82_FR_5457 82 FR 5446 - Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pumps

82 FR 5446 - Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pumps

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5446-5454
FR Document2016-31665

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, sets forth a variety of provisions designed to improve energy efficiency. Part C of Title III establishes the ``Energy Conservation Program for Certain Industrial Equipment.'' The covered equipment includes pumps. In this document, DOE proposes amended energy conservation standards for dedicated-purpose pool pumps identical to those set forth in a direct final rule published elsewhere in the Federal Register. If DOE receives an adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, DOE will publish a notice withdrawing the direct final rule and will proceed with this proposed rule.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5446-5454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31665]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2015-BT-STD-0008]
RIN 1904-AD52


Energy Conservation Program: Energy Conservation Standards for 
Dedicated-Purpose Pool Pumps

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking (NOPR).

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SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, sets forth a variety of provisions designed to improve energy 
efficiency. Part C of Title III establishes the ``Energy Conservation 
Program for Certain Industrial Equipment.'' The covered equipment 
includes pumps. In this document, DOE proposes amended energy 
conservation standards for dedicated-purpose pool pumps identical to 
those set forth in a direct final rule published elsewhere in the 
Federal Register. If DOE receives an adverse comment and determines 
that such comment may provide a reasonable basis for withdrawing the 
direct final rule, DOE will publish a notice withdrawing the direct 
final rule and will proceed with this proposed rule.

DATES: DOE will accept comments, data, and information regarding the 
proposed standards no later than May 8, 2017.
    Comments regarding the likely competitive impact of the proposed 
standard should be sent to the Department of Justice contact listed in 
the ADDRESSES section before February 17, 2017.

ADDRESSES: If DOE withdraws the direct final rule published elsewhere 
in the Federal Register, DOE will hold a public meeting to allow for 
additional comment on this proposed rule. DOE will publish notice of 
any public meeting in the Federal Register.
    Instructions: Any comments submitted must identify the NOPR on 
Energy Conservation Standards for Dedicated-Purpose Pool Pumps, and 
provide docket number EERE-2015-BT-STD-0008 and/or regulatory 
information number (RIN) 1904-AD52. Comments may be submitted using any 
of the following methods:
    1) Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2) Email: [email protected]. Include the docket 
number and/or RIN in the subject line of the message. Submit electronic 
comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and 
avoid the use of special characters or any form of encryption.
    3) 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. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
    4) 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) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section III of this document (``Public 
Participation'').
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Office of Energy Efficiency and 
Renewable Energy through the methods listed above and by email to 
[email protected].
    EPCA requires the Attorney General to provide DOE a written 
determination of whether the proposed standard is likely to lessen 
competition. The U.S. Department of Justice Antitrust Division invites 
input from market participants and other interested persons with views 
on the likely competitive impact of the proposed standard. Interested 
persons may contact the Division at [email protected] before 
February 17, 2017. Please indicate in the ``Subject'' line of your 
email the title and Docket Number of this rulemaking notice.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in

[[Page 5447]]

the www.regulations.gov index. However, some documents listed in the 
index may not be publicly available, such as those containing 
information that is exempt from public disclosure.
    The docket Web page can be found at https://www.regulations.gov/docket?D=EERE-2015-BT-STD-0008. The docket Web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket. See section III, ``Public Participation,'' for further 
information on how to submit comments through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 586-9507. Email: 
[email protected].
    Ms. Johanna Jochum, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 
20585-0121. Telephone: (202) 287-6307. Email: 
[email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
586-6636 or by email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority
    B. Background
II. Proposed Standards
    1. Benefits and Burdens of Standards Considered for Dedicated-
Purpose Pool Pumps
    2. Summary of Annualized Benefits and Costs of the Proposed 
Standards
III. Other Prescriptive Requirements
IV. Procedural Issues and Regulatory Review
V. Public Participation
    A. Submission of Comments
    B. Public Meeting
VI. Approval of the Office of the Secretary

I. Introduction

A. Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), (42 U.S.C. 6311-6317, as codified) established the Energy 
Conservation Program for Certain Industrial Equipment, a program 
covering certain industrial equipment.\2\ ``Pumps'' are listed as a 
type of covered industrial equipment. (42 U.S.C. 6311(1)(A))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
    \2\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
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    While pumps are listed as a type of covered equipment, EPCA does 
not define the term ``pump.'' To address this, in January 2016, DOE 
published a test procedure final rule (January 2016 general pumps test 
procedure final rule) that established a definition for the term 
``pump.'' 81 FR 4086, 4147 (January 25, 2016). In the December, 2016 
test procedure final rule (``test procedure final rule''),\3\ DOE noted 
the applicability of the definition of ``pump'' and associated terms to 
dedicated-purpose pool pumps.
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    \3\ See https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=41.
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    Pursuant to EPCA, DOE's energy conservation program for covered 
equipment consists essentially of four parts: (1) Testing, (2) 
labeling, (3) the establishment of Federal energy conservation 
standards, and (4) certification and enforcement procedures. Subject to 
certain criteria and conditions, DOE is required to develop test 
procedures to measure the energy efficiency, energy use, or estimated 
annual operating cost of covered equipment. (42 U.S.C. 6295(o)(3)(A) 
and 6316(a)) Manufacturers of covered equipment must use the prescribed 
DOE test procedure as the basis for certifying to DOE that their 
equipment complies with the applicable energy conservation standards 
adopted under EPCA, and when making representations to the public 
regarding their energy use or efficiency. (42 U.S.C. 6314(d)) 
Similarly, DOE must use these test procedures to determine whether the 
equipment complies with standards adopted pursuant to EPCA. Id. The DOE 
test procedures for dedicated-purpose pool pumps appear at title 10 of 
the Code of Federal Regulations (CFR) part 431, subpart Y, appendix B.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered equipment, including dedicated-purpose 
pool pumps. Any new or amended standard for covered equipment must be 
designed to achieve the maximum improvement in energy efficiency that 
is technologically feasible and economically justified. (42 U.S.C. 
6313(a)(6)(C), 6295(o), and 6316(a)) Furthermore, DOE may not adopt any 
standard that would not result in the significant conservation of 
energy. (42 U.S.C. 6295(o)(3)) and 6316(a)) Moreover, DOE may not 
prescribe a standard (1) for certain equipment, including dedicated-
purpose pool pumps, if no test procedure has been established for the 
product, or (2) if DOE determines by rule that the standard is not 
technologically feasible or economically justified. (42 U.S.C. 6295(o) 
and 6316(a)) In deciding whether a proposed standard is economically 
justified, DOE must determine whether the benefits of the standard 
exceed its burdens. DOE must make this determination after receiving 
comments on the proposed standard, and by considering, to the greatest 
extent practicable, the following seven statutory factors:
    1. The economic impact of the standard on manufacturers and 
consumers of the equipment subject to the standard;
    2. The savings in operating costs throughout the estimated average 
life of the covered equipment in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered equipment that are likely to result from the standard;
    3. The total projected amount of energy (or as applicable, water) 
savings likely to result directly from the standard;
    4. Any lessening of the utility or the performance of the covered 
equipment likely to result from the standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    6. The need for national energy and water conservation; and
    7. Other factors the Secretary of Energy (Secretary) considers 
relevant.
    (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) and 6316(a))
    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the value of 
the energy savings during the first year that the consumer will receive 
as a result of the standard, as calculated under the applicable test 
procedure. (42 U.S.C. 6295(o)(2)(B)(iii)) and 6316(a))
    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of a covered product. 
(42 U.S.C. 6295(o)(1)) and 6316(a)) Also, the Secretary may not 
prescribe an amended or new standard

[[Page 5448]]

if interested persons have established by a preponderance of the 
evidence that the standard is likely to result in the unavailability in 
the United States in any covered product type (or class) of performance 
characteristics (including reliability), features, sizes, capacities, 
and volumes that are substantially the same as those generally 
available in the United States. (42 U.S.C. 6295(o)(4) and 6316(a))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for a covered product that has two or more 
subcategories. DOE must specify a different standard level for a type 
or class of products that has the same function or intended use if DOE 
determines that equipment within such group (a) consumes a different 
kind of energy from that consumed by other covered equipment within 
such type (or class); or (b) has a capacity or other performance-
related feature that other equipment within such type (or class) do not 
have and such feature justifies a higher or lower standard. (42 U.S.C. 
6295(q)(1) and 6316(a)) In determining whether a performance-related 
feature justifies a different standard for a group of equipment, DOE 
must consider such factors as the utility to the consumer of such a 
feature and other factors DOE deems appropriate. Id. Any rule 
prescribing such a standard must include an explanation of the basis on 
which such higher or lower level was established. (42 U.S.C. 6295(q)(2) 
and 6316(a))
    Federal energy conservation requirements generally supersede State 
laws or regulations concerning energy conservation testing, labeling, 
and standards. (42 U.S.C. 6297(a)-(c) and 6316(a)) DOE may, however, 
grant waivers of Federal preemption for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 42 U.S.C. 6297(d).
    With particular regard to direct final rules, the Energy 
Independence and Security Act of 2007 (EISA 2007), Pub. Law 110-140 
(December 19, 2007), amended EPCA, in relevant part, to grant DOE 
authority to issue a type of final rule (i.e., a ``direct final rule'') 
establishing an energy conservation standard for a product or equipment 
(including dedicated-purpose pool pumps) on receipt of a statement 
submitted jointly by interested persons that are fairly representative 
of relevant points of view (including representatives of manufacturers 
of covered equipment, States, and efficiency advocates), as determined 
by the Secretary. (42 U.S.C. 6295(p)(4)(A)) and 6316(a)) That statement 
must contain recommendations with respect to an energy or water 
conservation standard that are in accordance with the provisions of 42 
U.S.C. 6295(o). (42 U.S.C. 6295(p)(4)(A)(i)) A notice of proposed 
rulemaking (NOPR) that proposes an identical energy efficiency standard 
must be published simultaneously with the direct final rule and a 
public comment period of at least 110 days provided. (42 U.S.C. 
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct 
final rule, if DOE receives one or more adverse comments or an 
alternative joint recommendation relating to the direct final rule, the 
Secretary must determine whether the comments or alternative joint 
recommendation may provide a reasonable basis for withdrawal under 42 
U.S.C. 6295(o) or other applicable law. (42 U.S.C. 6295(p)(4)(C)(i)) If 
the Secretary makes such a determination, DOE must withdraw the direct 
final rule and proceed with the simultaneously published NOPR, and 
publish in the Federal Register the reason why the direct final rule 
was withdrawn. (42 U.S.C. 6295(p)(4)(C)(ii))

B. Background

    DOE began the separate rulemaking for dedicated-purpose pool pumps 
on May 8, 2015, when it issued a Request for Information (RFI) (May 
2015 DPPP RFI). 80 FR 26475. Consistent with feedback from these 
interested parties, DOE began a process through the ASRAC to charter a 
working group to recommend energy conservation standards and a test 
procedure for dedicated-purpose pool pumps rather than continuing down 
the traditional notice and comment route that DOE had already begun. 
(Docket No. EERE-2015-BT-STD-0008) On August 25, 2015, DOE published a 
notice of intent to establish a working group for dedicated-purpose 
pool pumps (the DPPP Working Group). 80 FR 51483. DOE selected the 
members of the DPPP Working Group to ensure a broad and balanced array 
of interested parties and expertise, including representatives from 
efficiency advocacy organizations and manufacturers, as well as one 
representative from a state government organization. Additionally, one 
member from ASRAC and one DOE representative were part of the group.
    The DPPP Working Group completed its initial charter on December 8, 
2015, with a consensus vote to approve a term sheet containing 
recommendations to DOE on scope, metric, and the basis of test 
procedure (``December 2015 DPPP Working Group recommendations''). ASRAC 
subsequently voted unanimously to approve the December 2015 DPPP 
Working Group recommendations during its January 20, 2016 meeting. 
(Docket No. EERE-2015-BT-STD-0008, No. 0052) At the January 20, 2016 
ASRAC meeting, the DPPP Working Group also requested more time to 
discuss potential energy conservation standards for dedicated-purpose 
pool pumps. In response, ASRAC recommended that the DPPP Working Group 
continue its work in a second phase of negotiations to recommend 
potential energy conservation standards for dedicated-purpose pool 
pumps. (Docket No. EERE-2013-BT-NOC-0005, No. 71 at pp. 20-52)
    The second phase of meetings commenced on March 21, 2016 and 
concluded on June 23, 2016, with approval of a second term sheet (June 
2016 DPPP Working Group recommendations). This term sheet contained 
DPPP Working Group recommendations on performance-based energy 
conservation standard levels, scope of such standards, certain 
prescriptive requirements, certain labeling requirements, certain 
definitions, and certain amendments to its previous test procedure 
recommendations. (Docket No. EERE-2015-BT-STD-0008, No. 82) ASRAC 
subsequently voted unanimously to approve the June 2016 DPPP Working 
Group recommendations during the July 29, 2016 meeting.
    After carefully considering the consensus recommendations submitted 
by the DPPP Working Group and adopted by ASRAC, DOE has determined that 
these recommendations comprised a statement submitted by interested 
persons who are fairly representative of relevant points of view on 
this matter. In reaching this determination, DOE took into 
consideration the fact that the Working Group, in conjunction with 
ASRAC members who approved the recommendations, consisted of 
representatives of manufacturers of covered products, States, and 
efficiency advocates--all of which are groups specifically identified 
by Congress as relevant parties to any consensus recommendation. (42 
U.S.C. 6295(p)(4)(A)
    DOE has considered the recommended energy conservation standards 
and believes that they meet the EPCA requirements for issuance of a 
direct final rule. As a result, DOE published a direct final rule 
establishing energy conservation standards for pool pumps elsewhere in 
Federal Register. If DOE receives adverse comments that may provide a 
reasonable basis for

[[Page 5449]]

withdrawal and withdraws the direct final rule, DOE will consider those 
comments and any other comments received in determining how to proceed 
with this proposed rule.
    For further background information on these proposed standards and 
the supporting analyses, please see the direct final rule published 
elsewhere in Federal Register. That document includes additional 
discussion of the EPCA requirements for promulgation of energy 
conservation standards; the history of the standards rulemaking for 
pool pumps; and information on the test procedures used to measure the 
energy efficiency of pool pumps. The document also contains an in-depth 
discussion of the analyses conducted in support of this rulemaking, the 
methodologies DOE used in conducting those analyses, and the analytical 
results.

