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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
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B. Background DPPP motors are electric motors, which are defined as machines that convert electrical power into rotational mechanical power. 10 CFR 431.12. DOE
has established test procedures, labeling requirements, and energy conservation standards for certain electric motors 10
CFR part 431, subpart B, but those requirements do not apply to DPPP
motors subject to the testing requirements of this final rule. DPPP
motors subject to the testing requirements of this final rule had not previously been subject to any Federal energy conservation standards, test procedures, or labeling requirements because they do not fall within any of the specific classes of electric motors that are currently regulated by DOE. 4
However, DPPP motors are electric motors and, therefore, are and have been among the types of industrial equipment for which Congress has authorized DOE
to establish applicable regulations under EPCA without need for DOE to undertake any additional prior administrative action.
As a general matter, DOE notes that 42
U.S.C. 6297, as applied to certain industrial equipment through 42 U.S.C.
6316a, provides that Federal preemption applies to testing and labeling requirements of equipment covered under EPCA.5 See 42 U.S.C.
6297a. Federal preemption also generally applies to energy use and energy efficiency or water use of covered products both before and after Federal energy conservation standards become effective. See 42 U.S.C. 6296b c. In the October 2020 NOPR, DOE
discussed the historical backdrop of 4 The current energy conservation standards at 10
CFR 431.425 apply to electric motors that satisfy nine criteria listed at 10 CFR 431.425g, subject to the exemptions listed at 10 CFR 431.25l. The nine criteria are as follows: 1 Are single-speed, induction motors; 2 are rated for continuous duty MG1 operation or for duty type S1 IEC; 3
contain a squirrel-cage MG1 or cage IEC rotor; 4
operate on polyphase alternating current 60-hertz sinusoidal line power; 5 are rated 600 volts or less;
6 have a 2-, 4-, 6-, or 8-pole configuration; 7 are built in a three digit or four-digit NEMA frame size or IEC metric equivalent, including those designs between two consecutive NEMA frame sizes or IEC
metric equivalent, or an enclosed 56 NEMA frame size or IEC metric equivalent; 8 produce at least one horsepower 0.746 kW but not greater than 500
horsepower 373 kW, and; 9 meet all of the performance requirements of one of the following motor types: A NEMA Design A, B, or C motor or an IEC Design N or H motor. The exemptions listed at 10 CFR 431.25l are: 1 Air-over electric motors;
2 component sets of an electric motor; 3 liquidcooled electric motors; 4 submersible electric motors; and 5 inverter-only electric motors.
5 Both pumps such as DPPPs and electric motors are treated as covered industrial equipment under EPCA, thus providing the legal basis for DOEs authority to regulate these types of equipment. See 42 U.S.C. 63111.

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electric motor regulation and the statutory framework that indicates that covered equipment specified by Congress in this case, electric motors are subject to Federal preemption regardless of whether Federal energy conservation standards, labeling requirements, or test procedures have been established. 85 FR 62816, 62818.
Accordingly, DOE notes that efforts by States to set energy conservation standards, test procedures, or labeling requirements for DPPP motorsor any other electric motorare preempted as a matter of law.6
On January 18, 2017, DOE published a direct final rule establishing energy conservation standards for dedicatedpurpose pool pumps DPPPs. 82 FR
5650 the January 2017 Direct Final Rule.7 Acknowledging comments received in response to the direct final rule in support of regulating DPPP
motors that would serve as replacement motors to the regulated pool pumps, DOE published a notice of public meeting and held a public meeting on August 10, 2017, to consider potential scope, definitions, equipment characteristics, and metrics for pool pump motors. 82 FR 30845 July 3, 2017. DOE also requested comment on potential requirements for pool pump motors in a request for information RFI pertaining to test procedures for small electric motors and electric motors. 82 FR 35468, 35474 July 31, 2017. On August 14, 2018, DOE
received a petition submitted by a variety of entities collectively, the Joint Petitioners 8 requesting that DOE issue a direct final rule to establish prescriptive standards and a labeling requirement for DPPP motors Joint 6 EPCA defines an energy conservation standard as either a performance standard prescribing a minimum level of energy efficiency or a maximum quantity of energy use for a product or a design requirement for a product. See 42 U.S.C.
631118.
7 DOE confirmed the adoption of the standards and the effective date and compliance date in a notice published on May 26, 2017. 82 FR 24218.
DOE also established a test procedure for DPPPs. 82
FR 36858 August 7, 2017.
8 The Joint Petitioners are: The Association of Pool & Spa Professionals, Alliance to Save Energy, American Council for an Energy-Efficient Economy, Appliance Standards Awareness Project, Arizona Public Service, California Energy Commission, California Investor Owned Utilities, Consumer Federation of America, Florida Consumer Action Network, Hayward Industries, National Electrical Manufacturers Association, Natural Resources Defense Council, Nidec Motor Corporation, Northwest Power and Conservation Council, Pentair Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas ROSE Ratepayers Organization to Save Energy, Waterway Plastics, WEG Commercial Motors, and Zodiac Pool Systems.

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Petition.9 The Joint Petitioners sought a compliance date of July 19, 2021, to align with the standards compliance date for DPPPs. Id. See also 82 FR
24218 May 26, 2017. DOE published a notice of the Joint Petition and sought comment on whether to proceed with the proposal, as well as any data or information that could be used in DOEs determination of whether to issue a direct final rule. 83 FR 45851
September 11, 2018.10
On December 12, 2018, representatives from APSP, NEMA, Nidec Motors, Regal Beloit, and Zodiac met with DOE to reiterate the need for implementation of the Joint Petition.
December 2018 Ex Parte Meeting, No.
42 at p. 1 11 On February 5, 2019, the Association of Pool & Spa Professionals APSP, National Electrical Manufacturers Association NEMA, Hayward, Pentair, Nidec Motors, Regal Beloit, WEG Commercial Motors, and Zodiac Pool Systems met with DOE to present an alternative approach to the Joint Petition, suggesting DOE propose a labeling requirement for DPPP motors.
February 2019 Ex Parte Meeting, No. 43
at p. 1 12 These interested parties specifically requested that DOE base the labeling requirement on a newlyavailable industry standard for pool pump motors published on July 1, 2019
UL 100410:2019, Pool Pump Motors, a design standard that incorporates some of the proposals contained in the Joint Petition.
February 2019 Ex Parte Slides, No. 43
at pp. 910 A follow-up memorandum was submitted to DOE on March 1, 2019, providing additional information related to UL 100410:2019. March 2019 Ex Parte Memo, No. 44 The interested parties noted the timelines and costs that would be involved in 9 The Joint Petition is available at www.regulations.gov/document?D=EERE-2017-BTSTD-0048-0014.
10 Docket No. EERE2017BTSTD0048, available at: www.regulations.gov/docket?D=EERE2017-BT-STD-0048.
11 With respect to each of the ex parte communications noted in this document, DOE
posted a memorandum submitted by the interested party/parties that summarized the issues discussed in the relevant meeting as well as its date and attendees, in compliance with DOEs Guidance on Ex Parte Communications. 74 FR 5279552796
Oct. 14, 2009. The memorandum of the meeting as well as any documents given to DOE employees during the meeting were added to the docket as specified in that guidance. See Id. at 74 FR 52796.
12 The parenthetical reference provides a reference for information located in the docket of DOEs rulemaking to develop the test procedure requirements for DPPP motors. Docket No. EERE2017-BT-STD-0008, which is maintained at www.regulations.gov/!docketDetail;D=EERE-2017BT-STD-0008. The references are arranged as follows: commenter, comment docket ID number, page of that document.

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