83_FR_46027 83 FR 45851 - Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pump Motors, Notice of Request for Direct Final Rule

83 FR 45851 - Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pump Motors, Notice of Request for Direct Final Rule

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45851-45860
FR Document2018-19577

On August 14, 2018, the Department of Energy (DOE) received a petition submitted by a variety of entities (collectively, the Joint Stakeholders or the Petitioners) asking DOE to issue a direct final rule for energy conservation standards for dedicated-purpose pool pump (DPPP) motors. Through this notification, DOE seeks comment on whether to proceed with the proposal, as well as any data or information that could be used in DOE's determination whether to issue a direct final rule.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Proposed Rules]
[Pages 45851-45860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19577]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / 
Proposed Rules

[[Page 45851]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-STD-0048]


Energy Conservation Program: Energy Conservation Standards for 
Dedicated-Purpose Pool Pump Motors, Notice of Request for Direct Final 
Rule

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice of joint stakeholder proposal for direct final rule, and 
request for comments.

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SUMMARY: On August 14, 2018, the Department of Energy (DOE) received a 
petition submitted by a variety of entities (collectively, the Joint 
Stakeholders or the Petitioners) asking DOE to issue a direct final 
rule for energy conservation standards for dedicated-purpose pool pump 
(DPPP) motors. Through this notification, DOE seeks comment on whether 
to proceed with the proposal, as well as any data or information that 
could be used in DOE's determination whether to issue a direct final 
rule.

DATES: Written comments and information are requested on or before 
October 26, 2018.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``Dedicated-Purpose Pool Pump Proposal'' and Docket 
number ``EERE-2017-BT-STD-0048'', by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: DPPMotors2017STD0048@ee.doe.gov. Include the docket number 
``EERE-2017-BT-STD-0048'' in the subject line of the message.
    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.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    Docket: For access to the docket to read background documents, or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov. All documents in the docket are listed in the 
http://www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available. The docket web page can be 
found https://www.regulations.gov/docket?D=EERE-2017-BT-STD-0048. The 
docket web page will contain simple instruction on how to access all 
documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Jeremy Dommu, U.S. Department of 
Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue 
SW, Washington, DC, 20585, (202) 586-9870. Email: 
ApplianceStandardsQuestions@ee.doe.gov.
    Mary Greene, U.S. Department of Energy, Office of the General 
Counsel, 1000 Independence Avenue SW, Washington, DC 20585, Email: 
mary.greene@hq.doe.gov; (202) 586-1817

SUPPLEMENTARY INFORMATION: As amended by the Energy Efficiency 
Improvement Act of 2015, Public Law 114-11 (April 30, 2015), the Energy 
Policy and Conservation Act (EPCA or, in context, the Act), Public Law 
94-163 (42 U.S.C. 6291-6309, as codified), authorizes DOE to issue a 
direct final rule establishing an energy conservation standard for a 
product 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 products, 
States, and efficiency advocates) as determined by the Secretary of 
Energy (Secretary). 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) or 42 U.S.C. 6316, 
as applicable. In publishing the petition in its entirety for public 
comment, DOE is seeking views on whether to proceed with the petition 
as suggested by the Joint Stakeholders.\1\ DOE is also interested in 
the views of parties that were not part of the Joint Stakeholder group 
to aid in determining if the Joint Stakeholders constitute a group of 
interested persons that are fairly representative of relevant points of 
view.
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    \1\ The Joint Stakeholders include: Association of Pool & Spa 
Professionals, Alliance to Save Energy, American Council for an 
Energy Efficient Economy, Appliance Standards Awareness Project, 
Arizona Public Service, California Energy Commission, California 
Investor Owned Utilities, Consumer Federation of America, Florida 
Consumer Action Network, Hayward Industries, National Electrical 
Manufacturers Association, Natural Resources Defense Council, Nidec 
Motor Corporation, Northwest Power and Conservation Council, Pentair 
Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas 
ROSE (Ratepayers' Organization to Save Energy), Waterway Plastics, 
WEG, Zodiac Pool Systems.
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    If DOE determines to issue the direct final rule for DPPPs, the 
agency must simultaneously publish a notice of proposed rulemaking 
(NOPR) that proposes an identical energy conservation standard and 
provides for a public comment period of at least 110 days. 42 U.S.C. 
6295(p)(4). 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 recommendation may 
provide a reasonable basis for withdrawal under 42 U.S.C. 6295(o) or 
other applicable law. If the Secretary makes such a determination, DOE 
must withdraw the direct final rule and proceed with the simultaneously 
published NOPR. DOE must publish in the Federal Register the reasons 
why the direct final rule was withdrawn.
    By seeking comment on whether to issue a direct final rule in 
accordance with the Joint Stakeholders' petition, DOE takes no position 
at this time regarding whether the submitted petition satisfies EPCA's 
requirement that such a statement must be submitted by interested 
persons that are fairly representative of relevant points of view and 
that the proposal must be in compliance with the provisions of 42

[[Page 45852]]

U.S.C. 6295(o) or 42 U.S.C. 6316, as applicable. Further, DOE takes no 
position at this time regarding the merits of the petition itself.
    DOE notes that the Administrative Procedure Act (APA), 5 U.S.C. 551 
et seq., provides among other things, that `[e]ach agency shall give an 
interested person the right to petition for the issuance, amendment or 
repeal of a rule.'' (5 U.S.C. 553(e)). DOE requests comment on whether 
it should consider the petition from the Joint Stakeholders under this 
authority should it determine it cannot proceed with consideration of 
the proposal under the direct final rule authority. Again, while 
seeking comment on this issue, DOE takes no position at this time 
regarding the merits of the petition itself.

Submission of Comments

    DOE invites all interested parties to submit in writing by October 
26, 2018 comments and information regarding this proposal.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information prior to submitting comments. Your contact 
information will be viewable to DOE Building Technologies staff only. 
Your contact information will not be publicly viewable except for your 
first and last names, organization name (if any), and submitter 
representative name (if any). If your comment is not processed properly 
because of technical difficulties, DOE will use this information to 
contact you. If DOE cannot read your comment due to technical 
difficulties and cannot contact you for clarification, DOE may not be 
able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. 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 http://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 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://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 http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via hand delivery, or mail. Comments and 
documents via hand delivery or mail will also be posted to http://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information in your cover letter each time you 
submit comments, data, documents, and other information to DOE. If you 
submit via mail or hand delivery, please provide all items on a CD, if 
feasible. It is not necessary to submit printed copies. No facsimiles 
(faxes) will be accepted.
    Comments, data, and other information submitted electronically 
should be provided in PDF (preferred), Microsoft Word or Excel, 
WordPerfect, or text (ASCII) file format. Provide documents that are 
not secured, written in English and free of any defects or viruses. 
Documents should not include any special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery 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 which would result from 
public disclosure, (6) when such information might lost 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).
    DOE considers public participation to be a very important part of 
its process for considering rulemaking petitions. DOE actively 
encourages the participation and interaction of the public during the 
comment period. Interactions with and between members of the public 
provide a balanced discussion of the issues and assist DOE in 
determining how to proceed with a petition. Anyone who wishes to be 
added to DOE mailing list to receive future notifications and 
information about this petition should contact Appliance and Equipment 
Standards Program staff at (202) 287-1445 or via email at 
ApplianceStandardsQuestions@ee.doe.gov.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
notification of petition for rulemaking.


[[Page 45853]]


    Signed in Washington, DC on August 31, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Joint Statement of Joint Stakeholder Proposal for Energy Conservation 
Standards for Dedicated-Purpose Pool Pump Motors

Docket No. EERE-2017-BT-STD-0048

August 14, 2018

Association of Pool & Spa Professionals

Alliance to Save Energy American Council for an Energy-Efficient 
Economy

Appliance Standards Awareness Project

Arizona Public Service

California Energy Commission

California Investor Owned Utilities

Consumer Federation of America

Florida Consumer Action Network

Hayward Industries

National Electrical Manufacturers Association

Natural Resources Defense Council

Nidec Motor Corporation

Northwest Power and Conservation Council

Pentair Water Pool and Spa

Regal Beloit Corporation

Speck Pumps

Texas ROSE (Ratepayers' Organization to Save Energy)

Waterway Plastics

WEG

Zodiac Pool Systems

I. Introduction and Overview

    In January 2017, the U.S. Department of Energy (``DOE'') 
established the first national energy-efficiency standards for 
dedicated-purpose pool pumps (``DPPPs'') through the adoption of a 
direct final rule (``DFR''). DOE confirmed the adoption of the 
standards and the effective date and compliance date in a notice 
published in May 2017. The compliance date of the new standards is 
July 19, 2021. The DPPP standards were negotiated by an Appliance 
Standards and Rulemaking Federal Advisory Committee (ASRAC) working 
group consisting of representatives of pool pump and motor 
manufacturers, state government, utilities, and efficiency 
advocates. For most in-ground pools, the standard levels reflect 
variable-speed technology. Pumps for small in-ground pools, pumps 
for above-ground pools, and pressure cleaner booster pumps can 
continue to be single-speed.
    For a small number of hours a day, pool pumps need to operate at 
a high speed to provide a high flow rate for mixing/cleaning, but 
most of the time they just need to circulate the pool water through 
the filtration system at a low flow rate. Variable-speed pumps can 
reduce energy use by about 70% relative to single-speed pumps by 
being able to operate at a lower speed for the hours during which 
the pump is circulating water for filtration. In addition to saving 
energy, operating the pump at a lower speed reduces noise levels, 
improves filtration effectiveness, and can extend the life of other 
pool equipment.
    The DPPP standards will provide very large savings for 
consumers. There are more than 8 million pools in the U.S.\1\ DOE 
estimated average life-cycle cost savings for owners of in-ground 
pools of $2,140 with a simple payback of less than 1 year.\2\ The 
average annual operating cost savings are about $550.\3\ However, 
the DPPP standards do not address replacement motors, which presents 
a significant loophole that seriously threatens both the consumer 
savings from the standards and the investments that manufacturers 
are making to comply with the standards. If the replacement motor 
loophole is not addressed, there will be a disruption in the market 
between regulated pump/motor combinations (DPPPs) and unregulated 
replacement motors. This would result in significant negative 
impacts for both consumers and domestic manufacturers.
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    \1\ http://www.apsp.org/Portals/0/2016%20Website%20Changes/2015%20Industry%20Stats/2015%20Industry%20Stats.pdf.
    \2\ 82 Fed. Reg. 5652 (January 18, 2017). Results for standard-
size self-priming pool filter pumps.
    \3\ 82 Fed. Reg. 5715.
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    The motor on a pool pump will often fail before the pump itself 
needs to be replaced, and motor-only replacements are common. 
Without a complementary standard for DPPP motors, when replacing a 
pool pump motor, consumers will continue to be sold inefficient, 
wasteful products. Today, even though variable-speed motors provide 
substantial savings to consumers as well as other benefits, 
significant market barriers prevent most consumers from realizing 
these benefits. When a motor on a pool pump fails, the consumer's 
priority must be to get the motor (or pump and motor) replaced as 
soon as possible in order to maintain sanitary and safe pool 
conditions. This means that when faced with a purchase decision, 
consumers have very little time to research their options. In many 
cases, service installers may install a replacement motor without 
providing any options to the consumer. Despite significant 
educational efforts on the part of pool pump manufacturers, service 
installers are often uninformed about variable-speed technology. In 
addition, the priority of service installers is generally to make a 
sale, not to provide the best option for the consumer. This is the 
case today even though service installers could make additional 
profit by selling variable-speed pumps and motors.
    The consequences of a lack of understanding of variable-speed 
technology will become particularly significant once the DPPP 
standards take effect in 2021. Most consumers do not understand that 
the substantial savings from a variable-speed pump come from the 
motor. Consumers will likely assume that replacing the motor on a 
variable-speed pump will have no effect on the performance of their 
pump. But in fact, if an existing variable-speed motor is replaced 
with a single-speed motor, the consumer will lose all the energy 
savings and other benefits (including the quieter operation) of 
their variable-speed pump. When looking to replace a pool pump 
motor, a consumer with a variable-speed pool pump that meets the 
DPPP standards may therefore unknowingly end up with a single-speed 
replacement motor that would immediately increase their electricity 
bills by hundreds of dollars each year and not provide the 
additional benefits of variable-speed technology.
    For manufacturers, a disruption in the market would lead to 
lower sales of regulated DPPPs and increased sales of unregulated, 
inefficient replacement motors. While most pool pumps are 
manufactured domestically, most of the motors for pool pumps are 
manufactured in China. Two of the major pool pump manufacturers have 
more than 1,400 pool equipment manufacturing jobs in North Carolina 
alone. Increased sales of inefficient, imported replacement motors 
would seriously undercut domestic manufacturers' investments in 
meeting the DPPP standards, putting American manufacturing jobs at 
risk.
    Furthermore, if DOE does not address the replacement motor 
loophole, individual states may step in with their own standards. 
Currently, there are multiple state standards for pool pumps and 
motors. State standards are significantly more burdensome for 
manufacturers than a single national standard because they may and 
do result in different requirements in different states and require 
manufacturers to set up specific distribution channels to ensure 
that they do not sell noncompliant products in those states. As of 
July 19, 2021, the current state standards for pool pumps will be 
replaced with a single national standard. But if DOE does not 
establish complementary standards for DPPP motors, manufacturers 
will continue to be faced with a patchwork of state standards. A 
single national standard for DPPP motors is strongly preferred to 
reduce burdens on manufacturers, ensure a level playing field across 
state lines, and ensure that all consumers are protected from 
inefficient, wasteful products, regardless of where they live.
    In comments on the 2017 DFR, multiple stakeholders urged DOE to 
consider complementary standards for pool pump motors. In the 
confirmation of effective date and compliance date for the DFR, DOE 
stated: ``DOE plans to hold a public meeting in the near future with 
the interested parties to gather data and information that could 
lead to the consideration of energy conservation standards for 
replacement pool pump motors.'' \4\ DOE subsequently held a public 
meeting on August 10, 2017, where DOE presented potential scope, 
definitions, and metrics for DPPP motors. DOE also noted in the 
presentation materials from the meeting that if DOE were to 
``receive a consensus agreement there could be

