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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations III. Discussion A. Scope of Applicability
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In the October 2020 NOPR, DOE
proposed the scope of the test procedure and labeling requirements for DPPP
motors to align with the scope of motors used in pool pumps that are subject to the standards and for which DOE has established an energy performance requirement,13 both in terms of capacity and categories of equipment with the six exemptions. 85 FR 62816, 62820.
See also 10 CFR 431.465. In response to the October 2020 NOPR, NEMA and PHTA supported establishing test procedures and a mandatory labeling requirements for the pool pump motors proposed in scope. NEMA and PHTA, No. 57 at p. 4 Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck PumpsPool Products all supported NEMA and PHTAs comment regarding scope.14
Fluidra, No. 56 at p. 1; Hayward, No.
62 at p. 2; Nidec, No. 58; Pentair, No.
67 at p. 1; Regal Beloit, No. 61 at p. 1;
Speck Pumps-Pool Products, No. 65 at p. 1
The scope of this final rule is that, as proposed in the October 2020 NOPR.
See 85 FR 62816, 6282062821. As noted, this final rule does not establish a labeling requirement. The scope of this test procedure is all pool pump motors with a THP less than or equal to 5 THP, and excludes six categories of motors that correspond to the kinds of motors used in pool pumps for which DOE has not established performance standards. See 10 CFR 431.465. DOE
notes that DPPP motors are not small electric motors as defined under EPCA.15 Therefore, the test procedure 13 Integral cartridge filter pool pumps and integral sand filter pool pumps subject to standards do not have energy performance requirements. Instead, they must be distributed in commerce with a pool pump timer that is either integral to the pump or a separate component that is shipped with the pump. 10 CFR 431.465g.
14 Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck Pumps-Pool Products commented in support of the comments submitted by NEMA and PHTA except where noted otherwise in this notice Fluidra, No. 56 at p. 1; Hayward, No. 62 at p. 1;
Nidec, No. 58; Pentair, No. 67 at p. 2; Regal Beloit, No. 61 at p. 1; Speck Pumps-Pool Products, No. 65
at p. 1
15 DPPP motors are not general-purpose motors and therefore do not meet the definition of small electric motors. 10 CFR 431.442. Certain DPPP
motors have similar characteristics to small electric motors. They can be single-speed, NEMA 2-digit frame size, have open enclosures and can either be capacitor-start induction-run, capacitor-start capacitor-run or polyphase motors. However, these DPPP motors do not meet all the performance requirements in section 1.05 of NEMA MG11987
for general purpose motors i.e. service factor, breakdown torque, locked rotor torque; and/or are designed, marketed for use in pool pump application, or both. Therefore, they do not meet the definition of a small electric motor.

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requirements apply to DPPP motors regardless of how the equipment is sold:
i.e., whether incorporated in a DPPP or sold separately as a replacement part.
The scope is the same as the scope recommended by the Joint Petitioners, which includes pool pump motors regardless of how they are soldi.e., incorporated in pool pumps, individually sold, and without regard to whether the motor is manufactured domestically or imported. 83 FR 45851, 45855. The scope is also the same as the scope of UL 100410:2020. See UL
100410:2020 sec. 1.2, 1.3, 1.4 The exemptions, for which definitions are provided in UL 100410:2020, are listed as follows:
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, and integral sand-filter pool pump motors.
The upper limit of 5 THP
approximates the scope of the pool pumps subject to standards at 10 CFR
431.465f, which has an upper bound of 2.5 hydraulic horsepower HHP.16
DOE already defines the term dedicated-purpose pool pump motor total horsepower at 10 CFR 431.462
and establishes how it is determined in section E.3.4 of 10 CFR part 431, subpart Y, appendix C. This approach is identical to the characterization of DPPP
motor THP in UL 100410:2020 . See UL 100410:2020, sec. 2.6. UL 1004
10:2020 also directs that the DPPP
motor THP to be permanently marked on the nameplate. See UL 1004
10:2020, sec. 7.1.
The exemption for polyphase motors applies to three-phase motors operating on three-phase power supply, which means that these motors are most commonly used in commercial applications and not in residential ones.
Residential applications commonly use single-phase power. The exemptions for polyphase motors do not exempt three-phase motors operating on a single-phase power supply by connecting the motor to a drive that converts single-phase power to threephase power. This exemption ensures Accordingly, EPCAs exclusion of small electric motors that are a component of a covered product or equipment type from the small electric motors energy conservation standards does not apply to DPPP motors. See 42 U.S.C. 6317b3.
16 A pool pump providing 2.5 HHP typically operates using a 5 THP motor.

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that DPPP motors used in pool pumps operating on three-phase power, which are not subject to energy performance requirements under 10 CFR part 431, subpart Y, are exempt from the testing requirements. The remaining five exemptions also exempt DPPP motors used in DPPPs that are not subject to energy performance requirements under 10 CFR part 431, subpart Y.
As discussed, the scope of the test procedure requirements is consistent with the scope of motors used in pool pumps that are subject to standards and for which DOE has set an energy performance requirement, with the scope of UL 100410:2020, and with the scope recommendations of the Joint Petitioners.
B. Definitions In the October 2020 NOPR, DOE
noted that UL 100410:2019 provides definitions for certain pool pump motors relevant to the marking and testing specifications provided in that industry test standard. 85 FR 62816, 62821. DOE noted that while UL 1004
10:2019 was referenced in the Joint Petition, at the time, UL 100410:2019
was in the process of being developed and had not been finalized. Id. See also Joint Petition, No. 14 at p.7 DOE
presented the main deviations of the definitions finalized in UL 1004
10:2019 from those recommended by the Joint Petitioners in Table III1 of the October 2020 NOPR. 85 FR 62816, 6282162822. DOE proposed to incorporate by reference definitions from UL 100410:2019 and requested comment on the proposal. 85 FR 62816, 62822.
In response to the October 2020
NOPR, UL commented that the 2019
version of the UL 100410 standard referenced in the NOPR has been replaced by an American National Standards Institute ANSI approved 2020 version published on February 28, 2020, which includes minor editorial changes. UL also provided information on the ANSI standard approval process, which gathered broader feedback and gained consensus from several stakeholder types. UL, No. 63 at pp. 1
2 The CA IOUs, NEMA and PHTA
commented that DOE should incorporate by reference the UL 1004
10:2020 as it is the most recent version.
CA IOUs, No. 64 at p. 5; NEMA and PHTA, No. 57 at p. 4 NEMA and PHTA
stated that the definitions in UL 1004
10:2020 were appropriate. NEMA and PHTA further referenced UL comments regarding the development process for UL 100410:2020, which NEMA and PHTA described as compliant with section 32 of the Federal Energy
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