ANSI 50–2015’’
and adding, in its place, the text ‘‘NSF/
ANSI/CAN 50–2020’’.
■ 8. Amend § 431.464 by revising
paragraphs (b)(1)(iii), (b)(2), and (c)(2) to
read as follows:
§ 431.464 Test procedure for the
measurement of energy efficiency, energy
consumption, and other performance
factors of pumps.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) * * *
(A) Submersible pumps;
(B) Self-priming and non-self-priming
pool filter pumps with hydraulic output
power greater than or equal to 2.5
horsepower; and
(C) Dedicated purpose pools pumps
that meet all of the following three
criteria:
(1) The orifice on the pump body that
accepts suction side plumbing
connections has an inner diameter of
greater than 2.85 inches;
(2) The pump has a measured
performance of ≥200 gallons per minute
(gpm) at 50 feet of head as determined
in accordance with section 40.6.5.5.1,
‘‘Test procedure’’ and section 40.6.6.3,
‘‘Performance curve’’ of HI 40.6–2021
(incorporated by reference, see
§ 431.463); and
(3) The pump is marketed exclusively
for commercial applications.
(2) Testing and calculations.
Determine the weighted energy factor
(WEF) using the test procedure set forth
in appendix B of this subpart.
(c) * * *
(2) Testing and calculations.
Determine the circulator energy index
(CEI) using the test procedure set forth
in appendix C of this subpart Y.
Appendix B to Subpart Y of Part 431
[Removed]
9. Appendix B to subpart Y of part 431
is removed.
■
Appendix C to Subpart Y of Part 431
[Redesignated as Appendix B]
10. Appendix C to Subpart Y of Part
431 is redesignated as ‘‘Appendix B to
Subpart Y of Part 431’’ and revised to
read as follows:
■
Appendix B to Subpart Y of Part 431—
Uniform Test Method for the
Measurement of Energy Efficiency of
Dedicated-Purpose Pool Pumps
Note: Beginning [Date 180 days after date
of publication in the Federal Register], any
representations made with respect to the
energy use or efficiency of dedicated-purpose
pool pumps subject to testing pursuant to 10
CFR 431.464(b)(2) must be made in
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accordance with the results of testing
pursuant to this appendix.
1.0 Incorporation by Reference
DOE incorporated by reference in
§ 431.463, the entire standard for: CSA C747–
09 (R2019), HI 40.6–2021, IEEE 114–2010,
IEEE 113–1985, and NSF/ANSI/CAN 50–
2020; however, only enumerated provisions
of CSA C747–09 (R2019), HI 40.6–2021, IEEE
114–2010, IEEE 113–1985, and NSF/ANSI/
CAN 50–2020 are applicable to this
appendix, as follows:
1.1 CSA C747–09 (R2019)
(a) Section 5 ‘‘General test requirements’’,
and Section 6 ‘‘Test Method’’ as referenced
in sections 6.3.2.1.2 and 6.3.2.2.2 of this
appendix.
(b) [Reserved]
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1.2 HI 40.6–2021
(a) Section 40.6.2 ‘‘Terms and definitions,
as referenced in section 2.1 of this appendix.
Section 40.6.3 ‘‘Pump efficiency testing’’,
as referenced in sections 4.1, 5.1, and 7.1.4
of this appendix, including.
(i) Table 40.6.3.2.2 ‘‘Permissible amplitude
of fluctuation as a percentage of mean values
of quantity being measured at any test point’’
as referenced in sections 5.1 and 7.1.4 of this
appendix.
(ii) Table 40.6.3.2.3 ‘‘Maximum
permissible measurement device
uncertainty’’ as referenced in section 3.1 of
this appendix.
(b) Section 40.6.4 ‘‘Considerations when
determining the efficiency of certain
pumps’’,. as referenced in sections 2.1 and
4.1 of this appendix.
(c) Section 40.6.5.4 ‘‘Test arrangements’’ as
referenced in sections 2.1 and 4.1 of this
appendix.
(d) Section 40.6.5.5 ‘‘Test conditions’’ as
referenced in sections 2.1, 4.1, and 5.2 of this
appendix (e) Section 40.6.6.2 ‘‘Pump
efficiency’’ and Section 40.6.6.3
‘‘Performance curve’’ as referenced in section
2.1 of this appendix.
(f) Appendix A, ‘‘Test arrangements
(normative)’’ as referenced in section 4.1 of
this appendix.
(g) Appendix C, ‘‘Measurement equipment
(normative)’’ as referenced in section 3.1 of
this appendix.
(h) Appendix D, ‘‘Suitable time periods for
calibration of test instruments (normative)’’,
including Table D.1, ‘‘Default instrument
recalibration periods’’ as referenced in
section 3.2 of this appendix.
(i) A.3.1.3.1 ‘‘Correction for height
difference’’ as referenced in section 7.1.2.1 of
this appendix.
1.3 IEEE 114–2010
(a) Section 3.2 ‘‘Test with load’’, Section 4
‘‘Testing facilities’’, Section 5.2 ‘‘Mechanical
measurements’’, Section 5.3 ‘‘Temperature
measurements’’, and Section 6 ‘‘Tests’’ as
referenced in section 6.3.2.1.1 of this
appendix.
(b) [Reserved]
1.4 IEEE 113–1985
(a) Section 3.1 ‘‘Instrument Selection
Factors’’, Section 3.4 ‘‘Power Measurement’’,
Section 3.5 ‘‘Power Sources’’, Section 4.1.2
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‘‘Ambient Air’’, Section 4.1.4 ‘‘Direction of
Rotation’’, Section 5.4.1 ‘‘Reference
Conditions’’, and Section 5.4.3.2
‘‘Dynomometer or Torquemeter Method’’ as
referenced in section 6.3.2.2.1 of this
appendix.
(b)
1.5
NSF/ANSI/CAN 50–2020
(a) Section N–3.3, ‘‘Self-priming
capability’’ as referenced in sections 7.1,
7.1.1, 7.1.4, and 7.1.5 of this appendix.
(b) [Reserved]
2.0 General
2.1 Test Method. To determine the
weighted energy factor (WEF) for dedicatedpurpose pool pumps, perform ‘‘wire-towater’’ testing in accordance with HI 40.6–
2021, except section 40.6.4.1, ‘‘Vertically
suspended pumps’’; section 40.6.4.2,
‘‘Submersible pumps’’; section 40.6.5.5,
‘‘Test conditions’’; section 40.6.5.5.2, ‘‘Speed
of rotation during test’’; section 40.6.6.2,
‘‘Pump efficiency’’; and section 40.6.6.3,
‘‘Performance curve’’; with the modifications
and additions as noted throughout the
provisions below. Do not use the test points
specified in section 40.6.5.5.1, ‘‘Test
procedure’’ of HI 40.6–2021 and instead use
those test points specified in section 5.3 of
this appendix for the applicable dedicatedpurpose pool pump variety and speed
configuration. When determining overall
efficiency, best efficiency point, or other
applicable pump energy performance
information, section 40.6.5.5.1, ‘‘Test
procedure’’; section 40.6.6.2, ‘‘Pump
efficiency’’; and section 40.6.6.3,
‘‘Performance curve’’ must be used, as
applicable. For the purposes of applying this
appendix, the term ‘‘volume per unit time,’’
as defined in Section 40.6.2, ‘‘Terms and
definitions,’’ of HI 40.6–2021 shall be
deemed to be synonymous with the term
‘‘flow rate’’ used throughout that standard
and this appendix.
2.2 Calculations and Rounding. All terms
and quantities refer to values determined in
accordance with the procedures set forth in
this appendix for the rated pump. Perform all
calculations using raw measured values
without rounding. Round WEF, maximum
head, vertical lift, and true priming time
values to the tenths place (i.e., 0.1) and rated
hydraulic horsepower to the thousandths
place (i.e., 0.001). Round all other reported
values to the hundredths place unless
otherwise specified.
3.0 Measurement Equipment
3.1 For the purposes of measuring flow
rate, speed of rotation, temperature, and
pump power output, the equipment specified
in HI 40.6–2021 Appendix C necessary to
measure head, speed of rotation, flow rate,
and temperature must be used and must
comply with the stated accuracy
requirements in HI 40.6–2021 Table
40.6.3.2.3, except as specified in sections
3.1.1 and 3.1.2 of this appendix. When more
than one instrument is used to measure a
given parameter, the combined accuracy,
calculated as the root sum of squares of
individual instrument accuracies, must meet
the specified accuracy requirements.
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3.1.1 Electrical measurement equipment
for determining the driver power input to the
motor or controls must be capable of
measuring true root mean squared (RMS)
current, true RMS voltage, and real power up
to the 40th harmonic of fundamental supply
source frequency, and have a combined
accuracy of ±2.0 percent of the measured
value at the fundamental supply source
frequency.
3.1.2 Instruments for measuring distance
(e.g., height above the reference plane or
water level) must be accurate to and have a
resolution of at least ±0.1 inch.
3.2 Calibration. Calibration requirements
for instrumentation are specified in
Appendix D of HI 40.6–2021. Historical
calibration data may be used to justify time
periods up to three times longer than those
specified in Table D.1 of HI 40.6–2021
provided the supporting historical data
shows maintenance of calibration of the
given instrument up to the selected extended
calibration interval on at least two unique
occasions, based on the interval specified in
HI 40.6–2021.
4.0 Test Conditions and Tolerances
4.1 Pump Specifications. Conduct testing
at full impeller diameter in accordance with
the test conditions, stabilization
requirements, and specifications of HI 40.6–
2021 section 40.6.3, ‘‘Pump efficiency
testing’’; section 40.6.4, ‘‘Considerations
when determining the efficiency of certain
pumps’’; section 40.6.5.4 (including
appendix A of HI 40.6–2021), ‘‘Test
arrangements’’; and section 40.6.5.5, ‘‘Test
conditions’’.
4.2 Power Supply Requirements. The
following conditions also apply to the mains
power supplied to the DPPP motor or
controls, if any:
(a) Maintain the voltage within ±5 percent
of the rated value of the motor,
(b) Maintain the frequency within ±1
percent of the rated value of the motor,
(c) Maintain the voltage unbalance of the
power supply within ±3 percent of the value
with which the motor was rated, and
(c) Maintain total harmonic distortion
below 12 percent throughout the test.
4.3 Test Conditions. Testing must be
carried out with water that is between 50 and
107 °F with less than or equal to 15
nephelometric turbidity units (NTU).
4.4 Tolerances. For waterfall pumps,
multi-speed self-priming and non-selfpriming pool filter pumps, and variablespeed self-priming and non-self-priming pool
filter pumps all measured load points must
be within ±2.5 percent of the specified head
value and comply with any specified flow
values or thresholds. For all other dedicatedpurpose pool pumps, all measured load
points must be within the greater of ±2.5
percent of the specified flow rate values or
±0.5 gpm and comply with any specified
head values or thresholds.
5.0
Data Collection and Stabilization
5.1 Damping Devices. Use of damping
devices, as described in Section 40.6.3.2.2 of
HI 40.6–2021, are only permitted to integrate
up to the data collection interval used during
testing.
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5.2 Stabilization. Record data at any
tested load point only under stabilized
conditions, as defined in HI 40.6–2021
section 40.6.5.5.1, where a minimum of two
measurements are used to determine
stabilization.
5.3 Test Points. Measure the flow rate in
gpm, pump total head in ft, the driver power
input in W, and the speed of rotation in rpm
at each load point specified in table 1 of this
appendix for each DPPP variety and speed
configuration:
TABLE 1—LOAD POINTS (i) AND WEIGHTS (wi) FOR EACH DPPP VARIETY AND SPEED CONFIGURATION
Test points
DPPP varieties
Speed configuration(s)
Self-Priming Pool Filter
Pumps And Non-SelfPriming Pool Filter
Pumps.
Single-speed dedicatedpurpose pool pumps
and all self-priming
and non-self-priming
pool filter pumps not
meeting the definition
of two-*, multi-, or
variable-speed dedicated-purpose pool
pump.
Two-speed dedicatedpurpose pool pumps *.
Number of
load points
(n)
Load
point
(i)
Head
(H)
(ft)
Speed
(rpm)
1
High ....
Qhigh (gpm) = Qmax__
speed@C **.
H = 0.0082 ×
Qhigh2.
Maximum
speed.
2
Low .....
Qlow (gpm) = Flow rate
associated with specified head and speed
that is not below:
• 31.1 gpm if rated hydraulic horsepower is
>0.75 or.
• 24.7 gpm if rated hydraulic horsepower is
≤0.75.
Qhigh (gpm) = Qmax__
speed@C**.
Qlow (gpm) =
• If rated hydraulic
horsepower is >0.75,
then Qlow ≥31.1 gpm.
• If rated hydraulic
horsepower is ≤0.75,
then Qlow ≥24.7 gpm.
Qhigh (gpm) ≥0.8 ×
Qmax__speed@C**.
H = 0.0082 ×
Qlow2.
Lowest speed
capable of
meeting the
specified flow
and head values, if any.***
H = 0.0082 ×
Qlow2.
H = 0.0082 ×
Qlow2.
Maximum
speed.
Lowest speed
capable of
meeting the
specified flow
and head values.
H = 0.0082 ×
Qhigh2.
Lowest speed
capable of
meeting the
specified flow
and head values.
Maximum
speed.
High ....
Multi-speed and variable-speed dedicatedpurpose pool pumps.
Flow rate
(Q)
(GPM)
2
Low .....
High ....
Waterfall Pumps .............
Single-speed dedicatedpurpose pool pumps.
1
High ....
Pressure Cleaner Booster Pumps.
Any ................................
1
High ....
Qlow (gpm) = Flow corresponding to specified head.
10.0 gpm .......................
17.0 ft ...............
≥60.0 ft .............
Lowest speed
capable of
meeting the
specified flow
and head values.
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* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-priming pool filter pumps that are greater than or equal to 0.711 rated hydraulic horsepower that are two-speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in response to pre-programmed user
preferences and allows the user to select the duration of each speed and/or the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-speed self-priming pool filter
pumps greater than or equal to 0.711 rated hydraulic horsepower that do not meet these requirements must be tested using the load point for
single-speed self-priming or non-self-priming pool filter pumps, as appropriate.
** Qmax__speed@C = Flow at max speed on curve C (gpm).
*** If a two-speed pump has a low speed that results in a flow rate below the specified values, the low speed of that pump shall not be tested.
6.0
Calculations
6.1 Determination of Weighted Energy
Factor. Determine the WEF as a ratio of the
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measured flow and driver power input to the
dedicated-purpose pool pump in accordance
with the following equation:
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WEF =
I:!1,=1 (wi x 100ox
Q·
)
60
~n
(·
Llt=1 Wi X
Where:
WEF = Weighted Energy Factor in kgal/kWh;
Wi = weighting factor at each load point i, as
specified in section 6.2 of this appendix;
Qi = flow at each load point i, in gpm;
Pi = driver power input to the motor (or
controls, if present) at each load point i,
in watts;
P~ ) .
1000
i = load point(s), defined uniquely for each
DPPP variety and speed configuration as
specified in section 5.3 of this appendix;
and
n = number of load point(s), defined
uniquely for each DPPP variety and
speed configuration as specified in
section 5.3 of this appendix.
6.2 Weights. When determining WEF,
apply the weights specified in table 2 of this
appendix for the applicable load points,
DPPP varieties, and speed configurations:
TABLE 2—LOAD POINT WEIGHTS (wi)
DPPP varieties
Load point(s)
i
Speed configuration(s)
Low flow
Self-Priming Pool Filter Pumps and
Non-Self-Priming
Pool
Filter
Pumps.
Waterfall Pumps ..............................
Pressure Cleaner Booster Pump .....
Single-speed dedicated-purpose pool pumps and all self-priming and
non-self-priming pool filter pumps not meeting the definition of two-*,
multi-, or variable-speed dedicated-purpose pool pump.
Two-speed dedicated-purpose pool pumps * ............................................
Multi-speed and variable-speed dedicated-purpose pool pumps .............
Single-speed dedicated-purpose pool pumps ...........................................
Any ............................................................................................................
High flow
........................
1.0
0.80
0.80
........................
........................
0.20
0.20
1.0
1.0
* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-priming pool filter pumps that are greater than or equal to 0.711 rated hydraulic horsepower that are two-speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in response to pre-programmed user
preferences and allows the user to select the duration of each speed and/or the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-speed self-priming pool filter
pumps greater than or equal to 0.711 rated hydraulic horsepower that do not meet these requirements must be tested using the load point for
single-speed self-priming or non-self-priming pool filter pumps, as appropriate.
6.3 Determination of Horsepower and True
Power Factor Metrics
VerDate Sep<11>2014
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P.
_ (Txn)
nm - 5252
Where:
Pnm = the dedicated-purpose pool pump
nominal total horsepower at full load, in
hp;
T = output torque at full load, in lb-ft; and
n = the motor speed at full load, in rpm.
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Full-load speed and torque shall be
determined based on the maximum
continuous duty motor power output rating
allowable for the motor’s nameplate ambient
rating and insulation class.
6.3.2.1 For single-phase AC motors,
determine the measured speed and torque at
full load according to either section 6.3.2.1.1
or 6.3.2.1.2 of this appendix.
6.3.2.1.1 Use IEEE 114–2010, according to
section 1.3 of this appendix, or
6.3.2.1.2 Use the applicable procedures of
CSA C747–09 (R2019), according to section
1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only
measurements at full load are required in
section 6.5, and section 6.6 shall be
disregarded.
E:\FR\FM\02DEP1.SGM
02DEP1
EP02DE22.002</GPH>
nominal motor horsepower as the product of
the measured full load speed and torque,
adjusted to the appropriate units, as shown
in the following equation:
EP02DE22.001</GPH>
Where:
Pu,i = the measured pump power output at
load point i of the tested pump, in hp;
Qi = the measured flow rate at load point i
of the tested pump, in gpm;
Hi = pump total head at load point i of the
tested pump, in ft; and
SG = the specific gravity of water at specified
test conditions, which is equivalent to
1.00.
6.3.1.1 Determine the rated hydraulic
horsepower as the pump power output
measured on the reference curve at maximum
rotating speed and full impeller diameter for
the rated pump.
6.3.2 For dedicated-purpose pool pumps
with single-phase AC motors or DC motors,
determine the dedicated-purpose pool pump
EP02DE22.000</GPH>
lotter on DSK11XQN23PROD with PROPOSALS1
6.3.1 Determine the pump power output at
any load point i using the following equation:
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules
6.3.2.2 For DC motors, determine the
measured speed and torque at full load
according to either section 6.3.2.2.1 or
6.3.2.2.2 of this appendix.
6.3.2.2.1 Use the procedures of IEEE 113–
1985, according to section 1.4 of this
appendix, or
6.3.2.2.2 Use the applicable procedures of
CSA C747–09 (R2019), according to section
1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only
measurements at full load are required in
section 6.5, and section 6.6 shall be
disregarded (incorporated by reference, see
§ 431.463).