[[Page 45854]]

deviations from the typical process to expedite'' the rulemaking.\5\
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    \4\ 82 Fed. Reg. 24220 (May 26, 2017).
    \5\ https://www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0003. Slide 10.
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    After the August 2017 public meeting, representatives from pool 
pump and motor manufacturers, state government, utilities, and 
efficiency advocates (the ``Joint Stakeholders'') formed a technical 
working group to negotiate recommended standards for DPPP motors. 
Appendix A to this Joint Statement includes the Joint Stakeholders' 
recommendations.
    The Joint Stakeholders request that DOE adopt our 
recommendations with a DFR rule using the Department's authority 
over ``electric motors'' and to align the compliance date for DPPP 
motors with the DPPP compliance date of July 19, 2021. In order to 
protect consumers, ensure that the significant investments that 
domestic manufacturers are making to comply with the DPPP standards 
are not undercut, and avoid a continuation of state standards, there 
must be no delay in the July 19, 2021 DPPP compliance date.

II. Identity of the Joint Stakeholders

    The Association of Pool & Spa Professionals (APSP) represents 
over 3100 company members. APSP is the world's oldest and largest 
association representing swimming pool, hot tub, and spa 
manufacturers, distributors, manufacturers' agents, designers, 
builders, installers, suppliers, retailers, and service 
professionals. Dedicated to the growth and development of its 
members' businesses and to promoting the enjoyment and safety of 
pools and spas, APSP offers a range of services, from professional 
development to advancing key legislation and regulation at the 
federal and local levels, to consumer outreach and public safety. 
APSP is the only industry organization recognized by the American 
National Standards Institute to develop and promote national 
standards for pools, hot tubs, and spas.
    The Alliance to Save Energy is a non-profit, bipartisan 
coalition of business, government, environmental, and consumer-
interest leaders that advocates for enhanced U.S. energy 
productivity to achieve economic growth; a cleaner environment; and 
greater energy security, affordability, and reliability.
    The American Council for an Energy-Efficient Economy (ACEEE) 
acts as a catalyst to advance energy efficiency policies, programs, 
technologies, investments, and behaviors. We believe that the United 
States can harness the full potential of energy efficiency to 
achieve greater economic prosperity, energy security, and 
environmental protection for all its people.
    The Appliance Standards Awareness Project (ASAP) is a coalition 
that includes representatives of efficiency, consumer and 
environmental groups, utility companies, state government agencies, 
and others. Working together, the ASAP coalition seeks to advance 
cost-effective efficiency standards at the national and state levels 
through technical and policy advocacy and through outreach and 
education.
    Arizona Public Service is Arizona's largest and longest-serving 
electric company, serving more than 1.2 million customers across the 
state.
    The California Energy Commission (CEC) is the primary energy 
policy and planning agency of the State of California. The CEC 
regularly participates in coalition efforts and federal efficiency 
rulemakings to seek more stringent energy conservation regulations 
from DOE that will apply to California's regulated appliances, where 
DOE's authority to adopt new efficiency standards preempts states 
from issuing their own without prior DOE approval or waiver. The CEC 
currently has efficiency standards for pool pump and motor 
combinations, and has proposed to establish efficiency standards for 
replacement pool pump motors should national standards not be 
forthcoming.
    The California Investor Owned Utilities (CA IOUs), consisting of 
Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric 
(SDG&E), and Southern California Edison (SCE), represent some of the 
largest utility companies in the Western United States, serving over 
32 million customers. The CA IOUs have been involved with pool 
energy efficiency for over 15 years. During that time, the CA IOUs 
have developed and implemented various pool efficiency rebate 
programs, and in 2004, proposed and supported the adoption of the 
first in the nation appliance standards for pool pump motors in 
California. These standards included a test and list requirement for 
pool pumps to enable the reporting of Energy Factor, a metric 
developed by the CA IOUs that is now used by the ENERGY STAR 
program.
    The Consumer Federation of America (CFA) is an association of 
more than 250 nonprofit consumer organizations that was established 
in 1968 to advance the consumer interest through research, advocacy, 
and education. For decades, CFA has advocated for cost-effective 
energy efficiency standards that benefit consumers through lower 
energy bills.
    The Florida Consumer Action Network (FCAN) is a non-profit that 
advocates on issues including energy efficiency, utilities, 
environment, health care, and insurance. FCAN is affiliated with the 
Consumer Federation of America and Fair Share. FCAN stands for an 
America where everyone gets their fair share, does their fair share, 
and pays their fair share; and where everyone plays by the same 
rules.
    Hayward Industries, Inc. is a leading global manufacturer of 
residential and commercial pool equipment and industrial flow 
control products. Headquartered in Elizabeth, New Jersey with over 
1,500 US-based employees, Hayward designs, manufactures, 
distributes, and markets a complete line of residential pool 
equipment including pumps, filters, heaters, automatic cleaners, 
sanitizers, automation, and lights. Hayward is a strong advocate of 
energy saving products as witnessed by its growing portfolio of 
energy efficient equipment, including a broad range of ENERGY 
STAR[supreg] approved variable speed pumps.
    The National Electrical Manufacturers Association (NEMA) 
represents nearly 350 electrical equipment and medical imaging 
manufacturers that make safe, reliable, and efficient products and 
systems. Our combined industries account for 360,000 American jobs 
in more than 7,000 facilities covering every state. Our industry 
produces $106 billion shipments of electrical equipment and medical 
imaging technologies per year with $36 billion exports.
    The Natural Resources Defense Council (NRDC) is a national 
environmental advocacy organization with over 1.3 million members 
and online activists. NRDC has spent decades working to build and 
improve DOE's federal appliance standards programs because of the 
important energy, environmental, consumer, and reliability benefits 
of appliance efficiency standards. NRDC participated in the 
enactment of the first federal legislation establishing efficiency 
standards, and has been active in all significant rulemakings since 
then.
    Nidec Motor Corporation is a leading manufacturer of commercial, 
industrial, and appliance motors and controls. The NMC product line 
features a full line of high efficiency motors, large and small, 
which serve industrial, residential, and commercial markets in 
applications ranging from agriculture, water treatment, mining, oil 
and gas, and power generation to pool and spa motors, air 
conditioning condensers, rooftop cooling towers, and commercial 
refrigeration. It also makes motors, controls, and switches for 
automotive and commercial markets.
    The Northwest Power and Conservation Council is an interstate 
compact authorized by Congress in the Northwest Power Act of 1980 
(P.L.96-501) to ensure that the region has an adequate, efficient, 
economical, and reliable power supply system. The members of the 
Council are appointed by the Governors of the four Northwest states 
of Idaho, Montana, Oregon and Washington.
    Pentair is a leading manufacturer of smart, sustainable water 
solutions for homes, business and industry around the world. Our 
industry leading and proven portfolio of solutions enables people, 
business and industry to access clean, safe water, reduce water 
consumption, and recover and reuse it. Whether it's improving, 
moving or helping people enjoy water, we help manage the world's 
most precious resource. A strategic business of Pentair, Pentair 
Aquatics Systems is based in Cary, N.C., and is one of the world's 
leading providers of premium pumps, filters, heaters, controls, 
cleaners, lighting systems, water features, and maintenance products 
for swimming pools and spas.
    Regal is a manufacturing company with over 5,770 employees in 
the USA. Regal is a leading manufacturer of electric motors, 
electrical motion controls, power generation and transmission 
products with sales of over $3.4B in 2017. Regal is a technology 
leader in high-efficiency products.
    Speck Pumps is a leading international manufacturer of high-
quality pumps for commercial and industrial applications.
    Texas ROSE (Texas Ratepayers' Organization to Save Energy) is a 
non-profit organization dedicated to helping Texans' get affordable 
electricity and a healthy environment. We provide straightforward 
information to consumers and advocate for customer protections for 
consumers, energy

[[Page 45855]]

efficiency programs, and customer education by providing information 
to the Public Utility Commission (PUC), Austin City Council and the 
Texas Legislature. Texas ROSE has been involved in helping to create 
utility programs to provide lower rates for low-income consumers and 
weatherization programs to permanently lower energy use and utility 
bills.
    Waterway Plastics is proud to design, engineer and manufacture 
pool and spa pumps, filters, white goods and accessories and other 
pool and spa products in Oxnard, CA, USA.
    WEG is a manufacturer of industrial and commercial components 
and systems solutions for customers across multiple markets around 
the world. WEG is 30,000 employees strong across 12 manufacturing 
locations and 28 commercial sites, holding the distinction of having 
largest manufacturing site in the world at its headquarters in 
Jarugua Du Sol, Brazil. This campus is 3.57M square feet and 
occupied by nearly 13,000 employees. WEG has over 3,000 employees in 
the US between the US Headquarters in Atlanta, an industrial motor 
manufacturing location in Minneapolis, a transformer manufacturer in 
Missouri, and the Global Center of Commercial Motors Excellence in 
Bluffton, IN. The US is served out of these locations, with 
manufactured product support out of Mexico and Brazil. Over half of 
the product produced in the US is applied into pumping applications, 
whether it be clean water or dirty, or even hydroelectric power 
generation. WEG has traditionally focused it sales from its genesis 
in 1942 up to around 1985 in the local Brazilian market, though 
through a combination of acquisition and organic development, export 
sales has increased by an amazing 36 times, with infrastructure and 
skills to continue a strong growth pattern well into the future.
    Zodiac Pool Systems, LLC is a global leader in swimming pool and 
spa products and services. Zodiac is recognized as a leading, global 
provider of premium, innovative pool and spa products, equipment and 
solutions for in-ground residential swimming pools and spas. Zodiac 
is committed to designing and producing energy efficient, earth-
friendly pool products and systems.

III. Development of the Recommendations

    The Joint Stakeholders' recommendations were developed during a 
series of meetings between December 2017 and June 2018 of a 
technical working group consisting of pool pump and motor 
manufacturers, state government, utilities, and efficiency 
advocates. The goal of the working group was to develop a set of 
consensus recommendations for standards for DPPP motors to align 
with the standards for DPPPs and to take effect concurrently with 
the DPPP standards on July 19, 2021.

IV. The Joint Stakeholders' Proposal

    The Joint Stakeholders' proposal (included as Appendix A) 
includes recommendations for definitions, scope of coverage, 
prescriptive requirements, labeling, reporting, compliance date, and 
verification. Importantly, our proposal would not result in any 
change to the current DPPP standards and instead is complementary. 
There are also no new costs associated with our proposal because the 
analysis for the DPPP rulemaking already accounted for the costs of 
motor replacements.

A. Definitions

    Our proposed definitions include a definition for ``dedicated-
purpose pool pump motor,'' which covers any motor that is certified 
to UL 1004-10 \6\ and/or designed and/or marketed for use in DPPP 
applications. Our proposed definitions also define motors that meet 
the definition for ``dedicated- purpose pool pump motor'' but that 
would be exempt from the standards that we are proposing. These 
definitions for exempted motors were crafted such as to minimize the 
risk of any potential loopholes.
---------------------------------------------------------------------------

    \6\ Note: UL 1004-10 is in the process of being developed. We 
will provide an update to DOE once the UL standard has been 
published.
---------------------------------------------------------------------------

B. Scope of Coverage

    DPPP motors are electric motors. Our proposed scope of coverage 
includes DPPP motors with total horsepower (THP) less than or equal 
to 5 THP. The 5 THP upper bound aligns with the upper bound for 
hydraulic horsepower (HHP) in the standards for DPPPs for self-
priming and non-self-priming pool filter pumps. (5 THP is roughly 
equivalent to 2.5 HHP.) Our proposed scope of coverage would exempt 
six types of pool pump motors from our proposed standards: polyphase 
motors capable of operating without a drive (and distributed in 
commerce without a drive), waterfall pump motors, rigid electric spa 
pump motors, storable electric spa pump motors, integral cartridge-
filter pool pump motors, and integral sand-filter pool pump motors. 
These exemptions align with the DPPP standards.\7\ The exemption for 
polyphase motors is designed to exclude three-phase motors that are 
intended for use in commercial applications (where there is three-
phase power available), but to include three-phase motors that 
operate with a drive that converts single-phase power to three-phase 
power and are intended for use in residential applications.
---------------------------------------------------------------------------

    \7\ Note: Integral cartridge filter and integral sand filter 
pool pumps are subject to the DPPP standards, but they do not have 
to meet an energy performance requirement.
---------------------------------------------------------------------------

    Our proposed standards (described below) would apply to DPPP 
motors that are sold as replacements as well as motors that are part 
of DPPPs. All pool pump motors would thus be treated equally and 
subject to the same requirements. Importantly, our proposed scope of 
coverage includes DPPP motors in DPPPs regardless of whether the 
DPPP is manufactured domestically or imported. If motors in imported 
DPPPs were not covered, manufacturers that manufacture DPPPs 
domestically would be put at a disadvantage. Our proposed scope of 
coverage will thus provide a level playing field and protect U.S. 
manufacturing.