II. Proposed Standards

1. Benefits and Burdens of Standards Considered for Dedicated-Purpose 
Pool Pumps
    Table II.1 and Table II.2 summarize the quantitative impacts 
estimated for each trial standard level (TSL) for pool pumps. The 
national impacts are measured over the lifetime of dedicated-purpose 
pool pumps purchased in the 30-year period that begins in the 
anticipated year of compliance with new standards (2021-2050). The 
energy savings, emissions reductions, and value of emissions reductions 
refer to full-fuel-cycle results. The efficiency levels contained in 
each TSL are described in section V.A of the direct final rule.

                                     Table II.1--Summary of Analytical Results for Pool Pumps TSLs: National Impacts
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             Category                        TSL 1                   TSL 2                   TSL 3                  TSL 4                  TSL 5
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Cumulative FFC National Energy
 Savings quads
                                    0.79..................  3.0...................  3.8...................  4.1..................  4.6
NPV of Consumer Costs and Benefits
 billion 2015$
    3% discount rate..............  5.1...................  17....................  24....................  21...................  25
    7% discount rate..............  2.5...................  8.1...................  11....................  10...................  12
Cumulative FFC Emissions Reduction
    CO2 million metric tons.......  42....................  160...................  202...................  216..................  246
    SO2 thousand tons.............  31....................  116...................  147...................  156..................  178
    NOX thousand tons.............  53....................  203...................  257...................  275..................  313
    Hg tons.......................  0.10..................  0.39..................  0.50..................  0.53.................  0.60
    CH4 thousand tons.............  200...................  765...................  968...................  1,035................  1,179
    N2O thousand tons.............  0.62..................  2.3...................  3.0...................  3.2..................  3.6
Value of Emissions Reduction
    CO2 billion 2015$\*\..........  0.327 to 4.388........  1.207 to 16.402.......  1.524 to 20.724.......  1.624 to 22.104......  1.841 to 25.113
    CH4 billion 2015$.............  0.069 to 0.549........  0.256 to 2.082........  0.324 to 2.632........  0.346 to 2.812.......  0.393 to 3.202
    N2O billion 2015$.............  0.002 to 0.019........  0.007 to 0.072........  0.008 to 0.091........  0.009 to 0.097.......  0.010 to 0.110
    NOX--3% discount rate billion   0.103 to 0.231........  0.378 to 0.851........  0.477 to 1.075........  0.508 to 1.144.......  0.575 to 1.297
     2015$.
    NOX--7% discount rate billion   0.047 to 0.106........  0.167 to 0.377........  0.210 to 0.475........  0.222 to 0.503.......  0.25 to 0.566
     2015$.
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Parentheses indicate negative (-) values.
* Range of the economic value of CO2 reductions is based on estimates of the global benefit of reduced CO2 emissions.


                                   Table II.2--Manufacturer and Consumer Impacts for Dedicated-Purpose Pool Pumps TSLs
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             Category                       TSL 1*                  TSL 2*                  TSL 3*                  TSL 4*                 TSL 5*
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Manufacturer Impacts
    Industry NPV million 2015$ (No- 201.0-210.9...........  178.8-200.2...........  166.5-219.8...........  126.2-195.9..........  36.8-110.5
     standards case INPV = $212.8).
    Industry NPV % change.........  (5.5)-(0.9)...........  (16.0)-(5.9)..........  (21.8)-3.3............  (40.7)-(7.9).........  (82.7)-(48.1)
Consumer Average LCC Savings 2015$
    Standard-Size Self-Priming      669...................  1,779.................  2,140.................  2,140................  2,085
     Pool Filter Pump.
    Small-Size Self-Priming Pool    295...................  322...................  295...................  360..................  414
     Filter Pump.
    Standard-Size Non-Self-Priming  191...................  35....................  191...................  10...................  93
     Pool Filter Pump.
    Extra-Small Non-Self-Priming    36....................  36....................  36....................  10...................  10
     Pool Filter Pump.
    Waterfall Pump................  (3)...................  (3)...................  n/a...................  (20).................  13
    Pressure Cleaner Booster Pump.  111...................  111...................  111...................  (372)................  (313)
    Integral Cartridge Filter Pump  n/a...................  n/a...................  128...................  n/a..................  n/a
    Integral Sand Filter Pump.....  n/a...................  n/a...................  73....................  n/a..................  n/a
Consumer Simple PBP years
    Standard-Size Self-Priming      0.6...................  0.7...................  0.7...................  0.7..................  0.6
     Pool Filter Pump.
    Small-Size Self-Priming Pool    0.8...................  2.0...................  0.8...................  2.1..................  1.9
     Filter Pump.
    Standard-Size Non-Self-Priming  0.2...................  2.3...................  0.2...................  2.3..................  2.1
     Pool Filter Pump.
    Extra-Small Non-Self-Priming    0.9...................  0.9...................  0.9...................  1.6..................  1.6
     Pool Filter Pump.
    Waterfall Pumps...............  4.5...................  4.5...................  n/a...................  5.4..................  3.7
    Pressure Cleaner Booster Pumps  0.6...................  0.6...................  0.6...................  6.0..................  5.1
    Integral Cartridge Filter Pump  n/a...................  n/a...................  0.4...................  n/a..................  n/a
    Integral Sand Filter Pump.....  n/a...................  n/a...................  0.5...................  n/a..................  n/a
Percent of Consumers that
 Experience a Net Cost %
    Standard-Size Self-Priming      1.....................  5.....................  10....................  10...................  8
     Pool Filter Pump.

[[Page 5450]]

 
    Small-Size Self-Priming Pool    4.....................  27....................  4.....................  29...................  26
     Filter Pump.
    Standard-Size Non-Self-Priming  0.....................  58....................  0.....................  51...................  47
     Pool Filter Pump.
    Extra-Small Non-Self-Priming    4.....................  4.....................  4.....................  39...................  39
     Pool Filter Pump.
    Waterfall Pumps...............  50....................  50....................  n/a...................  70...................  55
    Pressure Cleaner Booster Pumps  0.....................  0.....................  0.....................  69...................  68
    Integral Cartridge Filter Pump  n/a...................  n/a...................  3.....................  n/a..................  n/a
    Integral Sand Filter Pump.....  n/a...................  n/a...................  3.....................  n/a..................  n/a
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* Parentheses indicate negative (-) values.

    DOE first considered TSL 5, which represents the max-tech 
efficiency levels. TSL 5 would save an estimated 4.6 quads of energy, 
an amount DOE considers significant. Under TSL 5, the NPV of consumer 
benefit would be $12 billion using a discount rate of 7 percent, and 
$25 billion using a discount rate of 3 percent.
    The cumulative emissions reductions at TSL 5 are 246 Mt of 
CO2; 178 thousand tons of SO2; 313 thousand tons 
of NOX; 0.60 tons of Hg; 1,179 thousand tons of 
CH4; and 3.6 thousand tons of N2O. The estimated 
monetary value of the GHG emissions reduction at TSL 5 ranges from $1.8 
billion to $25 billion for CO2, from $393 million to 3,202 
million for CH4, and from $10 million to $110 million for 
N2O. The estimated monetary value of the NOX 
emissions reduction at TSL 5 is $250 million using a 7-percent discount 
rate and $575 million using a 3-percent discount rate.
    At TSL 5, the average LCC impact is a savings that ranges from $10 
for extra-small non-self-priming pumps, to $2,085 for standard-size 
self-priming pump, except for pressure cleaner booster pumps, which 
have a savings of negative $313. The simple payback period ranges from 
0.6 years for standard-size self-priming pumps to 5.1 years for 
pressure cleaner booster pumps. The fraction of consumers experiencing 
a net LCC cost ranges from eight percent for standard-size self-priming 
pumps to 68 percent for pressure cleaner booster pumps.
    At TSL 5, the projected change in INPV ranges from a decrease of 
$176.0 million to a decrease of $102.3 million, which correspond to 
decreases of 82.7 percent and 48.1 percent, respectively. DOE estimates 
that industry must invest $199.5 million to comply with standards set 
at TSL 5. Manufacturers would need to redesign a significant portion of 
the equipment they offer, including hydraulic redesigns to convert the 
vast majority of their standard-size self-priming pool filter pumps.
    The Secretary tentatively concludes that at TSL 5 for dedicated-
purpose pool pumps, the benefits of energy savings, positive NPV of 
consumer benefits, emission reductions, and the estimated monetary 
value of the emissions reductions would be outweighed by the economic 
burden on some consumers, and the significant impacts on manufacturers, 
including the large conversion costs and profit margin impacts that 
could result in a large reduction in INPV. Consequently, the Secretary 
has tentatively concluded that TSL 5 is not economically justified.
    DOE then considered TSL 4, which represents efficiency levels based 
on variable speed technology for most equipment classes. TSL 4 would 
save an estimated 4.1 quads of energy, an amount DOE considers 
significant. Under TSL 4, the NPV of consumer benefit would be $10 
billion using a discount rate of 7 percent, and $21 billion using a 
discount rate of 3 percent.
    The cumulative emissions reductions at TSL 4 are 216 Mt of 
CO2, 156 thousand tons of SO2, 275 thousand tons 
of NOX, 0.53 tons of Hg, 1,035thousand tons of 
CH4, and 3.2 thousand tons of N2O. The estimated 
monetary value of the GHG emissions reduction at TSL 4 ranges from $1.6 
billion to $22 billion for CO2, from $346 million to $2,812 
million for CH4, and from $8.8 million to $97 million for 
N2O. The estimated monetary value of the NOX 
emissions reduction at TSL 4 is $222 million using a 7-percent discount 
rate and $508 million using a 3-percent discount rate.
    At TSL 4, the average LCC impact is a savings that ranges from $10 
for extra-small non-self-priming pumps, to $2,140 for standard-size 
self-priming pumps, except for pressure cleaner booster pumps, which 
have a savings of negative $372, and waterfall pumps, which have a 
savings of negative $20. The simple payback period ranges from 0.7 
years for standard-size self-priming pumps to 6.0 years for pressure 
cleaner booster pumps. The fraction of consumers experiencing a net LCC 
cost ranges from 10 percent for standard-size self-priming pumps to 70 
percent for waterfall pumps.
    At TSL 4, the projected change in INPV ranges from a decrease of 
$86.6 million to a decrease of $16.9 million, which correspond to 
decreases of 40.7 percent and 7.9 percent, respectively. DOE estimates 
that industry must invest $68.4 million to comply with standards set at 
TSL 4.
    The Secretary tentatively concludes that at TSL 4 for dedicated-
purpose pool pumps, the benefits of energy savings, positive NPV of 
consumer benefits, emission reductions, and the estimated monetary 
value of the emissions reductions, would be outweighed by the economic 
burden on some consumers, and the significant impacts on manufacturers, 
including the large conversion costs and profit margin impacts that 
could result in a large reduction in INPV. Consequently, the Secretary 
has tentatively concluded that TSL 4 is not economically justified.
    DOE then considered TSL 3, the recommended TSL, which would save an 
estimated 3.8 quads of energy, an amount DOE considers significant. 
Under TSL 3, the NPV of consumer benefit would be $11 billion using a 
discount rate of 7 percent, and $24 billion using a discount rate of 3 
percent.
    The cumulative emissions reductions at TSL 3 are 202 Mt of 
CO2, 147 thousand tons of SO2; 257 thousand tons 
of NOX, 0.50 tons of Hg, 968 thousand tons of 
CH4; and 3.0 thousand tons of N2O. The estimated 
monetary value of the GHG emissions reduction at TSL 3 ranges from $1.5 
billion to $21 billion for CO2, from $324 million to $2,632 
million for CH4, and from $8.3 million to $91 million for 
N2O. The estimated monetary value of the NOX 
emissions reduction at TSL 3 is $210 million using a 7-percent discount 
rate and $477 million using a 3-percent discount rate.
    At TSL 3, the average LCC impact is a savings that ranges from $36 
for extra-small non-self-priming pool filter pumps to $2,140 for 
standard-size self-priming pumps. The simple payback

[[Page 5451]]

period ranges from 0.2 years for standard-size non-self-priming pool 
filter pumps to 0.8 years for extra-small non-self-priming pool filter 
pumps. The fraction of consumers experiencing a net LCC cost ranges 
from zero percent for standard-size non-self-priming pumps and pressure 
cleaner booster pumps to 10 percent for standard-size self-priming 
pumps.
    At TSL 3, the projected change in INPV ranges from a decrease of 
$46.3 million to an increase of $7.0 million, which represents a 
decrease of 21.8 percent to an increase of 3.3 percent, respectively. 
DOE estimates that industry must invest $35.6 million to comply with 
standards set at TSL 3.
    After considering the analysis and weighing the benefits and 
burdens, the Secretary has tentatively concluded that, at TSL 3 for 
dedicated-purpose pool pumps, the benefits of energy savings, positive 
NPV of consumer benefits, emission reductions, the estimated monetary 
value of the emissions reductions, and positive average LCC savings, 
would outweigh the potential negative impacts on manufacturers. 
Accordingly, the Secretary has tentatively concluded that TSL 3 would 
offer the maximum improvement in efficiency that is technologically 
feasible and economically justified, and would result in the 
significant conservation of energy.
    Therefore, based on the above considerations, DOE proposes the 
energy conservation standards for pool pumps at TSL 3. The proposed 
performance-based energy conservation standards for pool pumps, which 
are expressed as kgal/kWh, are shown in Table II.3. The proposed 
prescriptive energy conservation standards for pool pumps are shown in 
Table II.4.