6.3.3 For dedicated-purpose pool pumps
with single-phase AC motors or DC motors,
the dedicated-purpose pool pump service
factor is equal to 1.0.
6.3.4 Determine the dedicated-purpose
pool pump motor total horsepower according
to section 6.3.4.1 of this appendix for
dedicated-purpose pool pumps with singlephase AC motors or DC motors and section
6.3.4.2 of this appendix for dedicatedpurpose pool pumps with polyphase AC
motors.
6.3.4.1 For dedicated-purpose pool
pumps with single-phase AC motors or DC
motors, determine the dedicated-purpose
pool pump motor total horsepower as the
product of the dedicated-purpose pool pump
nominal motor horsepower, determined in
accordance with section 6.3.2 of this
appendix, and the dedicated-purpose pool
pump service factor, determined in
accordance with section 6.3.3 of this
appendix.
6.3.4.2 For dedicated-purpose pool
pumps with polyphase AC induction motors,
determine the dedicated-purpose pool pump
motor total horsepower as the product of the
rated nominal motor horsepower and the
rated service factor of the motor.
6.3.5 Determine the true power factor at
each applicable load point specified in Table
1 of this appendix for each DPPP variety and
speed configuration as a ratio of driver power
input to the motor (or controls, if present)
(Pi), in watts, divided by the product of the
voltage in volts and the current in amps at
each load point i, as shown in the following
equation:
Where:
PFi = true power factor at each load point i,
dimensionless;
Pi = driver power input to the motor (or
controls, if present) at each load point i,
in watts;
Vi = voltage at each load point i, in volts;
Ii = current at each load point i, in amps; and
i = load point(s), defined uniquely for each
DPPP variety and speed configuration as
specified in section 5.3 of this appendix.
6.4 Determination of Maximum Head.
Determine the maximum head for selfpriming pool filter pumps, non-self-priming
pool filter pumps, and waterfall pumps by
measuring the head at maximum speed and
the minimum flow rate at which the pump
is designed to operate continuously or safely,
where the minimum flow rate is assumed to
be zero unless stated otherwise in the
manufacturer literature.
7.0 Determination of Self-Priming
Capability
7.1 Test Method. Determine the vertical
lift and true priming time of non-self-priming
pool filter pumps and self-priming pool filter
74047
pumps that are not already certified as selfpriming under NSF/ANSI/CAN 50–2020 by
testing such pumps pursuant to section N.3–
3 of appendix Normative Annex 3 of NSF/
ANSI/CAN 50–2020, except for the
modifications and exceptions listed in the
following sections 7.1.1 through 7.1.5 of this
appendix:
7.1.1 Where section N–3.3.2,
‘‘Apparatus,’’ and section N–3.3.4, ‘‘Selfpriming capability test method,’’ of NSF/
ANSI/CAN 50–2020 state that the ‘‘suction
line must be essentially as shown in
Normative Annex 3, figure 3;’’ the phrase
‘‘essentially as shown in Normative Annex 3,
figure 3’’ means:
(a) The centerline of the pump impeller
shaft is situated a vertical distance equivalent
to the specified vertical lift (VL), calculated
in accordance with section 7.1.1.1. of this
appendix, above the water level of a water
tank of sufficient volume as to maintain a
constant water surface level for the duration
of the test;
(b) The pump draws water from the water
tank with a riser pipe that extends below the
water level a distance of at least 3 times the
riser pipe diameter (i.e., 3 pipe diameters);
(c) The suction inlet of the pump is at least
5 pipe diameters from any obstructions, 90°
bends, valves, or fittings; and
(d) The riser pipe is of the same pipe
diameter as the pump suction inlet.
7. 1.1.1 The vertical lift (VL) must be
normalized to 5.0 feet at an atmospheric
pressure of 14.7 psia and a water density of
62.4 lb/ft3 in accordance with the following
equation:
62.4 lb/f t3
(. Pabs.test )
VL = 5.0ft x - - - - - x 14.7psia
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18:28 Dec 01, 2022
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7.1.3 All tests must be conducted with
clear water that meets the requirements
adopted in section 4.3 of this appendix.
7.1.4 In section N–3.3.4, ‘‘Self-priming
capability test method,’’ of NSF/ANSI/CAN
50–2020, ‘‘the elapsed time to steady
discharge gauge reading or full discharge
flow’’ is determined when the changes in
head and flow, respectively, are within the
tolerance values specified in table 40.6.3.2.2,
‘‘Permissible amplitude of fluctuation as a
percentage of mean value of quantity being
measured at any test point,’’ of HI 40.6–2021.
The measured priming time (MPT) is
determined as the point in time when the
stabilized load point is first achieved, not
when stabilization is determined. In
addition, the true priming time (TPT) is
equivalent to the MPT.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
7.1.5 The maximum true priming time for
each test run must not exceed 10.0 minutes.
Disregard section N–3.3.5 of NSF/ANSI/CAN
50–2020.
8. Optional Testing and Calculations
8.1 Replacement Dedicated-Purpose Pool
Pump Motors. To determine the WEF for
replacement DPPP motors, test each
replacement DPPP motor paired with each
dedicated-purpose pool pump bare pump for
which the replacement DPPP motor is
advertised to be paired, as stated in the
manufacturer’s literature for that replacement
DPPP motor model, according to the testing
and calculations described in sections 2, 3,
4, 5, and 6 of this appendix. Alternatively,
each replacement DPPP motor may be tested
with the most consumptive dedicatedpurpose pool pump bare pump for which it
E:\FR\FM\02DEP1.SGM
02DEP1
EP02DE22.004</GPH>
Where:
VL = vertical lift of the test apparatus from
the waterline to the centerline of the
pump impeller shaft, in ft;
rtest = density of test fluid, in lb/ft3; and
Pabs,test = absolute barometric pressure of test
apparatus location at centerline of pump
impeller shaft, in psia.
7.1.2 The equipment accuracy
requirements specified in section 3,
‘‘Measurement Equipment,’’ of this appendix
also apply to this section 7, as applicable.
7.1.2.1 All measurements of head (gauge
pressure), flow, and water temperature must
be taken at the pump suction inlet and all
head measurements must be normalized back
to the centerline of the pump impeller shaft
in accordance with section A.3.1.3.1 of HI
40.6–2021.
EP02DE22.003</GPH>
lotter on DSK11XQN23PROD with PROPOSALS1
Ptest
74048
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules
is advertised to be paired, as stated in the
manufacturer’s literature for that replacement
DPPP motor model. If a replacement DPPP
motor is not advertised to be paired with any
specific dedicated-purpose pool pump bare
pumps, test with the most consumptive
dedicated-purpose pool pump bare pump
available.
Appendix D to Subpart Y of Part 431
[Redesignated as Appendix C]
11. Appendix D to Subpart Y of Part
431 is redesignated as Appendix C to
Subpart Y of Part 431 and amended by:
■ a. In the introductory note, removing
the words, ‘‘Note 1 to appendix D’’ and
adding, in their place, the words ‘‘Note
1 to appendix C’’; and
■ b. In section 2.1, in the heading of
Table 1, removing the words, ‘‘Table 1
to Appendix D to Subpart Y of Part 431’’
and adding, in their place, the words
‘‘Table 1 to Appendix C to Subpart Y of
Part 431.’’
■
[FR Doc. 2022–24201 Filed 12–1–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–1444; Airspace
Docket No. 22–AWP–74]
RIN 2120–AA66
Proposed Establishment of Class E
Airspace; Williams, AZ
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace at Williams,
AZ. The FAA is proposing this action to
support the establishment of new public
instrument procedures.
DATES: Comments must be received on
or before January 17, 2023.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–9826, or (800) 647–5527. You must
identify FAA Docket No. FAA–2022–
1444/Airspace Docket No. 22–AWP–74
at the beginning of your comments. You
may also submit comments through the
internet at www.regulations.gov. You
may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office between
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:28 Dec 01, 2022
Jkt 259001
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. For further information,
you can contact the Airspace Policy
Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
establish Class E airspace extending
upward form 700 feet above the surface
at H.A. Clark Memorial Field, Williams,
AZ, to support instrument flight rule
operations at this airport.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2022–1444/Airspace
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
Docket No. 22–AWP–74.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at www.faa.gov/air_
traffic/publications/airspace_
amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Federal
Aviation Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points,
dated August 19, 2022, and effective
September 15, 2022. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. FAA Order JO 7400.11G lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA is proposing an amendment
to 14 CFR part 71 by establishing Class
E airspace extending upward from 700
feet above the surface within a 20-mile
radius of H.A. Clark Memorial Field,
Williams, AZ.
This action supports the
establishment of public instrument
procedures at H.A. Clark Memorial
Field.
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022,
E:\FR\FM\02DEP1.SGM
02DEP1
]]>Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74023-74048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24201]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 /
Proposed Rules
[[Page 74023]]
DEPARTMENT OF ENERGY
10 CFR Part 429 and 431
[EERE-2022-BT-TP-0003]
RIN 1904-AE95
Energy Conservation Program: Test Procedure for Dedicated-Purpose
Pool Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for dedicated-purpose pool pumps (``DPPPs'') to
incorporate by reference the latest version of the relevant industry
standards, to codify DOE's current enforcement policy regarding the
scope of the DPPP test procedure pertaining to DPPPs that cannot be
appropriately tested by the current DOE test procedure, to align DOE's
DPPP definitions with DOE's corresponding DPPP motor definitions, and
to remove an obsolete DOE DPPP test procedure appendix. DOE is seeking
comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than January 31, 2023. See section V, ``Public
Participation,'' for details.
DOE will hold a public meeting via webinar on Monday, December 12,
2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov, under docket
number EERE-2022-BT-TP-0003. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-TP-0003, by any of the
following methods:
Email: [email protected]. Include the docket number EERE-
2022-BT-TP-0003 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0003. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected].
Mr. Nolan Brickwood, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4498. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standards into 10 CFR part 431:
CSA C747-2009 (Reaffirmed 2019), ``Energy efficiency test methods
for small motors,'' CSA reaffirmed 2019, (``CSA C747-09 (R2019)'').
HI 40.6-2021, ``Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing'', approved February 17, 2021.
NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming Pools,
Spas, Hot Tubs, and Other Recreational Water Facilities,'' designated
as an ANSI Standard and National Standard of Canada October 21, 2020.
Copies of CSA C747-2009 are available at www.csagroup.org.
Copies of HI 40.6-2021 are available at www.pumps.org.
Copies of NSF/ANSI/CAN 50-2020 are available at www.ansi.org or
www.scc.ca/en/welcome-standards-store.
See section IV.M of this document for a further discussion of these
standards.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
1. Pool Filter Pumps With Hydraulic Output Power >=2.5 HHP
2. Pumps Subject to DOE's DPPP Enforcement Policy
3. Certain Self-Priming Pumps and Waterfall Pumps
B. Updates to Industry Standards
[[Page 74024]]
C. Definitions
1. Aligning DPPP and DPPP Motor Definitions
2. Integral Filters
3. Pool Pump Timers
D. Test Method for Pressure Cleaner Booster Pumps
E. Removing Appendix B
F. Reporting
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
H. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
A dedicated-purpose pool pump is a type of ``pump.'' Pumps are
included in the list of ``covered equipment'' for which DOE is
authorized to establish and amend energy conservation standards and
test procedures. (42 U.S.C. 6311(1)(A)) DOE's energy conservation
standards and test procedures for DPPPs are currently prescribed at
title 10 of the Code of Federal Regulations (``CFR''), Sec.
431.464(b), and appendices B and C to subpart Y of part 431. The
following sections discuss DOE's authority to establish test procedures
for DPPPs and relevant background information regarding DOE's
consideration of test procedures for this equipment.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of several consumer
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part C \2\ of EPCA, added by Public Law 95-619, Title IV, section
441(a), established the Energy Conservation Program for Certain
Industrial Equipment, which sets forth a variety of provisions designed
to improve energy efficiency. ``Pumps'' are listed as a type of
industrial equipment covered by EPCA, although EPCA does not define the
term ``pump.'' (42 U.S.C. 6311(1)(A)) DOE has defined ``pump'' as
equipment designed to move liquids (which may include entrained gases,
free solids, and totally dissolved solids) by physical or mechanical
action, includes a bare pump, and, if included by the manufacturer at
the time of sale, mechanical equipment, driver, and controls. 10 CFR
431.462. DPPPs, which are the subject of this notice of proposed
rulemaking (``NOPR''), meet this definition of a pump and are covered
under the pump equipment type.
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6311), test
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
must use these test procedures to determine whether the equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however,
grant waivers of Federal preemption for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6297)
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use, and estimated
annual operating cost of a given type of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)-(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including DPPPs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1)(A))
In addition, if the Secretary determines that a test procedure
amendment is warranted, the Secretary must publish the proposed test
procedures in the Federal Register and afford interested persons an
opportunity (of not less than 45 days' duration) to present oral and
written data, views, and arguments on the proposed test procedures. (42
U.S.C. 6314(b)). If DOE determines that test procedure revisions are
not appropriate, DOE must publish its determination not to amend the
test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this NOPR in satisfaction of the 7-year review
requirement specified in EPCA. (42 U.S.C. 6314(a)(1)(A))
B. Background
DOE's existing test procedures for DPPPs appear at 10 CFR
431.464(b) and at 10 CFR 431 subpart Y, appendix B (``appendix B'') \3\
and appendix C (``appendix C''). Any representations made on or after
July 19, 2021, with respect to the energy use or efficiency of
dedicated-purpose pool pumps subject to testing pursuant to 10 CFR
431.464(b), must be made in accordance
[[Page 74025]]
with the results of testing pursuant to appendix C. Reflecting the
circumstances when the existing test procedure was promulgated, any
representations made after February 5, 2018 but before July 19, 2021
with respect to the energy use or efficiency of dedicated-purpose pool
pumps must have been made in accordance with the results of testing
pursuant to appendix B.
---------------------------------------------------------------------------
\3\ On February 5, 2018 but before July 19, 2021, any
representations made with respect to the energy use or efficiency of
dedicated-purpose pool pumps subject to testing pursuant to 10 CFR
431.464(b) must be made in accordance with the results of testing
pursuant to appendix B. See Note to appendix B to subpart Y of part
431.
---------------------------------------------------------------------------
DOE established the currently applicable test procedures for DPPPs
in a final rule published on August 7, 2017. 82 FR 36858 (``August 2017
TP Final Rule''). DOE established the currently applicable energy
conservation standards for DPPPs in a direct final rule published on
January 18, 2017. 82 FR 5650 (``January 2017 ECS Direct Final Rule'').
The test procedure and standards established by these final rules were
based on the recommendations of the Appliance Standards and Rulemaking
Federal Advisory Committee (``ASRAC'') DPPP 2017 Working Group (``DPPP
Working Group''). The test procedure and standards for DPPPs are based
on the weighted energy factor (``WEF'') metric.
On January 24, 2022, DOE published a request for information
(``RFI'') undertaking a review to determine whether amendments are
warranted for the test procedures for DPPPs. 87 FR 3457 (``January 2022
TP RFI''). DOE received comments in response to the January 2022 TP RFI
from the interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the January 2022 TP RFI
----------------------------------------------------------------------------------------------------------------
Comment No. in
Commenter(s) Reference in this NOPR the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Project, ASAP et. al............... 8 Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Natural Resources
Defense Council, Northwest Energy
Efficiency Alliance.
Pacific Gas and Electric Company, San CA IOUs................... 10 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
California Energy Commission and New CEC and NYSERDA........... 9 State Agencies.
York State Energy Research and
Development Authority.
Fluidra................................. Fluidra................... 7 Manufacturer.
NSF International....................... NSF....................... 4 Industry Association.
Pool and Hot Tub Alliance............... PHTA...................... 6 Industry Association.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\4\
DOE notes that the docketed comments from PHTA and Fluidra include
responses to both the January 2022 TP RFI as well as to an RFI related
to DPPP energy conservation standards. 87 FR 3461 (``January 2022 ECS
RFI''). In this NOPR, DOE addresses only the comments related to the
January 2022 TP RFI as well as certain comments related to the January
2022 ECS RFI that have to do with definitions and test procedure. The
remainder of comments related to the January 2022 ECS RFI will be
addressed in a separate standards rulemaking.
---------------------------------------------------------------------------
\4\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for DPPPs. (Docket No. EERE-2022-BT-TP-0003, which
is maintained at www.regulations.gov). The references are arranged
as follows: (commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 431.462, 10 CFR
431.463, 10 CFR 431.464, and appendices B and C to subpart Y of 10 CFR
part 431 as follows: (1) codify the scope of the DPPP test procedure
consistent with DOE's current enforcement policy pertaining to DPPPs
that cannot be appropriately tested by the current DOE test procedure;
(2) update references to industry test standards to reflect current
industry practices; (3) align DOE's DPPP definitions with DOE's
corresponding DPPP motor definitions; and (4) remove the current test
procedure at appendix B, which is obsolete. DOE's proposed actions are
summarized in Table II.1 compared to the current test procedure as well
as the reason for the proposed change. DOE notes that it is reprinting
the entirety of the proposed appendix B, which is the current appendix
C re-named to appendix B with amendments as proposed, with formatting
changes. All substantive proposals are summarized in Table II.1.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
------------------------------------------------------------------------
DOE issued an enforcement Codify the enforcement Improve clarity
policy pertaining to certain policy in 10 CFR of test
types of DPPPs that were not 431.464 by explicitly procedure.
considered during the excluding these
development of the test certain pumps from
procedures and currently the scope of DOE's
applicable energy DPPP test procedure.
conservation standards for
DPPPs.
References NSF/American Adopts latest versions Harmonize with
National Standards Institute of these referenced updated
(``ANSI'')/Canadian Standards industry standards. industry
Association (``CAN'') 50- standard.
2015, Hydraulic Institute
(``HI'') 40.6-2016.
Not all definitions relevant Amends the following Improve clarity
to DPPP in 10 CFR 431.462 are pump definitions in of test
aligned with definitions 10 CFR 431.462 to procedure.
specified for DPPP motors in align with the
10 CFR 431.483. corresponding DPPP
motor definitions in
10 CFR 431.483: multi-
speed dedicated-
purpose pool pump,
variable-speed
dedicated-purpose
pool pump, dedicated-
purpose pool pump
motor total
horsepower, rigid-
electric spa pump
motor. Adds
definitions for drive
and maximum operating
speed.
[[Page 74026]]
Appendix B was required for Removes appendix B, Improve clarity
any representations made with which is now of test
respect to the energy use or obsolete, and renames procedure.
efficiency of DPPPs between appendix C as
February 5, 2018 and July 19, appendix B.
2021.
------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would not alter the measured
efficiency of DPPPs or require retesting or recertification solely as a
result of DOE's adoption of the proposed amendments to the test
procedures, if made final. Additionally, DOE has tentatively determined
that the proposed amendments, if made final, would not increase the
cost of testing. Discussion of DOE's proposed actions are addressed in
detail in section III of this NOPR.