C. Prescriptive Requirements

    Our proposal for standards for DPPP motors is a prescriptive 
approach. We believe that a prescriptive approach is the quickest 
and simplest way to address the replacement motor loophole. We 
originally considered a performance-based approach. However, a 
performance approach for DPPP motors would require an entirely new 
metric and test procedure, which would significantly delay 
implementation of our proposal, thereby increasing manufacturer 
burden. Our proposed prescriptive requirements align with the DPPP 
standards while avoiding the need for a test procedure rulemaking. 
Importantly, our prescriptive approach still gives manufacturers 
significant flexibility to provide a wide range of efficient motor 
options to consumers including different speed options and user 
interfaces.
    Our proposed standards include three prescriptive requirements 
that align with the DPPP standards. First, DPPP motors would be 
prohibited from operating with a capacitor start induction run 
(CSIR) or split phase (SP) configuration at maximum operating speed. 
This requirement aligns the motor types for DPPP motors with the 
DPPP standards. This requirement is also consistent with existing 
state standards in Arizona, California, Connecticut, and Washington. 
Prohibiting these inefficient motor configurations will help prevent 
low-quality foreign imports from undercutting U.S. manufacturers and 
ensure that consumers are not stuck with very inefficient motors 
that would increase their electricity bills.
    Second, DPPP motors with THP greater than or equal to 1.15 THP 
would be required to meet the definition of ``variable-speed control 
dedicated-purpose pool pump motor,'' which we have defined. The 1.15 
THP threshold aligns with the 0.711 HHP threshold in the DPPP 
standards for self-priming pool filter pumps. (1.15 THP is roughly 
equivalent to 0.711 HHP.) Almost all motors used in non-self-priming 
pool filter pumps and pressure cleaner booster pumps have THPs less 
than 1.15 THP. Therefore, DPPP motors that must meet the definition 
of ``variable-speed control dedicated-purpose pool pump motor'' will 
almost exclusively be motors for self-priming pool filter pumps, 
aligning with the DPPP standards.
    Our proposed definition for ``variable-speed control dedicated-
purpose pool pump motor'' would include motors that provide at least 
four speed options. Providing the choice of a variety of speeds 
would align with the DPPP standards, which, for most in-ground 
pumps, are based on the performance of pumps with variable-speed 
motors. At the same time, our proposed definition would provide 
manufacturers flexibility in developing new products. In particular, 
our proposed definition would allow manufacturers to introduce 
lower-cost motors that are not ``true'' variable-speed products, but 
that still provide very substantial energy savings and performance 
consistent with the DPPP standards. Our proposed definition for 
``variable-speed control dedicated-purpose pool pump motor'' also 
includes specifications for how these motors must be distributed in 
commerce to ensure that they have the ability to operate at a 
variety of speeds in the field (e.g., be distributed with a variable 
speed drive), which align with the DPPP standards. Since variable-
speed replacement motors may be sold without a

[[Page 45856]]

drive (e.g., if the existing installed drive is still functioning), 
we have also provided the option for a variable-speed motor to be 
sold without a drive as long as it cannot operate without a drive. 
Our proposed definition for ``variable-speed control dedicated-
purpose pool pump motor'' also includes specifications regarding 
high speed override capability and default settings to help ensure 
that motors meeting this definition deliver the expected savings for 
consumers.
    Finally, DPPP motors with freeze protection controls would be 
subject to the same requirements as DPPPs with freeze protection 
controls. These requirements are designed to ensure that motors with 
freeze protection controls do not end up running for more hours than 
are required to provide adequate freeze protection, resulting in 
significant wasted energy and unnecessary additional electricity 
costs for consumers.

D. Labeling

    Our preference is for labeling requirements to be included as 
part of the rule for DPPP motors. Our proposed labeling requirements 
include the dedicated-purpose pool pump motor total horsepower and 
whether the motor is single-speed, two-speed, multi-speed, or 
variable-speed control. These labeling requirements would provide 
additional information to both consumers and installers and help 
standardize the use of total horsepower throughout the industry.

E. Reporting

    We are proposing that reporting requirements for DPPP motors 
include, but not be limited to, information about the settings of 
the controls for motors with freeze protection controls. These 
reporting requirements align with the reporting requirements for 
DPPPs.

F. Compliance Date

    The compliance date for DPPP motors must be July 19, 2021 to 
align with the compliance date for DPPPs. Aligning the compliance 
dates is essential in order to prevent a loophole for replacement 
motors and to avoid the need for manufacturers to convert their 
product lines twice, which would significantly increase their costs 
and, in turn, costs for consumers.
    Further, the compliance date for DPPPs must remain July 19, 
2021. U.S. manufacturers of both pool pumps and motors are already 
making significant investments to comply with the DPPP standards. If 
enforcement of the DPPP standards were to be delayed beyond the 
current compliance date, the beneficiaries of such a delay would be 
foreign manufacturers who have not yet made investments in upgrading 
their technology and who would see an opportunity to sell 
inefficient pumps to the U.S. market. This outcome would inflict 
serious harm on domestic manufacturers by undercutting their 
investments, which would threaten American manufacturing jobs. 
Manufacturers would also face market confusion in the event that the 
standards continued to be enforced through state building codes, 
despite a federal delay on enforcement. Finally, a delay would 
seriously harm consumers who would continue to be sold inefficient, 
wasteful products, costing them hundreds of dollars in electricity 
bill savings each year.

G. Verification of Total Horsepower

    We are proposing that for purposes of verifying THP, DOE should 
use the test procedure for DPPPs, which includes methods for 
determining dedicated-purpose pool pump motor total horsepower.

V. Benefits of the Joint Stakeholder Proposal

    Our proposal for DPPP motors will provide significant benefits 
to consumers, manufacturers, and the electric grid. By closing the 
replacement motor loophole, consumers will be assured that when 
replacing the motor on a variable-speed pump, the new motor will 
continue to provide the $550 in average annual operating cost 
savings and the additional benefits of variable-speed technology. 
Pool pump manufacturers will be protected against a market shift to 
unregulated, foreign-made replacement motors, which would threaten 
American manufacturing jobs. Finally, because pool pumps often 
operate the most in the summer and during times of peak demand, 
protecting the significant electricity savings from the DPPP 
standards will also protect the corresponding reductions in peak 
demand, which bolster electric grid resilience. Reductions in peak 
demand also help lower electricity rates, which benefits all 
consumers. However, in order for these significant benefits to 
consumers, manufacturers, and the electric grid to be realized, the 
compliance date for DPPP motor standards must be July 19, 2021, and 
there must be no delay in the DPPP compliance date.

VI. Electric Motors Authority

    DOE should adopt our proposal for standards for DPPP motors 
using the Department's authority over ``electric motors.'' 
``Electric motor'' is defined as ``a machine that converts 
electrical power into rotational mechanical power'' (10 CFR 431.12). 
DPPP motors are electric motors, and electric motors are already 
covered equipment.

VII. Use of a DFR

    DOE should adopt our proposal for standards for DPPP motors 
using a DFR. Importantly, a DFR will ensure that the compliance date 
for DPPP motors can be aligned with that for DPPPs. As described 
above, alignment of the compliance dates is essential in order to 
close the replacement motor loophole and to avoid manufacturers 
having to convert their product lines twice. Further, it is 
essential that the compliance dates for both DPPPs and DPPP motors 
be July 19, 2021 as any delay in the compliance date for DPPPs would 
have serious negative consequences for both consumers and domestic 
manufacturers.
    DOE has the authority to issue a DFR ``on receipt of a statement 
that is submitted jointly by interested persons that are fairly 
representative of relevant points of view (including representatives 
of manufacturers of covered products, States, and efficiency 
advocates)'' (42 U.S.C. 6295(p)(4)). The signatories to this Joint 
Statement include all relevant stakeholders including manufacturers 
of both pool pumps and motors; a trade association that represents 
pool pump and pool pump motor manufacturers and installers; a trade 
association that represents motor manufacturers; states; consumer 
advocate organizations; efficiency and environmental organizations; 
and electric utilities.
    While we believe that all relevant stakeholders are represented 
by the signatories to this Joint Statement, to the extent that there 
is any concern regarding the ability for any other party to provide 
input on our recommended standards before they are issued as part of 
a DFR, DOE could publish our Joint Statement and provide a limited 
(e.g., 30-day) comment period.

VIII. Executive Order Compliance

    Importantly, there are no new costs associated with our 
proposal. The analysis for the DPPP rulemaking already accounted for 
the costs of motor replacements for the portion of consumers that 
will replace the motor during the life of their pump. Specifically, 
the DPPP rulemaking assumed like-for-like motor replacements (e.g., 
that a variable-speed motor would be replaced with a new variable-
speed motor). The assumption of like-for-like motor replacements 
does not reflect the real-world situation and the high likelihood of 
many variable-speed motors on compliant pumps being replaced not 
with variable-speed motors, but with inefficient single-speed 
motors. Nevertheless, because the costs of variable-speed 
replacement motors were already accounted for in the DPPP 
rulemaking, DOE would be double counting the costs if the Department 
were to include costs associated with motor replacements in a DPPP 
motors rulemaking.
    Since there are no costs associated with our proposal relative 
to the costs assumed in the DPPP rule, we believe that our proposal 
would not be subject to Executive Orders 12866 and 13771.

IX. Conclusion

    The Joint Stakeholders strongly urge DOE to adopt our proposal 
for standards for DPPP motors contained in Appendix A in order to 
protect consumers and the investments being made by domestic 
manufacturers. We encourage DOE to act expeditiously in order to 
ensure alignment of the compliance date for DPPP motors with the 
compliance date for DPPPs (July 19, 2021).

Sincerely,
BILLING CODE 6450-01-P

[[Page 45857]]

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[[Page 45858]]


[GRAPHIC] [TIFF OMITTED] TP11SE18.002


[[Page 45859]]


[GRAPHIC] [TIFF OMITTED] TP11SE18.003

BILLING CODE 6450-01-C

APPENDIX A

Dedicated-Purpose Pool Pump (DPPP) Motors Joint Stakeholder Proposal

Definitions

    Capacitor-start, induction-run means a single-phase induction 
motor configuration with a main winding arranged for direct 
connection to a source of power and an auxiliary winding connected 
in series with a capacitor. The motor configuration has a capacitor 
phase, which is in the circuit only during the starting period.
    Dedicated-purpose pool pump motor means an electric motor that 
is single-phase or polyphase which complies with and is certified to 
UL 1004-10 and/or is designed and/or marketed for use in dedicated- 
purpose pool pump applications.
    Designed and marketed means that the equipment is designed to 
fulfill the intended application and, when distributed in commerce, 
is designated and marketed solely for that application, with the 
designation on all the packaging and all publicly available 
documents (e.g., product literature, catalogs, and packaging 
labels).
    Designed and/or marketed means that the equipment is designed to 
fulfill the intended application and/or, when distributed in 
commerce, is designated and marketed for that application, with the 
designation on the packaging and/or any publicly available documents 
(e.g., product literature, catalogs, and packaging labels).
    Drive means a power converter (such as a variable speed drive or 
phase-converter).
    Integral cartridge-filter pool pump motor means a dedicated-
purpose pool pump motor that is distributed in commerce as a 
component of an integral cartridge-filter pool pump as defined at 10 
CFR 431.462.
    Integral sand-filter pool pump motor means a dedicated-purpose 
pool pump motor that is distributed in commerce as a component of an 
integral sand-filter pool pump as defined at 10 CFR 431.462.
    Maximum operating speed means the rated full-load speed of a 
motor powered by a 60 Hz alternating current (AC) source.
    Rigid electric spa pump motor means a dedicated-purpose pool 
pump motor that does not have a C-flange or square flange mounting 
and that is:
    (1) labeled,
    (2) designed, and
    (3) marketed for use only in rigid electric spas as defined at 
10 CFR 431.462.
    Split phase means a single-phase induction motor configuration 
with an auxiliary winding displaced in magnetic position from, and 
connected in parallel with the main winding. The auxiliary circuit 
is open when the motor has attained a predetermined speed.
    Storable electric spa pump motor means a dedicated-purpose pool 
pump motor that is distributed in commerce as a component of a 
storable electric spa pump as defined at 10 CFR 431.462.
    Waterfall pump motor means a dedicated-purpose pool pump motor 
with a maximum speed less than or equal to 1,800 rpm that is 
designed and marketed for waterfall pump applications and labeled 
for use only with waterfall pumps.