      Table II.3--Proposed Performance-Based Energy Conservation Standards for Dedicated-Purpose Pool Pumps
----------------------------------------------------------------------------------------------------------------
                                     Equipment class
-----------------------------------------------------------------------------------------  Minimum allowable WEF
 Dedicated-purpose pool pump variety     hhp Applicability*           Motor phase            score [kgal/kwh]
----------------------------------------------------------------------------------------------------------------
Self-priming pool filter pumps......  0.711 hp <= hhp < 2.5    Single...................  -2.30 * ln (hhp) +
                                       hp.                                                 6.59.
Self-priming pool filter pumps......  hhp < 0.711 hp.........  Single...................  5.55, for hhp <= 0.13
                                                                                           hp
                                                                                          - 1.30 * ln (hhp) +
                                                                                           2.90, for hhp > 0.13
                                                                                           hp.
Non-self-priming pool filter pumps**  hhp < 2.5 hp...........  Any......................  4.60, for hhp <= 0.13
                                                                                           hp
                                                                                          - 0.85 * ln (hhp) +
                                                                                           2.87, for hhp > 0.13
                                                                                           hp.
Pressure cleaner booster pumps......  Any....................  Any......................  0.42.
----------------------------------------------------------------------------------------------------------------
* All instances of hhp refer to rated hydraulic horsepower as determined in accordance with the DOE test
  procedure at 10 CFR 431.464 and applicable sampling plans.
** Because DOE selected the same efficiency level for both extra-small and standard-size non-self-priming pool
  filter pumps, the two equipment classes were ultimately merged into one.


        Table II.4--Proposed Prescriptive Energy Conservation Standards for Dedicated-Purpose Pool Pumps
----------------------------------------------------------------------------------------------------------------
                                   Equipment class
--------------------------------------------------------------------------------------
    Dedicated-purpose pool pump                                                          Prescriptive standard
              variety                   hhp Applicability           Motor phase
----------------------------------------------------------------------------------------------------------------
Integral sand filter pool pump....  Any.....................  Any....................  Must be distributed in
                                                                                        commerce with a pool
                                                                                        pump timer that is
                                                                                        either integral to the
                                                                                        pump or a separate
                                                                                        component that is
                                                                                        shipped with the pump.
Integral cartridge filter pool      Any.....................  Any....................  Must be distributed in
 pump.                                                                                  commerce with a pool
                                                                                        pump timer that is
                                                                                        either integral to the
                                                                                        pump or a separate
                                                                                        component that is
                                                                                        shipped with the pump.
----------------------------------------------------------------------------------------------------------------

2. Summary of Annualized Benefits and Costs of the Proposed Standards
    The benefits and costs of the proposed standards can also be 
expressed in terms of annualized values. The annualized net benefit is 
(1) the annualized national economic value (expressed in 2015$) of the 
benefits from operating equipment that meet the adopted standards 
(consisting primarily of operating cost savings from using less energy, 
minus increases in product purchase costs, and (2) the annualized 
monetary value of the benefits of GHG and NOX emission 
reductions.
    Table II.5 shows the annualized values for dedicated-purpose pool 
pumps under TSL 3, expressed in 2015$. The results under the primary 
estimate are as follows.
    Using a 7-percent discount rate for benefits and costs other than 
GHG reduction (for which DOE used average social costs with a 3-percent 
discount rate),\4\ the estimated cost of the standards in this rule is 
$138 million per year in increased equipment costs, while the estimated 
annual benefits are $1.3 billion in reduced equipment operating costs, 
$449 million in GHG reductions, and $22 million in reduced 
NOX emissions. In this case, the net benefit amounts to $1.7 
billion per year.
---------------------------------------------------------------------------

    \4\ DOE used average social costs with a 3-percent discount rate 
these values are considered as the ``central'' estimates by the 
interagency group.
---------------------------------------------------------------------------

    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the adopted standards for dedicated-purpose pool 
pumps is $149 million per year in increased equipment costs, while the 
estimated annual benefits are $1.5 billion in reduced operating costs, 
$449 million in CO2 reductions, and $27 million in reduced 
NOX emissions. In this case, the net benefit amounts to $1.8 
billion per year.

[[Page 5452]]



                        Table II.5--Annualized Benefits and Costs of Proposed Standards (TSL 3) for Dedicated-Purpose Pool Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Million 2015$/year
                                                                        --------------------------------------------------------------------------------
                                               Discount rate %                                                                     High-net-benefits
                                                                             Primary  estimate      Low-net-benefits estimate           estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.....  7................................  1,340....................  1,221....................  1,467
                                      3................................  1,516....................  1,367....................  1,678
GHG Reduction (using avg. social      5................................  147......................  129......................  164
 costs at 5% discount rate)**.
GHG Reduction (using avg. social      3................................  449......................  392......................  504
 costs at 3% discount rate)**.
GHG Reduction (using avg. social      2.5..............................  642......................  560......................  721
 costs at 2.5% discount rate)**.
GHG Reduction (using 95th percentile  3................................  1,346....................  1,175....................  1,510
 social costs at 3% discount rate)**.
NOX Reduction [dagger]..............  7%...............................  22.......................  20.......................  55
                                      3%...............................  27.......................  24.......................  70
                                     -------------------------------------------------------------------------------------------------------------------
Total Benefits [Dagger].............  7% plus GHG range................  1,509 to 2,708...........  1,369 to 2,416...........  1,686 to 3,032
                                      7%...............................  1,811....................  1,633....................  2,026
                                      3% plus GHG range................  1,690 to 2,890...........  1,520 to 2,566...........  1,912 to 3,258
                                      3%...............................  1,993....................  1,783....................  2,252
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Consumer Incremental Equipment Costs  7%...............................  138......................  124......................  151
                                      3%...............................  149......................  133......................  164
Manufacturer Conversion Costs         7%...............................  3........................  3........................  3
 [dagger][dagger].                    3%...............................  2........................  2........................  2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Net Benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total [Dagger]..................  7% plus GHG range................  1,371 to 2,570...........  1,245 to 2,292...........  1,535 to 2,881
                                      7%...............................  1,673....................  1,509....................  1,875
                                      3% plus GHG range................  1,542 to 2,741...........  1,387 to 2,433...........  1,748 to 3,094
                                      3%...............................  1,844....................  1,651....................  2,088
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This table presents the annualized costs and benefits associated with pool pumps shipped in 2021-2050. These results include benefits to consumers
  which accrue after 2050 from the pool pumps purchased from 2021-2050. The incremental equipment costs include incremental equipment cost as well as
  installation costs. The costs account for the incremental variable and fixed costs incurred by manufacturers due to the proposed standards, some of
  which may be incurred in preparation for the rule. The Primary, Low Net Benefits, and High Net Benefits Estimates utilize projections of energy prices
  and real GDP from the AEO2016 No-CPP case, a Low Economic Growth case, and a High Economic Growth case, respectively. In addition, incremental
  equipment costs reflect the default price trend in the Primary Estimate, a high price trend in the Low Benefits Estimate, and a low price trend in the
  High Benefits Estimate. The methods used to derive projected price trends are explained in section IV.F.1 of the DFR. Note that the Benefits and Costs
  may not sum to the Net Benefits due to rounding.
** The interagency group selected four sets of SC-CO2 SC-CH4, and SC-N2O values for use in regulatory analyses. Three sets of values are based on the
  average social costs from the integrated assessment models, at discount rates of 5 percent, 3 percent, and 2.5 percent. The fourth set, which
  represents the 95th percentile of the social cost distributions calculated using a 3-percent discount rate, is included to represent higher-than-
  expected impacts from climate change further out in the tails of the social cost distributions. The social cost values are emission year specific. The
  GHG reduction benefits are global benefits due to actions that occur nationally. See section IV.L of the DFR for more details.
[dagger] DOE estimated the monetized value of NOX emissions reductions associated with electricity savings using benefit per ton estimates from the
  Regulatory Impact Analysis for the Clean Power Plan Final Rule, published in August 2015 by EPA's Office of Air Quality Planning and Standards.
  (Available at www.epa.gov/cleanpowerplan/clean-power-plan-final-rule-regulatory-impact-analysis.) See section IV.L.3 for further discussion. For the
  Primary Estimate and Low Net Benefits Estimate, DOE used national benefit-per-ton estimates for NOX emitted from the Electric Generating Unit sector
  based on an estimate of premature mortality derived from the ACS study (Krewski et al. 2009). For the High Net Benefits Estimate, the benefit-per-ton
  estimates were based on the Six Cities study (Lepuele et al. 2011); these are nearly two-and-a-half times larger than those from the ACS study.
[Dagger] Total Benefits for both the 3-percent and 7-percent cases are presented using the average social costs with 3-percent discount rate. In the
  rows labeled ``7% plus GHG range'' and ``3% plus GHG range,'' the operating cost and NOX benefits are calculated using the labeled discount rate, and
  those values are added to the full range of social cost values.
[dagger][dagger] Manufacturers are estimated to incur $35.6 million in conversion costs between 2017 and 2020.

III. Other Prescriptive Requirements

    As part of the DPPP Working Group's extended charter, the DPPP 
Working Group considered requirements for pumps distributed in commerce 
with freeze protections controls. (Docket No. EERE-2013-BT-NOC-0005, 
No. 71 at pp. 20-52) Freeze protection controls, as defined in the test 
procedure final rule, are controls that, at certain ambient 
temperature, turn on the dedicated-purpose pool pump to circulate water 
for a period of time to prevent the pool and water in plumbing from 
freezing. As the control schemes for freeze protection vary widely 
between manufacturers, the resultant energy consumption associated with 
such control can also vary depending on control settings and climate. 
To ensure freeze protection controls on dedicated-purpose pool pumps 
only operate when necessary and do not result in unnecessary energy 
use, the DPPP Working Group recommended establishing prescriptive 
requirements for dedicated-purpose pool pumps that are distributed in 
commerce with freeze protection controls. Specifically, the DPPP 
Working Group made the following recommendation, which it purports to 
maintain end-user utility while also reducing energy consumption:
    All dedicated-purpose pool pumps distributed in commerce with 
freeze

[[Page 5453]]

protection controls must be shipped either with freeze protection 
disabled, or with the following default, user-adjustable settings: (1) 
The default dry-bulb air temperature setting is no greater than 
40[emsp14][deg]F; and (2) the default run time setting shall be no 
greater than 1 hour (before the temperature is rechecked); and (3) the 
default motor speed shall not be more than half of the maximum 
available speed. Id. (Docket No. EERE-2015-BT-STD-0008, No. 82, 
Recommendation #6A at p. 4). DOE agrees with the DPPP Working Group's 
reasoning, and given the considerations discussed in section III.A of 
the Direct Final Rule, DOE proposes to adopt the recommended 
prescriptive standard for dedicated-purpose pool pumps distributed in 
commerce with freeze protection controls.

IV. Procedural Issues and Regulatory Review

    The regulatory reviews conducted for this proposed rule are 
identical to those conducted for the direct final rule published 
elsewhere in Federal Register. Please see the direct final rule for 
further details.