III. Discussion
In the following sections, DOE proposes certain amendments to its
test procedures for DPPPs. For each proposed amendment, DOE provides
relevant background information, explains why the amendment merits
consideration, discusses relevant public comments, and proposes a
potential approach.
A. Scope of Applicability
DOE's test procedures for DPPPs apply to the following types of
DPPPs that are served by single-phase or polyphase input power: (1)
self-priming pool filter pumps, (2) non-self-priming pool filter pumps,
(3) waterfall pumps, and (4) pressure cleaner booster pumps. 10 CFR
431.464(b)(1)(i)-(ii). These test procedures do not apply to (1)
submersible pumps or (2) self-priming and non-self-priming pool filter
pumps with hydraulic output power greater than or equal to 2.5
horsepower. 10 CFR 431.464(b)(1)(iii).
The scope of the DPPP test procedure as defined at 10 CFR
431.464(b)(1) is consistent with the scope recommended by the DPPP
Working Group. As part of its consideration of test procedure and
standards for DPPPs, the DPPP Working Group determined that very large
pool filter pumps are most commonly installed in commercial
applications, where the head and flow characteristics are significantly
different from residential installations. Because of these differences,
the DPPP Working Group concluded that a test procedure for very large
pool filter pumps would have required different load points than those
established for residential pool pumps. Additionally, it was determined
that for very large pool filter pumps, changes in the equipment such as
pipe diameter made system curve C unrepresentative of such equipment
(see below for further information on system curves). (Docket No. EERE-
2015-BT-STD-0008, No. 53 at p. 190-191, 197-199). The DPPP Working
Group also discussed very large pool filter pumps' use of motors which
are already subject to DOE standards and which are generally higher
efficiency than motors of smaller pool filter pumps. (Docket No. EERE-
2015-BT-STD-0008, No. 79, p. 40).
During the course of the DPPP Working Group negotiations, a
hydraulic output of 2.5 hydraulic horsepower (``hhp'') was discussed as
the threshold value that differentiates residential pool filter pumps
from the type of very large pool filter pumps most commonly installed
in commercial applications. (Docket No. EERE-2015-BT-STD-0008, No. 79
at p. 33-34, p. 39, p. 41-42, p. 44-48, p. 50-53). The identification
of 2.5 hhp as the threshold was based on identifying the DPPP with
largest hhp in the California Energy Commission's certification
database,\5\ which was presumed to include pumps used only in
residential applications. The DPPP Working Group also noted a lack of
performance data for very large pool filter pumps, which prevented the
group from negotiating standards for these pumps. Consequently, the
DPPP Working Group did not recommend a test procedure for these pumps.
(Docket No. EERE-2015-BT-STD-0008, No. 79 at p. 33-34, p. 39, p. 41-42,
p. 44-48, p. 50-53). Consistent with the recommendations of the DPPP
Working Group, DOE did not adopt a test procedure or standards for pool
filter pumps with hydraulic output power greater than or equal to 2.5
hhp in the August 2017 TP Final Rule. 82 FR 36858, 36872.
---------------------------------------------------------------------------
\5\ California Energy Commission's Modernized Appliance
Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx.
---------------------------------------------------------------------------
Subsequent to the adoption of the test procedure and energy
conservation standards for DPPPs, DOE became aware of several models of
DPPPs that are designed and marketed for commercial applications but
that do in fact have hydraulic output power less than 2.5 hhp. These
pumps are also characterized as having an orifice with inner diameter
of greater than 2.85 inches and a measured performance of greater than
or equal to 200 gallons per minute (``gpm'') at 50 feet of head, as
measured in accordance with the DOE test procedure. The Office of the
General Counsel issued an enforcement policy statement regarding these
DPPPs (``DPPP Enforcement Policy'').\6\ The DPP Enforcement Policy
explained that these pumps were considered to be different from
dedicated-purpose pool pumps considered during the DPPP Working Group
negotiations, but were not explicitly exempted in the regulatory text
of the August 2017 TP Final Rule and January 2017 ECS Direct Final
Rule. The policy states that DOE will not enforce the testing,
labeling, certification, and standards compliance requirements for
DPPPs meeting all of the following three criteria: (1) the orifice on
the pump body that accepts suction side plumbing connections has an
inner diameter of greater than 2.85 inches; (2) the pump has a measured
performance of >=200 gpm at 50 feet of head as determined in accordance
with appendix B or appendix C (as applicable) to subpart Y of part 431,
section I.A.1 (when determining overall efficiency, best efficiency
point, or other applicable pump energy performance information, section
40.6.5.5.1, ``Test procedure''; section 40.6.6.2, ``Pump efficiency'';
and section 40.6.6.3, ``Performance curve'' must be used, as
applicable); and (3) the pump is marketed exclusively for commercial
applications.
---------------------------------------------------------------------------
\6\ www.energy.gov/gc/articles/direct-purpose-pool-pumps-enforcement-policy.
---------------------------------------------------------------------------
In the January 2022 TP RFI, DOE requested comment on whether it
should expand the scope of the DPPP test procedure to include pumps
designed for commercial applications, including those subject to the
DPPP Enforcement Policy and/or pool filter pumps with hydraulic output
power greater than or equal to 2.5hhp. 87 FR 3457, 3460. DOE also
sought information on which test points and
[[Page 74027]]
system curves \7\ would be appropriate to measure performance of these
DPPPs. Id. The following sections discuss comments received and DOE's
consideration of pool filter pumps with hydraulic output power greater
than or equal to 2.5 hhp and pumps subject to the DPPP Enforcement
Policy.
---------------------------------------------------------------------------
\7\ A system curve is a graphical representation of the
relationship between flow rate and the associated head losses.
---------------------------------------------------------------------------
1. Pool Filter Pumps With Hydraulic Output Power >=2.5 HHP
The PHTA stated that DOE should not expand the scope of the DPPP
test procedure to include commercial pumps with 2.5 hhp or greater, as
these pumps cover a wide range of applications and are subject to
strict public health regulations. (PHTA, No. 6, pp. 13-14) The PHTA
further commented that if these large pumps are pursued, the scope
would need to be narrowed (e.g., capped at 5 hhp or single-phase motors
only). (Id.) Fluidra stated that the scope and range of commercial
pumps above 2.5 hhp is varied and vast, and that DOE should consider
limiting the scope of coverage for commercial DPPPs to single speed
DPPPs that fall under DOE's DPPP Enforcement Policy. Fluidra stated
that before extending the scope further, DOE would need to conduct a
new analysis and develop a new test method with industry as for
commercial applications, pipe sizes range from 3-to-12-inch plumbing,
and only system Curves A, B, and C \8\ have been commonly accepted by
industry. (Fluidra, No. 7, pp. 9-10)
---------------------------------------------------------------------------
\8\ A set of standardized system curves has been developed for
DPPPs, designated as A, B, C, and D. Curves A, B, and C were
developed by Pacific Gas and Electric based data from an exercise by
ADM Associates, Inc. in 2002, Evaluation of Year 2001 Summer
Initiatives Pool Pump Program and input from industry experts. The
Australia state and territory governments and the New Zealand
government operate the Energy Rating Labeling Program rely on
Australian Standard (AS) 5102-2009, ``Performance of household
electrical appliances--Swimming pool pump--units, Parts 1 and 2''
(AS 5102-2009) which utilizes system curve D.
---------------------------------------------------------------------------
The PHTA also stated that DOE would need to determine a new test
point to develop an appropriate system curve because the current test
procedure is based on the system curve C, on which the larger DPPPs do
not operate. (PHTA, No. 6, p. 14) This new test procedure would need to
also determine the plumbing size, hhp categories, and appropriate curve
per those categories. Id.
DOE noted in the August 2017 TP Final Rule that the system curve C
on which DOE's current DPPP test procedure is based \9\ was initially
developed to be representative of 2.5-inch plumbing. 82 FR 36858,
36879. Additionally, section 4.1.2.1.3 of ANSI/Association of Pool and
Spa Professionals (``APSP'')/International Code Council (``ICC'')-15a-
2013 \10\ describes curves A, B, and C as ``approximately''
representative of 2.0-inch, 1.5-inch, and 2.5-inch diameter pipe,
respectively, as noted in the 2016 NOPR that preceded the August 2017
TP Final Rule. 81 FR 64580, 64598 (September 20, 2016) (``2016 TP
NOPR'').
---------------------------------------------------------------------------
\9\ Specifically, for self-priming pool filter pumps and non-
self-priming pool filter pumps, Table 1 of appendix C specifies a
head equation corresponding to system curve B (i.e., H = 0.0082 x
Q\2\).
\10\ ANSI/APSP/ICC-15a-2013, ``American National Standard For
Residential Swimming Pool And Spa Energy Efficiency.''
---------------------------------------------------------------------------
ASAP et. al, CEC and NYSERDA, and the CA IOUs commented that DOE
should develop a test procedure to cover large commercial pool pumps.
These commenters each cited a study by Worth et al. (``Worth et al.
study'') \11\ that estimated that while large public pools comprise
only 2 percent of the total in-ground pools, they account for 49
percent of total pool pump energy use. (ASAP et al., No. 8, p. 1; CEC
and NYSERDA, No. 9, p. 2; CA IOUs, No. 10, p. 2) The CA IOUs noted that
the current scope of the DPPP products test procedure was limited to
products below 2.5 hhp, and that the corresponding standards had
yielded significant energy savings. (CA IOUs, No. 10, p. 2) The CA IOUs
stated that the Worth et al. study demonstrates that the large
commercial pool pump market consumes approximately the same electrical
energy as pool pumps subject to DOE's DPPPs regulations. The CA IOUs
also commented that the study cited an aquatic management system field
study that reported at least 25 percent savings due to the use of
variable speed controls compared to conventional baseline pumps at each
large commercial pump installation, indicating significant energy
savings potential. (CA IOUs, No. 10, pp. 2-3) Therefore, the CA IOUs
recommended that DOE develop a test procedure for pumps above 2.5 hhp.
Id.
---------------------------------------------------------------------------
\11\ Worth, C., T. Rosenfeld, G. Gockel, and G. Fernstrom. ``A
Cannonball of Opportunity: The Hidden Savings Potential from Large
Public Swimming Pools.'' Proceedings from the 2018 ACEEE Summer
Study on Energy Efficiency in Buildings.
---------------------------------------------------------------------------
The PHTA stated that DOE should not include commercial DPPPs,
noting that there are 258,366 commercial pools, which represents 4.67%
of the United States pool market, and that many pool pumps used in
smaller commercial pools such as hotels or condos are already captured
by the DPPP rule. The PHTA stated it lacked data on how many pumps
larger than 2.5 hhp are currently utilized, but noted that many of
these larger commercial pools likely use single speed pumps and that of
those three-phase pumps in use most used VFDs. PHTA further added that
most commercial pool applications are engineered to ensure proper
turnover rates that ensure compliance with state public health and
safety regulations and national industry codes and standards. PHTA
stated that it believes the challenges of expanding the scope or
developing a separate test procedure far outweigh the benefits. (PHTA,
No. 6, p. 14).
ASAP et. al stated that because of the differences in head and flow
characteristics between commercial and residential pool applications,
DOE should investigate the representative test points and system curves
for DPPPs designed for commercial pool applications. Such a test
procedure would give consumers access to energy efficiency information
based on a standardized test method. (ASAP et al., No. 8, p. 1)
With regard to the development of a system curve for large
commercial pool pumps, the CA IOUs noted that the DPPP Working Group
had discussed potential low- and high-flow operating points for DPPPs
with larger than 2.5 hhp. (CA IOUs, No. 10, p. 3) The CA IOUs
encouraged DOE to continue this development, and expressed support for
using a constant head system curve rather than Curve C as the DPPP
Working Group had recommended. To support its recommendation, the CA
IOUs presented field data collected by HMW International Inc. from 47
large commercial pools in California of varying sizes and filtration
flow rates.\12\ The CA IOUs stated that the study showed a somewhat
consistent linear trend between flow rate and power, indicating that
flow rate is the primary source energy demand variation. The CA IOUs
explained that this trend is attributable to the rule of thumb used by
industry in which these systems are designed using an end-suction
closed coupled pump with an assumed constant head pressure of 60 to 70
feet. The CA IOUs asserted that although this constant head pressure
assumption is different from the 47 feet of head in the 200 to 500 gpm
(2 to 7 hhp) range
[[Page 74028]]
assumed by the DPPP Working Group,\13\ the use of a constant head test
method approach for this equipment appears to be practical and
supported by field data. The CA IOUs stated that DOE should work with
industry to refine the system curve and design head assumptions based
on current practices and field data in order to propose a test method
for the larger commercial DPPPs. (CA IOUs, No. 10, pp. 3-4)
---------------------------------------------------------------------------
\12\ Ibid, 3-8.
\13\ See transcript from negotiations resulting in the January
2017 ECS Direct Final Rule: Docket No. EERE-2015-BT-STD-0008, No.
95, pp. 188-197.
---------------------------------------------------------------------------
In this NOPR, DOE is not proposing a test procedure for DPPPs with
greater than 2.5 hhp. Regarding comments to develop the appropriate
system curve and test load points for DPPPs with greater than 2.5 hhp,
DOE notes that the DPPP Working Group discussed potential test
procedures for DPPPs with greater than 2.5 hhp, but did not come to
consensus on such a test procedure. The DPPP Working Group discussed
how, unlike DPPPs with less than 2.5 hhp which are typically installed
in residential applications, very large pool filter pumps are more
commonly installed in commercial applications with significantly
different and variable head and flow characteristics than those
applicable to residential applications. (Docket No. EERE-2015-BT-STD-
0008, CA IOUs No. 53 at p. 197-200) Therefore, the DPPP Working Group
determined that any test procedure for very large pool filter pumps
(i.e., those over 2.5 hhp) would require unique load points and system
curves. (Docket No. EERE-2015-BT-STD-0008, No. 53 at p. 190-191). The
DPPP Working Group considered system curves other than curve C and
ultimately considered a constant head test method for larger DPPPs, as
noted by the CA IOUs, with discussion regarding a potential
discontinuity at 2.5 hhp.\14\ The CA IOUs comment cites a study that
would support a different constant head value than that discussed by
the DPPP Working Group for pumps over 2.5 hhp. In addition, as
discussed in section III.A.2, commenters recommended considering system
curves D and E for pumps near 2.5 hhp and subject to the enforcement
policy. (CA IOUs, No. 10, p. 2; CEC and NYSERDA, No. 9, p. 2) DOE notes
that the use of differing system curves, including constant head
curves, across different categories or sizes of DPPPs, would cause
discontinuities in ratings at the hhp boundaries, which could cause
confusion in the marketplace due to the inability to correctly compare
products in that space. DOE also lacks access to and data regarding the
distribution of pool commercial pool sizes, which would be necessary to
independently verify and to develop a test procedure.
---------------------------------------------------------------------------
\14\ See transcript from negotiations resulting in the January
2017 ECS Direct Final Rule: Docket No. EERE-2015-BT-STD-0008, No.
95, p. 188-197; Docket No. EERE-2015-BT-STD-0008, No. 63, p. 2. See
for example, presentation from negotiations: Docket No. EERE-2015-
BT-STD-0008, No. 60, p. 143-147.
---------------------------------------------------------------------------
Therefore, at this time, DOE does not have sufficient field data or
performance characteristics to properly develop a test procedure
appropriate for DPPPs with greater than 2.5 hhp. DOE has not been made
aware of or received any additional data subsequent to the DPPP Working
Group process that would allow it to develop a test procedure that is
representative for DPPPs with greater than 2.5 hhp. If DOE determines
in a final rule not to expand the scope, DOE will continue to monitor
the commercial pool market and regulatory environment and reassess the
scope of its test procedure in the future.
In addition, DOE reviewed the Worth et al. study cited by ASAP et
al., CEC and NYSERDA, and the CA IOUs. The report recommends developing
standards to support incentives for variable speed technology retrofits
on pumps used in large public pools. DOE notes, however, that the
report identifies several barriers to using variable speed technology
pumps in public pools, including restrictive health codes as well as a
lack of best practices, control technology, and training specific to
the public pool industry.\15\ These barriers to installing more
efficient pumps in public pools suggests that lack of a DOE test
procedure and accompanying energy conservation standard for DPPPs with
greater than 2.5 hhp is not a key barrier hindering the achievement of
pool pump efficiency in large commercial pools. DOE is also concerned
that should DOE receive data allowing DOE to develop a representative
test procedure for these DPPPs, developing such test procedures and
standards may create conflict with health and safety codes that are
applicable to most use cases for these DPPPs. DOE welcomes comment on
this issue.
---------------------------------------------------------------------------
\15\ Worth, C., T. Rosenfeld, G. Gockel, and G. Fernstrom. ``A
Cannonball of Opportunity: The Hidden Savings Potential from Large
Public Swimming Pools.'' Proceedings from the 2018 ACEEE Summer
Study on Energy Efficiency in Buildings, pp. 2-3.
---------------------------------------------------------------------------
For the reasons discussed in this section, in this NOPR, DOE is not
proposing a test procedure specific to DPPPs with hydraulic output
power greater than 2.5 hhp.
DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests data that would allow it to
develop such a test procedure if it was determined to be warranted,
including distribution of commercial pool sizes and piping,
distribution of head and flow requirements across applications in
consideration of current health and safety codes, and distribution of
single speed and variable speed installations.
2. Pumps Subject to DOE's DPPP Enforcement Policy
The CA IOUs commented that DOE should develop a test method for the
DPPPs near 2.5 hhp that meet the criteria of the DPPP Enforcement
Policy, and that this criteria could be used to identify a unique
equipment class of self-priming pool pumps that requires separate
testing conditions from conventional self-priming pool pumps. The CA
IOUs noted that the system curve C is reportedly not appropriate for
testing due to larger suction and outlet side plumbing that would lower
the total dynamic head for a given flow. The CA IOUs stated the current
test procedure is based on system curve C, which represents
approximately 2.5-inch plumbing with total dynamic head representative
of residential pools. The CA IOUs stated DOE should work with industry
to determine if curve D \16\ or a new curve E would be a more
appropriate option for these larger DPPPs (i.e., that are near 2.5 hhp
but covered by the DPPP Enforcement Policy) and validate the
effectiveness of the curve including the minimum gpm value. They
further stated that DOE should collect data on both residential and
commercial products and work with industry to estimate a suitable
minimum flow requirement for the low-speed operating point for this
potential equipment class. (CA IOUs, No. 10, p. 2)
---------------------------------------------------------------------------
\16\ An Australian standard for pool pump units, AS 5102.1:2019,
``Performance of household electrical appliances--Swimming pool
pump-units Measurement of energy consumption and performance,'' uses
system curve D. Additionally Pentair has referenced curve D in
comments to ENERGY STAR as reflective of the hydraulic conditions of
larger pools. (Available at www.energystar.gov/sites/default/files/specs/Pentair%20Comments.pdf).