Scope of coverage

    DPPP motors meet the definition of electric motor at 10 CFR 
431.12. The standards will apply to dedicated-purpose pool pump 
(DPPP) motors, including DPPP motors incorporated in DPPPs produced 
domestically and imported, with dedicated-purpose pool pump motor 
total horsepower (THP) as defined at 10 CFR 431.462 less than or 
equal to 5 THP, with the following exemptions:

Exempted DPPP motors:

     Polyphase motors capable of operating without a drive 
and distributed in commerce without a drive that converts single-
phase power to polyphase power
     Waterfall pump motors
     Rigid electric spa pump motors
     Storable electric spa pump motors
     Integral cartridge-filter pool pump motors
     Integral sand-filter pool pump motors

Prescriptive requirements

    There will be prescriptive requirements for all DPPP motors, for 
DPPP motors with a THP greater than or equal to 1.15 THP, and for 
DPPP motors with freeze protection controls. DPPP motors include 
motors manufactured domestically, motors imported alone, and motors 
imported as a component of a DPPP assembly.

DPPP motors

    DPPP motors must not operate with a capacitor start induction 
run (CSIR) or split phase (SP) configuration at maximum operating 
speed.

DPPP motors with THP greater than or equal to 1.15 THP

    DPPP motors with THP greater than or equal to 1.15 THP will have 
a prescriptive speed control requirement.

Prescriptive Requirement: Variable Speed Control

    Each dedicated-purpose pool pump motor with a dedicated-purpose 
pool pump motor total horsepower greater than or equal to 1.15 THP 
shall meet the definition of a variable-speed control dedicated- 
purpose pool pump motor.
    A variable-speed control dedicated-purpose pool pump motor 
means:
    A dedicated-purpose pool pump motor that is capable of operating 
at four or more discrete, user- or pre-determined operating speeds, 
where one of the operating speeds is the maximum operating speed and 
at least:
     One of the operating speeds is 75% to 85% of the 
maximum operating speed;

[[Page 45860]]

     One of the operating speeds is 45% to 55% of the 
maximum operating speed;
     One of the operating speeds is less than or equal to 
40% of the maximum operating speed and greater than zero.
    And that must be distributed in commerce either:
    (1) With a variable speed drive and with a user interface that 
changes the speed in response to pre- programmed user preferences 
and allows the user to select the duration of each speed and/or the 
on/off times;
    (2) With a variable speed drive and without a user interface 
that changes the speed in response to pre-programmed user 
preferences and allows the user to select the duration of each speed 
and/or the on/off times, but is unable to operate without the 
presence of a user interface; or
    (3) Without a variable speed drive and with or without a user 
interface, but is unable to operate without the presence of a 
variable speed drive.
    And:
    (1) Any high speed override capability shall be for a temporary 
period not to exceed one 24-hour cycle without resetting to default 
settings or resuming normal operation according to pre- programmed 
user preferences; and
    (2) Any factory default setting for daily run time schedule may 
not include more hours at an operating speed above 55% of maximum 
operating speed than the hours at or below 55% of maximum operating 
speed; or if a motor is distributed in commerce without a default 
setting for daily run time schedule, the default operating speed 
after any priming cycle (if applicable) must be no greater than 55% 
of the maximum operating speed.

DPPP motors with freeze protection controls

    For all dedicated-purpose pool pump motors distributed in 
commerce with freeze protection controls, the motor 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 [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 speed.

Labeling

    If DOE is able to implement labeling requirements, the permanent 
nameplate must be marked clearly with the following information:
    (A) The dedicated-purpose pool pump motor total horsepower; and
    (B) Either: single-speed, two-speed, multi-speed, or variable-
speed control.

Reporting

    Certification reporting requirements should include, but not be 
limited to,:
    (A) For dedicated-purpose pool pump motors distributed in 
commerce with freeze protection controls, a statement regarding 
whether freeze protection is shipped enabled or disabled, and for 
dedicated-purpose pool pump motors distributed in commerce with 
freeze protection controls enabled, the default dry-bulb air 
temperature setting (in [deg]F), default run time setting (in 
minutes), and default motor speed (in rpm).

Compliance date

    The compliance date should be July 19, 2021 to align with the 
compliance date of the DPPP standards.

Verification of THP

    For purposes of verifying THP, DOE should use the DPPP test 
procedure at 10 CFR 431 Appendix C to Subpart Y.

[FR Doc. 2018-19577 Filed 9-10-18; 8:45 am]
BILLING CODE 6450-01-P



                                                                                                                                                                                                       45851

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 176

                                                                                                                                                               Tuesday, September 11, 2018



                                                 This section of the FEDERAL REGISTER                    it is not necessary to include printed                provisions of 42 U.S.C. 6295(o) or 42
                                                 contains notices to the public of the proposed          copies.                                               U.S.C. 6316, as applicable. In publishing
                                                 issuance of rules and regulations. The                     Hand Delivery/Courier: Appliance                   the petition in its entirety for public
                                                 purpose of these notices is to give interested          and Equipment Standards Program, U.S.                 comment, DOE is seeking views on
                                                 persons an opportunity to participate in the            Department of Energy, Building                        whether to proceed with the petition as
                                                 rule making prior to the adoption of the final          Technologies Office, 950 L’Enfant Plaza
                                                 rules.
                                                                                                                                                               suggested by the Joint Stakeholders.1
                                                                                                         SW, Suite 600, Washington, DC 20024.                  DOE is also interested in the views of
                                                                                                         Telephone: (202) 287–1445. If possible,               parties that were not part of the Joint
                                                 DEPARTMENT OF ENERGY                                    please submit all items on a CD, in                   Stakeholder group to aid in determining
                                                                                                         which case it is not necessary to include             if the Joint Stakeholders constitute a
                                                 10 CFR Part 431                                         printed copies.                                       group of interested persons that are
                                                                                                            Docket: For access to the docket to                fairly representative of relevant points
                                                 [EERE–2017–BT–STD–0048]                                 read background documents, or                         of view.
                                                                                                         comments received, go to the Federal                     If DOE determines to issue the direct
                                                 Energy Conservation Program: Energy
                                                                                                         eRulemaking Portal at http://                         final rule for DPPPs, the agency must
                                                 Conservation Standards for Dedicated-
                                                                                                         www.regulations.gov. All documents in                 simultaneously publish a notice of
                                                 Purpose Pool Pump Motors, Notice of
                                                                                                         the docket are listed in the http://                  proposed rulemaking (NOPR) that
                                                 Request for Direct Final Rule                           www.regulations.gov index. However,                   proposes an identical energy
                                                 AGENCY:  Office of Energy Efficiency and                some documents listed in the index,                   conservation standard and provides for
                                                 Renewable Energy, Department of                         such as those containing information                  a public comment period of at least 110
                                                 Energy (DOE).                                           that is exempt from public disclosure,                days. 42 U.S.C. 6295(p)(4). Not later
                                                 ACTION: Notice of joint stakeholder                     may not be publicly available. The                    than 120 days after issuance of the
                                                 proposal for direct final rule, and                     docket web page can be found https://                 direct final rule, if DOE receives one or
                                                 request for comments.                                   www.regulations.gov/docket?D=EERE-                    more adverse comments or an
                                                                                                         2017-BT-STD-0048. The docket web                      alternative joint recommendation
                                                 SUMMARY:   On August 14, 2018, the                      page will contain simple instruction on               relating to the direct final rule, the
                                                 Department of Energy (DOE) received a                   how to access all documents, including                Secretary must determine whether the
                                                 petition submitted by a variety of                      public comments, in the docket.                       comments or alternative
                                                 entities (collectively, the Joint                       FOR FURTHER INFORMATION CONTACT:                      recommendation may provide a
                                                 Stakeholders or the Petitioners) asking                 Jeremy Dommu, U.S. Department of                      reasonable basis for withdrawal under
                                                 DOE to issue a direct final rule for                    Energy, Building Technologies Office,                 42 U.S.C. 6295(o) or other applicable
                                                 energy conservation standards for                       EE–5B, 1000 Independence Avenue SW,                   law. If the Secretary makes such a
                                                 dedicated-purpose pool pump (DPPP)                      Washington, DC, 20585, (202) 586–9870.                determination, DOE must withdraw the
                                                 motors. Through this notification, DOE                  Email: ApplianceStandardsQuestions@                   direct final rule and proceed with the
                                                 seeks comment on whether to proceed                     ee.doe.gov.                                           simultaneously published NOPR. DOE
                                                 with the proposal, as well as any data                     Mary Greene, U.S. Department of                    must publish in the Federal Register the
                                                 or information that could be used in                    Energy, Office of the General Counsel,                reasons why the direct final rule was
                                                 DOE’s determination whether to issue a                  1000 Independence Avenue SW,                          withdrawn.
                                                 direct final rule.                                      Washington, DC 20585, Email:                             By seeking comment on whether to
                                                 DATES: Written comments and                             mary.greene@hq.doe.gov; (202) 586–                    issue a direct final rule in accordance
                                                 information are requested on or before                  1817                                                  with the Joint Stakeholders’ petition,
                                                 October 26, 2018.                                       SUPPLEMENTARY INFORMATION: As                         DOE takes no position at this time
                                                 ADDRESSES: Interested persons are                       amended by the Energy Efficiency                      regarding whether the submitted
                                                 encouraged to submit comments,                          Improvement Act of 2015, Public Law                   petition satisfies EPCA’s requirement
                                                 identified by ‘‘Dedicated-Purpose Pool                  114–11 (April 30, 2015), the Energy                   that such a statement must be submitted
                                                 Pump Proposal’’ and Docket number                       Policy and Conservation Act (EPCA or,                 by interested persons that are fairly
                                                 ‘‘EERE–2017–BT–STD–0048’’, by any of                    in context, the Act), Public Law 94–163               representative of relevant points of view
                                                 the following methods:                                  (42 U.S.C. 6291–6309, as codified),                   and that the proposal must be in
                                                    Federal eRulemaking Portal: http://                  authorizes DOE to issue a direct final                compliance with the provisions of 42
                                                 www.regulations.gov. Follow the                         rule establishing an energy conservation
                                                                                                                                                                 1 The Joint Stakeholders include: Association of
                                                 instructions for submitting comments.                   standard for a product on receipt of a
                                                                                                                                                               Pool & Spa Professionals, Alliance to Save Energy,
                                                    Email: DPPMotors2017STD0048@                         statement submitted jointly by                        American Council for an Energy Efficient Economy,
                                                 ee.doe.gov. Include the docket number                   interested persons that are fairly                    Appliance Standards Awareness Project, Arizona
                                                 ‘‘EERE–2017–BT–STD–0048’’ in the                        representative of relevant points of view             Public Service, California Energy Commission,
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 subject line of the message.                            (including representatives of                         California Investor Owned Utilities, Consumer
                                                                                                                                                               Federation of America, Florida Consumer Action
                                                    Mail: Appliance and Equipment                        manufacturers of covered products,                    Network, Hayward Industries, National Electrical
                                                 Standards Program, U.S. Department of                   States, and efficiency advocates) as                  Manufacturers Association, Natural Resources
                                                 Energy, Building Technologies Office,                   determined by the Secretary of Energy                 Defense Council, Nidec Motor Corporation,
                                                 Mailstop EE–5B, 1000 Independence                       (Secretary). That statement must contain              Northwest Power and Conservation Council, Pentair
                                                                                                                                                               Water Pool and Spa, Regal Beloit Corporation,
                                                 Avenue SW, Washington, DC 20585–                        recommendations with respect to an                    Speck Pumps, Texas ROSE (Ratepayers’
                                                 0121. If possible, please submit all items              energy or water conservation standard                 Organization to Save Energy), Waterway Plastics,
                                                 on a compact disc (CD), in which case                   that are in accordance with the                       WEG, Zodiac Pool Systems.