V. Public Participation

A. 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. Interested parties may submit comments, data, and other 
information using any of the methods described in the ADDRESSES section 
at the beginning of this proposed rule.
    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 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 Web site 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 mail. 
Comments and documents submitted via email, hand delivery/courier, or 
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 in 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 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, that are 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, postal mail, or hand delivery/courier 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. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person that would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    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).

B. Public Meeting

    As stated previously, if DOE withdraws the direct final rule 
published elsewhere in the Federal Register pursuant to 42 U.S.C. 
6295(p)(4)(C), DOE will hold a public meeting to allow for additional 
comment on this proposed rule. DOE will publish notice of any meeting 
in the Federal Register.

[[Page 5454]]

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Imports, Intergovernmental relations, 
Small businesses.

    Issued in Washington, DC, on December 23, 2016.
David J. Friedman,
Acting Assistant SecretaryEnergy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, DOE proposes to amend 
part 431 of chapter II, subchapter D, of title 10 of the Code of 
Federal Regulations, as set forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. 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
2. Section 431.462 is amended by adding the definition for ``pool pump 
timer'' in alphabetical order to read as follows:


Sec.  431.462   Definitions.

* * * * *
    Pool pump timer means a pool pump control that automatically turns 
off a dedicated-purpose pool pump after a run-time of no longer than 10 
hours.
* * * * *
0
3. Section 431.465 is amended by adding paragraphs (e), (f), (g) and 
(h) to read as follows:


Sec.  431.465  Pumps energy conservation standards and their compliance 
dates.

* * * * *
    (e) For the purposes of paragraph (f) of this section, ``WEF'' 
means the weighted energy factor and ``hhp'' means the rated hydraulic 
horsepower, as determined in accordance with the test procedure in 
Sec.  431.464(b) and applicable sampling plans in Sec.  429.59 of this 
chapter.
    (f) Each dedicated-purpose pool pump that is not a submersible pump 
and is manufactured starting on July 19, 2021 must have a WEF rating 
that is not less than the value calculated from the following table:

----------------------------------------------------------------------------------------------------------------
                       Equipment class                           Minimum allowable WEF
--------------------------------------------------------------      score [kgal/kWh]       Minimum allowable WEF
                                                              ---------------------------    score [kgal/kWh]
 Dedicated-Purpose Pool Pump Variety     hhp  Applicability           Motor phase
----------------------------------------------------------------------------------------------------------------
Self-priming pool filter pumps......  0.711 hp <= hhp < 2.5    Single...................  WEF = -2.30 * ln (hhp)
                                       hp.                                                 + 6.59.
Self-priming pool filter pumps......  hhp < 0.711 hp.........  Single...................  WEF = 5.55, for hhp <=
                                                                                           1.30. hp
                                                                                          - 1.30 * ln (hhp) +
                                                                                           2.90, for hhp > 0.13
                                                                                           hp.
Non-self-priming pool filter pumps..  hhp < 2.5 hp...........  Any......................  WEF = 4.60, for hhp <=
                                                                                           0.13 hp
                                                                                          -0.85 * ln (hhp) +
                                                                                           2.87, for hhp > 0.13
                                                                                           hp.
Pressure cleaner booster pumps......  Any....................  Any......................  WEF = 0.42
----------------------------------------------------------------------------------------------------------------

    (g) Each integral cartridge filter pool pump and integral sand 
filter pool 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 that is shipped with the pump.
    (h) For all dedicated-purpose pool pumps distributed in commerce 
with freeze protection controls, the pump must be shipped with freeze 
protection disabled or with the following default, user-adjustable 
settings:
    (1) The default dry-bulb air temperature setting is no greater than 
40[emsp14][deg]F;
    (2) The default run time setting shall be no greater than 1 hour 
(before the temperature is rechecked); and
    (3) The default motor speed shall not be more than \1/2\ of the 
maximum available speed.

[FR Doc. 2016-31665 Filed 1-17-17; 8:45 am]
 BILLING CODE 6450-01-P



                                                    5446                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    part 72 Certificate of Compliance                          For the Nuclear Regulatory Commission.              information number (RIN) 1904–AD52.
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                                                    submissions available to the public or                                                                         Participation’’).
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                                                    initial CoC and subsequent amendments                   rule, DOE will publish a notice                        Energy through the methods listed
                                                    (hereafter referred to as CoCs, whether                 withdrawing the direct final rule and                  above and by email to Chad_S_
                                                    initial CoCs or subsequent amendments)                  will proceed with this proposed rule.                  Whiteman@omb.eop.gov.
                                                    to make administrative corrections and                  DATES: DOE will accept comments, data,                    EPCA requires the Attorney General
                                                    technical changes using the existing                    and information regarding the proposed                 to provide DOE a written determination
                                                    regulatory framework in 10 CFR part 72.                 standards no later than May 8, 2017.                   of whether the proposed standard is
                                                      The NRC issues RISs to communicate                       Comments regarding the likely                       likely to lessen competition. The U.S.
                                                    with stakeholders on a broad range of                   competitive impact of the proposed                     Department of Justice Antitrust Division
                                                    matters.                                                standard should be sent to the                         invites input from market participants
                                                                                                            Department of Justice contact listed in                and other interested persons with views
                                                    III. Proposed Action                                    the ADDRESSES section before February                  on the likely competitive impact of the
                                                                                                            17, 2017.                                              proposed standard. Interested persons
                                                       The NRC is requesting public
                                                                                                            ADDRESSES: If DOE withdraws the direct                 may contact the Division at
                                                    comments on the draft RIS. All
                                                                                                            final rule published elsewhere in the                  energy.standards@usdoj.gov before
                                                    comments that are to receive
                                                                                                            Federal Register, DOE will hold a                      February 17, 2017. Please indicate in the
                                                    consideration in the final RIS must still
                                                                                                            public meeting to allow for additional                 ‘‘Subject’’ line of your email the title
                                                    be submitted electronically or in writing
                                                                                                            comment on this proposed rule. DOE                     and Docket Number of this rulemaking
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                                                    as indicated in the ADDRESSES section of
                                                                                                            will publish notice of any public                      notice.
                                                    this document. The NRC staff will make                  meeting in the Federal Register.                          Docket: The docket, which includes
                                                    a final determination regarding issuance                   Instructions: Any comments                          Federal Register notices, public meeting
                                                    of the RIS after it considers any public                submitted must identify the NOPR on                    attendee lists and transcripts,
                                                    comments received in response to this                   Energy Conservation Standards for                      comments, and other supporting
                                                    request.                                                Dedicated-Purpose Pool Pumps, and                      documents/materials, is available for
                                                      Dated at Rockville, Maryland, this 20th day           provide docket number EERE–2015–                       review at www.regulations.gov. All
                                                    of December 2016.                                       BT–STD–0008 and/or regulatory                          documents in the docket are listed in


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                                                                          Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                           5447

                                                    the www.regulations.gov index.                          industrial equipment.2 ‘‘Pumps’’ are                   Moreover, DOE may not prescribe a
                                                    However, some documents listed in the                   listed as a type of covered industrial                 standard (1) for certain equipment,
                                                    index may not be publicly available,                    equipment. (42 U.S.C. 6311(1)(A))                      including dedicated-purpose pool
                                                    such as those containing information                       While pumps are listed as a type of                 pumps, if no test procedure has been
                                                    that is exempt from public disclosure.                  covered equipment, EPCA does not                       established for the product, or (2) if DOE
                                                      The docket Web page can be found at                   define the term ‘‘pump.’’ To address                   determines by rule that the standard is
                                                    https://www.regulations.gov/docket?D=                   this, in January 2016, DOE published a                 not technologically feasible or
                                                    EERE-2015-BT-STD-0008. The docket                       test procedure final rule (January 2016                economically justified. (42 U.S.C.
                                                    Web page contains simple instructions                   general pumps test procedure final rule)               6295(o) and 6316(a)) In deciding
                                                    on how to access all documents,                         that established a definition for the term             whether a proposed standard is
                                                    including public comments, in the                       ‘‘pump.’’ 81 FR 4086, 4147 (January 25,                economically justified, DOE must
                                                    docket. See section III, ‘‘Public                       2016). In the December, 2016 test                      determine whether the benefits of the
                                                    Participation,’’ for further information                procedure final rule (‘‘test procedure                 standard exceed its burdens. DOE must
                                                    on how to submit comments through                       final rule’’),3 DOE noted the                          make this determination after receiving
                                                    www.regulations.gov.                                    applicability of the definition of                     comments on the proposed standard,
                                                                                                            ‘‘pump’’ and associated terms to                       and by considering, to the greatest
                                                    FOR FURTHER INFORMATION CONTACT:    Mr.
                                                                                                            dedicated-purpose pool pumps.                          extent practicable, the following seven
                                                    John Cymbalsky, U.S. Department of                         Pursuant to EPCA, DOE’s energy
                                                    Energy, Office of Energy Efficiency and                                                                        statutory factors:
                                                                                                            conservation program for covered                          1. The economic impact of the
                                                    Renewable Energy, Building                              equipment consists essentially of four
                                                    Technologies Office, EE–5B, 1000                                                                               standard on manufacturers and
                                                                                                            parts: (1) Testing, (2) labeling, (3) the              consumers of the equipment subject to
                                                    Independence Avenue SW.,                                establishment of Federal energy
                                                    Washington, DC, 20585–0121.                                                                                    the standard;
                                                                                                            conservation standards, and (4)                           2. The savings in operating costs
                                                    Telephone: (202) 586–9507. Email:                       certification and enforcement                          throughout the estimated average life of
                                                    ApplianceStandardsQuestions@                            procedures. Subject to certain criteria                the covered equipment in the type (or
                                                    ee.doe.gov.                                             and conditions, DOE is required to
                                                      Ms. Johanna Jochum, U.S. Department                                                                          class) compared to any increase in the
                                                                                                            develop test procedures to measure the                 price, initial charges, or maintenance
                                                    of Energy, Office of the General Counsel,               energy efficiency, energy use, or
                                                    GC–33, 1000 Independence Avenue                                                                                expenses for the covered equipment that
                                                                                                            estimated annual operating cost of                     are likely to result from the standard;
                                                    SW., Washington, DC, 20585–0121.                        covered equipment. (42 U.S.C.                             3. The total projected amount of
                                                    Telephone: (202) 287–6307. Email:                       6295(o)(3)(A) and 6316(a))                             energy (or as applicable, water) savings
                                                    Johanna.Jochum@hq.doe.gov.                              Manufacturers of covered equipment                     likely to result directly from the
                                                      For further information on how to                     must use the prescribed DOE test                       standard;
                                                    submit a comment, review other public                   procedure as the basis for certifying to                  4. Any lessening of the utility or the
                                                    comments and the docket, or participate                 DOE that their equipment complies with                 performance of the covered equipment
                                                    in the public meeting, contact the                      the applicable energy conservation                     likely to result from the standard;
                                                    Appliance and Equipment Standards                       standards adopted under EPCA, and                         5. The impact of any lessening of
                                                    Program staff at (202) 586–6636 or by                   when making representations to the                     competition, as determined in writing
                                                    email: ApplianceStandardsQuestions@                     public regarding their energy use or                   by the Attorney General, that is likely to
                                                    ee.doe.gov.                                             efficiency. (42 U.S.C. 6314(d)) Similarly,             result from the standard;
                                                    SUPPLEMENTARY INFORMATION:                              DOE must use these test procedures to                     6. The need for national energy and
                                                                                                            determine whether the equipment                        water conservation; and
                                                    Table of Contents                                       complies with standards adopted                           7. Other factors the Secretary of
                                                    I. Introduction                                         pursuant to EPCA. Id. The DOE test                     Energy (Secretary) considers relevant.
                                                       A. Authority                                         procedures for dedicated-purpose pool                     (42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII))
                                                       B. Background                                        pumps appear at title 10 of the Code of                and 6316(a))
                                                    II. Proposed Standards                                  Federal Regulations (CFR) part 431,                       Further, EPCA establishes a rebuttable
                                                       1. Benefits and Burdens of Standards                 subpart Y, appendix B.                                 presumption that a standard is
                                                          Considered for Dedicated-Purpose Pool                DOE must follow specific statutory                  economically justified if the Secretary
                                                          Pumps                                                                                                    finds that the additional cost to the
                                                                                                            criteria for prescribing new or amended
                                                       2. Summary of Annualized Benefits and
                                                          Costs of the Proposed Standards
                                                                                                            standards for covered equipment,                       consumer of purchasing a product
                                                    III. Other Prescriptive Requirements                    including dedicated-purpose pool                       complying with an energy conservation
                                                    IV. Procedural Issues and Regulatory Review             pumps. Any new or amended standard                     standard level will be less than three
                                                    V. Public Participation                                 for covered equipment must be designed                 times the value of the energy savings
                                                       A. Submission of Comments                            to achieve the maximum improvement                     during the first year that the consumer
                                                       B. Public Meeting                                    in energy efficiency that is                           will receive as a result of the standard,
                                                    VI. Approval of the Office of the Secretary             technologically feasible and                           as calculated under the applicable test
                                                    I. Introduction                                         economically justified. (42 U.S.C.                     procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
                                                                                                            6313(a)(6)(C), 6295(o), and 6316(a))                   and 6316(a))
                                                    A. Authority                                            Furthermore, DOE may not adopt any                        EPCA also contains what is known as
                                                                                                            standard that would not result in the                  an ‘‘anti-backsliding’’ provision, which
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                                                      Title III, Part C 1 of the Energy Policy
                                                    and Conservation Act of 1975 (EPCA),                    significant conservation of energy. (42                prevents the Secretary from prescribing
                                                    (42 U.S.C. 6311–6317, as codified)                      U.S.C. 6295(o)(3)) and 6316(a))                        any amended standard that either
                                                    established the Energy Conservation                                                                            increases the maximum allowable
                                                    Program for Certain Industrial
                                                                                                              2 All references to EPCA refer to the statute as
                                                                                                                                                                   energy use or decreases the minimum
                                                                                                            amended through the Energy Efficiency                  required energy efficiency of a covered
                                                    Equipment, a program covering certain                   Improvement Act of 2015, Public Law 114–11
                                                                                                            (April 30, 2015).                                      product. (42 U.S.C. 6295(o)(1)) and
                                                      1 For editorial reasons, upon codification in the       3 See https://www1.eere.energy.gov/buildings/        6316(a)) Also, the Secretary may not
                                                    U.S. Code, Part C was re-designated Part A–1.           appliance_standards/standards.aspx?productid=41.       prescribe an amended or new standard