---------------------------------------------------------------------------
CEC and NYSERDA recommended that DOE amend the test procedure to
ensure that pumps subject to the DPPP Enforcement Policy can be
appropriately tested, and that doing so would eliminate the need for
the enforcement policy. (CEC and NYSERDA, No. 9, p. 1) They noted that
the DPPP Enforcement Policy was only needed because the failure to
consider
[[Page 74029]]
such DPPPs by the DPPP Working Group was an oversight, and that DOE
should take the opportunity to correct this oversight by amending the
test procedure to appropriately test those DPPPs. Id. CEC and NYSERDA
further stated that, as discussed in the DPPP Working Group, curve D
and E \17\ can be a starting point for a potential system curve for
testing these DPPPs, which are not intended to run on Curve C. (CEC and
NYSERDA, No. 9, p. 1)
---------------------------------------------------------------------------
\17\ Although a ``curve E'' was mentioned during discussions in
the DPPP Working Group, DOE is not aware of a curve E having been
developed or used by the pool pump industry.
---------------------------------------------------------------------------
PHTA and Fluidra commented that DOE should codify DOE's DPPP
Enforcement Policy. (PHTA, No. 6, p. 14, Fluidra, No. 7, p. 2)
As discussed in section III.A of this document, the pumps subject
to the DPPP Enforcement Policy are designed for commercial pool
applications and exhibit head and flow characteristics that are
significantly different from residential installations. These
commercial applications also include a much wider range of piping
system sizes and features and this range would not allow DOE to create
a system curve from DOE's existing data that would be representative of
these pumps. As such, the current DOE test procedure would not produce
test results that are representative for pumps with hydraulic output
power less than 2.5 hhp that are designed and marketed for use in
commercial pool applications.
In this NOPR, DOE is not establishing test procedures specific to
the pumps subject to the DPPP Enforcement Policy for the same reasons
described in section III.A.1 of this NOPR regarding DOE's determination
not to establish test procedures for DPPPs with hydraulic output power
greater than 2.5 hhp--namely: (1) because any test procedure for pumps
with hydraulic output power less than 2.5 hhp that are designed and
marketed for use in commercial pool applications would require unique
load points and system curves, and DOE does not have sufficient data or
any further information than it did at the time of the August 2017 TP
Final Rule to develop a test procedure appropriate for such pumps and
to consider the implications of discontinuities at the capacity
boundaries, and (2) that DOE has tentatively determined that any
benefits of such a test procedure would be outweighed by potential
complications with health and sanitation codes.
In addition, since the test procedure would not produce results
that are representative for pumps covered by DOE's DPPP Enforcement
Policy, DOE is proposing to amend the test procedure scope language at
10 CFR 431.464(b)(1)(iii) to make explicit that DPPPs meeting the three
criteria specified in DOE's DPPP Enforcement Policy are excluded from
the scope of the test procedure, with one modification to the second
criterion. The second criterion specifies that the pump have a measured
performance of >=200 gpm at 50 feet of head as determined in accordance
with appendix B or C (as applicable) to subpart Y of 10 CFR part 431,
section I.A.1 (When determining overall efficiency, best efficiency
point, or other applicable pump energy performance information, section
40.6.5.5.1, ``Test procedure''; section 40.6.6.2, ``Pump efficiency'';
and section 40.6.6.3, ``Performance curve'' must be used, as
applicable.). Because DOE has tentatively determined that the DPPP test
procedure is not applicable to these DPPPs, DOE is proposing to remove
the reference to the DPPP test procedure appendix and instead specify
that the measured gpm performance at 50 feet of head be determined in
accordance with section 40.6.5.5.1, ``Test procedure'' and section
40.6.6.3, ``Performance curve'' of HI 40.6-2021.'' This is not a
substantive change because the revision would more explicitly reference
the applicable sections of the industry standard rather than
referencing the DPPP test procedure that includes those references.
Further, DOE is proposing to establish additional product-specific
enforcement provisions for DPPPs at 10 CFR 429.134(i)(2) that would
specify how DOE would determine whether a given pump satisfies the
criteria of having a measured performance of >=200 gpm at 50 feet of
head. Specifically, DOE is proposing to specify that DOE would use
section 40.6.5.5.1, ``Test procedure'' and section 40.6.6.3,
``Performance curve'' of HI 40.6-2021, to determine the flow rate or
gpm of the DPPP model at 50 feet of head, and will use the mean of the
measurement (either the measured flow rate for a single unit sample or
the average of the measured flow rates for a multiple unit sample) to
determine the applicable standard, if any. As discussed, these DPPPs
are distinguished by having an orifice with inner diameter of greater
than 2.85 inches; a measured performance of >=200 gpm at 50 feet of
head as determined in accordance with appendix C, and are marketed
exclusively for commercial applications.
DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs currently subject to the
DPPP Enforcement Policy. DOE also requests data related to the
applications these DPPPs serve including pool size, piping size, and
minimum head and flow requirements. DOE also requests any data and
information related to development of a curve E, as well data
indicating how such a curve was determined (or could be determined) to
be representative of this set of pumps. DOE further requests comment on
its proposal to amend the Scope section of the test procedure to
explicitly exclude such pumps from the scope of the test procedure.
3. Certain Self-Priming Pumps and Waterfall Pumps
DOE also received comments in response to the January 2022 TP RFI
regarding the application of DOE's DPPP Enforcement Policy with respect
to certain self-priming pumps and waterfall pumps.
Referencing a Pentair presentation submitted to the CEC, the CA
IOUs stated that some self-priming DPPPs used in residential
applications meet the enforcement policy criteria when a vanishing edge
water feature is present. The CA IOUs commented that DOE should revisit
the criteria specifying ``marketed exclusively for commercial
applications'' to ensure that residential DPPPs are not also adversely
impacted by the DOE test procedure rating conditions. (CA IOUs, No. 10,
p. 2) DOE acknowledges that one of the pumps shown in that presentation
could be subject to DOE's DPPP Enforcement Policy based on performance
curve alone. However, DOE believes it would be excluded from the
enforcement policy based on orifice size and marketing, indicating that
curve C may be more representative for this pump than for pumps subject
to the enforcement policy, and that this particular pump was likely
among those intended to be subject to standards. As such, DOE is not
proposing any changes to the provisions of the enforcement policy as
they are proposed to be applied to the scope of the test procedure,
discussed in section III.A.2.
The PHTA commented that DOE should consider defining ``commercial
waterfall pumps'' because not all such pumps meet the DPPP Enforcement
Policy criteria that specifies performance of >=200 gpm at 50 feet of
head. The PHTA commented that DOE should create two separate categories
for ``waterfall pump'' to address different sizes and ensure that those
intended for commercial applications are addressed differently. (PHTA,
No. 6, p. 3, 14) Fluidra also commented that the
[[Page 74030]]
commercial application of waterfall pumps should be included in the
scope of DOE's DPPP Enforcement Policy. Fluidra commented that DOE
should define ``commercial waterfall pumps'' to meet the definition of
``waterfall pump'' at 10 CFR 431.462 and also meet criteria 1 and 3 of
the DOE's DPPP Enforcement Policy: (1) the orifice on the pump body
that accepts suction side plumbing connections has an inner diameter of
greater than 2.85 inches and (3) the pump is marketed exclusively for
commercial applications. (Fluidra, No. 7, p. 2)
DOE notes that the definition of waterfall pump at 10 CFR 431.462
is limited to pool filter pumps with a certified maximum head less than
or equal to 30.0 feet, and a maximum speed less than or equal to 1,800
rpm. Any pump with a certified maximum head less than or equal to 30.0
feet would not be capable of meeting the second criteria of the DPPP
Enforcement Policy, which specifies a certain flow rate level at 50
feet of head. Therefore, a DPPP meeting the waterfall pump definition
would never be included in the scope of the DOE DPPP Enforcement
Policy, including as DOE proposes to codify the DPPP Enforcement Policy
in this NOPR. Fluidra's proposal indicates that orifice diameter
(criteria 1) and marketing (criteria 3) should be sufficient to
distinguish commercial waterfall pumps from other waterfall pumps and
that commercial waterfall pumps should be included in the DPPP
Enforcement Policy. (Fluidra, No. 7, p. 2) DOE has tentatively
determined that these conditions are not sufficient to warrant
different treatment. In particular, both marketing and orifice size can
be changed--for example, an adapter could be used to apply a pump with
a larger orifice to a smaller pipe diameter. Furthermore, although
curve C was selected as the most representative system curve for the
DOE test procedure, not all DPPPs subject to the test procedure will be
applied to 2.5 inch pumping. It was the combination of significantly
different hydraulic conditions (in the form of the pump curve) as well
as presumably different piping sizes and marketing, that was used to
identify DPPPs that were hydraulically different from those considered
by the DPPP Working Group and to establish the enforcement policy
criteria.
For the reasons discussed, DOE has no technical basis with which to
propose excluding certain waterfall pumps from the test procedure scope
based solely on orifice size and marketing. Therefore, DOE has
tentatively determined not to propose a separate definition for
commercial waterfall pumps and to maintain the single definition at 10
CFR 431.462.
DOE further notes that no certification requirements or energy
conservation standards currently apply to DPPPs meeting the current
definition of waterfall pump at 10 CFR 431.462. 10 CFR 429.59; 10 CFR
431.465. When DOE selected Trial Standard Level 3 as the energy
conservation standard for DPPPs, this standard did not establish a
standard level for waterfall pumps. 82 FR 5650, 5663, 5715, 5735. As
such, waterfall pumps as defined are subject only to the test procedure
should a manufacturer choose to make representations.
B. Updates to Industry Standards
The test conditions, methods, and measurements described in
appendix C reference certain sections of several industry standards, as
described further throughout this section. Several of the referenced
industry test standards have been updated by industry since DOE
established its test procedures. The currently referenced 2014 version
\18\ of HI 40.6 (``HI 40.6-2014'') has been updated to a 2021 version
\19\ (``HI 40.6-2021''); the currently referenced 2015 version \20\ of
NSF/ANSI 50 (``NSF/ANSI 50-2015'') has been updated to a 2019 version
\21\ (``NSF/ANSI/CAN 50-2019''), followed by a 2020 version \22\
(``NSF/ANSI/CAN 50-2020''); and the currently referenced 2014 version
\23\ of CSA C747-2009 (``CSA C747-2014'') has been updated to a 2019
version \24\ (``CSA C747-2019''). In the January 2022 TP RFI, DOE
requested comment on the updated standards HI 40.6-2021 and NSF/ANSI/
CAN 50-2019 \25\ and whether they should be incorporated by reference
for the DPPP test procedure. 82 FR 3457, 3460-3461.
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\18\ Hydraulic Institute, Hydraulic Institute Standard for
Methods for Rotodynamic Pump Efficiency Testing, Approved 2014.
\19\ Hydraulic Institute, Hydraulic Institute Standard for
Methods for Rotodynamic Pump Efficiency Testing, Approved February
17, 2021.
\20\ NSF International, American National Standards Institute,
Equipment for Swimming Pools, Spas, Hot Tubs and Other Recreational
Water Facilities, Approved January 26, 2015.
\21\ NSF International, American National Standards Institute,
Canadian Standards Association, Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,
Approved 2019.
\22\ NSF International, American National Standards Institute,
Canadian Standards Association, Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,
Approved October 21, 2020.
\23\ Canadian Standards Association, Energy efficiency test
methods for small motors, Approved August 2016.
\24\ Canadian Standards Association, Energy efficiency test
methods for small motors, Approved 2019.
\25\ As discussed later in this section, the 2020 version of
NSF/ANSI/CAN 50 was released subsequent to the analysis conducted in
support of the January 2022 TP RFI.
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The PHTA stated that its members are in overall support of using
the latest editions of most standards but need more time to review the
latest edition of HI 40.6 to assess its impact. Regarding updating to
the 2020 version of NSF/ANSI/CAN 50, PHTA stated that DOE should use
this version, and Fluidra stated that use of this version is acceptable
if there are no changes to the test method. (Fluidra, No. 7, p. 10;
PHTA, No. 6, p. 14-15)
The PHTA and Fluidra stated that if updates to the latest editions
of industry standards require re-testing, those updates would pose a
significant burden to manufacturers. (PHTA, No. 6, p. 14-15; Fluidra,
No. 7, p. 10) The PHTA stated that members would not want to invest in
such a re-testing effort for existing pumps on the market, and that
they presumed that any revised DPPP rule would require only new pumps
to be tested to the latest editions of industry standards. (PHTA, No.
6, p. 14-15)
NSF commented that it supports retaining and updating NSF/ANSI/CAN
50 for DOE's DPPP test procedure. NSF stated that the section of NSF/
ANSI/CAN 50 that is referenced in DOE's DPPP test procedure has only
changed from being labeled C3 to N-3.3 and that the performance
requirements in the section remain the same. (NSF, No. 4, pp. 1-2)
Appendix C states that the WEF of DPPPs must be determined in
accordance with HI 40.6-2014 (with the exception of certain sections of
the industry standard). Appendix C references HI 40.6-2014 with regards
to equipment, test conditions and tolerances, and data collection and
stabilization. DOE's review of the 2021 version of HI 40.6 indicates
that updates are mainly limited to nomenclature and definitions,\26\
non-substantive changes to section titles, and the inclusion of a new
appendix for the testing of circulator pumps. DOE does not need to
reference the new appendix for the DOE DPPP test procedure. Regarding
the HI 40.6 sections referenced in appendix C of the DOE test
procedure, the title of section 40.6.4, ``Considerations when
determining the efficiency of a pump'' has been changed to
``Considerations when determining the efficiency of certain pumps.''
Section A.7 of HI 40.6, ``Testing at temperatures exceeding 30
[[Page 74031]]
[deg]C (86 [deg]F)'', which the DOE test procedure currently directs
not be used, has been removed. Further, in the test procedure NOPR for
commercial and industrial pumps published on April 11, 2022, DOE
tentatively determined that with respect to the provisions of HI 40.6-
2014, the corresponding provisions of HI 40.6-2021 are substantively
the same and that adopting such provisions would not change the current
test procedure. 87 FR 21268, 21285. Based on these considerations, DOE
has tentatively determined the updates in HI 40.6-2021 are non-
substantive and will neither affect testing nor result in different
test outcomes for the measured values of DPPPs. DOE proposes to
incorporate by reference HI 40.6-2021 and update the DPPP test
procedure by replacing references to HI 40.6-2014 with HI 40.6-2021.
Since HI 40.6-2014 would no longer be referenced if DOE were to
finalize the test procedure as proposed, DOE also proposes to remove
the incorporation by reference of HI 40.6-2014 by way of replacing it
with HI 40.6-2021 at 10 CFR 431.463(d)(4).
---------------------------------------------------------------------------
\26\ ANSI/HI 14.1-14.2 ``Rotodynamic Pumps for Nomenclature and
Definitions''.
---------------------------------------------------------------------------
Product-specific enforcement provisions at 10 CFR
429.134(i)(2)(iv)(A) also reference appendix A and section 40.6.3.2.2
of HI 40.6-2014. For similar reasons as stated in the above paragraph,
DOE proposes to replace these references to HI 40.6-2014 with
references to HI 40.6-2021.
Section F of appendix C references section C.3 of appendix C of
NSF/ANSI 50-2015 with regards to determining the self-priming
capability of a pump, which is necessary to determine if a DPPP meets
DOE's definition of a self-priming or non-self-priming pump. In the
January 2022 TP RFI, DOE noted that section N-3.3 of NSF/ANSI/CAN 50-
2019 is the same as section C.3 of NSF/ANSI 50-2015. 87 FR 3457, 3460-
3461. Subsequent to the time of analysis of the January 2022 TP RFI, a
2020 version of the standard was released. DOE reviewed the 2020
version and has determined that, like the 2019 version, section C.3 of
NSF/ANSI 50-2015 is the same as section N3-3 of NSF/ANSI/CAN 50-2020.
DOE's review of the content of these sections indicates no changes. DOE
has tentatively determined that updates to the latest version will
neither affect testing nor result in different test outcomes for the
measured values of DPPPs. Therefore, DOE proposes to incorporate by
reference NSF/ANSI/CAN 50-2020 and update the DPPP test procedure by
replacing references to C.3 of NSF/ANSI 50-2015 with N-3.3 of NSF/ANSI/
CAN 50-2020. DOE also proposes to remove the incorporation by reference
of NSF/ANSI 50-2015 by way of replacing it with NSF/ANSI 50-2020 at 10
CFR 431.463(g)(1).
DOE did not request for comment on updating to CSA C747-2019
because it is simply a reaffirmed version of CSA C747-2014. Therefore,
there are no changes to this test standards, and DOE proposes to
incorporate by reference CSA C747-2019.
As discussed, the proposed updates to industry test standard
references do not involve substantive changes to the test setup and
methodology or impact measured values. DOE has tentatively determined
that incorporation by reference of the latest versions will align DOE
test procedures with the latest industry standards.
DOE requests comments on the proposal to incorporate by reference
HI 40.6-2021, NSF/ANSI/CAN 50-2020, and CSA C747-2019 for appendix C.
C. Definitions
Definitions relevant to DOE's DPPP test procedure are specified at
10 CFR 431.462. In the January 2022 TP RFI, DOE requested comment on
the definitions of DPPPs and DPPP varieties and whether any of the
terms should be amended. In particular, DOE requested comment on
whether the terms are sufficient to identify which equipment is subject
to the test procedure and whether any test procedure amendments are
required to ensure that all such equipment can be appropriately tested
in accordance with the test procedure. 87 FR 3457, 3459.
The PHTA commented that no changes were needed to most of the
existing definitions, with some exceptions. (PHTA, No. 6, p. 2)
The following sections discuss DOE's proposals to align certain
DPPP definitions with definitions for DPPP motors, definitions
pertaining to integral filters, and definitions pertaining to pool pump
timers.
1. Aligning DPPP and DPPP Motor Definitions
On August 14, 2018, DOE received a petition submitted by a variety
of entities (collectively, the ``Joint Petitioners'') \27\ requesting
that DOE issue a direct final rule to establish prescriptive standards
and a labeling requirement for DPPP motors (``2018 DPPP Motor
Petition'').\28\ Appendix A of the 2018 DPPP Motor Petition included
various recommended definitions pertaining to the proposal. In response
to the January 2022 TP RFI, the PHTA stated that DOE should review the
misalignment of definitions in the 2018 DPPP Motor Petition and DOE's
test procedure final rule for DPPP motors that went into effect
September 27, 2021. (PHTA, No. 6, p. 2-3, 12)
---------------------------------------------------------------------------
\27\ The petitioners included the following: The Association of
Pool & Spa Professionals, Alliance to Save Energy, American Council
for an Energy-Efficient Economy, Appliance Standards Awareness
Project, Arizona Public Service, California Energy Commission,
California Investor Owned Utilities, Consumer Federation of America,
Florida Consumer Action Network, Hayward Industries, National
Electrical Manufacturers Association, Natural Resources Defense
Council, Nidec Motor Corporation, Northwest Power and Conservation
Council, Pentair Water Pool and Spa, Regal Beloit Corporation, Speck
Pumps, Texas ROSE (Ratepayers' Organization to Save Energy),
Waterway Plastics, WEG Commercial Motors, and Zodiac Pool Systems.
