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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
Under section 301 of the Department of Energy Organization Act Public Law 9591; 42 U.S.C. 7101, DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. 15 U.S.C. 788; FEAA Section 32
essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32c requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission FTC concerning the impact of the commercial or industry standards on competition.
The modifications to the test procedure for DPPP motors adopted in this final rule incorporates testing methods contained the following commercial standards: UL 1004
10:2020 and CSA C74709. DOE has evaluated these standards and is unable to conclude whether it fully complies with the requirements of section 32b of the FEAA i.e., whether it was developed in a manner that fully provides for public participation, comment, and review. DOE has consulted with both the Attorney General and the Chairman of the FTC
about the impact on competition of using the methods contained in these standards and has received no comments objecting to their use.
M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a major rule as defined by 5 U.S.C. 8042.

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N. Description of Materials Incorporated by Reference In this final rule, DOE incorporates by reference the test standard published by CSA, titled, Energy Efficiency Test Methods for Small Motors, CSA C747
09 reaffirmed in 2014, including Update 1. CSA C74709 is an industryaccepted test procedure that measures the energy efficiency of certain motors, and is applicable to pool pump motors in scope sold in North America. The test procedure references various sections of CSA C74709 that address test setup, instrumentation, test conduct, and calculations. CSA C74709 is readily available at CSAs website at https

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webstore.ansi.org/standards/csa/
csac74709.
In this final rule, DOE also incorporates by reference the standard published by UL, titled, Standard For Safety for Pool Pump Motors, UL 1004
10:2020. UL 100410:2020 establishes definitions for certain pool pump motors and describes methods to verify the information conveyed by those required markings. UL 100410:2020 is readily available at ULs website at www.shopulstandards.com/
ProductDetail.aspx?productId=UL1004
10_1_S_20200228.

Authority: 42 U.S.C. 62916317; 28 U.S.C.
2461 note.

V. Approval of the Office of the Secretary
This subpart does not cover electric motors that are dedicatedpurpose pool pump motors, which are addressed in subpart Z of this part.
4. Add subpart Z, consisting of 431.481 through 431.484, to read as follows:

The Secretary of Energy has approved publication of this final rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business information, Energy conservation test procedures, Incorporation by reference, Reporting and recordkeeping requirements.
Signing Authority This document of the Department of Energy was signed on July 19, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on July 20, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons stated in the preamble, DOE amends part 431 of chapter II of title 10, Code of Federal Regulations as follows:
PART 431ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:

PO 00000

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2. Section 431.11 is amended by adding a sentence at the end of the paragraph to read as follows:

431.11

Purpose and scope.

This subpart does not cover electric motors that are dedicatedpurpose pool pump motors, which are addressed in subpart Z of this part.
3. Section 431.441 is amended by adding a sentence at the end of the paragraph to read as follows:
431.441

Purpose and scope.

Subpart ZDedicated-Purpose Pool Pump Motors Sec.
431.481 Purpose and scope.
431.482 Materials incorporated by reference.
431.483 Definitions.
431.484 Test procedure.
431.481

Purpose and scope.

a Purpose. This subpart contains definitions and test procedures requirements for electric motors that are dedicated-purpose pool pump motors, pursuant to Part A1 of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 63116317. It also identifies materials incorporated by reference in this part. This subpart does not cover other electric motors, which are addressed in subpart B of this part, nor does it cover small electric motors, which are addressed in subpart X of this part.
b Scope. The requirements of this subpart apply to dedicated-purpose pool pump motors, as specified in paragraphs 1.2, 1.3 and 1.4 of UL 100410:2020
incorporated by reference, see 431.482.
c Incorporation by reference. In 431.482, DOE incorporates by reference entire standards for use in this subpart; however, only the provisions of the document enumerated in an approved section are applicable within 431.482.
431.482 Materials incorporated by reference.

a General. Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552a and 1
CFR part 51. To enforce any edition
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