                                            VerDate Sep<11>2014   16:36 Sep 10, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\11SEP1.SGM   11SEP1


                                                 45852               Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules

                                                 U.S.C. 6295(o) or 42 U.S.C. 6316, as                    website will waive any CBI claims for                 One copy of the document marked
                                                 applicable. Further, DOE takes no                       the information submitted. For                        confidential including all the
                                                 position at this time regarding the                     information on submitting CBI, see the                information believed to be confidential,
                                                 merits of the petition itself.                          Confidential Business Information                     and one copy of the document marked
                                                    DOE notes that the Administrative                    section.                                              non-confidential with the information
                                                 Procedure Act (APA), 5 U.S.C. 551 et                       DOE processes submissions made                     believed to be confidential deleted.
                                                 seq., provides among other things, that                 through http://www.regulations.gov                    Submit these documents via email or on
                                                 ‘[e]ach agency shall give an interested                 before posting. Normally, comments                    a CD, if feasible. DOE will make its own
                                                 person the right to petition for the                    will be posted within a few days of
                                                                                                                                                               determination about the confidential
                                                 issuance, amendment or repeal of a                      being submitted. However, if large
                                                                                                                                                               status of the information and treat it
                                                 rule.’’ (5 U.S.C. 553(e)). DOE requests                 volumes of comments are being
                                                 comment on whether it should consider                   processed simultaneously, your                        according to its determination.
                                                 the petition from the Joint Stakeholders                comment may not be viewable for up to                    Factors of interest to DOE when
                                                 under this authority should it determine                several weeks. Please keep the comment                evaluating requests to treat submitted
                                                 it cannot proceed with consideration of                 tracking number that http://                          information as confidential include (1) a
                                                 the proposal under the direct final rule                www.regulations.gov provides after you                description of the items, (2) whether
                                                 authority. Again, while seeking                         have successfully uploaded your                       and why such items are customarily
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                                                 Submission of Comments                                  will also be posted to http://                        information has previously been made
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                                                 submit in writing by October 26, 2018                                                                         available to others without obligation
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                                                 which disclosure is restricted by statute,              posting time.                                         Approval of the Office of the Secretary
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                                                 financial information (hereinafter                      According to 10 CFR 1004.11, any                        The Secretary of Energy has approved
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                                                 as CBI. Comments received through the                   hand delivery two well-marked copies:


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                                                                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules                                                    45853

                                                   Signed in Washington, DC on August 31,                system at a low flow rate. Variable-speed               the performance of their pump. But in fact,
                                                 2018.                                                   pumps can reduce energy use by about 70%                if an existing variable-speed motor is
                                                 Kathleen B. Hogan,                                      relative to single-speed pumps by being able            replaced with a single-speed motor, the
                                                 Deputy Assistant Secretary for Energy                   to operate at a lower speed for the hours               consumer will lose all the energy savings and
                                                 Efficiency, Energy Efficiency and Renewable             during which the pump is circulating water              other benefits (including the quieter
                                                 Energy.                                                 for filtration. In addition to saving energy,           operation) of their variable-speed pump.
                                                                                                         operating the pump at a lower speed reduces             When looking to replace a pool pump motor,
                                                 Joint Statement of Joint Stakeholder                    noise levels, improves filtration effectiveness,        a consumer with a variable-speed pool pump
                                                 Proposal for Energy Conservation                        and can extend the life of other pool                   that meets the DPPP standards may therefore
                                                 Standards for Dedicated-Purpose Pool                    equipment.                                              unknowingly end up with a single-speed
                                                 Pump Motors                                                The DPPP standards will provide very                 replacement motor that would immediately
                                                                                                         large savings for consumers. There are more             increase their electricity bills by hundreds of
                                                 Docket No. EERE–2017–BT–STD–0048                        than 8 million pools in the U.S.1 DOE                   dollars each year and not provide the
                                                 August 14, 2018                                         estimated average life-cycle cost savings for           additional benefits of variable-speed
                                                                                                         owners of in-ground pools of $2,140 with a              technology.
                                                 Association of Pool & Spa Professionals                 simple payback of less than 1 year.2 The                   For manufacturers, a disruption in the
                                                 Alliance to Save Energy American Council                average annual operating cost savings are               market would lead to lower sales of regulated
                                                 for an Energy-Efficient Economy                         about $550.3 However, the DPPP standards                DPPPs and increased sales of unregulated,
                                                                                                         do not address replacement motors, which                inefficient replacement motors. While most
                                                 Appliance Standards Awareness Project                   presents a significant loophole that seriously          pool pumps are manufactured domestically,
                                                 Arizona Public Service                                  threatens both the consumer savings from the            most of the motors for pool pumps are
                                                                                                         standards and the investments that
                                                                                                                                                                 manufactured in China. Two of the major
                                                 California Energy Commission                            manufacturers are making to comply with the
                                                                                                                                                                 pool pump manufacturers have more than
                                                                                                         standards. If the replacement motor loophole
                                                 California Investor Owned Utilities                                                                             1,400 pool equipment manufacturing jobs in
                                                                                                         is not addressed, there will be a disruption
                                                                                                                                                                 North Carolina alone. Increased sales of
                                                 Consumer Federation of America                          in the market between regulated pump/motor
                                                                                                                                                                 inefficient, imported replacement motors
                                                                                                         combinations (DPPPs) and unregulated
                                                 Florida Consumer Action Network                         replacement motors. This would result in                would seriously undercut domestic
                                                                                                         significant negative impacts for both                   manufacturers’ investments in meeting the
                                                 Hayward Industries
                                                                                                         consumers and domestic manufacturers.                   DPPP standards, putting American
                                                 National Electrical Manufacturers                          The motor on a pool pump will often fail             manufacturing jobs at risk.
                                                 Association                                             before the pump itself needs to be replaced,               Furthermore, if DOE does not address the
                                                                                                         and motor-only replacements are common.                 replacement motor loophole, individual
                                                 Natural Resources Defense Council
                                                                                                         Without a complementary standard for DPPP               states may step in with their own standards.
                                                 Nidec Motor Corporation                                 motors, when replacing a pool pump motor,               Currently, there are multiple state standards
                                                                                                         consumers will continue to be sold                      for pool pumps and motors. State standards
                                                 Northwest Power and Conservation Council                                                                        are significantly more burdensome for
                                                                                                         inefficient, wasteful products. Today, even
                                                 Pentair Water Pool and Spa                              though variable-speed motors provide                    manufacturers than a single national
                                                 Regal Beloit Corporation                                substantial savings to consumers as well as             standard because they may and do result in
                                                                                                         other benefits, significant market barriers             different requirements in different states and
                                                 Speck Pumps                                             prevent most consumers from realizing these             require manufacturers to set up specific
                                                 Texas ROSE (Ratepayers’ Organization to                 benefits. When a motor on a pool pump fails,            distribution channels to ensure that they do
                                                 Save Energy)                                            the consumer’s priority must be to get the              not sell noncompliant products in those
                                                                                                         motor (or pump and motor) replaced as soon              states. As of July 19, 2021, the current state
                                                 Waterway Plastics                                       as possible in order to maintain sanitary and           standards for pool pumps will be replaced
                                                 WEG                                                     safe pool conditions. This means that when              with a single national standard. But if DOE
                                                                                                         faced with a purchase decision, consumers               does not establish complementary standards
                                                 Zodiac Pool Systems                                     have very little time to research their options.        for DPPP motors, manufacturers will
                                                                                                         In many cases, service installers may install           continue to be faced with a patchwork of
                                                 I. Introduction and Overview
                                                                                                         a replacement motor without providing any               state standards. A single national standard
                                                    In January 2017, the U.S. Department of              options to the consumer. Despite significant            for DPPP motors is strongly preferred to
                                                 Energy (‘‘DOE’’) established the first national         educational efforts on the part of pool pump            reduce burdens on manufacturers, ensure a
                                                 energy-efficiency standards for dedicated-              manufacturers, service installers are often             level playing field across state lines, and
                                                 purpose pool pumps (‘‘DPPPs’’) through the              uninformed about variable-speed technology.             ensure that all consumers are protected from
                                                 adoption of a direct final rule (‘‘DFR’’). DOE          In addition, the priority of service installers         inefficient, wasteful products, regardless of
                                                 confirmed the adoption of the standards and             is generally to make a sale, not to provide the         where they live.
                                                 the effective date and compliance date in a             best option for the consumer. This is the case             In comments on the 2017 DFR, multiple
                                                 notice published in May 2017. The                       today even though service installers could              stakeholders urged DOE to consider
                                                 compliance date of the new standards is July            make additional profit by selling variable-             complementary standards for pool pump
                                                 19, 2021. The DPPP standards were                       speed pumps and motors.                                 motors. In the confirmation of effective date
                                                 negotiated by an Appliance Standards and                   The consequences of a lack of                        and compliance date for the DFR, DOE
                                                 Rulemaking Federal Advisory Committee                   understanding of variable-speed technology              stated: ‘‘DOE plans to hold a public meeting
                                                 (ASRAC) working group consisting of                     will become particularly significant once the
                                                 representatives of pool pump and motor                                                                          in the near future with the interested parties
                                                                                                         DPPP standards take effect in 2021. Most                to gather data and information that could
                                                 manufacturers, state government, utilities,             consumers do not understand that the
                                                 and efficiency advocates. For most in-ground                                                                    lead to the consideration of energy
                                                                                                         substantial savings from a variable-speed               conservation standards for replacement pool
                                                 pools, the standard levels reflect variable-            pump come from the motor. Consumers will                pump motors.’’ 4 DOE subsequently held a
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                                                 speed technology. Pumps for small in-ground             likely assume that replacing the motor on a
                                                 pools, pumps for above-ground pools, and                                                                        public meeting on August 10, 2017, where
                                                                                                         variable-speed pump will have no effect on              DOE presented potential scope, definitions,
                                                 pressure cleaner booster pumps can continue
                                                 to be single-speed.                                                                                             and metrics for DPPP motors. DOE also noted
                                                                                                           1 http://www.apsp.org/Portals/0/
                                                    For a small number of hours a day, pool                                                                      in the presentation materials from the
                                                                                                         2016%20Website%20Changes/2015%20Industry
                                                 pumps need to operate at a high speed to                                                                        meeting that if DOE were to ‘‘receive a
                                                                                                         %20Stats/2015%20Industry%20Stats.pdf.
                                                 provide a high flow rate for mixing/cleaning,             2 82 Fed. Reg. 5652 (January 18, 2017). Results for   consensus agreement there could be
                                                 but most of the time they just need to                  standard-size self-priming pool filter pumps.
                                                 circulate the pool water through the filtration           3 82 Fed. Reg. 5715.                                   4 82   Fed. Reg. 24220 (May 26, 2017).



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                                                 45854               Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules

                                                 deviations from the typical process to                  more than 1.2 million customers across the            efficient products and systems. Our
                                                 expedite’’ the rulemaking.5                             state.                                                combined industries account for 360,000
                                                    After the August 2017 public meeting,                   The California Energy Commission (CEC) is          American jobs in more than 7,000 facilities
                                                 representatives from pool pump and motor                the primary energy policy and planning                covering every state. Our industry produces
                                                 manufacturers, state government, utilities,             agency of the State of California. The CEC            $106 billion shipments of electrical
                                                 and efficiency advocates (the ‘‘Joint                   regularly participates in coalition efforts and       equipment and medical imaging technologies
                                                 Stakeholders’’) formed a technical working              federal efficiency rulemakings to seek more           per year with $36 billion exports.
                                                 group to negotiate recommended standards                stringent energy conservation regulations                The Natural Resources Defense Council
                                                 for DPPP motors. Appendix A to this Joint               from DOE that will apply to California’s              (NRDC) is a national environmental advocacy
                                                 Statement includes the Joint Stakeholders’              regulated appliances, where DOE’s authority           organization with over 1.3 million members
                                                 recommendations.                                        to adopt new efficiency standards preempts            and online activists. NRDC has spent decades
                                                    The Joint Stakeholders request that DOE              states from issuing their own without prior           working to build and improve DOE’s federal
                                                 adopt our recommendations with a DFR rule               DOE approval or waiver. The CEC currently             appliance standards programs because of the
                                                 using the Department’s authority over                   has efficiency standards for pool pump and            important energy, environmental, consumer,
                                                 ‘‘electric motors’’ and to align the compliance         motor combinations, and has proposed to               and reliability benefits of appliance
                                                 date for DPPP motors with the DPPP                      establish efficiency standards for                    efficiency standards. NRDC participated in
                                                 compliance date of July 19, 2021. In order to           replacement pool pump motors should                   the enactment of the first federal legislation
                                                 protect consumers, ensure that the significant          national standards not be forthcoming.                establishing efficiency standards, and has
                                                 investments that domestic manufacturers are                The California Investor Owned Utilities            been active in all significant rulemakings
                                                 making to comply with the DPPP standards                (CA IOUs), consisting of Pacific Gas and              since then.
                                                 are not undercut, and avoid a continuation of           Electric Company (PG&E), San Diego Gas and               Nidec Motor Corporation is a leading
                                                 state standards, there must be no delay in the          Electric (SDG&E), and Southern California             manufacturer of commercial, industrial, and
                                                 July 19, 2021 DPPP compliance date.                     Edison (SCE), represent some of the largest           appliance motors and controls. The NMC
                                                                                                         utility companies in the Western United               product line features a full line of high
                                                 II. Identity of the Joint Stakeholders                  States, serving over 32 million customers.            efficiency motors, large and small, which
                                                    The Association of Pool & Spa                        The CA IOUs have been involved with pool              serve industrial, residential, and commercial
                                                 Professionals (APSP) represents over 3100               energy efficiency for over 15 years. During           markets in applications ranging from
                                                 company members. APSP is the world’s                    that time, the CA IOUs have developed and             agriculture, water treatment, mining, oil and
                                                 oldest and largest association representing             implemented various pool efficiency rebate            gas, and power generation to pool and spa
                                                 swimming pool, hot tub, and spa                         programs, and in 2004, proposed and                   motors, air conditioning condensers, rooftop
                                                 manufacturers, distributors, manufacturers’             supported the adoption of the first in the            cooling towers, and commercial refrigeration.
                                                 agents, designers, builders, installers,                nation appliance standards for pool pump              It also makes motors, controls, and switches
                                                 suppliers, retailers, and service professionals.        motors in California. These standards                 for automotive and commercial markets.
                                                 Dedicated to the growth and development of              included a test and list requirement for pool            The Northwest Power and Conservation
                                                 its members’ businesses and to promoting the            pumps to enable the reporting of Energy               Council is an interstate compact authorized
                                                 enjoyment and safety of pools and spas,                 Factor, a metric developed by the CA IOUs             by Congress in the Northwest Power Act of
                                                 APSP offers a range of services, from                   that is now used by the ENERGY STAR                   1980 (P.L.96–501) to ensure that the region
                                                 professional development to advancing key               program.                                              has an adequate, efficient, economical, and
                                                 legislation and regulation at the federal and              The Consumer Federation of America                 reliable power supply system. The members
                                                 local levels, to consumer outreach and public           (CFA) is an association of more than 250              of the Council are appointed by the
                                                 safety. APSP is the only industry                       nonprofit consumer organizations that was             Governors of the four Northwest states of
                                                 organization recognized by the American                 established in 1968 to advance the consumer           Idaho, Montana, Oregon and Washington.
                                                 National Standards Institute to develop and             interest through research, advocacy, and                 Pentair is a leading manufacturer of smart,
                                                 promote national standards for pools, hot               education. For decades, CFA has advocated             sustainable water solutions for homes,
                                                 tubs, and spas.                                         for cost-effective energy efficiency standards        business and industry around the world. Our
                                                    The Alliance to Save Energy is a non-profit,         that benefit consumers through lower energy           industry leading and proven portfolio of
                                                 bipartisan coalition of business, government,           bills.                                                solutions enables people, business and
                                                 environmental, and consumer-interest                       The Florida Consumer Action Network                industry to access clean, safe water, reduce
                                                 leaders that advocates for enhanced U.S.                (FCAN) is a non-profit that advocates on              water consumption, and recover and reuse it.
                                                 energy productivity to achieve economic                 issues including energy efficiency, utilities,        Whether it’s improving, moving or helping
                                                 growth; a cleaner environment; and greater              environment, health care, and insurance.              people enjoy water, we help manage the
                                                 energy security, affordability, and reliability.        FCAN is affiliated with the Consumer                  world’s most precious resource. A strategic
                                                    The American Council for an Energy-                  Federation of America and Fair Share. FCAN            business of Pentair, Pentair Aquatics Systems
                                                 Efficient Economy (ACEEE) acts as a catalyst            stands for an America where everyone gets             is based in Cary, N.C., and is one of the
                                                 to advance energy efficiency policies,                  their fair share, does their fair share, and          world’s leading providers of premium
                                                 programs, technologies, investments, and                pays their fair share; and where everyone             pumps, filters, heaters, controls, cleaners,
                                                 behaviors. We believe that the United States            plays by the same rules.                              lighting systems, water features, and
                                                 can harness the full potential of energy                   Hayward Industries, Inc. is a leading global       maintenance products for swimming pools
                                                 efficiency to achieve greater economic                  manufacturer of residential and commercial            and spas.
                                                 prosperity, energy security, and                        pool equipment and industrial flow control               Regal is a manufacturing company with
                                                 environmental protection for all its people.            products. Headquartered in Elizabeth, New             over 5,770 employees in the USA. Regal is a
                                                    The Appliance Standards Awareness                    Jersey with over 1,500 US-based employees,            leading manufacturer of electric motors,
                                                 Project (ASAP) is a coalition that includes             Hayward designs, manufactures, distributes,           electrical motion controls, power generation
                                                 representatives of efficiency, consumer and             and markets a complete line of residential            and transmission products with sales of over
                                                 environmental groups, utility companies,                pool equipment including pumps, filters,              $3.4B in 2017. Regal is a technology leader
                                                 state government agencies, and others.                  heaters, automatic cleaners, sanitizers,              in high-efficiency products.
                                                 Working together, the ASAP coalition seeks              automation, and lights. Hayward is a strong              Speck Pumps is a leading international
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                                                 to advance cost-effective efficiency standards          advocate of energy saving products as                 manufacturer of high-quality pumps for
                                                 at the national and state levels through                witnessed by its growing portfolio of energy          commercial and industrial applications.
                                                 technical and policy advocacy and through               efficient equipment, including a broad range             Texas ROSE (Texas Ratepayers’
                                                 outreach and education.                                 of ENERGY STAR® approved variable speed               Organization to Save Energy) is a non-profit
                                                    Arizona Public Service is Arizona’s largest          pumps.                                                organization dedicated to helping Texans’ get
                                                 and longest-serving electric company, serving              The National Electrical Manufacturers              affordable electricity and a healthy
                                                                                                         Association (NEMA) represents nearly 350              environment. We provide straightforward
                                                   5 https://www.regulations.gov/document?D=             electrical equipment and medical imaging              information to consumers and advocate for
                                                 EERE-2017-BT-STD-0048-0003. Slide 10.                   manufacturers that make safe, reliable, and           customer protections for consumers, energy



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                                                                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules                                                45855

                                                 efficiency programs, and customer education             any change to the current DPPP standards                 and simplest way to address the replacement
                                                 by providing information to the Public Utility          and instead is complementary. There are also             motor loophole. We originally considered a
                                                 Commission (PUC), Austin City Council and               no new costs associated with our proposal                performance-based approach. However, a
                                                 the Texas Legislature. Texas ROSE has been              because the analysis for the DPPP rulemaking             performance approach for DPPP motors
                                                 involved in helping to create utility programs          already accounted for the costs of motor                 would require an entirely new metric and
                                                 to provide lower rates for low-income                   replacements.                                            test procedure, which would significantly
                                                 consumers and weatherization programs to                                                                         delay implementation of our proposal,
                                                                                                         A. Definitions                                           thereby increasing manufacturer burden. Our
                                                 permanently lower energy use and utility
                                                 bills.                                                     Our proposed definitions include a                    proposed prescriptive requirements align
                                                    Waterway Plastics is proud to design,                definition for ‘‘dedicated-purpose pool pump             with the DPPP standards while avoiding the
                                                 engineer and manufacture pool and spa                   motor,’’ which covers any motor that is                  need for a test procedure rulemaking.
                                                 pumps, filters, white goods and accessories             certified to UL 1004–10 6 and/or designed                Importantly, our prescriptive approach still
                                                 and other pool and spa products in Oxnard,              and/or marketed for use in DPPP                          gives manufacturers significant flexibility to
                                                 CA, USA.                                                applications. Our proposed definitions also              provide a wide range of efficient motor
                                                    WEG is a manufacturer of industrial and              define motors that meet the definition for               options to consumers including different
                                                 commercial components and systems                       ‘‘dedicated- purpose pool pump motor’’ but               speed options and user interfaces.
                                                 solutions for customers across multiple                 that would be exempt from the standards that                Our proposed standards include three
                                                 markets around the world. WEG is 30,000                 we are proposing. These definitions for                  prescriptive requirements that align with the
                                                 employees strong across 12 manufacturing                exempted motors were crafted such as to                  DPPP standards. First, DPPP motors would
                                                 locations and 28 commercial sites, holding              minimize the risk of any potential loopholes.            be prohibited from operating with a capacitor
                                                 the distinction of having largest                                                                                start induction run (CSIR) or split phase (SP)
                                                                                                         B. Scope of Coverage
                                                 manufacturing site in the world at its                                                                           configuration at maximum operating speed.
                                                                                                            DPPP motors are electric motors. Our                  This requirement aligns the motor types for
                                                 headquarters in Jarugua Du Sol, Brazil. This
                                                                                                         proposed scope of coverage includes DPPP                 DPPP motors with the DPPP standards. This
                                                 campus is 3.57M square feet and occupied by
                                                                                                         motors with total horsepower (THP) less than             requirement is also consistent with existing
                                                 nearly 13,000 employees. WEG has over
                                                                                                         or equal to 5 THP. The 5 THP upper bound                 state standards in Arizona, California,
                                                 3,000 employees in the US between the US
                                                                                                         aligns with the upper bound for hydraulic                Connecticut, and Washington. Prohibiting
                                                 Headquarters in Atlanta, an industrial motor
                                                                                                         horsepower (HHP) in the standards for DPPPs              these inefficient motor configurations will
                                                 manufacturing location in Minneapolis, a
                                                                                                         for self-priming and non-self-priming pool               help prevent low-quality foreign imports
                                                 transformer manufacturer in Missouri, and
                                                                                                         filter pumps. (5 THP is roughly equivalent to            from undercutting U.S. manufacturers and
                                                 the Global Center of Commercial Motors
                                                                                                         2.5 HHP.) Our proposed scope of coverage                 ensure that consumers are not stuck with
                                                 Excellence in Bluffton, IN. The US is served
                                                                                                         would exempt six types of pool pump motors               very inefficient motors that would increase
                                                 out of these locations, with manufactured               from our proposed standards: polyphase
                                                 product support out of Mexico and Brazil.                                                                        their electricity bills.
                                                                                                         motors capable of operating without a drive                 Second, DPPP motors with THP greater
                                                 Over half of the product produced in the US             (and distributed in commerce without a
                                                 is applied into pumping applications,                                                                            than or equal to 1.15 THP would be required
                                                                                                         drive), waterfall pump motors, rigid electric            to meet the definition of ‘‘variable-speed
                                                 whether it be clean water or dirty, or even             spa pump motors, storable electric spa pump
                                                 hydroelectric power generation. WEG has                                                                          control dedicated-purpose pool pump
                                                                                                         motors, integral cartridge-filter pool pump              motor,’’ which we have defined. The 1.15
                                                 traditionally focused it sales from its genesis         motors, and integral sand-filter pool pump
                                                 in 1942 up to around 1985 in the local                                                                           THP threshold aligns with the 0.711 HHP
                                                                                                         motors. These exemptions align with the                  threshold in the DPPP standards for self-
                                                 Brazilian market, though through a                      DPPP standards.7 The exemption for
                                                 combination of acquisition and organic                                                                           priming pool filter pumps. (1.15 THP is
                                                                                                         polyphase motors is designed to exclude                  roughly equivalent to 0.711 HHP.) Almost all
                                                 development, export sales has increased by              three-phase motors that are intended for use
                                                 an amazing 36 times, with infrastructure and                                                                     motors used in non-self-priming pool filter
                                                                                                         in commercial applications (where there is
                                                 skills to continue a strong growth pattern                                                                       pumps and pressure cleaner booster pumps
                                                                                                         three-phase power available), but to include
                                                 well into the future.                                                                                            have THPs less than 1.15 THP. Therefore,
                                                                                                         three-phase motors that operate with a drive
                                                    Zodiac Pool Systems, LLC is a global leader                                                                   DPPP motors that must meet the definition of
                                                                                                         that converts single-phase power to three-
                                                 in swimming pool and spa products and                                                                            ‘‘variable-speed control dedicated-purpose
                                                                                                         phase power and are intended for use in
                                                 services. Zodiac is recognized as a leading,                                                                     pool pump motor’’ will almost exclusively be
                                                                                                         residential applications.
                                                 global provider of premium, innovative pool                                                                      motors for self-priming pool filter pumps,
                                                                                                            Our proposed standards (described below)
                                                 and spa products, equipment and solutions                                                                        aligning with the DPPP standards.
                                                                                                         would apply to DPPP motors that are sold as
                                                 for in-ground residential swimming pools                                                                            Our proposed definition for ‘‘variable-
                                                                                                         replacements as well as motors that are part
                                                 and spas. Zodiac is committed to designing                                                                       speed control dedicated-purpose pool pump
                                                                                                         of DPPPs. All pool pump motors would thus
                                                 and producing energy efficient, earth-friendly                                                                   motor’’ would include motors that provide at
                                                                                                         be treated equally and subject to the same
                                                 pool products and systems.                                                                                       least four speed options. Providing the choice
                                                                                                         requirements. Importantly, our proposed
                                                                                                                                                                  of a variety of speeds would align with the
                                                 III. Development of the Recommendations                 scope of coverage includes DPPP motors in
                                                                                                                                                                  DPPP standards, which, for most in-ground
                                                                                                         DPPPs regardless of whether the DPPP is
                                                    The Joint Stakeholders’ recommendations                                                                       pumps, are based on the performance of
                                                                                                         manufactured domestically or imported. If
                                                 were developed during a series of meetings                                                                       pumps with variable-speed motors. At the
                                                                                                         motors in imported DPPPs were not covered,
                                                 between December 2017 and June 2018 of a                                                                         same time, our proposed definition would
                                                                                                         manufacturers that manufacture DPPPs
                                                 technical working group consisting of pool                                                                       provide manufacturers flexibility in
                                                                                                         domestically would be put at a disadvantage.
                                                 pump and motor manufacturers, state                                                                              developing new products. In particular, our
                                                                                                         Our proposed scope of coverage will thus
                                                 government, utilities, and efficiency                                                                            proposed definition would allow
                                                                                                         provide a level playing field and protect U.S.
                                                 advocates. The goal of the working group was                                                                     manufacturers to introduce lower-cost motors
                                                                                                         manufacturing.
                                                 to develop a set of consensus                                                                                    that are not ‘‘true’’ variable-speed products,
                                                 recommendations for standards for DPPP                  C. Prescriptive Requirements                             but that still provide very substantial energy
                                                 motors to align with the standards for DPPPs              Our proposal for standards for DPPP                    savings and performance consistent with the
                                                 and to take effect concurrently with the DPPP           motors is a prescriptive approach. We believe            DPPP standards. Our proposed definition for
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                                                 standards on July 19, 2021.                             that a prescriptive approach is the quickest             ‘‘variable-speed control dedicated-purpose
                                                                                                                                                                  pool pump motor’’ also includes
                                                 IV. The Joint Stakeholders’ Proposal                                                                             specifications for how these motors must be
                                                                                                            6 Note: UL 1004–10 is in the process of being
                                                   The Joint Stakeholders’ proposal (included                                                                     distributed in commerce to ensure that they
                                                                                                         developed. We will provide an update to DOE once
                                                 as Appendix A) includes recommendations                 the UL standard has been published.                      have the ability to operate at a variety of
                                                 for definitions, scope of coverage,                        7 Note: Integral cartridge filter and integral sand   speeds in the field (e.g., be distributed with
                                                 prescriptive requirements, labeling,                    filter pool pumps are subject to the DPPP standards,     a variable speed drive), which align with the
                                                 reporting, compliance date, and verification.           but they do not have to meet an energy performance       DPPP standards. Since variable-speed
                                                 Importantly, our proposal would not result in           requirement.                                             replacement motors may be sold without a