\28\ The 2018 DPPP Motor Petition is available at
www.regulations.gov/document/EERE-2017-BT-STD-0048-0014.
---------------------------------------------------------------------------
Specifically, the PHTA stated that the variable-speed and multi-
speed definitions from the 2018 DPPP Motor Petition should be included
in any update to current DPPP rules, and that DOE should refer to UL
1004-10 to capture those definitions. (PHTA, No. 6, p. 12) Fluidra
commented that the 2018 DPPP Motor Petition, with all the included
definitions for DPPP motors, should be adopted. (Fluidra, No. 7, p. 9)
On July 29, 2021, DOE published a final rule establishing a test
procedure for DPPP motors. 86 FR 40765 (``September 2021 DPPP Motors
Final Rule''). In that rule, DOE specified that the applicable
definitions for DPPP motors are in Section 2 ``Glossary'' of UL 1004-
10:2020 \29\ and codified this specification in 10 CFR 431.483,
``Definitions.'' 86 FR 40765, 40769. In the September 2021 DPPP Motors
Final Rule, DOE described that in the NOPR for that test procedure
rulemaking, it had presented the main differences in definitions
specified in UL 1004-10:2019 \30\ and those recommended in the 2018
DPPP Motor Petition and, further, had asked for comment on its proposal
to incorporate UL 1004-10:2019. 86 FR 40765, 40769. In response, the CA
IOUs, National Electrical Manufacturers Association (``NEMA'') and PHTA
during the comment period expressed agreement with incorporating UL
1004-10:2020. (Docket No. EERE-2017-BT-STD-0048, No. 64, p. 2; Docket
No. EERE-2017-BT-STD-0048, No. 57, p. 3). DOE in the September 2021
DPPP Motors Final Rule then incorporated UL 1004-10:2020, having
ascertained that this latest version made only minor editorial
[[Page 74032]]
updates and made no changes compared to the 2019 version. 86 FR 40765,
40770.
---------------------------------------------------------------------------
\29\ UL Standards. Pool Pump Motors, Published February 28,
2020.
\30\ UL Standards. Pool Pump Motors, Published July 1, 2019.
---------------------------------------------------------------------------
For this NOPR, DOE reviewed and compared the definitions in Section
2 ``Glossary'' of UL 1004-10:2020 for DPPP motors, as referenced in 10
CFR 431.483, with the definitions in 10 CFR 431.462 that pertain to
DPPPs in order to identify any differences that may create conflict or
confusion. UL 1004-10:2020 defines the following terms: (1) dedicated-
purpose pool pump (DPPP) motor; (2) integral cartridge-filter pool pump
motor, (3) integral sand-filter pool pump motor, (4) storable electric
spa pump motor, (5) rigid-electric spa pump motor, (6) waterfall pump
motor, (7) two-speed dedicated-purpose pool pump motor, (8) multi-speed
dedicated-purpose pool pump motor, and (9) variable-speed control
dedicated-purpose pool pump motor. DOE similarly defines each of these
terms in 10 CFR 431.462, but as ``pumps'' without the word ``motor.''
The definition of dedicated-purpose pool pump motor in UL 1004-
10:2020 specifies that it is an electric motor that is single-phase or
poly-phase and is designed and/or marketed for use in dedicated-purpose
pool pump applications. The definition of dedicated-purpose pool pump
in 10 CFR 431.462 specifies different types of pumps that together
comprise the broader definition of DPPP, but does not provide any
specifications regarding motor components or intended applications.\31\
Hence, the definition of dedicated-purpose pool pump in 10 CFR 431.462
does not conflict with the definition of dedicated-purpose pool pump
motor definition in UL 1004-10:2020. Therefore, DOE has tentatively
determined that the definition of dedicated-purpose pool pump in 10 CFR
431.462 does not need to be amended.
---------------------------------------------------------------------------
\31\ Dedicated-purpose pool pump is defined as comprising self-
priming pool filter pumps, non-self-priming pool filter pumps,
waterfall pumps, pressure cleaner booster pumps, integral sand-
filter pool pumps, integral-cartridge filter pool pumps, storable
electric spa pumps, and rigid electric spa pumps.
---------------------------------------------------------------------------
The definitions of integral cartridge-filter pool pump motor,
integral sand-filter pool pump motor, and storable electric spa pump
motor in UL 1004-10:2020 state that the motor is a component of the
corresponding DPPP type as defined in 10 CFR 431.462. The definitions
for these DPPP types in 10 CFR 431.462 do not provide any
specifications regarding motor components. Hence, the definitions of
integral cartridge-filter pool pump,\32\ integral sand-filter pool
pump,\33\ and storable electric spa pump \34\ in 10 CFR 431.462 do not
conflict with the definitions of integral cartridge-filter pool pump
motor, integral sand-filter pool pump motor, and storable electric spa
pump motor in UL 1004-10:2020. Therefore, DOE has tentatively
determined that these definitions in 10 CFR 431.462 do not need to be
amended.
---------------------------------------------------------------------------
\32\ Integral cartridge-filter pool pump is defined as a pump
that requires a removable cartridge filter, installed on the suction
side of the pump, for operation; and the cartridge filter cannot be
bypassed.
\33\ Integral sand-filter pool pump is defined as a pump
distributed in commerce with a sand filter that cannot be bypassed.
\34\ Storable electric spa pump is defined as a pump that is
distributed in commerce with one or more of the following: (1) an
integral heater; and (2) an integral air pump.
---------------------------------------------------------------------------
The definition of rigid electric spa pump motor in UL 1004-10:2020
states that the motor does not have a C-flange or square flange
mounting and that it is labeled, designed, and marketed for use only in
rigid electric spas as defined in 10 CFR 431.462, Subpart Y, Pumps. The
definition of rigid electric spa pump in 10 CFR 431.462 specifies a
different set of mounting requirements and does not include the
requirement regarding end-use application.\35\ DOE has tentatively
determined that these differences could create conflict or confusion
and that the UL 1004-10:2020 definition of rigid electric spa pump
motor may cause confusion in that it may be interpreted as referring to
a definition of ``rigid electric spa'' in 10 CFR 431.462, which does
not currently exist. Hence, to align the definition of rigid electric
spa pump in 10 CFR 431.462 with the definition of rigid electric spa
pump motor in UL 1004-10:2020, DOE is proposing to amend the definition
of rigid electric spa pump to specify that a rigid electric spa pump
has a motor that does not have a C-flange or square flange mounting,
and that is labeled, and designed and marketed for use only in rigid
electric spas, in addition to the other criteria currently specified
with the existing definition of rigid electric spa pump. DOE has not
identified any pump motors with C-flange or square flange mounting that
are marketed exclusively for spa pumps. As such, DOE has tentatively
determined that this change in definition would not change the scope of
pumps captured by the definition.
---------------------------------------------------------------------------
\35\ Rigid electric spa pump is defined as an end suction pump
that does not contain an integrated basket strainer or require a
basket strainer for operation as stated in manufacturer literature
provided with the pump and that meets the following three criteria:
(1) is assembled with four through bolts that hold the motor rear
endplate, rear bearing, rotor, front bearing, front endplate, and
the bare pump together as an integral unit; (2) is constructed with
buttress threads at the inlet and discharge of the bare pump; and
(3) uses a casing or volute and connections constructed of a non-
metallic material.
---------------------------------------------------------------------------
DOE requests comment on its proposed revision to the definition of
rigid electric spa pump, particularly with regard to whether the
language regarding C-flange or square flange mounting would change the
scope of pumps captured by the definition.
The definition of waterfall pump motor in UL 1004-10:2020 states
that the motor must have a maximum speed less than or equal to 1,800
revolutions per minute (``RPM'') and is designed and marketed for
waterfall pump applications and labeled for use only with waterfall
pumps. The definition of waterfall pump in 10 CFR 431.462 also
specifies a maximum speed less than or equal to 1,800 RPM and
additionally states that the certified maximum head must be less than
or equal to 30.0 feet.\36\ The specification of the maximum head in the
definition of waterfall pump is not related to the motor component and
therefore does not conflict or cause confusion with the definition of
waterfall pump motor in UL 1004-10:2020. Therefore, DOE has tentatively
determined the definition of waterfall pump in 10 CFR 431.462 does not
need to be amended.
---------------------------------------------------------------------------
\36\ Waterfall pump is defined as a pool filter pump with a
certified maximum head less than or equal to 30.0 feet, and a
maximum speed less than or equal to 1,800 rpm.
---------------------------------------------------------------------------
The definition of two-speed dedicated-purpose pool pump motor in UL
1004-10:2020 specifies that the pump motor is to be ``provided'' with a
pool pump control or if without one, the pump cannot operate, among
other criteria. The definition of two-speed dedicated-purpose pool pump
in 10 CFR 431.462 specifies that the pump is to be ``distributed in
commerce'' with a pool pump control or if without one, the pump cannot
operate, among other criteria.\37\ DOE understands that the phrases
``distributed in commerce'' and ``provided'' may be intended to convey
the same meaning; however, the phrase ``distributed in commerce''
provides greater precision that better aligns with DOE's broader
regulatory definitions and statutory language in EPCA.
[[Page 74033]]
Therefore, DOE has tentatively determined to maintain the wording
``distributed in commerce'' and make no amendments to the definition of
two-speed dedicated-purpose pool pump in 10 CFR 431.462.
---------------------------------------------------------------------------
\37\ Two-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at only two
different pre-determined operating speeds, where the low operating
speed is less than or equal to half of the maximum operating speed
and greater than zero, and must be distributed in commerce either:
(1) with a pool pump control (e.g., variable speed drive and user
interface or switch) that is capable of changing the speed in
response to user preferences; or (2) without a pool pump control
that has the capability to change speed in response to user
preferences, but is unable to operate without the presence of such a
pool pump control.
---------------------------------------------------------------------------
The definition of multi-speed dedicated-purpose pool pump motor in
UL 1004-10:2002 contains notable differences compared to the definition
of multi-speed dedicated-purpose pool pump at 10 CFR 431.462.\38\ Table
III.1 summarizes the differences between these definitions.
---------------------------------------------------------------------------
\38\ Multi-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at more
than two discrete, pre-determined operating speeds separated by
speed increments greater than 100 rpm, where the lowest speed is
less than or equal to half of the maximum operating speed and
greater than zero, and must be distributed in commerce with an on-
board pool pump control (i.e., variable speed drive and user
interface or programmable switch) that changes the speed in response
to pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times.
Table III.1--Comparison of Multi-Speed DPPP and Multi-Speed DPPP Motor
Definitions
------------------------------------------------------------------------
Multi-speed DPPP motor definition in UL Multi-speed DPPP definition at
1004-10:2020 10 CFR 431.462
------------------------------------------------------------------------
Allows for the motor to be provided Does not allow for the pump to
without an on-board pool pump motor be provided without an on-
control that meets certain defined board pool pump motor control
criteria, but includes a condition that meets certain defined
that the motor is ``unable to operate criteria.
without the presence of'' such an on-
board pool pump control.
Uses the phrase ``provided'' with Uses the phrase ``distributed
respect to the on-board pool pump in commerce'' with respect to
control. the on-board pool pump
control.
Specifies that a multi-speed DPPP motor Does not specify any exclusion
is not a variable-speed DPPP motor. of variable-speed DPPP.
------------------------------------------------------------------------
To align the multi-speed dedicated-purpose pool pump definition at
10 CFR 431.62 with the multi-speed dedicated-purpose pool pump motor
definition in UL 1004-10:2020, DOE is proposing to amend the definition
of multi-speed dedicated-purpose pool pump at 10 CFR 431.62 as follows:
(1) explicitly allow for the pump to be distributed in commerce without
an onboard pool pump control that meets the currently defined criteria,
but include a condition that the pump is unable to operate without such
an on-board pool pump motor control; and (2) explicitly specify that a
multi-speed dedicated-purpose pool pump is not a variable-speed
dedicated purpose pool pump. DOE has tentatively determined that these
additions would further clarify the definition but would not be
substantive changes (i.e., would not change the scope of products
currently on the market that meet this definition). DOE is also
proposing to maintain the phrase ``distributed in commerce'' since
``distributed in commerce'' is more precise and better aligns with
DOE's broader regulatory definitions and statutory language in EPCA
than the phrase ``provided''.
Similarly, the definition of variable-speed dedicated-purpose pool
pump motor in UL 1004-10:2002 contains notable differences compared to
the definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.462.\39\ Table III.2 summarizes the differences between these
definitions.
---------------------------------------------------------------------------
\39\ Variable-speed dedicated-purpose pool pump is defined as a
dedicated-purpose pool pump that is capable of operating at a
variety of user-determined speeds, where all the speeds are
separated by at most 100 rpm increments over the operating range and
the lowest operating speed is less than or equal to one-third of the
maximum operating speed and greater than zero. Such a pump must
include a variable speed drive and be distributed in commerce
either: (1) with a user interface that changes the speed in response
to pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times; or (2) without a
user interface that changes the speed in response to pre-programmed
user preferences and allows the user to select the duration of each
speed and/or the on/off times, but is unable to operate without the
presence of a user interface.
Table III.2--Variable-Speed DPPP and DPPP Motor Definitions
------------------------------------------------------------------------
Variable-speed DPPP motor definition in Variable-speed DPPP definition
UL 1004-10:2020 at 10 CFR 431.462
------------------------------------------------------------------------
Specifies the capability of operating Specifies the capability of
at ``four or more discrete user- or operating at ``a variety of
pre-determined operating speeds.''. user-determined speeds.''
Does not contain any specifications Requires that all the speeds
regarding the separation of speeds. are separated by at most 100
rpm increments over the
operating range.
Requires that one of the operating Requires that the lowest
speeds is the maximum operating speed operating speed is less than
and at least: (1) One of the operating or equal to one-third of the
speeds is 75% to 85% of the maximum maximum operating speed and
operating speed; (2) One of the greater than zero.
operating speeds is 45% to 55% of the
maximum operating speed; and (3) One
of the operating speeds is less than
or equal to 40% of the maximum
operating speed and greater than zero.
Uses the phrase ``provided'' with Uses the phrase ``distributed
respect to the user interface. in commerce'' with respect to
the user interface.
Requires that the motor without a No such specification regarding
variable speed drive, and with or motor without variable speed
without a user interface, must be drive.
unable to operate without the presence
of a variable speed drive.
Requires that any high-speed override No such specification regarding
capability shall be for a temporary high-speed override
period not to exceed one 24-hour cycle capability.
without resetting to default settings
or resuming normal operating according
to pre-programmed user preferences.
[[Page 74034]]
Includes the following requirements No such requirements regarding
regarding the daily run time schedule: daily run time schedule.
(1) Any factory default setting for
daily run time shall not include more
hours at an operating speed above 55%
of maximum operating speed than the
hours at or below 55% of maximum
operating speed; (2) If a motor is not
provided with a factory default
setting for daily run time schedule,
the default operating speed after any
priming cycle as defined in 10 CFR,
Part 431, Subpart Y, (if applicable)
shall be no greater than 55% of the
maximum operating speed.
------------------------------------------------------------------------
To align the variable-speed dedicated-purpose pool pump definition
at 10 CFR 431.62 with the variable-speed dedicated-purpose pool pump
motor definition in UL 1004-10:2020, DOE is proposing to amend the
definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.62 as follows: (1) require the pump to be capable of operating at 4
or more speeds instead of ``a variety of'' speeds; (2) remove the
specification that the speeds be no more than 100 RPM increments apart;
(3) replace the specification that the lowest speed be one-third of the
maximum operating speed with the speed requirements specified in the UL
1004-10:2020 definition; (4) maintain the phrase ``distributed in
commerce'' rather than ``provided'', for the reasons previously
described; (5) specify that with or without a user interface, the pump
cannot operate without the variable speed drive; (6) add specifications
regarding high-speed override capability consistent with the
specifications provided in the UL 1004-10:2020 definition; and (7) add
specifications regarding daily run time schedule consistent with the
specifications provided in the UL 1004-10:2020 definition.
These amendments to the definition of variable-speed dedicate-
purpose pool pump could change whether a DPPP is classified as being
multi-speed or variable speed. However, because the DPPP test procedure
for multi-speed and variable-speed dedicated-purpose pool pumps is the
same, DOE has tentatively determined this would not result in any
changes to measured values. In summary, DOE is proposing to amend the
definition of variable-speed dedicated-purpose pool pump at 10 CFR
431.62 to align with the definition of variable-speed dedicated-purpose
pool pump motor in UL 1004-10. This amendment would ensure that both
the motor and the pump itself are categorized as variable-speed based
on the same set of criteria.
DOE requests comments on whether any DPPPs currently on the market
that meet the existing definition of variable-speed dedicated-purpose
pool pump but that would not meet the proposed amended definition. DOE
requests comment on whether the proposed amendments would change how
any specific DPPP models are currently tested, and if so, how. In
particular, DOE also requests comment on the necessity of including
specifications related to high-speed override capability and daily run
time schedule in the variable-speed dedicated-purpose pool pump
definition.
Additionally, the terms ``designed and marketed'' \40\ and
``dedicated-purpose pool pump motor total horsepower'' \41\ are defined
in both UL 1004-10:2020 and 10 CFR 431.462. The term ``designed and
marketed'' is defined and used in the definition of pressure cleaner
booster pump in 10 CFR 431.462, which is not defined in UL 1004-
10:2020. Hence, DOE has tentatively determined that there is no
conflict that requires amendment of the definition for designed and
marketed. The definition of dedicated-purpose pool pump motor total
horsepower in UL 1004-10:2020 specifies that total horsepower be
``calculated in accordance with the method provided in Section E.3.4 of
appendix C of 10 CFR part 431, subpart Y, Pumps.'' This instruction is
consistent with the requirements of the current DOE test procedure.\42\
Therefore, to provide further consistency between UL 1004-10:2020 and
DOE's test procedure, DOE proposes to specify in the definition of
dedicated-purpose pool pump motor total horsepower in 10 CFR 431.462
that total horsepower is calculated in accordance with the method
provided in section E.3.4 of DOE's DPPP test procedure.
---------------------------------------------------------------------------
\40\ ``Designed and marketed'' means that the equipment is
designed to fulfill the indicated application and, when distributed
in commerce, is designated and marketed for that application, with
the designation on the packaging and any publicly available
documents (e.g., product literature, catalogs, and packaging
labels). 10 CFR 431.462.
\41\ Dedicated-purpose pool pump motor total horsepower means
the product of the dedicated-purpose pool pump nominal motor
horsepower and the dedicated-purpose pool pump service factor of a
motor used on a dedicated-purpose pool pump based on the maximum
continuous duty motor power output rating allowable for the motor's
nameplate ambient rating and insulation class. (Dedicated-purpose
pool pump motor total horsepower is also referred to in the industry
as service factor horsepower or motor capacity.) 10 CFR 431.462.