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                                                    5448                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    if interested persons have established by               and 6316(a)) That statement must                       unanimously to approve the December
                                                    a preponderance of the evidence that                    contain recommendations with respect                   2015 DPPP Working Group
                                                    the standard is likely to result in the                 to an energy or water conservation                     recommendations during its January 20,
                                                    unavailability in the United States in                  standard that are in accordance with the               2016 meeting. (Docket No. EERE–2015–
                                                    any covered product type (or class) of                  provisions of 42 U.S.C. 6295(o). (42                   BT–STD–0008, No. 0052) At the January
                                                    performance characteristics (including                  U.S.C. 6295(p)(4)(A)(i)) A notice of                   20, 2016 ASRAC meeting, the DPPP
                                                    reliability), features, sizes, capacities,              proposed rulemaking (NOPR) that                        Working Group also requested more
                                                    and volumes that are substantially the                  proposes an identical energy efficiency                time to discuss potential energy
                                                    same as those generally available in the                standard must be published                             conservation standards for dedicated-
                                                    United States. (42 U.S.C. 6295(o)(4) and                simultaneously with the direct final rule              purpose pool pumps. In response,
                                                    6316(a))                                                and a public comment period of at least                ASRAC recommended that the DPPP
                                                       Additionally, EPCA specifies                         110 days provided. (42 U.S.C.                          Working Group continue its work in a
                                                    requirements when promulgating an                       6295(p)(4)(A)–(B)) Not later than 120                  second phase of negotiations to
                                                    energy conservation standard for a                      days after issuance of the direct final                recommend potential energy
                                                    covered product that has two or more                    rule, if DOE receives one or more                      conservation standards for dedicated-
                                                    subcategories. DOE must specify a                       adverse comments or an alternative joint               purpose pool pumps. (Docket No.
                                                    different standard level for a type or                  recommendation relating to the direct                  EERE–2013–BT–NOC–0005, No. 71 at
                                                    class of products that has the same                     final rule, the Secretary must determine               pp. 20–52)
                                                    function or intended use if DOE                         whether the comments or alternative                       The second phase of meetings
                                                    determines that equipment within such                   joint recommendation may provide a                     commenced on March 21, 2016 and
                                                    group (a) consumes a different kind of                  reasonable basis for withdrawal under                  concluded on June 23, 2016, with
                                                    energy from that consumed by other                      42 U.S.C. 6295(o) or other applicable                  approval of a second term sheet (June
                                                    covered equipment within such type (or                  law. (42 U.S.C. 6295(p)(4)(C)(i)) If the               2016 DPPP Working Group
                                                    class); or (b) has a capacity or other                  Secretary makes such a determination,                  recommendations). This term sheet
                                                    performance-related feature that other                  DOE must withdraw the direct final rule                contained DPPP Working Group
                                                    equipment within such type (or class)                   and proceed with the simultaneously                    recommendations on performance-based
                                                    do not have and such feature justifies a                published NOPR, and publish in the                     energy conservation standard levels,
                                                    higher or lower standard. (42 U.S.C.                    Federal Register the reason why the                    scope of such standards, certain
                                                    6295(q)(1) and 6316(a)) In determining                  direct final rule was withdrawn. (42                   prescriptive requirements, certain
                                                    whether a performance-related feature                   U.S.C. 6295(p)(4)(C)(ii))                              labeling requirements, certain
                                                    justifies a different standard for a group                                                                     definitions, and certain amendments to
                                                    of equipment, DOE must consider such                    B. Background                                          its previous test procedure
                                                    factors as the utility to the consumer of                  DOE began the separate rulemaking                   recommendations. (Docket No. EERE–
                                                    such a feature and other factors DOE                    for dedicated-purpose pool pumps on                    2015–BT–STD–0008, No. 82) ASRAC
                                                    deems appropriate. Id. Any rule                         May 8, 2015, when it issued a Request                  subsequently voted unanimously to
                                                    prescribing such a standard must                        for Information (RFI) (May 2015 DPPP                   approve the June 2016 DPPP Working
                                                    include an explanation of the basis on                  RFI). 80 FR 26475. Consistent with                     Group recommendations during the July
                                                    which such higher or lower level was                    feedback from these interested parties,                29, 2016 meeting.
                                                    established. (42 U.S.C. 6295(q)(2) and                  DOE began a process through the                           After carefully considering the
                                                    6316(a))                                                ASRAC to charter a working group to                    consensus recommendations submitted
                                                       Federal energy conservation                          recommend energy conservation                          by the DPPP Working Group and
                                                    requirements generally supersede State                  standards and a test procedure for                     adopted by ASRAC, DOE has
                                                    laws or regulations concerning energy                   dedicated-purpose pool pumps rather                    determined that these recommendations
                                                    conservation testing, labeling, and                     than continuing down the traditional                   comprised a statement submitted by
                                                    standards. (42 U.S.C. 6297(a)–(c) and                   notice and comment route that DOE had                  interested persons who are fairly
                                                    6316(a)) DOE may, however, grant                        already begun. (Docket No. EERE–2015–                  representative of relevant points of view
                                                    waivers of Federal preemption for                       BT–STD–0008) On August 25, 2015,                       on this matter. In reaching this
                                                    particular State laws or regulations, in                DOE published a notice of intent to                    determination, DOE took into
                                                    accordance with the procedures and                      establish a working group for dedicated-               consideration the fact that the Working
                                                    other provisions set forth under 42                     purpose pool pumps (the DPPP Working                   Group, in conjunction with ASRAC
                                                    U.S.C. 6297(d).                                         Group). 80 FR 51483. DOE selected the                  members who approved the
                                                       With particular regard to direct final               members of the DPPP Working Group to                   recommendations, consisted of
                                                    rules, the Energy Independence and                      ensure a broad and balanced array of                   representatives of manufacturers of
                                                    Security Act of 2007 (EISA 2007), Pub.                  interested parties and expertise,                      covered products, States, and efficiency
                                                    Law 110–140 (December 19, 2007),                        including representatives from                         advocates—all of which are groups
                                                    amended EPCA, in relevant part, to                      efficiency advocacy organizations and                  specifically identified by Congress as
                                                    grant DOE authority to issue a type of                  manufacturers, as well as one                          relevant parties to any consensus
                                                    final rule (i.e., a ‘‘direct final rule’’)              representative from a state government                 recommendation. (42 U.S.C.
                                                    establishing an energy conservation                     organization. Additionally, one member                 6295(p)(4)(A)
                                                    standard for a product or equipment                     from ASRAC and one DOE                                    DOE has considered the
                                                    (including dedicated-purpose pool                       representative were part of the group.                 recommended energy conservation
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                                                    pumps) on receipt of a statement                           The DPPP Working Group completed                    standards and believes that they meet
                                                    submitted jointly by interested persons                 its initial charter on December 8, 2015,               the EPCA requirements for issuance of
                                                    that are fairly representative of relevant              with a consensus vote to approve a term                a direct final rule. As a result, DOE
                                                    points of view (including                               sheet containing recommendations to                    published a direct final rule establishing
                                                    representatives of manufacturers of                     DOE on scope, metric, and the basis of                 energy conservation standards for pool
                                                    covered equipment, States, and                          test procedure (‘‘December 2015 DPPP                   pumps elsewhere in Federal Register. If
                                                    efficiency advocates), as determined by                 Working Group recommendations’’).                      DOE receives adverse comments that
                                                    the Secretary. (42 U.S.C. 6295(p)(4)(A))                ASRAC subsequently voted                               may provide a reasonable basis for


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                                                                                Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                                                                                 5449

                                                    withdrawal and withdraws the direct                                     procedures used to measure the energy                                      each trial standard level (TSL) for pool
                                                    final rule, DOE will consider those                                     efficiency of pool pumps. The document                                     pumps. The national impacts are
                                                    comments and any other comments                                         also contains an in-depth discussion of                                    measured over the lifetime of dedicated-
                                                    received in determining how to proceed                                  the analyses conducted in support of                                       purpose pool pumps purchased in the
                                                    with this proposed rule.                                                this rulemaking, the methodologies DOE                                     30-year period that begins in the
                                                       For further background information                                   used in conducting those analyses, and                                     anticipated year of compliance with
                                                    on these proposed standards and the                                     the analytical results.                                                    new standards (2021–2050). The energy
                                                    supporting analyses, please see the                                                                                                                savings, emissions reductions, and
                                                    direct final rule published elsewhere in                                II. Proposed Standards
                                                                                                                                                                                                       value of emissions reductions refer to
                                                    Federal Register. That document                                         1. Benefits and Burdens of Standards                                       full-fuel-cycle results. The efficiency
                                                    includes additional discussion of the                                   Considered for Dedicated-Purpose Pool
                                                    EPCA requirements for promulgation of                                                                                                              levels contained in each TSL are
                                                                                                                            Pumps                                                                      described in section V.A of the direct
                                                    energy conservation standards; the
                                                    history of the standards rulemaking for                                   Table II.1 and Table II.2 summarize                                      final rule.
                                                    pool pumps; and information on the test                                 the quantitative impacts estimated for

                                                                            TABLE II.1—SUMMARY OF ANALYTICAL RESULTS FOR POOL PUMPS TSLS: NATIONAL IMPACTS
                                                                                           Category                                                        TSL 1                    TSL 2                    TSL 3                    TSL 4                    TSL 5

                                                    Cumulative FFC National Energy Savings quads
                                                                                                                                                     0.79 ..............      3.0 ................     3.8 ................     4.1 ................     4.6
                                                    NPV of Consumer Costs and Benefits billion 2015$
                                                        3% discount rate ..................................................................          5.1 ................     17 .................     24 .................     21 .................     25
                                                        7% discount rate ..................................................................          2.5 ................     8.1 ................     11 .................     10 .................     12
                                                    Cumulative FFC Emissions Reduction.
                                                        CO2 million metric tons ........................................................             42 .................     160 ...............      202 ...............      216 ...............      246
                                                        SO2 thousand tons ...............................................................            31 .................     116 ...............      147 ...............      156 ...............      178
                                                        NOX thousand tons ..............................................................             53 .................     203 ...............      257 ...............      275 ...............      313
                                                        Hg tons .................................................................................    0.10 ..............      0.39 ..............      0.50 ..............      0.53 ..............      0.60
                                                        CH4 thousand tons ...............................................................            200 ...............      765 ...............      968 ...............      1,035 ............       1,179
                                                        N2O thousand tons ...............................................................            0.62 ..............      2.3 ................     3.0 ................     3.2 ................     3.6
                                                    Value of Emissions Reduction
                                                        CO2 billion 2015$* ................................................................          0.327 to                 1.207 to                 1.524 to                 1.624 to                 1.841 to
                                                                                                                                                       4.388.                   16.402.                  20.724.                  22.104.                  25.113
                                                          CH4 billion 2015$ .................................................................        0.069 to                 0.256 to                 0.324 to                 0.346 to                 0.393 to
                                                                                                                                                       0.549.                   2.082.                   2.632.                   2.812.                   3.202
                                                          N2O billion 2015$ .................................................................        0.002 to                 0.007 to                 0.008 to                 0.009 to                 0.010 to
                                                                                                                                                       0.019.                   0.072.                   0.091.                   0.097.                   0.110
                                                          NOX—3% discount rate billion 2015$ ..................................                      0.103 to                 0.378 to                 0.477 to                 0.508 to                 0.575 to
                                                                                                                                                       0.231.                   0.851.                   1.075.                   1.144.                   1.297
                                                          NOX—7% discount rate billion 2015$ ..................................                      0.047 to                 0.167 to                 0.210 to                 0.222 to                 0.25 to 0.566
                                                                                                                                                       0.106.                   0.377.                   0.475.                   0.503.
                                                       Parentheses indicate negative (¥) values.
                                                       * Range of the economic value of CO2 reductions is based on estimates of the global benefit of reduced CO2 emissions.