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                                                 45856               Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules

                                                 drive (e.g., if the existing installed drive is         event that the standards continued to be              consequences for both consumers and
                                                 still functioning), we have also provided the           enforced through state building codes,                domestic manufacturers.
                                                 option for a variable-speed motor to be sold            despite a federal delay on enforcement.                  DOE has the authority to issue a DFR ‘‘on
                                                 without a drive as long as it cannot operate            Finally, a delay would seriously harm                 receipt of a statement that is submitted
                                                 without a drive. Our proposed definition for            consumers who would continue to be sold               jointly by interested persons that are fairly
                                                 ‘‘variable-speed control dedicated-purpose              inefficient, wasteful products, costing them          representative of relevant points of view
                                                 pool pump motor’’ also includes                         hundreds of dollars in electricity bill savings       (including representatives of manufacturers
                                                 specifications regarding high speed override            each year.                                            of covered products, States, and efficiency
                                                 capability and default settings to help ensure                                                                advocates)’’ (42 U.S.C. 6295(p)(4)). The
                                                                                                         G. Verification of Total Horsepower
                                                 that motors meeting this definition deliver                                                                   signatories to this Joint Statement include all
                                                 the expected savings for consumers.                       We are proposing that for purposes of               relevant stakeholders including
                                                    Finally, DPPP motors with freeze                     verifying THP, DOE should use the test                manufacturers of both pool pumps and
                                                 protection controls would be subject to the             procedure for DPPPs, which includes                   motors; a trade association that represents
                                                 same requirements as DPPPs with freeze                  methods for determining dedicated-purpose             pool pump and pool pump motor
                                                 protection controls. These requirements are             pool pump motor total horsepower.                     manufacturers and installers; a trade
                                                 designed to ensure that motors with freeze              V. Benefits of the Joint Stakeholder Proposal         association that represents motor
                                                 protection controls do not end up running for                                                                 manufacturers; states; consumer advocate
                                                 more hours than are required to provide                    Our proposal for DPPP motors will provide
                                                                                                         significant benefits to consumers,                    organizations; efficiency and environmental
                                                 adequate freeze protection, resulting in                                                                      organizations; and electric utilities.
                                                 significant wasted energy and unnecessary               manufacturers, and the electric grid. By
                                                                                                         closing the replacement motor loophole,                  While we believe that all relevant
                                                 additional electricity costs for consumers.                                                                   stakeholders are represented by the
                                                                                                         consumers will be assured that when
                                                 D. Labeling                                             replacing the motor on a variable-speed               signatories to this Joint Statement, to the
                                                   Our preference is for labeling requirements           pump, the new motor will continue to                  extent that there is any concern regarding the
                                                 to be included as part of the rule for DPPP             provide the $550 in average annual operating          ability for any other party to provide input
                                                 motors. Our proposed labeling requirements              cost savings and the additional benefits of           on our recommended standards before they
                                                 include the dedicated-purpose pool pump                 variable-speed technology. Pool pump                  are issued as part of a DFR, DOE could
                                                 motor total horsepower and whether the                  manufacturers will be protected against a             publish our Joint Statement and provide a
                                                 motor is single-speed, two-speed, multi-                market shift to unregulated, foreign-made             limited (e.g., 30-day) comment period.
                                                 speed, or variable-speed control. These                 replacement motors, which would threaten              VIII. Executive Order Compliance
                                                 labeling requirements would provide                     American manufacturing jobs. Finally,
                                                 additional information to both consumers                because pool pumps often operate the most                Importantly, there are no new costs
                                                 and installers and help standardize the use             in the summer and during times of peak                associated with our proposal. The analysis
                                                 of total horsepower throughout the industry.            demand, protecting the significant electricity        for the DPPP rulemaking already accounted
                                                                                                         savings from the DPPP standards will also             for the costs of motor replacements for the
                                                 E. Reporting                                            protect the corresponding reductions in peak          portion of consumers that will replace the
                                                   We are proposing that reporting                       demand, which bolster electric grid                   motor during the life of their pump.
                                                 requirements for DPPP motors include, but               resilience. Reductions in peak demand also            Specifically, the DPPP rulemaking assumed
                                                 not be limited to, information about the                help lower electricity rates, which benefits          like-for-like motor replacements (e.g., that a
                                                 settings of the controls for motors with freeze         all consumers. However, in order for these            variable-speed motor would be replaced with
                                                 protection controls. These reporting                    significant benefits to consumers,                    a new variable-speed motor). The assumption
                                                 requirements align with the reporting                   manufacturers, and the electric grid to be            of like-for-like motor replacements does not
                                                 requirements for DPPPs.                                 realized, the compliance date for DPPP motor          reflect the real-world situation and the high
                                                                                                         standards must be July 19, 2021, and there            likelihood of many variable-speed motors on
                                                 F. Compliance Date                                                                                            compliant pumps being replaced not with
                                                                                                         must be no delay in the DPPP compliance
                                                   The compliance date for DPPP motors must              date.                                                 variable-speed motors, but with inefficient
                                                 be July 19, 2021 to align with the compliance                                                                 single-speed motors. Nevertheless, because
                                                 date for DPPPs. Aligning the compliance                 VI. Electric Motors Authority
                                                                                                                                                               the costs of variable-speed replacement
                                                 dates is essential in order to prevent a                  DOE should adopt our proposal for                   motors were already accounted for in the
                                                 loophole for replacement motors and to avoid            standards for DPPP motors using the                   DPPP rulemaking, DOE would be double
                                                 the need for manufacturers to convert their             Department’s authority over ‘‘electric                counting the costs if the Department were to
                                                 product lines twice, which would                        motors.’’ ‘‘Electric motor’’ is defined as ‘‘a        include costs associated with motor
                                                 significantly increase their costs and, in turn,        machine that converts electrical power into           replacements in a DPPP motors rulemaking.
                                                 costs for consumers.                                    rotational mechanical power’’ (10 CFR                    Since there are no costs associated with
                                                   Further, the compliance date for DPPPs                431.12). DPPP motors are electric motors, and         our proposal relative to the costs assumed in
                                                 must remain July 19, 2021. U.S.                         electric motors are already covered                   the DPPP rule, we believe that our proposal
                                                 manufacturers of both pool pumps and                    equipment.                                            would not be subject to Executive Orders
                                                 motors are already making significant                                                                         12866 and 13771.
                                                 investments to comply with the DPPP                     VII. Use of a DFR
                                                 standards. If enforcement of the DPPP                      DOE should adopt our proposal for                  IX. Conclusion
                                                 standards were to be delayed beyond the                 standards for DPPP motors using a DFR.                  The Joint Stakeholders strongly urge DOE
                                                 current compliance date, the beneficiaries of           Importantly, a DFR will ensure that the               to adopt our proposal for standards for DPPP
                                                 such a delay would be foreign manufacturers             compliance date for DPPP motors can be                motors contained in Appendix A in order to
                                                 who have not yet made investments in                    aligned with that for DPPPs. As described             protect consumers and the investments being
                                                 upgrading their technology and who would                above, alignment of the compliance dates is           made by domestic manufacturers. We
                                                 see an opportunity to sell inefficient pumps            essential in order to close the replacement           encourage DOE to act expeditiously in order
                                                 to the U.S. market. This outcome would                  motor loophole and to avoid manufacturers             to ensure alignment of the compliance date
                                                 inflict serious harm on domestic                        having to convert their product lines twice.          for DPPP motors with the compliance date
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                                                 manufacturers by undercutting their                     Further, it is essential that the compliance          for DPPPs (July 19, 2021).
                                                 investments, which would threaten                       dates for both DPPPs and DPPP motors be
                                                 American manufacturing jobs. Manufacturers              July 19, 2021 as any delay in the compliance          Sincerely,
                                                 would also face market confusion in the                 date for DPPPs would have serious negative            BILLING CODE 6450–01–P




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                                                                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules                                45857




                                                          Jennifer Hatfield                                                                Daniel Bresette
                                                          Director, Government Affairs                                                     Vice President, Policy and
                                                          Research The Association of Pool & Spa Professionals                             Alliance to Save Energy




                                                          Steven Nadel                                                                     Joanna Mauer
                                                          Executive Director                                                               Technical Advocacy Manager
                                                          American Council for an Energy-Efficient Economy                                 Appliance Standards Awareness Project




                                                          DavidS. Werth                                                                    Drew Bohan
                                                          Manager, Marketing and Customer Programs                                         Executive Director
                                                          Arizona Public Service                                                           California Energy Commission




                                                          Patrick Eilert                                                                   Michelle Thomas
                                                          Manager, Codes & Standards                                                       Manager, Energy Codes & Standards and ZNE
                                                          Pacific Gas and Electric Company                                                 Engineering Services
                                                                                                                                           Southern California
                                                                                                                                           Edison




                                                          Kate Zeng                                                                        Mel Hall-Crawford
                                                          ETP /C&S/ZNE Manager                                                             Energy Projects Director
                                                          Customer Programs                                                                Consumer Federation of America
                                                          San Diego Gas & Electric Company
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                                                                                                                                                                                               EP11SE18.001</GPH>




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                                                 45858               Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules




                                                            Bill Newton                                                                      Clark Hale
                                                            Deputy Director                                                                  President & CEO
                                                            Florida Consumer Action Network                                                  Hayward Industries




                                                            Joseph Eaves                                                                     Lauren Urbanek
                                                            Head (Acting) NEMA Government Relations                                          Senior Energy Policy Advocate
                                                            National Electrical Manufacturers Association                                    Natural Resources Defense
                                                            Council




                                                            Chris Wiseman                                                                    James Yost
                                                            President, Commercial & Industrial Motors & Drives                               Chair
                                                            Nidec Motor Corporation                                                          Northwest Power and Conservation Council




                                                            Jerome Pedretti                                                                  Chandra Gollapudi
                                                            Vice President                                                                   Director, Government Affairs
                                                            Pentair Water Pool and Spa, Inc.                                                 Regal Beloit Corporation




                                                            Jan Baljon                                                                       Pamela Ferris
                                                            President                                                                        Executive Director
                                                            Speck Pumps                                                                      Texas ROSE (Ratepayers' Organization to
                                                                                                                                             Save Energy)
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                                                                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules                                              45859