\42\ Section E.3.4 of appendix C specifies determining the
dedicated-purpose pool pump motor total horsepower according to
section E.3.4.1 of appendix C for dedicated-purpose pool pumps with
single-phase AC motors or DC motors and section E.3.4.2 of appendix
C for dedicated-purpose pool pumps with polyphase AC motors.
---------------------------------------------------------------------------
UL 1004-10:2020 also defines the terms ``drive'' \43\ and ``maximum
operating speed''.\44\ In 10 CFR 431.462, the term ``drive'' is used as
part of the term ``variable speed drive,'' but is not defined
separately. Similarly, the term ``maximum operating speed'' is used
within the definitions of two-speed dedicated-purpose pool pump,
variable-speed dedicated-purpose pool pump, and multi-speed dedicated-
purpose pool pump in 10 CFR 431.462, but is not separately defined. To
improve the comprehensiveness of the definitions in 10 CFR 431.462 and
to further align with UL 1004-10:2020, DOE is proposing to add
definitions for the terms ``drive'' and ``maximum operating speed''
consistent with how these terms are defined in UL 1004-10:2020.
---------------------------------------------------------------------------
\43\ Drive is defined in UL 1004-10:2020 as a power converter,
such as a variable-speed drive or phase-converter.
\44\ Maximum operating speed is defined in UL 1004-10:2020 as
the rated full-load speed of a motor powered by a 60 Hz alternating
current (AC) source.
---------------------------------------------------------------------------
UL 1004-10:2020 also defines the following terms that are not
defined at 10 CFR 431.462: ``capacitor-start,'' ``induction-run,''
``designed and/or marketed,'' ``factory default setting,'' and ``split
phase.'' These terms are not used in the DPPP test procedure.
Therefore, DOE has tentatively determined that there is no need to
include them at 10 CFR 431.462 for DPPPs.
DOE requests comment on its proposed amendments to definitions in
10 CFR 431.462 for rigid electric spa pumps, multi-speed dedicated-
purpose pool pump, variable-speed dedicated-
[[Page 74035]]
purpose pool pump, and dedicated-purpose pool pump motor total
horsepower. DOE requests comment on its proposal to add definitions in
10 CFR 431.462 for drive and maximum operating speed. DOE requests
comment whether the proposed amendments would change how DPPP models
are currently tested, and if so, how.
2. Integral Filters
DOE defines two types of DPPPs, integral cartridge-filter pool pump
\45\ and integral sand-filter pool pump,\46\ as pool pumps for which
the filter cannot be bypassed. 10 CFR 431.462. These two definitions
depend on the defined term ``integral'' \47\ and also on the currently
undefined term ``bypassed.'' The definitions of these pump varieties do
not explicitly provide whether removing the filtration media
constitutes bypassing the filter. In the January 2022 TP RFI, DOE
requested comment on whether it should define the term ``bypass'' and
whether it should provide additional detail for the definition of the
term ``integral.'' 87 FR 3457, 3459.
---------------------------------------------------------------------------
\45\ Integral cartridge-filter pool pump means a pump that
requires a removable cartridge filter, installed on the suction side
of the pump, for operation; and the cartridge filter cannot be
bypassed.
\46\ Integral sand-filter pool pump means a pump distributed in
commerce with a sand filter that cannot be bypassed.
\47\ Integral means a part of the device that cannot be removed
without compromising the device's function or destroying the
physical integrity of the unit. 10 CFR 431.462.
---------------------------------------------------------------------------
The PHTA commented that the term ``integral'' was specified for
pumps in which the filtration apparatus cannot be bypassed so that only
the motor efficiency can be isolated for testing. (PHTA, No. 6, p. 13)
The PHTA added that based on industry experience, use of the term
``bypass'' in the definition of integral is easy to understand and labs
do not have an issue in determining whether a motor can be bypassed
from the filtration medium for testing. (PHTA, No. 6, p. 13)
Considering this comment from PHTA, DOE has tentatively determined
that the definitions of integral, integral cartridge-filter pool pump,
and integral sand-filter pool pump are sufficient in identifying
whether a pool pump constitutes an integral cartridge-filter pool pump
or integral sand-filter pool pump, and that defining the term
``bypassed'' or any other associated terminology is not necessary.
DOE requests comments on its tentative determination that
amendments to the definitions of integral, integral cartridge-filter
pool pump, and integral sand-filter pool pump are not necessary, and
that a new definition for the term ``bypassed'' is not necessary.
3. Pool Pump Timers
The energy conservation standards for integral cartridge-filter
pool pumps and integral sand-filter pool pumps at 10 CFR 431.465
require that each pump that is manufactured starting on July 19, 2021
must be distributed in commerce with a pool pump timer that is either
integral to the pump or a separate component shipped with the pump. 10
CFR 431.465(g). The term ``pool pump timer'' is defined as a pool pump
control that automatically turns off a DPPP after a run-time of no
longer than 10 hours. 10 CFR 431.462.
In the January 2022 TP RFI, DOE requested comment on whether it
should provide additional detail in the definitions of pool pump timers
and integral filter housings regarding the requirements of the pool
pump timer. 87 FR 3457, 3459. The PHTA commented that the definition of
``pool pump timer'' could be further clarified to specify that it only
applies to integral cartridge filter pumps and integral sand filter
pumps. (PHTA, No. 6, p. 12)
The term ``pool pump timer,'' aside from being defined in 10 CFR
431.462, is referenced by DOE only at 10 CFR 431.465(g). As described,
the design requirements specified at 10 CFR 431.465(g) pertain only to
integral cartridge filter pool pumps and integral sand filter pool
pumps. Although the term is only used by DOE in reference to integral
cartridge filter pool pumps and integral sand filter pool pumps, DOE
has tentatively concluded that it is not necessary to limit the
definition of pool pump timer to only these two types of DPPPs.
Therefore, DOE has tentatively determined that further clarification of
the definition of pool pump timer is not needed
D. Test Method for Pressure Cleaner Booster Pumps
The current DOE test procedure requires testing pressure cleaner
booster pumps at one load point specified for a flow of 10.0 gpm, a
head of greater than or equal to 60 feet, and the lowest speed capable
of meeting the specified flow and head values. (See Table 1 of appendix
C.)
The CA IOUs commented in response to the January 2022 TP RFI that
DOE should specify a low-flow and high-flow operating test point for
the pressure cleaner booster pumps to account for installations where
the pump is easily able to overcome the head pressure to support the
pressure cleaner. The CA IOUs commented that this method would enable
DOE to consider more representative field operation of these products
when estimating national impact savings. The CA IOUs further commented
that a study it previously presented to DOE \48\ had reported that
pressure cleaner booster pumps require 8 or less gpm between 32 to 51
feet of head, meaning DOE's test point at 60 feet of head would be
higher than needed for some installations. The CA IOUs stated that
pressure cleaners use a relief/bypass valve to reduce the cleaner wheel
operating speed to the desired conditions (i.e., 30 RPM) and,
therefore, the additional energy to the unit is not providing consumer
amenity. The CA IOUs also provided an example of an instrumented pool
that has a measured total system head of 13 feet at a filtration flow
rate of 31.7 gpm and noted that the DOE test procedure assumes pressure
cleaner booster pump head requirements will not be below 60 feet. (CA
IOUs, No. 10, p. 4-5)
---------------------------------------------------------------------------
\48\ www.regulations.gov/document/EERE-2015-BT-STD-0008-0061.
---------------------------------------------------------------------------
DOE notes that the DPPP Working Group when providing their 2015
recommendations for the DPPPs test procedure had recommended a single,
fixed load point of 90 feet of head at maximum speed for pressure
cleaner booster pumps because any given pressure-side pool cleaner
application is typically a single, fixed load point. (Docket No. EERE-
2015-BT-STD-0008, No. 51, Recommendations #6); 81 FR 64580, 64611. This
test point was proposed as sufficiently representative of typical
cleaner booster pump operation and achievable by the models available
at that time, but the DPPP Working Group noted field conditions were
variable and operating conditions would depend on application of the
pump. 81 FR 64580, 64611. In discussions with the DPPP Working Group,
the CA IOUs had also presented data supporting the potential for
variable-speed pressure cleaner booster pumps to reduce speed and
provide the requisite flow rate and cleaner operating speed at lower
head values. (Docket No. EERE-2015-BT-STD-0008, CA IOUs, No. 69); 81 FR
64580, 64611-64612. To better capture the potential for variable
performance of pressure cleaner booster pumps, including variable speed
pressure cleaner booster pumps, the DPPP Working Group revised its
original recommendation for testing at a fixed head of 90 feet, instead
suggesting in their June 2016 recommendations testing at a single load
point of 10 gpm at the minimum speed that results in a head value at or
above 60 feet, which was identified as the minimum optimum pool design.
(Docket No.
[[Page 74036]]
2015-BT-STD-0008, No. 82, Recommendation #8 at p. 4-5) DOE agreed with
this recommendation but proposed in the 2016 TP NOPR to more precisely
specify the load point as a flow rate of 10.0 gpm and a head value at
or above 60.0 feet. 81 FR 64580, 64612. In the August 2017 TP Final
Rule, DOE stated that the DPPP Working Group had noted that the
suction-side pressure cleaner apparatus typically recommends a specific
flow rate that allows the equipment to operate correctly and had
accordingly selected 10 gpm. 82 FR 36858, 36885-36886. Further, once
that flow and head value are achieved, the pressure cleaner booster
pumps will operate at only that one load point. Id.
The CA IOUs have not presented significant information that was not
considered by the DPPP Working Group, other than a measurement from a
single instrumented pool, that indicates that some pools may have a
head below 60 feet. The current test point of 10 gpm at 60 feet or
above was selected after considering the CA IOUs' study, which measured
variable speed pump operation at 54 feet of head in a pool which was
noted to have the optimum 1.5 inch piping and minimum hose length.\49\
In discussing that study, the CA IOUs also reported that the curves for
the pressure cleaners (of which there were only three) showed a
requirement of 8 or less gpm between 32 to 51 feet of head but ignore
the pipe in between.\50\ DOE has not identified or been provided with
any new technical justification for allowing testing of pressure
cleaner booster pumps below 60 feet of head, or for determining that 10
gpm is not a reasonable minimum flow rate. The current test method
allows for potential variable-speed pressure cleaner booster pumps to
operate at lower speed and lower head value than a single speed pump
while still providing the necessary 10 gpm. Therefore, DOE has
tentatively determined not to amend the test method for pressure
cleaner booster pumps. DOE also notes that it is typical for an energy
use analysis to account for a variety of installations other than that
which the test procedure identifies as representative; as such, the DOE
test procedure both allows differentiation in WEF for variable speed
pressure cleaner booster pumps and does not limit any potential related
energy conservation standards analysis.
---------------------------------------------------------------------------
\49\ Docket No. EERE-2015-BT-STD-0008, No. 100, p. 187-188.
\50\ Id.
---------------------------------------------------------------------------
DOE requests comments on its tentative determination not to amend
the test method for pressure cleaner booster pumps, and specifically
any additional field data indicating appropriate head and flow values
for testing these pumps.
E. Removing Appendix B
As discussed, DOE's energy conservation standards are based on the
WEF metric. However, as discussed in the 2017 rulemaking, the DPPP
Working Group noted the importance of the energy factor (``EF'') metric
in making product selections for specific applications or making energy
saving calculations in support of utility programs. 82 FR 36858, 36895.
To prevent confusion by allowing EF as an optional alternative metric,
DOE established both appendix B, which specified test procedures for
determining both EF and WEF, and appendix C which specified test
procedures only for determining WEF. DOE required manufacturers to make
representations with respect to energy use or efficiency of DPPPs based
on appendix B between February 5, 2018 and July 19, 2021. DOE also
specified that any optional representations of EF must be accompanied
by a representation of WEF. 82 FR 36858, 36896. DOE then required that
any representations made on or after July 19, 2021 with respect to the
energy use or efficiency of dedicated-purpose pool pumps subject to
testing pursuant to 10 CFR 431.464(b) be made in accordance with the
results of testing pursuant to appendix C, which specifies test
procedures only for the WEF metric. Id.
As a result of the time limit applicable to appendix B,
representations of EF are no longer relevant to DPPPs. Therefore, DOE
proposes to remove appendix B as obsolete and to rename the current
appendix C as appendix B. As such, updates proposed in this NOPR that
apply to the current appendix C would be implemented as new appendix B.
F. Reporting
Manufacturers, including importers, must use product-specific
certification templates to certify compliance to DOE. For DPPPs, the
certification template reflects the general certification requirements
specified at 10 CFR 429.12 and the product-specific requirements
specified at 10 CFR 429.59. DOE is not proposing to amend the product-
specific certification requirements for these products.
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
DPPPs by (1) codifying DOE's current enforcement policy pertaining to
DPPPs that cannot be appropriately tested by the DOE test procedure;
(2) updating references to industry test standards to reflect current
industry practices; (3) aligning DOE's DPPP definitions with DOE's
corresponding DPPP motor definitions; and (4) removing the current test
procedure at appendix B, which is obsolete. DOE has tentatively
determined that these proposed amendments would not impact testing
costs.
DOE is proposing to update the currently referenced 2014 version of
HI 40.6-2014 to the 2021 version and the currently referenced 2015
version of NSF/ANSI 50 to the 2020 version. As discussed in section
III.B of this NOPR, DOE has determined that updates to the latest
versions of these industry standards will not change measured values.
DOE is proposing to remove the current appendix B, which provides
instruction on calculating EF, a metric that is not required by DOE
standards or certification (see section I.A of this NOPR). Hence, this
change will not have any impact on measured values of WEF, the
currently required metric.
Finally, DOE is proposing to align the DOE's DPPP definitions with
DOE's DPPP motor definition (see section III.C.1 of this NOPR). As
discussed, DOE has tentatively concluded that these proposed amendments
to definitions will not impact how manufacturers are currently testing
DPPPs.
In summary, DOE has tentatively determined that the proposed
amendments would not impact the representations of DPPPs energy
efficiency or energy use. DOE has tentatively determined that
manufacturers would be able to rely on data generated under the current
test procedure, should the proposed amendments be finalized. As such,
DOE does not expect retesting of DPPPs would be required solely as a
result of DOE's adoption of the proposed amendments to the test
procedure.
DOE requests comment on the impact and associated costs of the
proposed amendments in this NOPR.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology
[[Page 74037]]
would be unduly burdensome to conduct or would not produce test results
that reflect the energy efficiency, energy use, water use (as specified
in EPCA), or estimated operating costs of that product during a
representative average use cycle. 10 CFR 431.4; Section 8(c) of
appendix A of 10 CFR part 430 subpart C. In cases where the industry
standard does not meet EPCA statutory criteria for test procedures, DOE
will make modifications through the rulemaking process to these
standards as the DOE test procedure.
The test procedures for DPPPs at 10 CFR 431.464(b) and appendix C
to subpart Y of part 431 incorporates by reference HI 40.6-2014, which
specifies the test conditions and methods for testing the efficiency of
pumps, and NSF/ANSI 50-2015, which specifies how to determine the self-
priming capability of a pump--information needed to ensure the
appropriate test procedure is used for DPPP self-priming and non-self-
priming pumps. DOE is proposing to update HI 40.6-2014 to its latest
2021 version and NSF/ANSI 50-2015 to its latest 2020 NSF/ANSI/CAN 50
version. The industry standards DOE proposes to incorporate by
reference via amendments described in this proposed rule are discussed
in further detail in section IV.M.
DOE requests comments on the benefits and burdens of the proposed
updates and additions to industry standards referenced in the test
procedure for DPPPs.
H. Compliance Date
EPCA prescribes that if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6314(d)(1)) If DOE were to publish an amended test
procedure, EPCA provides an allowance for individual manufacturers to
petition DOE for an extension of the 180-day period if the manufacturer
may experience undue hardship in meeting the deadline. (42 U.S.C.
6314(d)(2)) To receive such an extension, petitions must be filed with
DOE no later than 60 days before the end of the 180-day period and must
detail how the manufacturer will experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this proposed regulatory action
is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: www.energy.gov/gc/office-general-counsel.
DOE notes that the Regulatory Flexibility Act requires analysis of,
in particular, ``small entities'' that might be affected by the rule.
For the DPPP manufacturing industry, the Small Business Administration
(``SBA'') has set a size threshold, which defines those entities
classified as ``small businesses'' for the purpose of the statute. DOE
used the SBA's size standards to determine whether any small entities
would be required to comply with the rule. The size standards are
codified at 13 CFR part 121. The standards are listed by North American
Industry Classification System (``NAICS'') code and industry
description and are available at www.sba.gov/document/support-table-size-standards.
DPPP manufacturers are classified under NAICS 333914, ``Measuring,
Dispensing, and Other Pumping Equipment Manufacturing.'' The SBA sets a
threshold of 750 employees or less for an entity to be considered as a
small business for this category. To determine the number of DPPP
manufacturers that are small businesses and might be differentially
affected by the rule, DOE reviewed these data to determine whether the
entities met the SBA's definition of a small business manufacturer of
DPPPs and then screened out companies that do not offer equipment
covered by this rulemaking, do not meet the definition of a ``small
business,'' are foreign-owned and operated, or are owned by another
company.
DOE conducted a focused inquiry into small business manufacturers
of the DPPPs covered by this rulemaking. DOE used available public
information to identify potential small manufacturers.
[[Page 74038]]
DOE accessed the Compliance Certification Database,\51\ California
Energy Commission's certification database,\52\ and ENERGY STAR's
product database \53\ to create a list of companies that import or
otherwise manufacture the DPPPs covered by this proposal. DOE
identified a total of 32 companies that manufacturer or sell DPPPs
covered by this proposal in the United States. Of these companies, 15
are original equipment manufacturers (``OEMs'') that manufacturer these
covered products; the other 17 companies are re-branders or private
labelers that are not OEMs and out-source the production of the DPPPs
they sell to other manufacturers. Of the 15 OEMs, 3 meet SBA's
definition of a small business.
---------------------------------------------------------------------------
\51\ U.S. Department of Energy Compliance Certification
Database, available at: www.regulations.doe.gov/certification-data.
\52\ California Energy Commission's Modernized Appliance
Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx.
\53\ ENERGY STAR's product database, available at:
www.energystar.gov/products/pool_pumps.
---------------------------------------------------------------------------
As discussed in section III.G.1 of this NOPR, DOE tentatively
determined that the proposed amendments would not impact
representations of DPPP energy efficiency or energy use and that DPPP
manufacturers would be able to rely on data generated under the current
test procedure, should the proposed amendments be finalized. Based on
this initial determination, DOE tentatively determines that no DPPP
manufacturers, including those that meet SBA's definition of a small
business, would incur any additional costs due solely to this proposed
test procedure, if finalized. Therefore, DOE initially concludes that
the impacts of the proposed test procedure amendments proposed in this
NOPR would not have a ``significant economic impact on a substantial
number of small entities,'' and that the preparation of an IRFA is not
warranted. DOE will transmit the certification and supporting statement
of factual basis to the Chief Counsel for Advocacy of the Small
Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of DPPPs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including DPPPs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not proposing to amend the certification or reporting
requirements for DPPP in this NOPR.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for DPPPs. DOE has determined that this rule
falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999),
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial, direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
[[Page 74039]]
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at energy.gov/gc/office-general-counsel. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note), provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of DPPPs is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for DPPPs would
incorporate testing methods contained in certain sections of the
following commercial standards: (1) HI 40.6-2021, ``Hydraulic Institute
Standard for Methods for Rotodynamic Pump Efficiency Testing'' and (2)
NSF/ANSI/CAN 50--2020, ``Equipment and Chemicals for Swimming Pools,
Spas, Hot Tubs, and Other Recreational Water Facilities.''