                                                                     TABLE II.2—MANUFACTURER AND CONSUMER IMPACTS FOR DEDICATED-PURPOSE POOL PUMPS TSLS
                                                                                           Category                                                        TSL 1*                   TSL 2*                   TSL 3*                   TSL 4*                   TSL 5*

                                                    Manufacturer Impacts
                                                        Industry NPV million 2015$ (No-standards case INPV =                                         201.0–210.9              178.8–200.2              166.5–219.8              126.2–195.9              36.8–110.5
                                                           $212.8).
                                                        Industry NPV % change .......................................................                (5.5)–(0.9) ....         (16.0)–(5.9) ..          (21.8)–3.3 .....         (40.7)–(7.9) ..          (82.7)–(48.1)
                                                    Consumer Average LCC Savings 2015$.
                                                        Standard-Size Self-Priming Pool Filter Pump ......................                           669 ...............      1,779 ............       2,140 ............       2,140 ............       2,085
                                                        Small-Size Self-Priming Pool Filter Pump ...........................                         295 ...............      322 ...............      295 ...............      360 ...............      414
                                                        Standard-Size Non-Self-Priming Pool Filter Pump ..............                               191 ...............      35 .................     191 ...............      10 .................     93
                                                        Extra-Small Non-Self-Priming Pool Filter Pump ..................                             36 .................     36 .................     36 .................     10 .................     10
                                                        Waterfall Pump .....................................................................         (3) .................    (3) .................    n/a ................     (20) ...............     13
                                                        Pressure Cleaner Booster Pump .........................................                      111 ...............      111 ...............      111 ...............      (372) .............      (313)
                                                        Integral Cartridge Filter Pump ..............................................                n/a ................     n/a ................     128 ...............      n/a ................     n/a
                                                        Integral Sand Filter Pump ....................................................               n/a ................     n/a ................     73 .................     n/a ................     n/a
                                                    Consumer Simple PBP years
                                                        Standard-Size Self-Priming Pool Filter Pump ......................                           0.6   ................   0.7   ................   0.7   ................   0.7   ................   0.6
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                                                        Small-Size Self-Priming Pool Filter Pump ...........................                         0.8   ................   2.0   ................   0.8   ................   2.1   ................   1.9
                                                        Standard-Size Non-Self-Priming Pool Filter Pump ..............                               0.2   ................   2.3   ................   0.2   ................   2.3   ................   2.1
                                                        Extra-Small Non-Self-Priming Pool Filter Pump ..................                             0.9   ................   0.9   ................   0.9   ................   1.6   ................   1.6
                                                        Waterfall Pumps ...................................................................          4.5   ................   4.5   ................   n/a   ................   5.4   ................   3.7
                                                        Pressure Cleaner Booster Pumps .......................................                       0.6   ................   0.6   ................   0.6   ................   6.0   ................   5.1
                                                        Integral Cartridge Filter Pump ..............................................                n/a   ................   n/a   ................   0.4   ................   n/a   ................   n/a
                                                        Integral Sand Filter Pump ....................................................               n/a   ................   n/a   ................   0.5   ................   n/a   ................   n/a
                                                    Percent of Consumers that Experience a Net Cost %
                                                        Standard-Size Self-Priming Pool Filter Pump ......................                           1 ...................    5 ...................    10 .................     10 .................     8



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                                                    5450                     Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                         TABLE II.2—MANUFACTURER AND CONSUMER IMPACTS FOR DEDICATED-PURPOSE POOL PUMPS TSLS—Continued
                                                                                        Category                                                     TSL 1*                  TSL 2*                  TSL 3*                  TSL 4*                  TSL 5*

                                                         Small-Size Self-Priming Pool Filter Pump ...........................                   4 ...................   27 .................    4 ...................   29 .................   26
                                                         Standard-Size Non-Self-Priming Pool Filter Pump ..............                         0 ...................   58 .................    0 ...................   51 .................   47
                                                         Extra-Small Non-Self-Priming Pool Filter Pump ..................                       4 ...................   4 ...................   4 ...................   39 .................   39
                                                         Waterfall Pumps ...................................................................    50 .................    50 .................    n/a ................    70 .................   55
                                                         Pressure Cleaner Booster Pumps .......................................                 0 ...................   0 ...................   0 ...................   69 .................   68
                                                         Integral Cartridge Filter Pump ..............................................          n/a ................    n/a ................    3 ...................   n/a ................   n/a
                                                         Integral Sand Filter Pump ....................................................         n/a ................    n/a ................    3 ...................   n/a ................   n/a
                                                       * Parentheses indicate negative (¥) values.


                                                       DOE first considered TSL 5, which                                pumps, the benefits of energy savings,                                  self-priming pumps to 70 percent for
                                                    represents the max-tech efficiency                                  positive NPV of consumer benefits,                                      waterfall pumps.
                                                    levels. TSL 5 would save an estimated                               emission reductions, and the estimated                                     At TSL 4, the projected change in
                                                    4.6 quads of energy, an amount DOE                                  monetary value of the emissions                                         INPV ranges from a decrease of $86.6
                                                    considers significant. Under TSL 5, the                             reductions would be outweighed by the                                   million to a decrease of $16.9 million,
                                                    NPV of consumer benefit would be $12                                economic burden on some consumers,                                      which correspond to decreases of 40.7
                                                    billion using a discount rate of 7                                  and the significant impacts on                                          percent and 7.9 percent, respectively.
                                                    percent, and $25 billion using a                                    manufacturers, including the large                                      DOE estimates that industry must invest
                                                    discount rate of 3 percent.                                         conversion costs and profit margin                                      $68.4 million to comply with standards
                                                       The cumulative emissions reductions                              impacts that could result in a large                                    set at TSL 4.
                                                    at TSL 5 are 246 Mt of CO2; 178                                     reduction in INPV. Consequently, the                                       The Secretary tentatively concludes
                                                    thousand tons of SO2; 313 thousand                                  Secretary has tentatively concluded that                                that at TSL 4 for dedicated-purpose pool
                                                    tons of NOX´ 0.60 tons of Hg; 1,179                                 TSL 5 is not economically justified.                                    pumps, the benefits of energy savings,
                                                    thousand tons of CH4´ and 3.6 thousand                                 DOE then considered TSL 4, which                                     positive NPV of consumer benefits,
                                                    tons of N2O. The estimated monetary                                 represents efficiency levels based on                                   emission reductions, and the estimated
                                                    value of the GHG emissions reduction at                             variable speed technology for most                                      monetary value of the emissions
                                                    TSL 5 ranges from $1.8 billion to $25                               equipment classes. TSL 4 would save an                                  reductions, would be outweighed by the
                                                    billion for CO2, from $393 million to                               estimated 4.1 quads of energy, an                                       economic burden on some consumers,
                                                    3,202 million for CH4, and from $10                                 amount DOE considers significant.                                       and the significant impacts on
                                                    million to $110 million for N2O. The                                Under TSL 4, the NPV of consumer                                        manufacturers, including the large
                                                    estimated monetary value of the NOX                                 benefit would be $10 billion using a                                    conversion costs and profit margin
                                                    emissions reduction at TSL 5 is $250                                discount rate of 7 percent, and $21                                     impacts that could result in a large
                                                    million using a 7-percent discount rate                             billion using a discount rate of 3                                      reduction in INPV. Consequently, the
                                                    and $575 million using a 3-percent                                  percent.                                                                Secretary has tentatively concluded that
                                                    discount rate.                                                                                                                              TSL 4 is not economically justified.
                                                       At TSL 5, the average LCC impact is                                 The cumulative emissions reductions                                     DOE then considered TSL 3, the
                                                    a savings that ranges from $10 for extra-                           at TSL 4 are 216 Mt of CO2, 156                                         recommended TSL, which would save
                                                    small non-self-priming pumps, to                                    thousand tons of SO2, 275 thousand                                      an estimated 3.8 quads of energy, an
                                                    $2,085 for standard-size self-priming                               tons of NOX, 0.53 tons of Hg,                                           amount DOE considers significant.
                                                    pump, except for pressure cleaner                                   1,035thousand tons of CH4, and 3.2                                      Under TSL 3, the NPV of consumer
                                                    booster pumps, which have a savings of                              thousand tons of N2O. The estimated                                     benefit would be $11 billion using a
                                                    negative $313. The simple payback                                   monetary value of the GHG emissions                                     discount rate of 7 percent, and $24
                                                    period ranges from 0.6 years for                                    reduction at TSL 4 ranges from $1.6                                     billion using a discount rate of 3
                                                    standard-size self-priming pumps to 5.1                             billion to $22 billion for CO2, from $346                               percent.
                                                    years for pressure cleaner booster                                  million to $2,812 million for CH4, and                                     The cumulative emissions reductions
                                                    pumps. The fraction of consumers                                    from $8.8 million to $97 million for                                    at TSL 3 are 202 Mt of CO2, 147
                                                    experiencing a net LCC cost ranges from                             N2O. The estimated monetary value of                                    thousand tons of SO2; 257 thousand
                                                    eight percent for standard-size self-                               the NOX emissions reduction at TSL 4                                    tons of NOX, 0.50 tons of Hg, 968
                                                    priming pumps to 68 percent for                                     is $222 million using a 7-percent                                       thousand tons of CH4; and 3.0 thousand
                                                    pressure cleaner booster pumps.                                     discount rate and $508 million using a                                  tons of N2O. The estimated monetary
                                                       At TSL 5, the projected change in                                3-percent discount rate.                                                value of the GHG emissions reduction at
                                                    INPV ranges from a decrease of $176.0                                  At TSL 4, the average LCC impact is                                  TSL 3 ranges from $1.5 billion to $21
                                                    million to a decrease of $102.3 million,                            a savings that ranges from $10 for extra-                               billion for CO2, from $324 million to
                                                    which correspond to decreases of 82.7                               small non-self-priming pumps, to                                        $2,632 million for CH4, and from $8.3
                                                    percent and 48.1 percent, respectively.                             $2,140 for standard-size self-priming                                   million to $91 million for N2O. The
                                                    DOE estimates that industry must invest                             pumps, except for pressure cleaner                                      estimated monetary value of the NOX
                                                    $199.5 million to comply with                                       booster pumps, which have a savings of                                  emissions reduction at TSL 3 is $210
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                                                    standards set at TSL 5. Manufacturers                               negative $372, and waterfall pumps,                                     million using a 7-percent discount rate
                                                    would need to redesign a significant                                which have a savings of negative $20.                                   and $477 million using a 3-percent
                                                    portion of the equipment they offer,                                The simple payback period ranges from                                   discount rate.
                                                    including hydraulic redesigns to convert                            0.7 years for standard-size self-priming                                   At TSL 3, the average LCC impact is
                                                    the vast majority of their standard-size                            pumps to 6.0 years for pressure cleaner                                 a savings that ranges from $36 for extra-
                                                    self-priming pool filter pumps.                                     booster pumps. The fraction of                                          small non-self-priming pool filter
                                                       The Secretary tentatively concludes                              consumers experiencing a net LCC cost                                   pumps to $2,140 for standard-size self-
                                                    that at TSL 5 for dedicated-purpose pool                            ranges from 10 percent for standard-size                                priming pumps. The simple payback


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                                                                           Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                                                   5451

                                                    period ranges from 0.2 years for                             industry must invest $35.6 million to                                improvement in efficiency that is
                                                    standard-size non-self-priming pool                          comply with standards set at TSL 3.                                  technologically feasible and
                                                    filter pumps to 0.8 years for extra-small                      After considering the analysis and                                 economically justified, and would result
                                                    non-self-priming pool filter pumps. The                      weighing the benefits and burdens, the                               in the significant conservation of
                                                    fraction of consumers experiencing a net                     Secretary has tentatively concluded                                  energy.
                                                    LCC cost ranges from zero percent for                        that, at TSL 3 for dedicated-purpose
                                                                                                                 pool pumps, the benefits of energy                                     Therefore, based on the above
                                                    standard-size non-self-priming pumps
                                                    and pressure cleaner booster pumps to                        savings, positive NPV of consumer                                    considerations, DOE proposes the
                                                    10 percent for standard-size self-priming                    benefits, emission reductions, the                                   energy conservation standards for pool
                                                    pumps.                                                       estimated monetary value of the                                      pumps at TSL 3. The proposed
                                                       At TSL 3, the projected change in                         emissions reductions, and positive                                   performance-based energy conservation
                                                    INPV ranges from a decrease of $46.3                         average LCC savings, would outweigh                                  standards for pool pumps, which are
                                                    million to an increase of $7.0 million,                      the potential negative impacts on                                    expressed as kgal/kWh, are shown in
                                                    which represents a decrease of 21.8                          manufacturers. Accordingly, the                                      Table II.3. The proposed prescriptive
                                                    percent to an increase of 3.3 percent,                       Secretary has tentatively concluded that                             energy conservation standards for pool
                                                    respectively. DOE estimates that                             TSL 3 would offer the maximum                                        pumps are shown in Table II.4.
                                                       TABLE II.3—PROPOSED PERFORMANCE-BASED ENERGY CONSERVATION STANDARDS FOR DEDICATED-PURPOSE POOL
                                                                                                   PUMPS
                                                                                                    Equipment class                                                                           Minimum allowable WEF score
                                                                                                                                                                                                       [kgal/kwh]
                                                          Dedicated-purpose pool pump variety                              hhp Applicability*                  Motor phase

                                                    Self-priming pool filter pumps ...........................   0.711 hp ≤ hhp < 2.5 hp .....                Single .............    ¥2.30 * ln (hhp) + 6.59.
                                                    Self-priming pool filter pumps ...........................   hhp < 0.711 hp ....................          Single .............    5.55, for hhp ≤ 0.13 hp
                                                                                                                                                                                      ¥ 1.30 * ln (hhp) + 2.90, for hhp > 0.13 hp.
                                                    Non-self-priming pool filter pumps** .................       hhp < 2.5 hp ........................        Any .................   4.60, for hhp ≤ 0.13 hp
                                                                                                                                                                                      ¥ 0.85 * ln (hhp) + 2.87, for hhp > 0.13 hp.
                                                    Pressure cleaner booster pumps ......................        Any ......................................   Any .................   0.42.
                                                      * All instances of hhp refer to rated hydraulic horsepower as determined in accordance with the DOE test procedure at 10 CFR 431.464 and
                                                    applicable sampling plans.
                                                      ** Because DOE selected the same efficiency level for both extra-small and standard-size non-self-priming pool filter pumps, the two equip-
                                                    ment classes were ultimately merged into one.

