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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules 1445 to discuss the need for alternative arrangements. Once the Covid-19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
No telefacsimilies faxes will be accepted. For detailed instructions on submitting comments and additional information on this process, see section IV of this document.
Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review 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 at:
https beta.regulations.gov/docket/
EERE-2016-BT-STD-0004. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section IV for information on how to submit comments through http
www.regulations.gov.
Mr.
Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Telephone: 202 586
9870. Email: ApplianceStandards Questions@ee.doe.gov.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 2025862588. Email:
Amelia.Whiting@hq.doe.gov.
For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at 202 287
1445 or by email: ApplianceStandards Questions@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

Table of Contents I. Introduction A. Authority and Background B. Rulemaking History C. Rulemaking Process II. Request for Information and Comments Pertaining to Potential Test Procedure A. Scope and Definitions 1. Definitions for Circulator Pumps 2. Definition of Small Vertical In-Line Pump B. Metric for Circulator Pumps
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C. Test Procedure for Circulator Pumps 1. Test Methods for Different Categories and Control Varieties 2. Updates to Industry Standards D. Metric and Test Procedure for SVIL
Pumps III. Request for Information and Comments Pertaining to Energy Conservation Standards A. Market and Technology Assessment 1. Equipment Classes 2. Technology Assessment B. Screening Analysis C. Engineering Analysis 1. Efficiency Analysis 2. Cost Analysis D. Markups Analysis E. Energy Use Analysis 1. Consumer Samples and Market Breakdowns 2. Operating Hours F. Life-Cycle Cost and Payback Period Analyses G. Shipments H. Manufacturer Impact Analysis I. Other Issues IV. Submission of Comments A. Issues on Which DOE Seeks Comment
I. Introduction Pumps are included in the list of covered equipment for which DOE is authorized to establish test procedures and energy conservation standards. 42
U.S.C. 63111A Circulator and small vertical in-line SVIL pumps, which are the subject of this notification, are categories of pumps. Currently, circulator pumps and SVIL pumps are not subject to DOE test procedures or energy conservation standards. The following sections discuss DOEs authority to establish test procedures and energy conservation standards for circulator pumps and SVIL pumps and relevant background information regarding DOEs consideration of establishing Federal regulations for these equipment types.
A. Authority and Background The Energy Policy and Conservation Act, as amended EPCA,1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part C 2 of EPCA, added by Public Law 95619, Title IV, section 441a 42 U.S.C. 63116317 as codified, established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes pumps, the subject of this document. 42 U.S.C. 63111A
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A1.

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The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3
Federal energy conservation standards, and 4 certification and enforcement procedures. Relevant provisions of EPCA include definitions 42 U.S.C.
6311, test procedures 42 U.S.C. 6314, labeling provisions 42 U.S.C. 6315, energy conservation standards 42
U.S.C. 6313, and the authority to require information and reports from manufacturers 42 U.S.C. 6316.
Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C.
6316a and 42 U.S.C. 6316b; 42 U.S.C.
6297 DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C.
6316b2D
The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: 1 Certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6316a; 42 U.S.C. 6295s, and 2 making representations about the efficiency of that equipment 42 U.S.C.
6314d. Similarly, DOE must use these test procedures to determine whether the equipment complies with relevant standards promulgated under EPCA. 42
U.S.C. 6316a; 42 U.S.C. 6295s Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered equipment.
EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect energy efficiency, energy use or estimated annual operating cost of a given type of covered equipment during a representative average use cycle and requires that test procedures not be unduly burdensome to conduct. 42
U.S.C. 6314a2
Before prescribing any final test procedures, the Secretary must publish proposed test procedures in the Federal Register, and afford interested persons an opportunity of not less than 45 days duration to present oral and written data, views, and arguments on the proposed test procedures. 42 U.S.C.
6314b In proposing new standards, DOE
must evaluate that proposal against the criteria of 42 U.S.C. 6295o, as described in section I.C, and follow the
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