DOE has evaluated these standards and is unable to conclude whether
they fully comply with the requirements of section 32(b) of the FEAA
(i.e., whether it was developed in a manner that fully provides for
public participation, comment, and review). DOE will consult with both
the Attorney General and the Chairman of the FTC concerning the impact
of these test procedures on competition prior to prescribing a final
rule.
M. Description of Materials Incorporated by Reference
HI 40.6-2021 is an industry-accepted test standard that provides
test conditions and methods for measuring the efficiency of pumps. The
test procedure proposed in this NOPR references various sections of HI
40.6-2021 that address test conditions and methods. This test standard
is reasonably available from the Hydraulic Institute (www.pumps.org).
NSF/ANSI/CAN 50-2020 is an industry-accepted test standard that
provides test methods for determining self-priming capabilities of
pumps. The
[[Page 74040]]
test procedure proposed in this NOPR references various sections of HI
40.6-2021 that address test conditions and methods. This test standard
is reasonably available from the NSF Bookstore (www.techstreet.com/nsf), ANSI (www.ansi.org) or the Standards Council of Canada
(www.scc.ca/en/welcome-standards-store).
CSA C747-2019 is an industry-accepted test standard that provides
test methods for measuring the efficiency of small motors. The test
procedure proposed in this NOPR references various sections of CSA
C747-2019 that address test conditions and methods. This test standard
is reasonably available from ANSI (www.ansi.org) or CSA Group
(www.csagroup.org).
The following standards were previously approved for incorporation
by reference in the locations where they appear in the regulatory text:
IEEE 114-2010, and IEEE 113-1985. The following standard was previously
approved for incorporation by reference in a location which is being
redesignated: HI 41.5-2022.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=67. Participants are responsible for ensuring
their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rule, or who is representative of a group or class of persons
that has an interest in these issues, may request an opportunity to
make an oral presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this proposed rulemaking and the topics
they wish to discuss. Such persons should also provide a daytime
telephone number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. anti-trust laws. After the webinar
and until the end of the comment period, interested parties may submit
further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in this
proposed rulemaking, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this proposed rulemaking. Each participant will be
allowed to make a general statement (within time limits determined by
DOE) before the discussion of specific topics. DOE will allow, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this rulemaking. The
official conducting the webinar/public meeting will accept additional
comments or questions from those attending, as time permits. The
presiding official will announce any further procedural rules or
modification of the above procedures that may be needed for the proper
conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this proposed rule. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule.\54\ Interested parties may submit comments, data, and other
information using any of the methods described in the ADDRESSES section
at the beginning of this document.
---------------------------------------------------------------------------
\54\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. Consequently, DOE now provides a
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be
[[Page 74041]]
included in your comment, nor in any document attached to your comment.
Otherwise, persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
of encryption and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs with hydraulic output power
greater than 2.5 hhp. DOE also requests data that would allow it to
develop such a test procedure if it was determined to be warranted,
including distribution of commercial pool sizes and piping,
distribution of head and flow requirements across applications in
consideration of current health and safety codes, and distribution of
single speed and variable speed installations.
(2) DOE requests comment on its preliminary determination not to
propose a test procedure specific to DPPPs currently subject to the
DPPP Enforcement Policy. DOE also requests data related to the
applications these DPPPs serve including pool size, piping size, and
minimum head and flow requirements. DOE also requests any data and
information related to development of a curve E, as well data
indicating how such a curve was determined (or could be determined) to
be representative of this set of pumps. DOE further requests comment on
its proposal to amend the Scope section of the test procedure to
explicitly exclude such pumps from the scope of the test procedure.
(3) DOE requests comments on the proposal to incorporate by
reference HI 40.6-2021, NSF/ANSI/CAN 50-2020, and CSA C747-2019 for
appendix C.
(4) DOE requests comment on its proposed revision to the definition
of rigid electric spa pump, particularly with regard to whether the
language regarding C-flange or square flange mounting would change the
scope of pumps captured by the definition.
(5) DOE requests comments on whether any DPPPs currently on the
market that meet the existing definition of variable-speed dedicated-
purpose pool pump but that would not meet the proposed amended
definition. DOE requests comment on whether the proposed amendments
would change how any specific DPPP models are currently tested, and if
so, how. In particular, DOE also requests comment on the necessity of
including specifications related to high-speed override capability and
daily run time schedule in the variable-speed dedicated-purpose pool
pump definition.
(6) DOE requests comment on its proposed amendments to definitions
in 10 CFR 431.462 for rigid electric spa pumps, multi-speed dedicated-
purpose pool pump, variable-speed dedicated-purpose pool pump, and
dedicated-purpose pool pump motor total horsepower. DOE requests
comment on its proposal to add definitions in 10 CFR 431.462 for drive
and maximum operating speed. DOE requests comment whether the proposed
amendments would change how DPPP models are currently tested, and if
so, how.
(7) DOE requests comments on its tentative determination that
amendments to the definitions of integral, integral cartridge-filter
pool pump, and integral sand-filter pool pump are not necessary, and
that a new definition for the term ``bypassed'' is not necessary.
(8) DOE requests comments on its tentative determination not to
amend the test method for pressure cleaner booster pumps, and
specifically any additional field data indicating appropriate head and
flow values for testing these pumps.
(9) DOE requests comment on the impact and associated costs of the
proposed amendments in this NOPR.
(10) DOE requests comments on the benefits and burdens of the
proposed updates and additions to industry
[[Page 74042]]
standards referenced in the test procedure for DPPPs.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this rulemaking that may not specifically be identified in
this document.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Incorporation
by reference, Reporting and recordkeeping requirements.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on October 28,
2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 2, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 431 of Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
* * * * *
0
2. Amend Sec. 429.4 by revising paragraph (d)(1) to read as follows:
Sec. 429.4 Materials incorporated by reference.
* * * * *
(d) * * *
(1) HI 40.6-2021, Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR
approved for Sec. 429.134.
* * * * *
0
3. Amend Sec. 429.134 by:
0
a. Removing in paragraph (i)(2)(iv)(A)(1), the text ``HI 40.6-2014-B'',
wherever it appears, and adding, in its place, the text, ``HI 40.6-
2021'';
0
b. Removing in paragraph (i)(2)(iv)(A)(2), the text ``HI 40.6-2014-B'',
wherever it appears, and adding, in its place, the text, ``HI 40.6-
2021''; and
0
c. Adding paragraph (i)(2)(v).
The addition reads as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(i) * * *
(2) * * *
(v) To verify the flow rate of a DPPP model at 50 feet of head, the
flow rate in gallons per minute (gpm) at 50 feet of head will be
determined pursuant to Section 40.6.5.5.1, ``Test procedure'' and
Section 40.6.6.3, ``Performance curve'' of HI 40.6-2021 (incorporated
by reference, see Sec. 429.4). In cases where the flow rate of 50 feet
of head cannot be directly determined due to the entirety of the
performance curve (out to the model's maximum flow rate of greater than
or equal to 200 gpm) exceeding 50 feet of head, DOE will determine that
the DPPP model has a flow rate of greater than or equal to 200 gpm at
50 feet of head. DOE will use the mean of the determined flow rate at
50 feet of head (either the determined flow rate for a single unit
sample or the average of the determined flow rates for a multiple unit
sample) to determine the applicable standard level, if any, for
purposes of compliance.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
4. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
5. Amend Sec. 431.462 by:
0
a. Revising the definition for ``Dedicated-purpose pool pump motor
total horsepower'';
0
b. Adding in alphabetical order the definition for ``Drive,'' and
``Maximum operating speed''; and
0
c. Revising the definitions for ``Multi-speed dedicated-purpose pool
pump,'' ``Rigid electric spa pump,'' and ``Variable-speed dedicated-
purpose pool pump.''
The revisions and additions read as follows:
Sec. 431.462 Definitions.
* * * * *
Dedicated-purpose pool pump motor total horsepower means the
product of the dedicated-purpose pool pump nominal motor horsepower and
the dedicated-purpose pool pump service factor of a motor used on a
dedicated-purpose pool pump based on the maximum continuous duty motor
power output rating allowable for the motor's nameplate ambient rating
and insulation class and calculated in accordance with the method
provided in section E.3.4 of appendix B to subpart Y of this part.
(Dedicated-purpose pool pump motor total horsepower is also referred to
in the industry as service factor horsepower or motor capacity.)
* * * * *
Drive is a power converter, such as a variable-speed drive or
phase-converter.
* * * * *
Maximum operating speed is the rated full-load speed of a motor
powered by a 60 Hz alternating current (AC) source.
* * * * *
Multi-speed dedicated-purpose pool pump means a dedicated-purpose
pool pump that is not a variable-speed dedicated-purpose pool pump as
defined in this section and that is capable of operating at more than
two discrete, pre-determined operating speeds separated by speed
increments greater than 100 rpm, where the lowest speed is less than or
equal to half of the maximum operating speed and greater than zero, and
must be distributed in commerce either:
(1) With an on-board pool pump control (i.e., variable speed drive
and user interface or programmable switch) that changes the speed in
response to
[[Page 74043]]
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times; or
(2) Without an onboard pool pump control (i.e., variable speed
drive and user interface or programmable switch) that changes the speed
in response to pre-programmed user preferences and allows the user to
select the duration of each speed and/or the on/off times, but is
unable to operate without the presence of such pool pump control.
* * * * *
Rigid electric spa pump means an end suction pump that has a motor
that does not have a C-flange or square flange mounting, and that is
labeled, and designed and marketed for use only in rigid electric spas
and does not contain an integrated basket strainer or require a basket
strainer for operation as stated in manufacturer literature provided
with the pump, and that meets the following three criteria:
(1) Is assembled with four through bolts that hold the motor rear
endplate, rear bearing, rotor, front bearing, front endplate, and the
bare pump together as an integral unit;
(2) Is constructed with buttress threads at the inlet and discharge
of the bare pump; and
(3) Uses a casing or volute and connections constructed of a non-
metallic material.
* * * * *
Variable-speed dedicated-purpose pool pump means a dedicated-
purpose pool pump that:
(1) Is capable of operating at four or more discrete user- or pre-
determined operating speeds, where one of the operating speeds is the
maximum operating speed and at least:
(a) One of the operating speeds is 75% to 85% of the maximum
operating speed;
(b) One of the operating speeds is 45% to 55% of the maximum
operating speed; and
(c) One of the operating speeds is less than or equal to 40% of the
maximum operating speed and greater than zero.
(2) Includes a variable speed drive and is distributed in commerce
either:
(a) With a user interface that changes the speed in response to
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times;
(b) Without a user interface that changes the speed in response to
pre-programmed user preferences and allows the user to select the
duration of each speed and/or the on/off times, but is unable to
operate without the presence of a user interface; or
(3) With or without user interface, provided that the motor is
unable to operate without the presence of a variable speed drive, and
(3) Also meets the following requirements:
(a) Any high-speed override capability shall be for a temporary
period not to exceed one 24-hour cycle without resetting to default
settings or resuming normal operation according to pre-programmed user
preferences; and
(b) Daily run time schedule:
(i) Any factory default setting for daily run time schedule shall
not include more hours at an operating speed above 55% of maximum
operating speed than the hours at or below 55% of the maximum operating
speed;
(ii) If a motor is not provided with a factory default setting for
daily run time schedule, the default operating speed after any priming
cycle (if applicable) shall be no greater than 55% of the maximum
operating speed.
* * * * *
0
6. Amend Sec. 431.463 by:
0
a. Revising paragraph (b)(1);
0
b. Removing paragraph (d)(4);
0
c. Redesignating paragraphs (d)(5) and (6) as (d)(4) and (5),
respectively;
0
d. Revising newly redesignated paragraph (d)(4);
0
e. In newly redesignated paragraph (d)(5), removing the text ``appendix
D'' and adding in its place the text ``appendix C''; and
0
f. Revising paragraph (g)(1).
The revisions read as follows:
Sec. 431.463 Materials incorporated by reference.
* * * * *
(b) * * *
(1) CSA C747-2009 (Reaffirmed 2019), (``CSA C747-09 (R2019)''),
``Energy efficiency test methods for small motors,'' CSA reaffirmed
2019, IBR approved for appendix B to this subpart.
* * * * *
(d) * * *
(4) HI 40.6-2021, Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR
approved for 431.464 and appendices B and C to this subpart.
* * * * *
(g) * * *
(1) NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming
Pools, Spas, Hot Tubs, and Other Recreational Water Facilities,'' ANSI-
approved October 21, 2020; IBR approved for Sec. 431.462 and appendix
B to this subpart.
* * * * *
Sec. 431.462 [Amended]
0
7. In Sec. 431.462, amend the definitions for ``Non-self-priming pool
filter pump'' and ``Self-priming pool filter pump'' by removing the
text ``NSF/ANSI 50-2015'' and adding, in its place, the text ``NSF/
ANSI/CAN 50-2020''.
0
8. Amend Sec. 431.464 by revising paragraphs (b)(1)(iii), (b)(2), and
(c)(2) to read as follows:
Sec. 431.464 Test procedure for the measurement of energy efficiency,
energy consumption, and other performance factors of pumps.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(A) Submersible pumps;
(B) Self-priming and non-self-priming pool filter pumps with
hydraulic output power greater than or equal to 2.5 horsepower; and
(C) Dedicated purpose pools pumps that meet all of the following
three criteria:
(1) The orifice on the pump body that accepts suction side plumbing
connections has an inner diameter of greater than 2.85 inches;
(2) The pump has a measured performance of >=200 gallons per minute
(gpm) at 50 feet of head as determined in accordance with section
40.6.5.5.1, ``Test procedure'' and section 40.6.6.3, ``Performance
curve'' of HI 40.6-2021 (incorporated by reference, see Sec. 431.463);
and
(3) The pump is marketed exclusively for commercial applications.
(2) Testing and calculations. Determine the weighted energy factor
(WEF) using the test procedure set forth in appendix B of this subpart.
(c) * * *
(2) Testing and calculations. Determine the circulator energy index
(CEI) using the test procedure set forth in appendix C of this subpart
Y.
Appendix B to Subpart Y of Part 431 [Removed]
0
9. Appendix B to subpart Y of part 431 is removed.
Appendix C to Subpart Y of Part 431 [Redesignated as Appendix B]
0
10. Appendix C to Subpart Y of Part 431 is redesignated as ``Appendix B
to Subpart Y of Part 431'' and revised to read as follows:
Appendix B to Subpart Y of Part 431--Uniform Test Method for the
Measurement of Energy Efficiency of Dedicated-Purpose Pool Pumps
Note: Beginning [Date 180 days after date of publication in the
Federal Register], any representations made with respect to the
energy use or efficiency of dedicated-purpose pool pumps subject to
testing pursuant to 10 CFR 431.464(b)(2) must be made in
[[Page 74044]]
accordance with the results of testing pursuant to this appendix.
1.0 Incorporation by Reference
DOE incorporated by reference in Sec. 431.463, the entire
standard for: CSA C747-09 (R2019), HI 40.6-2021, IEEE 114-2010, IEEE
113-1985, and NSF/ANSI/CAN 50-2020; however, only enumerated
provisions of CSA C747-09 (R2019), HI 40.6-2021, IEEE 114-2010, IEEE
113-1985, and NSF/ANSI/CAN 50-2020 are applicable to this appendix,
as follows:
1.1 CSA C747-09 (R2019)
(a) Section 5 ``General test requirements'', and Section 6
``Test Method'' as referenced in sections 6.3.2.1.2 and 6.3.2.2.2 of
this appendix.
(b) [Reserved]
1.2 HI 40.6-2021
(a) Section 40.6.2 ``Terms and definitions, as referenced in
section 2.1 of this appendix.
Section 40.6.3 ``Pump efficiency testing'', as referenced in
sections 4.1, 5.1, and 7.1.4 of this appendix, including.
(i) Table 40.6.3.2.2 ``Permissible amplitude of fluctuation as a
percentage of mean values of quantity being measured at any test
point'' as referenced in sections 5.1 and 7.1.4 of this appendix.
(ii) Table 40.6.3.2.3 ``Maximum permissible measurement device
uncertainty'' as referenced in section 3.1 of this appendix.
(b) Section 40.6.4 ``Considerations when determining the
efficiency of certain pumps'',. as referenced in sections 2.1 and
4.1 of this appendix.
(c) Section 40.6.5.4 ``Test arrangements'' as referenced in
sections 2.1 and 4.1 of this appendix.
(d) Section 40.6.5.5 ``Test conditions'' as referenced in
sections 2.1, 4.1, and 5.2 of this appendix (e) Section 40.6.6.2
``Pump efficiency'' and Section 40.6.6.3 ``Performance curve'' as
referenced in section 2.1 of this appendix.
(f) Appendix A, ``Test arrangements (normative)'' as referenced
in section 4.1 of this appendix.
(g) Appendix C, ``Measurement equipment (normative)'' as
referenced in section 3.1 of this appendix.
(h) Appendix D, ``Suitable time periods for calibration of test
instruments (normative)'', including Table D.1, ``Default instrument
recalibration periods'' as referenced in section 3.2 of this
appendix.
(i) A.3.1.3.1 ``Correction for height difference'' as referenced
in section 7.1.2.1 of this appendix.
1.3 IEEE 114-2010
(a) Section 3.2 ``Test with load'', Section 4 ``Testing
facilities'', Section 5.2 ``Mechanical measurements'', Section 5.3
``Temperature measurements'', and Section 6 ``Tests'' as referenced
in section 6.3.2.1.1 of this appendix.
(b) [Reserved]
1.4 IEEE 113-1985
(a) Section 3.1 ``Instrument Selection Factors'', Section 3.4
``Power Measurement'', Section 3.5 ``Power Sources'', Section 4.1.2
``Ambient Air'', Section 4.1.4 ``Direction of Rotation'', Section
5.4.1 ``Reference Conditions'', and Section 5.4.3.2 ``Dynomometer or
Torquemeter Method'' as referenced in section 6.3.2.2.1 of this
appendix.
(b)
1.5 NSF/ANSI/CAN 50-2020
(a) Section N-3.3, ``Self-priming capability'' as referenced in
sections 7.1, 7.1.1, 7.1.4, and 7.1.5 of this appendix.