                                                       TABLE II.4—PROPOSED PRESCRIPTIVE ENERGY CONSERVATION STANDARDS FOR DEDICATED-PURPOSE POOL PUMPS
                                                                                     Equipment class
                                                                                                                                                                                      Prescriptive standard
                                                        Dedicated-purpose pool pump                     hhp                  Motor phase
                                                                   variety                           Applicability

                                                    Integral sand filter pool pump ..........      Any .................    Any .................   Must be distributed in commerce with              a pool pump timer that is either
                                                                                                                                                     integral to the pump or a separate               component that is shipped with
                                                                                                                                                     the pump.
                                                    Integral cartridge filter pool pump ....       Any .................    Any .................   Must be distributed in commerce with              a pool pump timer that is either
                                                                                                                                                     integral to the pump or a separate               component that is shipped with
                                                                                                                                                     the pump.



                                                    2. Summary of Annualized Benefits and                          Table II.5 shows the annualized                                    reductions, and $22 million in reduced
                                                    Costs of the Proposed Standards                              values for dedicated-purpose pool                                    NOX emissions. In this case, the net
                                                       The benefits and costs of the proposed                    pumps under TSL 3, expressed in                                      benefit amounts to $1.7 billion per year.
                                                    standards can also be expressed in terms                     2015$. The results under the primary                                   Using a 3-percent discount rate for all
                                                    of annualized values. The annualized                         estimate are as follows.                                             benefits and costs, the estimated cost of
                                                    net benefit is (1) the annualized national                     Using a 7-percent discount rate for                                the adopted standards for dedicated-
                                                    economic value (expressed in 2015$) of                       benefits and costs other than GHG                                    purpose pool pumps is $149 million per
                                                    the benefits from operating equipment                        reduction (for which DOE used average                                year in increased equipment costs,
                                                    that meet the adopted standards                              social costs with a 3-percent discount                               while the estimated annual benefits are
                                                    (consisting primarily of operating cost                      rate),4 the estimated cost of the                                    $1.5 billion in reduced operating costs,
                                                    savings from using less energy, minus                        standards in this rule is $138 million
                                                                                                                                                                                      $449 million in CO2 reductions, and $27
                                                    increases in product purchase costs, and                     per year in increased equipment costs,
                                                                                                                                                                                      million in reduced NOX emissions. In
                                                    (2) the annualized monetary value of the                     while the estimated annual benefits are
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                                                    benefits of GHG and NOX emission                             $1.3 billion in reduced equipment                                    this case, the net benefit amounts to
                                                    reductions.                                                  operating costs, $449 million in GHG                                 $1.8 billion per year.




                                                       4 DOE used average social costs with a 3-percent

                                                    discount rate these values are considered as the
                                                    ‘‘central’’ estimates by the interagency group.

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                                                    5452                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                        TABLE II.5—ANNUALIZED BENEFITS AND COSTS OF PROPOSED STANDARDS (TSL 3) FOR DEDICATED-PURPOSE POOL
                                                                                                      PUMPS
                                                                                                                                                                                                                                 Million 2015$/year
                                                                                                                                                                       Discount rate
                                                                                                                                                                            %                               Primary                Low-net-bene-             High-net-bene-
                                                                                                                                                                                                            estimate                fits estimate             fits estimate

                                                                                                                                                                Benefits

                                                    Consumer Operating Cost Savings ....................................................                         7 ................................    1,340 ..............        1,221 ..............      1,467
                                                                                                                                                                 3 ................................    1,516 ..............        1,367 ..............      1,678
                                                    GHG Reduction (using avg. social costs at 5% discount rate)** .......                                        5 ................................    147 .................       129 .................     164
                                                    GHG Reduction (using avg. social costs at 3% discount rate)** .......                                        3 ................................    449 .................       392 .................     504
                                                    GHG Reduction (using avg. social costs at 2.5% discount rate)** ....                                         2.5 .............................     642 .................       560 .................     721
                                                    GHG Reduction (using 95th percentile social costs at 3% discount                                             3 ................................    1,346 ..............        1,175 ..............      1,510
                                                     rate)**.
                                                    NOX Reduction † .................................................................................            7% .............................      22 ...................      20 ...................    55
                                                                                                                                                                 3% .............................      27 ...................      24 ...................    70

                                                    Total Benefits ‡ ....................................................................................        7%    plus GHG range ..               1,509    to 2,708           1,369    to 2,416         1,686 to 3,032
                                                                                                                                                                 7%    .............................   1,811    ..............     1,633    ..............   2,026
                                                                                                                                                                 3%    plus GHG range ..               1,690    to 2,890           1,520    to 2,566         1,912 to 3,258
                                                                                                                                                                 3%    .............................   1,993    ..............     1,783    ..............   2,252

                                                                                                                                                                 Costs

                                                    Consumer Incremental Equipment Costs ...........................................                             7%    .............................   138 .................       124 .................     151
                                                                                                                                                                 3%    .............................   149 .................       133 .................     164
                                                    Manufacturer Conversion Costs †† .....................................................                       7%    .............................   3 .....................     3 .....................   3
                                                                                                                                                                 3%    .............................   2 .....................     2 .....................   2

                                                                                                                                                         Net Benefits

                                                          Total ‡ ...........................................................................................    7%    plus GHG range ..               1,371    to 2,570           1,245    to 2,292         1,535 to 2,881
                                                                                                                                                                 7%    .............................   1,673    ..............     1,509    ..............   1,875
                                                                                                                                                                 3%    plus GHG range ..               1,542    to 2,741           1,387    to 2,433         1,748 to 3,094
                                                                                                                                                                 3%    .............................   1,844    ..............     1,651    ..............   2,088
                                                       * This table presents the annualized costs and benefits associated with pool pumps shipped in 2021–2050. These results include benefits to
                                                    consumers which accrue after 2050 from the pool pumps purchased from 2021–2050. The incremental equipment costs include incremental
                                                    equipment cost as well as installation costs. The costs account for the incremental variable and fixed costs incurred by manufacturers due to the
                                                    proposed standards, some of which may be incurred in preparation for the rule. The Primary, Low Net Benefits, and High Net Benefits Estimates
                                                    utilize projections of energy prices and real GDP from the AEO2016 No–CPP case, a Low Economic Growth case, and a High Economic Growth
                                                    case, respectively. In addition, incremental equipment costs reflect the default price trend in the Primary Estimate, a high price trend in the Low
                                                    Benefits Estimate, and a low price trend in the High Benefits Estimate. The methods used to derive projected price trends are explained in sec-
                                                    tion IV.F.1 of the DFR. Note that the Benefits and Costs may not sum to the Net Benefits due to rounding.
                                                       ** The interagency group selected four sets of SC–CO2 SC–CH4, and SC–N2O values for use in regulatory analyses. Three sets of values are
                                                    based on the average social costs from the integrated assessment models, at discount rates of 5 percent, 3 percent, and 2.5 percent. The fourth
                                                    set, which represents the 95th percentile of the social cost distributions calculated using a 3-percent discount rate, is included to represent high-
                                                    er-than-expected impacts from climate change further out in the tails of the social cost distributions. The social cost values are emission year
                                                    specific. The GHG reduction benefits are global benefits due to actions that occur nationally. See section IV.L of the DFR for more details.
                                                       † DOE estimated the monetized value of NOX emissions reductions associated with electricity savings using benefit per ton estimates from the
                                                    Regulatory Impact Analysis for the Clean Power Plan Final Rule, published in August 2015 by EPA’s Office of Air Quality Planning and Stand-
                                                    ards. (Available at www.epa.gov/cleanpowerplan/clean-power-plan-final-rule-regulatory-impact-analysis.) See section IV.L.3 for further discussion.
                                                    For the Primary Estimate and Low Net Benefits Estimate, DOE used national benefit-per-ton estimates for NOX emitted from the Electric Gener-
                                                    ating Unit sector based on an estimate of premature mortality derived from the ACS study (Krewski et al. 2009). For the High Net Benefits Esti-
                                                    mate, the benefit-per-ton estimates were based on the Six Cities study (Lepuele et al. 2011); these are nearly two-and-a-half times larger than
                                                    those from the ACS study.
                                                       ‡ Total Benefits for both the 3-percent and 7-percent cases are presented using the average social costs with 3-percent discount rate. In the
                                                    rows labeled ‘‘7% plus GHG range’’ and ‘‘3% plus GHG range,’’ the operating cost and NOX benefits are calculated using the labeled discount
                                                    rate, and those values are added to the full range of social cost values.
                                                       †† Manufacturers are estimated to incur $35.6 million in conversion costs between 2017 and 2020.


                                                    III. Other Prescriptive Requirements                                       for a period of time to prevent the pool                                     Working Group recommended
                                                                                                                               and water in plumbing from freezing. As                                      establishing prescriptive requirements
                                                       As part of the DPPP Working Group’s
                                                                                                                               the control schemes for freeze                                               for dedicated-purpose pool pumps that
                                                    extended charter, the DPPP Working
                                                                                                                               protection vary widely between                                               are distributed in commerce with freeze
                                                    Group considered requirements for
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                                                                                                                               manufacturers, the resultant energy                                          protection controls. Specifically, the
                                                    pumps distributed in commerce with
                                                    freeze protections controls. (Docket No.                                   consumption associated with such                                             DPPP Working Group made the
                                                    EERE–2013–BT–NOC–0005, No. 71 at                                           control can also vary depending on                                           following recommendation, which it
                                                    pp. 20–52) Freeze protection controls, as                                  control settings and climate. To ensure                                      purports to maintain end-user utility
                                                    defined in the test procedure final rule,                                  freeze protection controls on dedicated-                                     while also reducing energy
                                                    are controls that, at certain ambient                                      purpose pool pumps only operate when                                         consumption:
                                                    temperature, turn on the dedicated-                                        necessary and do not result in                                                 All dedicated-purpose pool pumps
                                                    purpose pool pump to circulate water                                       unnecessary energy use, the DPPP                                             distributed in commerce with freeze


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                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                            5453

