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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations
labeling, and standards. 42 U.S.C.
6316a and b; 42 U.S.C. 6297
The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: 1 Certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA 42
A. Authority U.S.C. 6316a; 42 U.S.C. 6295s, and The Energy Policy and Conservation 2 making representations about the Act, as amended EPCA 2 42 U.S.C.
efficiency of that equipment. 42 U.S.C.
62916317, among other things, 6314d Similarly, DOE uses these test authorizes DOE to regulate the energy procedures to determine whether the efficiency of a number of consumer equipment complies with relevant products and industrial equipment.
standards promulgated under EPCA. 42
Title III, Part C 3 of EPCA, added by Title U.S.C. 6316a; 42 U.S.C. 6295s IV, section 441a of the National Energy Under 42 U.S.C. 6314, EPCA sets forth Conservation Policy Act Pub. L. 95619 criteria and procedures for prescribing Nov. 9, 1978, established the Energy and amending test procedures for Conservation Program for Certain covered equipment. EPCA provides in Industrial Equipment, which set forth a relevant part that any test procedures variety of provisions designed to prescribed or amended under this improve the energy efficiency of certain section must be reasonably designed to industrial equipment. Later, the Energy produce test results which reflect the Policy Act of 1992, Public Law 102486 energy efficiency, energy use, or October 24, 1992, further amended estimated annual operating cost of EPCA by adding, among other things, covered equipment during a provisions governing the regulation of representative average use cycle and small electric motors. EPCA was further requires that test procedures not be amended by the American Energy unduly burdensome to conduct. 42
Manufacturing Technical Corrections U.S.C. 6314a2
In addition, if DOE determines that a Act, Public Law 112210 December 18, test procedure amendment is warranted, 2012, which explicitly permitted DOE
it must publish test procedures and offer to examine the possibility of regulating the public an opportunity to present other motors in addition to those oral and written comments on them. 42
electric and small electric motors that Congress had already otherwise defined U.S.C. 6314b EPCA also requires that, at least once and required DOE to regulate. 42 U.S.C.
63111A, 42 U.S.C. 63112Bxiii; 42 every 7 years, DOE evaluate test procedures for each type of covered U.S.C. 6317b equipment including small electric The energy conservation program motors to determine whether amended under EPCA consists essentially of four test procedures would more accurately parts: 1 Testing, 2 labeling, 3
or fully comply with the requirements Federal energy conservation standards, for the test procedures to not be unduly and 4 certification and enforcement burdensome to conduct and be procedures. Relevant provisions of reasonably designed to produce test EPCA include definitions 42 U.S.C.
results that reflect the energy efficiency, 6311, test procedures 42 U.S.C. 6314, energy use, and estimated operating labeling provisions 42 U.S.C. 6315, costs during a representative average energy conservation standards 42
use cycle. 42 U.S.C. 6314a1 If the U.S.C. 6313, and the authority to Secretary determines that a test require information and reports from procedure amendment is warranted, the manufacturers 42 U.S.C. 6316. EPCA
Secretary must publish test procedures includes specific authority for DOE to in the Federal Register and afford establish test procedures and standards interested persons an opportunity of for small electric motors. 42 U.S.C.
not less than 45 days duration to 6317b present oral and written data, views, Federal energy efficiency and arguments on the test procedures.
requirements for covered equipment 42 U.S.C. 6314b DOE is publishing established under EPCA generally this final rule to satisfy the 7-year supersede State laws and regulations concerning energy conservation testing, review requirement for small electric B of 10 CFR part 431 Appendix B.
The following sections discuss DOEs authority to amend test procedures for small electric motors and electric motors, as well as relevant background information regarding DOEs consideration of test procedures for these motors.

2 All references to EPCA in this document refer to the statute as amended through Americas Water Infrastructure Act of 2018, Public Law 115270
Oct. 23, 2018.

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3 For editorial purposes, upon codification into the U.S. Code, Part C was re-designated as Part A
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motors specified in EPCA, which requires that DOE publish either a final rule amending the test procedures or a determination that amended test procedures are not required. 42 U.S.C.
6314a1A This final rule also responds to petitions for rulemaking received from the National Electrical Manufacturers Association NEMA
and Underwriters Laboratory UL
pertaining to small electric motors and electric motors. See section I.B
B. Background EPCA defines small electric motor, as a NEMA general purpose alternating current single-speed induction motor, built in a two-digit frame number series in accordance with NEMA Standards Publication MG 11987. 42 U.S.C.
631113G EPCA directed DOE to establish a test procedure for those small electric motors for which DOE
makes a determination that energy conservation standards would be technologically feasible and economically justified and would result in significant energy savings. 42 U.S.C.
6317b1 On July 10, 2006, DOE
published its determination that energy conservation standards for certain polyphase and certain single-phase, capacitor-start, induction-run, small electric motors are technologically feasible and economically justified, and would result in significant energy savings. 71 FR 38799. DOE later adopted test procedures for small electric motors. 74 FR 32059 July 7, 2009
July 2009 final rule. EPCA also required that following establishment of the required test procedures, DOE
establish energy conservation standards for those small electric motors for which test procedures were prescribed. 42
U.S.C. 6317b2 DOE complied with this requirement when it established energy conservation standards for small electric motors. 75 FR 10874 March 9, 2010 March 2010 final rule.4
Subsequently, DOE published an update to the test procedures for small electric motors on May 4, 2012. 77 FR
26608. The test procedures for small electric motors appear at 10 CFR
431.444, and incorporate certain industry standards from the Institute of Electrical and Electronics Engineers IEEE and Canadian Standards Association CSA, as listed in Table I1.

4 A technical correction was published on April 5, 2010, to correct the compliance date. 75 FR
17036.

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