                                                 BILLING CODE 6450–01–C                                  component of an integral sand-filter pool             without a drive that converts single-phase
                                                                                                         pump as defined at 10 CFR 431.462.                    power to polyphase power
                                                 APPENDIX A                                                                                                      • Waterfall pump motors
                                                                                                            Maximum operating speed means the rated
                                                 Dedicated-Purpose Pool Pump (DPPP)                      full-load speed of a motor powered by a 60              • Rigid electric spa pump motors
                                                 Motors Joint Stakeholder Proposal                       Hz alternating current (AC) source.                     • Storable electric spa pump motors
                                                                                                            Rigid electric spa pump motor means a                • Integral cartridge-filter pool pump
                                                 Definitions                                                                                                   motors
                                                                                                         dedicated-purpose pool pump motor that
                                                    Capacitor-start, induction-run means a               does not have a C-flange or square flange               • Integral sand-filter pool pump motors
                                                 single-phase induction motor configuration              mounting and that is:                                 Prescriptive requirements
                                                 with a main winding arranged for direct                    (1) labeled,
                                                 connection to a source of power and an                                                                           There will be prescriptive requirements for
                                                                                                            (2) designed, and
                                                 auxiliary winding connected in series with a                                                                  all DPPP motors, for DPPP motors with a
                                                                                                            (3) marketed for use only in rigid electric
                                                 capacitor. The motor configuration has a                                                                      THP greater than or equal to 1.15 THP, and
                                                                                                         spas as defined at 10 CFR 431.462.
                                                 capacitor phase, which is in the circuit only                                                                 for DPPP motors with freeze protection
                                                                                                            Split phase means a single-phase induction
                                                 during the starting period.                                                                                   controls. DPPP motors include motors
                                                                                                         motor configuration with an auxiliary
                                                    Dedicated-purpose pool pump motor                                                                          manufactured domestically, motors imported
                                                                                                         winding displaced in magnetic position from,          alone, and motors imported as a component
                                                 means an electric motor that is single-phase            and connected in parallel with the main
                                                 or polyphase which complies with and is                                                                       of a DPPP assembly.
                                                                                                         winding. The auxiliary circuit is open when
                                                 certified to UL 1004–10 and/or is designed              the motor has attained a predetermined                DPPP motors
                                                 and/or marketed for use in dedicated-                   speed.                                                  DPPP motors must not operate with a
                                                 purpose pool pump applications.                            Storable electric spa pump motor means a           capacitor start induction run (CSIR) or split
                                                    Designed and marketed means that the                 dedicated-purpose pool pump motor that is             phase (SP) configuration at maximum
                                                 equipment is designed to fulfill the intended           distributed in commerce as a component of             operating speed.
                                                 application and, when distributed in                    a storable electric spa pump as defined at 10
                                                 commerce, is designated and marketed solely             CFR 431.462.                                          DPPP motors with THP greater than or equal
                                                 for that application, with the designation on              Waterfall pump motor means a dedicated-            to 1.15 THP
                                                 all the packaging and all publicly available            purpose pool pump motor with a maximum                  DPPP motors with THP greater than or
                                                 documents (e.g., product literature, catalogs,          speed less than or equal to 1,800 rpm that is         equal to 1.15 THP will have a prescriptive
                                                 and packaging labels).                                  designed and marketed for waterfall pump              speed control requirement.
                                                    Designed and/or marketed means that the              applications and labeled for use only with
                                                 equipment is designed to fulfill the intended           waterfall pumps.                                      Prescriptive Requirement: Variable Speed
                                                 application and/or, when distributed in                                                                       Control
                                                 commerce, is designated and marketed for                Scope of coverage                                        Each dedicated-purpose pool pump motor
                                                 that application, with the designation on the             DPPP motors meet the definition of electric         with a dedicated-purpose pool pump motor
                                                 packaging and/or any publicly available                 motor at 10 CFR 431.12. The standards will            total horsepower greater than or equal to 1.15
                                                 documents (e.g., product literature, catalogs,          apply to dedicated-purpose pool pump                  THP shall meet the definition of a variable-
                                                 and packaging labels).                                  (DPPP) motors, including DPPP motors                  speed control dedicated- purpose pool pump
                                                    Drive means a power converter (such as a             incorporated in DPPPs produced                        motor.
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                                                 variable speed drive or phase-converter).               domestically and imported, with dedicated-               A variable-speed control dedicated-
                                                    Integral cartridge-filter pool pump motor            purpose pool pump motor total horsepower              purpose pool pump motor means:
                                                 means a dedicated-purpose pool pump motor               (THP) as defined at 10 CFR 431.462 less than             A dedicated-purpose pool pump motor that
                                                 that is distributed in commerce as a                    or equal to 5 THP, with the following                 is capable of operating at four or more
                                                 component of an integral cartridge-filter pool          exemptions:                                           discrete, user- or pre-determined operating
                                                 pump as defined at 10 CFR 431.462.                                                                            speeds, where one of the operating speeds is
                                                    Integral sand-filter pool pump motor                 Exempted DPPP motors:                                 the maximum operating speed and at least:
                                                 means a dedicated-purpose pool pump motor                 • Polyphase motors capable of operating                • One of the operating speeds is 75% to
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                                                 that is distributed in commerce as a                    without a drive and distributed in commerce           85% of the maximum operating speed;



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                                                 45860               Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules

                                                    • One of the operating speeds is 45% to              freeze protection controls enabled, the               ACTION: Notice of proposed rulemaking;
                                                 55% of the maximum operating speed;                     default dry-bulb air temperature setting (in          extension of comment period.
                                                    • One of the operating speeds is less than           °F), default run time setting (in minutes), and
                                                 or equal to 40% of the maximum operating                default motor speed (in rpm).                         SUMMARY:   On July 17, 2018, the
                                                 speed and greater than zero.                                                                                  Agencies published in the Federal
                                                    And that must be distributed in commerce             Compliance date
                                                                                                           The compliance date should be July 19,              Register a notice of proposed
                                                 either:
                                                    (1) With a variable speed drive and with             2021 to align with the compliance date of the         rulemaking (proposal) that would
                                                 a user interface that changes the speed in              DPPP standards.                                       amend the regulations implementing
                                                 response to pre- programmed user                                                                              section 13 of the Bank Holding
                                                                                                         Verification of THP
                                                 preferences and allows the user to select the                                                                 Company Act. Section 13 contains
                                                 duration of each speed and/or the on/off                  For purposes of verifying THP, DOE should           certain restrictions on the ability of a
                                                 times;                                                  use the DPPP test procedure at 10 CFR 431
                                                                                                                                                               banking entity and nonbank financial
                                                    (2) With a variable speed drive and without          Appendix C to Subpart Y.
                                                                                                                                                               company supervised by the Board to
                                                 a user interface that changes the speed in              [FR Doc. 2018–19577 Filed 9–10–18; 8:45 am]           engage in proprietary trading and have
                                                 response to pre-programmed user preferences             BILLING CODE 6450–01–P
                                                 and allows the user to select the duration of                                                                 certain interests in, or relationships
                                                 each speed and/or the on/off times, but is                                                                    with, a hedge fund or private equity
                                                 unable to operate without the presence of a                                                                   fund. The proposed amendments are
                                                 user interface; or                                      DEPARTMENT OF TREASURY                                intended to provide banking entities
                                                    (3) Without a variable speed drive and with                                                                with clarity about what activities are
                                                 or without a user interface, but is unable to           Office of the Comptroller of the                      prohibited and to improve supervision
                                                 operate without the presence of a variable              Currency                                              and implementation of section 13.
                                                 speed drive.
                                                                                                                                                                  In response to requests from
                                                    And:                                                 12 CFR Part 44
                                                    (1) Any high speed override capability                                                                     commenters regarding issues addressed
                                                 shall be for a temporary period not to exceed           [Docket No. OCC–2018–0010]                            in the proposal, the public comment
                                                 one 24-hour cycle without resetting to default                                                                period has been extended for 30 days
                                                                                                         RIN 1557–AE27
                                                 settings or resuming normal operation                                                                         until October 17, 2018. This action will
                                                 according to pre- programmed user                       FEDERAL RESERVE SYSTEM                                allow interested persons additional time
                                                 preferences; and                                                                                              to analyze the proposal and prepare
                                                    (2) Any factory default setting for daily run                                                              their comments.
                                                 time schedule may not include more hours                12 CFR Part 248
                                                 at an operating speed above 55% of                                                                            DATES: The comment period for the
                                                                                                         [Docket No. R–1608]
                                                 maximum operating speed than the hours at                                                                     notice of proposed rulemaking
                                                 or below 55% of maximum operating speed;                RIN 7100–AF 06                                        published on July 17, 2018 (83 FR
                                                 or if a motor is distributed in commerce                                                                      33432), regarding proposed revisions to
                                                 without a default setting for daily run time            FEDERAL DEPOSIT INSURANCE                             prohibitions and restrictions on
                                                 schedule, the default operating speed after             CORPORATION                                           proprietary trading and certain interests
                                                 any priming cycle (if applicable) must be no                                                                  in, and relationships with, hedge funds
                                                 greater than 55% of the maximum operating               12 CFR Part 351
                                                 speed.
                                                                                                                                                               and private equity funds, is extended
                                                                                                         RIN 3064–AE67                                         from September 17, 2018, to October 17,
                                                 DPPP motors with freeze protection controls                                                                   2018.
                                                    For all dedicated-purpose pool pump                  COMMODITY FUTURES TRADING                             ADDRESSES: You may submit comments
                                                 motors distributed in commerce with freeze              COMMISSION                                            by any of the methods identified in the
                                                 protection controls, the motor must be
                                                                                                                                                               proposal.1 Please submit your
                                                 shipped with freeze protection disabled or              17 CFR Part 75
                                                 with the following default, user- adjustable                                                                  comments using only one method.
                                                 settings:                                               RIN 3038–AE72                                         FOR FURTHER INFORMATION CONTACT:
                                                    (1) The default dry-bulb air temperature                                                                     OCC: Tabitha Edgens, Senior
                                                 setting is no greater than 40 °F;                       SECURITIES AND EXCHANGE                               Attorney; Mark O’Horo, Attorney, Chief
                                                    (2) The default run time setting shall be no         COMMISSION                                            Counsel’s Office, (202) 649–5510; for
                                                 greater than 1 hour (before the temperature                                                                   persons who are deaf or hearing
                                                 is rechecked); and                                      17 CFR Part 255
                                                    (3) The default motor speed shall not be
                                                                                                                                                               impaired, TTY, (202) 649–5597, Office
                                                 more than 1⁄2 of the maximum speed.                     [Release no. BHCA–3; File no. S7–14–18]               of the Comptroller of the Currency, 400
                                                                                                                                                               7th Street SW, Washington, DC 20219.
                                                 Labeling                                                RIN 3235–AM10                                           Board: Kevin Tran, Supervisory
                                                   If DOE is able to implement labeling                                                                        Financial Analyst, (202) 452–2309, Amy
                                                 requirements, the permanent nameplate must              Extension of Comment Period for
                                                                                                         Proposed Revisions to Prohibitions                    Lorenc, Financial Analyst, (202) 452–
                                                 be marked clearly with the following                                                                          5293, David Lynch, Deputy Associate
                                                 information:                                            and Restrictions on Proprietary
                                                                                                         Trading and Certain Interests in, and                 Director, (202) 452–2081, David
                                                   (A) The dedicated-purpose pool pump
                                                 motor total horsepower; and                             Relationships With, Hedge Funds and                   McArthur, Senior Economist, (202) 452–
                                                   (B) Either: single-speed, two-speed, multi-           Private Equity Funds                                  2985, Division of Supervision and
                                                 speed, or variable-speed control.                                                                             Regulation; Flora Ahn, Senior Counsel,
                                                                                                         AGENCY:  Office of the Comptroller of the             (202) 452–2317, Gregory Frischmann,
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                                                 Reporting
                                                                                                         Currency, Treasury (OCC); Board of                    Counsel, (202) 452–2803, or Kirin
                                                   Certification reporting requirements should           Governors of the Federal Reserve                      Walsh, Attorney, (202) 452–3058, Legal
                                                 include, but not be limited to,:                        System (Board); Federal Deposit                       Division, Board of Governors of the
                                                   (A) For dedicated-purpose pool pump
                                                 motors distributed in commerce with freeze
                                                                                                         Insurance Corporation (FDIC); Securities              Federal Reserve System, 20th and C
                                                 protection controls, a statement regarding              and Exchange Commission (SEC); and                    Streets NW, Washington, DC 20551. For
                                                 whether freeze protection is shipped enabled            Commodity Futures Trading                             the hearing impaired only,
                                                 or disabled, and for dedicated-purpose pool             Commission (CFTC) (collectively, the
                                                 pump motors distributed in commerce with                ‘‘Agencies’’).                                          1 See   83 FR 33432, 33432–33 (July 17, 2018).



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Document Created: 2018-09-11 01:03:10
Document Modified: 2018-09-11 01:03:10
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 joint stakeholder proposal for direct final rule, and request for comments.
DatesWritten comments and information are requested on or before October 26, 2018.
ContactJeremy Dommu, U.S. Department of Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC, 20585, (202) 586-9870. Email: [email protected]
FR Citation83 FR 45851 

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