                                                    protection controls must be shipped                     included in your comment, nor in any                   and, if possible, they should carry the
                                                    either with freeze protection disabled,                 document attached to your comment.                     electronic signature of the author.
                                                    or with the following default, user-                    Otherwise, persons viewing comments                       Campaign form letters. Please submit
                                                    adjustable settings: (1) The default dry-               will see only first and last names,                    campaign form letters by the originating
                                                    bulb air temperature setting is no greater              organization names, correspondence                     organization in batches of between 50 to
                                                    than 40 °F; and (2) the default run time                containing comments, and any                           500 form letters per PDF or as one form
                                                    setting shall be no greater than 1 hour                 documents submitted with the
                                                                                                                                                                   letter with a list of supporters’ names
                                                    (before the temperature is rechecked);                  comments.
                                                                                                                                                                   compiled into one or more PDFs. This
                                                    and (3) the default motor speed shall not                 Do not submit to www.regulations.gov
                                                                                                                                                                   reduces comment processing and
                                                    be more than half of the maximum                        information for which disclosure is
                                                    available speed. Id. (Docket No. EERE–                                                                         posting time.
                                                                                                            restricted by statute, such as trade
                                                    2015–BT–STD–0008, No. 82,                               secrets and commercial or financial                       Confidential Business Information.
                                                    Recommendation #6A at p. 4). DOE                        information (hereinafter referred to as                Pursuant to 10 CFR 1004.11, any person
                                                    agrees with the DPPP Working Group’s                    Confidential Business Information                      submitting information that he or she
                                                    reasoning, and given the considerations                 (CBI)). Comments submitted through                     believes to be confidential and exempt
                                                    discussed in section III.A of the Direct                www.regulations.gov cannot be claimed                  by law from public disclosure should
                                                    Final Rule, DOE proposes to adopt the                   as CBI. Comments received through the                  submit via email, postal mail, or hand
                                                    recommended prescriptive standard for                   Web site will waive any CBI claims for                 delivery/courier two well-marked
                                                    dedicated-purpose pool pumps                            the information submitted. For                         copies: one copy of the document
                                                    distributed in commerce with freeze                     information on submitting CBI, see the                 marked ‘‘confidential’’ including all the
                                                    protection controls.                                    Confidential Business Information                      information believed to be confidential,
                                                                                                            section.                                               and one copy of the document marked
                                                    IV. Procedural Issues and Regulatory
                                                    Review                                                    DOE processes submissions made                       ‘‘non-confidential’’ with the information
                                                                                                            through www.regulations.gov before                     believed to be confidential deleted.
                                                      The regulatory reviews conducted for                  posting. Normally, comments will be                    Submit these documents via email or on
                                                    this proposed rule are identical to those               posted within a few days of being                      a CD, if feasible. DOE will make its own
                                                    conducted for the direct final rule                     submitted. However, if large volumes of                determination about the confidential
                                                    published elsewhere in Federal                          comments are being processed                           status of the information and treat it
                                                    Register. Please see the direct final rule              simultaneously, your comment may not                   according to its determination.
                                                    for further details.                                    be viewable for up to several weeks.
                                                                                                            Please keep the comment tracking                          Factors of interest to DOE when
                                                    V. Public Participation                                                                                        evaluating requests to treat submitted
                                                                                                            number that www.regulations.gov
                                                    A. Submission of Comments                               provides after you have successfully                   information as confidential include (1) a
                                                                                                            uploaded your comment.                                 description of the items, (2) whether
                                                       DOE will accept comments, data, and
                                                    information regarding this proposed                        Submitting comments via email, hand                 and why such items are customarily
                                                    rule before or after the public meeting,                delivery/courier, or mail. Comments and                treated as confidential within the
                                                    but no later than the date provided in                  documents submitted via email, hand                    industry, (3) whether the information is
                                                    the DATES section at the beginning of                   delivery/courier, or mail also will be                 generally known by or available from
                                                    this proposed rule. Interested parties                  posted to www.regulations.gov. If you                  other sources, (4) whether the
                                                    may submit comments, data, and other                    do not want your personal contact                      information has previously been made
                                                    information using any of the methods                    information to be publicly viewable, do                available to others without obligation
                                                    described in the ADDRESSES section at                   not include it in your comment or any                  concerning its confidentiality, (5) an
                                                    the beginning of this proposed rule.                    accompanying documents. Instead,                       explanation of the competitive injury to
                                                       Submitting comments via                              provide your contact information in a                  the submitting person that would result
                                                    www.regulations.gov. The                                cover letter. Include your first and last              from public disclosure, (6) when such
                                                    www.regulations.gov Web page will                       names, email address, telephone                        information might lose its confidential
                                                    require you to provide your name and                    number, and optional mailing address.                  character due to the passage of time, and
                                                    contact information. Your contact                       The cover letter will not be publicly                  (7) why disclosure of the information
                                                    information will be viewable to DOE                     viewable as long as it does not include                would be contrary to the public interest.
                                                    Building Technologies staff only. Your                  any comments                                              It is DOE’s policy that all comments
                                                    contact information will not be publicly                   Include contact information each time               may be included in the public docket,
                                                    viewable except for your first and last                 you submit comments, data, documents,
                                                                                                                                                                   without change and as received,
                                                    names, organization name (if any), and                  and other information to DOE. If you
                                                                                                                                                                   including any personal information
                                                    submitter representative name (if any).                 submit via mail or hand delivery/
                                                                                                                                                                   provided in the comments (except
                                                    If your comment is not processed                        courier, please provide all items on a
                                                                                                                                                                   information deemed to be exempt from
                                                    properly because of technical                           CD, if feasible, in which case it is not
                                                                                                            necessary to submit printed copies. No                 public disclosure).
                                                    difficulties, DOE will use this
                                                    information to contact you. If DOE                      telefacsimiles (faxes) will be accepted.               B. Public Meeting
                                                    cannot read your comment due to                            Comments, data, and other
                                                    technical difficulties and cannot contact               information submitted to DOE                             As stated previously, if DOE
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    you for clarification, DOE may not be                   electronically should be provided in                   withdraws the direct final rule
                                                    able to consider your comment.                          PDF (preferred), Microsoft Word or                     published elsewhere in the Federal
                                                       However, your contact information                    Excel, WordPerfect, or text (ASCII) file               Register pursuant to 42 U.S.C.
                                                    will be publicly viewable if you include                format. Provide documents that are not                 6295(p)(4)(C), DOE will hold a public
                                                    it in the comment itself or in any                      secured, that are written in English, and              meeting to allow for additional
                                                    documents attached to your comment.                     that are free of any defects or viruses.               comment on this proposed rule. DOE
                                                    Any information that you do not want                    Documents should not contain special                   will publish notice of any meeting in
                                                    to be publicly viewable should not be                   characters or any form of encryption                   the Federal Register.


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                                                    5454                    Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    VI. Approval of the Office of the                            PART 431—ENERGY EFFICIENCY                                           ■ 3. Section 431.465 is amended by
                                                    Secretary                                                    PROGRAM FOR CERTAIN                                                  adding paragraphs (e), (f), (g) and (h) to
                                                      The Secretary of Energy has approved                       COMMERCIAL AND INDUSTRIAL                                            read as follows:
                                                    publication of this notice of proposed                       EQUIPMENT
                                                                                                                                                                                      § 431.465 Pumps energy conservation
                                                    rulemaking.                                                                                                                       standards and their compliance dates.
                                                                                                                 ■ 1. The authority citation for part 431
                                                    List of Subjects in 10 CFR Part 431                          continues to read as follows:                                        *     *     *      *   *
                                                      Administrative practice and                                                                                                       (e) For the purposes of paragraph (f)
                                                                                                                   Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
                                                    procedure, Confidential business                             2461 note.                                                           of this section, ‘‘WEF’’ means the
                                                    information, Energy conservation,                                                                                                 weighted energy factor and ‘‘hhp’’
                                                    Imports, Intergovernmental relations,                        ■ 2. Section 431.462 is amended by                                   means the rated hydraulic horsepower,
                                                    Small businesses.                                            adding the definition for ‘‘pool pump                                as determined in accordance with the
                                                      Issued in Washington, DC, on December                      timer’’ in alphabetical order to read as                             test procedure in § 431.464(b) and
                                                    23, 2016.                                                    follows:                                                             applicable sampling plans in § 429.59 of
                                                    David J. Friedman,                                                                                                                this chapter.
                                                                                                                 § 431.462        Definitions.
                                                    Acting Assistant SecretaryEnergy Efficiency
                                                    and Renewable Energy.                                        *     *    *     *    *                                                (f) Each dedicated-purpose pool pump
                                                                                                                                                                                      that is not a submersible pump and is
                                                      For the reasons set forth in the                             Pool pump timer means a pool pump
                                                                                                                 control that automatically turns off a                               manufactured starting on July 19, 2021
                                                    preamble, DOE proposes to amend part                                                                                              must have a WEF rating that is not less
                                                    431 of chapter II, subchapter D, of title                    dedicated-purpose pool pump after a
                                                                                                                 run-time of no longer than 10 hours.                                 than the value calculated from the
                                                    10 of the Code of Federal Regulations,
                                                                                                                                                                                      following table:
                                                    as set forth below:                                          *     *    *     *    *

                                                                                         Equipment class                                                       Minimum
                                                                                                                                                               allowable
                                                                                                                                                              WEF score                Minimum allowable WEF score [kgal/kWh]
                                                                                                                                 hhp                          [kgal/kWh]
                                                          Dedicated-Purpose Pool Pump Variety                                 Applicability
                                                                                                                                                             Motor phase

                                                    Self-priming pool filter pumps ...............................   0.711 hp ≤ hhp < 2.5 hp                Single .............    WEF = ¥2.30 * ln (hhp) + 6.59.
                                                    Self-priming pool filter pumps ...............................   hhp < 0.711 hp .............           Single .............    WEF = 5.55, for hhp ≤ 1.30. hp
                                                                                                                                                                                    ¥ 1.30 * ln (hhp) + 2.90, for hhp > 0.13 hp.
                                                    Non-self-priming pool filter pumps ........................      hhp < 2.5 hp .................         Any .................   WEF = 4.60, for hhp ≤ 0.13 hp
                                                                                                                                                                                    ¥0.85 * ln (hhp) + 2.87, for hhp > 0.13 hp.
                                                    Pressure cleaner booster pumps .........................         Any ................................   Any .................   WEF = 0.42



                                                       (g) Each integral cartridge filter pool                   DEPARTMENT OF TRANSPORTATION                                         are proposing this AD to correct the
                                                    pump and integral sand filter pool                                                                                                unsafe condition on these products.
                                                    pump that is manufactured starting on                        Federal Aviation Administration                                      DATES: We must receive comments on
                                                    July 19, 2021 must be distributed in                                                                                              this proposed AD by March 6, 2017.
                                                    commerce with a pool pump timer that                         14 CFR Part 39
                                                                                                                                                                                      ADDRESSES: You may send comments,
                                                    is either integral to the pump or a                                                                                               using the procedures found in 14 CFR
                                                    separate component that is shipped                           [Docket No. FAA–2010–0755; Directorate
                                                                                                                                                                                      11.43 and 11.45, by any of the following
                                                                                                                 Identifier 2010–NE–12–AD]
                                                    with the pump.                                                                                                                    methods:
                                                       (h) For all dedicated-purpose pool                                                                                               • Federal eRulemaking Portal: Go to
                                                                                                                 RIN 2120–AA64
                                                    pumps distributed in commerce with                                                                                                http://www.regulations.gov. Follow the
                                                    freeze protection controls, the pump                         Airworthiness Directives; Rolls-Royce                                instructions for submitting comments.
                                                    must be shipped with freeze protection                       plc Turbofan Engines                                                   • Fax: 202–493–2251.
                                                                                                                                                                                        • Mail: U.S. Department of
                                                    disabled or with the following default,
                                                                                                                 AGENCY: Federal Aviation                                             Transportation, Docket Operations, M–
                                                    user-adjustable settings:                                    Administration (FAA), DOT.                                           30, West Building Ground Floor, Room
                                                       (1) The default dry-bulb air                              ACTION: Notice of proposed rulemaking                                W12–140, 1200 New Jersey Avenue SE.,
                                                    temperature setting is no greater than                       (NPRM).                                                              Washington, DC 20590.
                                                    40 °F;                                                                                                                              • Hand Delivery: Deliver to Mail
                                                       (2) The default run time setting shall                    SUMMARY:    We propose to supersede                                  address above between 9 a.m. and 5
                                                    be no greater than 1 hour (before the                        airworthiness directive (AD) 2012–04–                                p.m., Monday through Friday, except
                                                                                                                 01 that applies to all Rolls-Royce plc                               Federal holidays.
                                                    temperature is rechecked); and
                                                                                                                 (RR) RB211–Trent 800 model turbofan
                                                       (3) The default motor speed shall not                     engines. AD 2012–04–01 requires                                      Examining the AD Docket
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    be more than 1⁄2 of the maximum                              removal from service of certain critical                               You may examine the AD docket on
                                                    available speed.                                             engine rotating parts based on reduced                               the Internet at http://
                                                    [FR Doc. 2016–31665 Filed 1–17–17; 8:45 am]                  life limits. Since we issued AD 2012–                                www.regulations.gov by searching for
                                                    BILLING CODE 6450–01–P                                       04–01, RR has further revised the life                               and locating Docket No. FAA–2010–
                                                                                                                 limits of certain critical engine rotating                           0755; or in person at the Docket
                                                                                                                 parts. This proposed AD would make                                   Management Facility between 9 a.m.
                                                                                                                 additional revisions to the life limits of                           and 5 p.m., Monday through Friday,
                                                                                                                 certain critical engine rotating parts. We                           except Federal holidays. The AD docket


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Document Created: 2018-02-01 15:19:04
Document Modified: 2018-02-01 15:19:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NOPR).
DatesDOE will accept comments, data, and information regarding the proposed standards no later than May 8, 2017.
ContactMr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 586-9507. Email: [email protected]
FR Citation82 FR 5446 
RIN Number1904-AD52
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Energy Conservation; Imports; Intergovernmental Relations and Small Businesses

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