(b) [Reserved]
2.0 General
2.1 Test Method. To determine the weighted energy factor (WEF)
for dedicated-purpose pool pumps, perform ``wire-to-water'' testing
in accordance with HI 40.6-2021, except section 40.6.4.1,
``Vertically suspended pumps''; section 40.6.4.2, ``Submersible
pumps''; section 40.6.5.5, ``Test conditions''; section 40.6.5.5.2,
``Speed of rotation during test''; section 40.6.6.2, ``Pump
efficiency''; and section 40.6.6.3, ``Performance curve''; with the
modifications and additions as noted throughout the provisions
below. Do not use the test points specified in section 40.6.5.5.1,
``Test procedure'' of HI 40.6-2021 and instead use those test points
specified in section 5.3 of this appendix for the applicable
dedicated-purpose pool pump variety and speed configuration. When
determining overall efficiency, best efficiency point, or other
applicable pump energy performance information, section 40.6.5.5.1,
``Test procedure''; section 40.6.6.2, ``Pump efficiency''; and
section 40.6.6.3, ``Performance curve'' must be used, as applicable.
For the purposes of applying this appendix, the term ``volume per
unit time,'' as defined in Section 40.6.2, ``Terms and
definitions,'' of HI 40.6-2021 shall be deemed to be synonymous with
the term ``flow rate'' used throughout that standard and this
appendix.
2.2 Calculations and Rounding. All terms and quantities refer to
values determined in accordance with the procedures set forth in
this appendix for the rated pump. Perform all calculations using raw
measured values without rounding. Round WEF, maximum head, vertical
lift, and true priming time values to the tenths place (i.e., 0.1)
and rated hydraulic horsepower to the thousandths place (i.e.,
0.001). Round all other reported values to the hundredths place
unless otherwise specified.
3.0 Measurement Equipment
3.1 For the purposes of measuring flow rate, speed of rotation,
temperature, and pump power output, the equipment specified in HI
40.6-2021 Appendix C necessary to measure head, speed of rotation,
flow rate, and temperature must be used and must comply with the
stated accuracy requirements in HI 40.6-2021 Table 40.6.3.2.3,
except as specified in sections 3.1.1 and 3.1.2 of this appendix.
When more than one instrument is used to measure a given parameter,
the combined accuracy, calculated as the root sum of squares of
individual instrument accuracies, must meet the specified accuracy
requirements.
3.1.1 Electrical measurement equipment for determining the
driver power input to the motor or controls must be capable of
measuring true root mean squared (RMS) current, true RMS voltage,
and real power up to the 40th harmonic of fundamental supply source
frequency, and have a combined accuracy of 2.0 percent
of the measured value at the fundamental supply source frequency.
3.1.2 Instruments for measuring distance (e.g., height above the
reference plane or water level) must be accurate to and have a
resolution of at least 0.1 inch.
3.2 Calibration. Calibration requirements for instrumentation
are specified in Appendix D of HI 40.6-2021. Historical calibration
data may be used to justify time periods up to three times longer
than those specified in Table D.1 of HI 40.6-2021 provided the
supporting historical data shows maintenance of calibration of the
given instrument up to the selected extended calibration interval on
at least two unique occasions, based on the interval specified in HI
40.6-2021.
4.0 Test Conditions and Tolerances
4.1 Pump Specifications. Conduct testing at full impeller
diameter in accordance with the test conditions, stabilization
requirements, and specifications of HI 40.6-2021 section 40.6.3,
``Pump efficiency testing''; section 40.6.4, ``Considerations when
determining the efficiency of certain pumps''; section 40.6.5.4
(including appendix A of HI 40.6-2021), ``Test arrangements''; and
section 40.6.5.5, ``Test conditions''.
4.2 Power Supply Requirements. The following conditions also
apply to the mains power supplied to the DPPP motor or controls, if
any:
(a) Maintain the voltage within 5 percent of the
rated value of the motor,
(b) Maintain the frequency within 1 percent of the
rated value of the motor,
(c) Maintain the voltage unbalance of the power supply within
3 percent of the value with which the motor was rated,
and
(c) Maintain total harmonic distortion below 12 percent
throughout the test.
4.3 Test Conditions. Testing must be carried out with water that
is between 50 and 107 [deg]F with less than or equal to 15
nephelometric turbidity units (NTU).
4.4 Tolerances. For waterfall pumps, multi-speed self-priming
and non-self-priming pool filter pumps, and variable-speed self-
priming and non-self-priming pool filter pumps all measured load
points must be within 2.5 percent of the specified head
value and comply with any specified flow values or thresholds. For
all other dedicated-purpose pool pumps, all measured load points
must be within the greater of 2.5 percent of the
specified flow rate values or 0.5 gpm and comply with
any specified head values or thresholds.
5.0 Data Collection and Stabilization
5.1 Damping Devices. Use of damping devices, as described in
Section 40.6.3.2.2 of HI 40.6-2021, are only permitted to integrate
up to the data collection interval used during testing.
[[Page 74045]]
5.2 Stabilization. Record data at any tested load point only
under stabilized conditions, as defined in HI 40.6-2021 section
40.6.5.5.1, where a minimum of two measurements are used to
determine stabilization.
5.3 Test Points. Measure the flow rate in gpm, pump total head
in ft, the driver power input in W, and the speed of rotation in rpm
at each load point specified in table 1 of this appendix for each
DPPP variety and speed configuration:
Table 1--Load Points (i) and Weights (wi) for Each DPPP Variety and Speed Configuration
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test points
Speed Number of load ------------------------------------------------------------
DPPP varieties configuration(s) points (n) Load point (i) Flow rate (Q)
(GPM) Head (H) (ft) Speed (rpm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self-Priming Pool Filter Pumps Single-speed 1 High............... Qhigh (gpm) = H = 0.0082 x Maximum speed.
And Non-Self-Priming Pool dedicated-purpose [email protected] **. Qhigh\2\.
Filter Pumps. pool pumps and all
self-priming and
non-self-priming
pool filter pumps
not meeting the
definition of two-
*, multi-, or
variable-speed
dedicated-purpose
pool pump.
Two-speed dedicated- 2 Low................ Qlow (gpm) = Flow H = 0.0082 x Lowest speed
purpose pool pumps rate associated Qlow\2\. capable of
*. with specified meeting the
head and speed specified flow
that is not below: and head values,
31.1 gpm if any.***
if rated hydraulic
horsepower is
>0.75 or.
24.7 gpm
if rated hydraulic
horsepower is
<=0.75.
High............... Qhigh (gpm) = H = 0.0082 x Maximum speed.
[email protected]**. Qlow\2\.
Multi-speed and 2 Low................ Qlow (gpm) = H = 0.0082 x Lowest speed
variable-speed If rated Qlow\2\. capable of
dedicated-purpose hydraulic meeting the
pool pumps. horsepower is specified flow
>0.75, then Qlow and head values.
>=31.1 gpm.
If rated
hydraulic
horsepower is
<=0.75, then Qlow
>=24.7 gpm.
High............... Qhigh (gpm) >=0.8 x H = 0.0082 x Lowest speed
[email protected]**. Qhigh\2\. capable of
meeting the
specified flow
and head values.
Waterfall Pumps................. Single-speed 1 High............... Qlow (gpm) = Flow 17.0 ft........... Maximum speed.
dedicated-purpose corresponding to
pool pumps. specified head.
Pressure Cleaner Booster Pumps.. Any................. 1 High............... 10.0 gpm........... >=60.0 ft......... Lowest speed
capable of
meeting the
specified flow
and head values.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-priming pool filter pumps that are greater
than or equal to 0.711 rated hydraulic horsepower that are two-speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in response to pre-programmed user preferences
and allows the user to select the duration of each speed and/or the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-speed self-priming pool filter pumps
greater than or equal to 0.711 rated hydraulic horsepower that do not meet these requirements must be tested using the load point for single-speed
self-priming or non-self-priming pool filter pumps, as appropriate.
** [email protected] = Flow at max speed on curve C (gpm).
*** If a two-speed pump has a low speed that results in a flow rate below the specified values, the low speed of that pump shall not be tested.
6.0 Calculations
6.1 Determination of Weighted Energy Factor. Determine the WEF
as a ratio of the measured flow and driver power input to the
dedicated-purpose pool pump in accordance with the following
equation:
[[Page 74046]]
[GRAPHIC] [TIFF OMITTED] TP02DE22.000
Where:
WEF = Weighted Energy Factor in kgal/kWh;
Wi = weighting factor at each load point i, as specified in section
6.2 of this appendix;
Qi = flow at each load point i, in gpm;
Pi = driver power input to the motor (or controls, if present) at
each load point i, in watts;
i = load point(s), defined uniquely for each DPPP variety and speed
configuration as specified in section 5.3 of this appendix; and
n = number of load point(s), defined uniquely for each DPPP variety
and speed configuration as specified in section 5.3 of this
appendix.
6.2 Weights. When determining WEF, apply the weights specified
in table 2 of this appendix for the applicable load points, DPPP
varieties, and speed configurations:
Table 2--Load Point Weights (wi)
----------------------------------------------------------------------------------------------------------------
Load point(s) i
DPPP varieties Speed configuration(s) -------------------------------
Low flow High flow
----------------------------------------------------------------------------------------------------------------
Self-Priming Pool Filter Pumps and Non-Self- Single-speed dedicated-purpose pool .............. 1.0
Priming Pool Filter Pumps. pumps and all self-priming and non-
self-priming pool filter pumps not
meeting the definition of two-*,
multi-, or variable-speed
dedicated-purpose pool pump.
Two-speed dedicated-purpose pool 0.80 0.20
pumps *.
Multi-speed and variable-speed 0.80 0.20
dedicated-purpose pool pumps.
Waterfall Pumps............................ Single-speed dedicated-purpose pool .............. 1.0
pumps.
Pressure Cleaner Booster Pump.............. Any................................ .............. 1.0
----------------------------------------------------------------------------------------------------------------
* In order to apply the test points for two-speed self-priming and non-self-priming pool filter pumps, self-
priming pool filter pumps that are greater than or equal to 0.711 rated hydraulic horsepower that are two-
speed dedicated-purpose pool pumps must also be distributed in commerce either:
(a) With a pool pump control (variable speed drive and user interface or switch) that changes the speed in
response to pre-programmed user preferences and allows the user to select the duration of each speed and/or
the on/off times or
(b) Without a pool pump control that has such capability, but without which the pump is unable to operate. Two-
speed self-priming pool filter pumps greater than or equal to 0.711 rated hydraulic horsepower that do not
meet these requirements must be tested using the load point for single-speed self-priming or non-self-priming
pool filter pumps, as appropriate.
6.3 Determination of Horsepower and True Power Factor Metrics
6.3.1 Determine the pump power output at any load point i using the
following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.001
Where:
Pu,i = the measured pump power output at load point i of the tested
pump, in hp;
Qi = the measured flow rate at load point i of the tested pump, in
gpm;
Hi = pump total head at load point i of the tested pump, in ft; and
SG = the specific gravity of water at specified test conditions,
which is equivalent to 1.00.
6.3.1.1 Determine the rated hydraulic horsepower as the pump
power output measured on the reference curve at maximum rotating
speed and full impeller diameter for the rated pump.
6.3.2 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, determine the dedicated-purpose pool pump
nominal motor horsepower as the product of the measured full load
speed and torque, adjusted to the appropriate units, as shown in the
following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.002
Where:
Pnm = the dedicated-purpose pool pump nominal total horsepower at
full load, in hp;
T = output torque at full load, in lb-ft; and
n = the motor speed at full load, in rpm.
Full-load speed and torque shall be determined based on the
maximum continuous duty motor power output rating allowable for the
motor's nameplate ambient rating and insulation class.
6.3.2.1 For single-phase AC motors, determine the measured speed
and torque at full load according to either section 6.3.2.1.1 or
6.3.2.1.2 of this appendix.
6.3.2.1.1 Use IEEE 114-2010, according to section 1.3 of this
appendix, or
6.3.2.1.2 Use the applicable procedures of CSA C747-09 (R2019),
according to section 1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only measurements at full load
are required in section 6.5, and section 6.6 shall be disregarded.
[[Page 74047]]
6.3.2.2 For DC motors, determine the measured speed and torque
at full load according to either section 6.3.2.2.1 or 6.3.2.2.2 of
this appendix.
6.3.2.2.1 Use the procedures of IEEE 113-1985, according to
section 1.4 of this appendix, or
6.3.2.2.2 Use the applicable procedures of CSA C747-09 (R2019),
according to section 1.1 of this appendix; except in section 6.4(b)
the conversion factor shall be 5252, only measurements at full load
are required in section 6.5, and section 6.6 shall be disregarded
(incorporated by reference, see Sec. 431.463).
6.3.3 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, the dedicated-purpose pool pump service factor
is equal to 1.0.
6.3.4 Determine the dedicated-purpose pool pump motor total
horsepower according to section 6.3.4.1 of this appendix for
dedicated-purpose pool pumps with single-phase AC motors or DC
motors and section 6.3.4.2 of this appendix for dedicated-purpose
pool pumps with polyphase AC motors.
6.3.4.1 For dedicated-purpose pool pumps with single-phase AC
motors or DC motors, determine the dedicated-purpose pool pump motor
total horsepower as the product of the dedicated-purpose pool pump
nominal motor horsepower, determined in accordance with section
6.3.2 of this appendix, and the dedicated-purpose pool pump service
factor, determined in accordance with section 6.3.3 of this
appendix.
6.3.4.2 For dedicated-purpose pool pumps with polyphase AC
induction motors, determine the dedicated-purpose pool pump motor
total horsepower as the product of the rated nominal motor
horsepower and the rated service factor of the motor.
6.3.5 Determine the true power factor at each applicable load
point specified in Table 1 of this appendix for each DPPP variety
and speed configuration as a ratio of driver power input to the
motor (or controls, if present) (Pi), in watts, divided
by the product of the voltage in volts and the current in amps at
each load point i, as shown in the following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.003
Where:
PFi = true power factor at each load point i, dimensionless;
Pi = driver power input to the motor (or controls, if present) at
each load point i, in watts;
Vi = voltage at each load point i, in volts;
Ii = current at each load point i, in amps; and
i = load point(s), defined uniquely for each DPPP variety and speed
configuration as specified in section 5.3 of this appendix.
6.4 Determination of Maximum Head. Determine the maximum head
for self-priming pool filter pumps, non-self-priming pool filter
pumps, and waterfall pumps by measuring the head at maximum speed
and the minimum flow rate at which the pump is designed to operate
continuously or safely, where the minimum flow rate is assumed to be
zero unless stated otherwise in the manufacturer literature.
7.0 Determination of Self-Priming Capability
7.1 Test Method. Determine the vertical lift and true priming
time of non-self-priming pool filter pumps and self-priming pool
filter pumps that are not already certified as self-priming under
NSF/ANSI/CAN 50-2020 by testing such pumps pursuant to section N.3-3
of appendix Normative Annex 3 of NSF/ANSI/CAN 50-2020, except for
the modifications and exceptions listed in the following sections
7.1.1 through 7.1.5 of this appendix:
7.1.1 Where section N-3.3.2, ``Apparatus,'' and section N-3.3.4,
``Self-priming capability test method,'' of NSF/ANSI/CAN 50-2020
state that the ``suction line must be essentially as shown in
Normative Annex 3, figure 3;'' the phrase ``essentially as shown in
Normative Annex 3, figure 3'' means:
(a) The centerline of the pump impeller shaft is situated a
vertical distance equivalent to the specified vertical lift (VL),
calculated in accordance with section 7.1.1.1. of this appendix,
above the water level of a water tank of sufficient volume as to
maintain a constant water surface level for the duration of the
test;
(b) The pump draws water from the water tank with a riser pipe
that extends below the water level a distance of at least 3 times
the riser pipe diameter (i.e., 3 pipe diameters);
(c) The suction inlet of the pump is at least 5 pipe diameters
from any obstructions, 90[deg] bends, valves, or fittings; and
(d) The riser pipe is of the same pipe diameter as the pump
suction inlet.
7. 1.1.1 The vertical lift (VL) must be normalized to 5.0 feet
at an atmospheric pressure of 14.7 psia and a water density of 62.4
lb/ft\3\ in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TP02DE22.004
Where:
VL = vertical lift of the test apparatus from the waterline to the
centerline of the pump impeller shaft, in ft;
[rho]test = density of test fluid, in lb/ft\3\; and
Pabs,test = absolute barometric pressure of test apparatus location
at centerline of pump impeller shaft, in psia.
7.1.2 The equipment accuracy requirements specified in section
3, ``Measurement Equipment,'' of this appendix also apply to this
section 7, as applicable.
7.1.2.1 All measurements of head (gauge pressure), flow, and
water temperature must be taken at the pump suction inlet and all
head measurements must be normalized back to the centerline of the
pump impeller shaft in accordance with section A.3.1.3.1 of HI 40.6-
2021.
7.1.3 All tests must be conducted with clear water that meets
the requirements adopted in section 4.3 of this appendix.
7.1.4 In section N-3.3.4, ``Self-priming capability test
method,'' of NSF/ANSI/CAN 50-2020, ``the elapsed time to steady
discharge gauge reading or full discharge flow'' is determined when
the changes in head and flow, respectively, are within the tolerance
values specified in table 40.6.3.2.2, ``Permissible amplitude of
fluctuation as a percentage of mean value of quantity being measured
at any test point,'' of HI 40.6-2021. The measured priming time
(MPT) is determined as the point in time when the stabilized load
point is first achieved, not when stabilization is determined. In
addition, the true priming time (TPT) is equivalent to the MPT.
7.1.5 The maximum true priming time for each test run must not
exceed 10.0 minutes. Disregard section N-3.3.5 of NSF/ANSI/CAN 50-
2020.
8. Optional Testing and Calculations
8.1 Replacement Dedicated-Purpose Pool Pump Motors. To determine
the WEF for replacement DPPP motors, test each replacement DPPP
motor paired with each dedicated-purpose pool pump bare pump for
which the replacement DPPP motor is advertised to be paired, as
stated in the manufacturer's literature for that replacement DPPP
motor model, according to the testing and calculations described in
sections 2, 3, 4, 5, and 6 of this appendix. Alternatively, each
replacement DPPP motor may be tested with the most consumptive
dedicated-purpose pool pump bare pump for which it
[[Page 74048]]
is advertised to be paired, as stated in the manufacturer's
literature for that replacement DPPP motor model. If a replacement
DPPP motor is not advertised to be paired with any specific
dedicated-purpose pool pump bare pumps, test with the most
consumptive dedicated-purpose pool pump bare pump available.
Appendix D to Subpart Y of Part 431 [Redesignated as Appendix C]
0
11. Appendix D to Subpart Y of Part 431 is redesignated as Appendix C
to Subpart Y of Part 431 and amended by:
0
a. In the introductory note, removing the words, ``Note 1 to appendix
D'' and adding, in their place, the words ``Note 1 to appendix C''; and
0
b. In section 2.1, in the heading of Table 1, removing the words,
``Table 1 to Appendix D to Subpart Y of Part 431'' and adding, in their
place, the words ``Table 1 to Appendix C to Subpart Y of Part 431.''
[FR Doc. 2022-24201 Filed 12-1-22; 8:45 am]
BILLING CODE 6450-01-P
