This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

45851 

Vol. 83, No. 176 

Tuesday, September 11, 2018 

1The Joint Stakeholders include: 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, Zodiac Pool Systems. 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2017–BT–STD–0048] 

Energy Conservation Program: Energy 

Conservation Standards for DedicatedPurpose Pool Pump Motors, Notice of 

Request for Direct Final Rule 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE). 

ACTION: Notice of joint stakeholder 

proposal for direct final rule, and 

request for comments. 

SUMMARY: On August 14, 2018, the 

Department of Energy (DOE) received a 

petition submitted by a variety of 

entities (collectively, the Joint 

Stakeholders or the Petitioners) asking 

DOE to issue a direct final rule for 

energy conservation standards for 

dedicated-purpose pool pump (DPPP) 

motors. Through this notification, DOE 

seeks comment on whether to proceed 

with the proposal, as well as any data 

or information that could be used in 

DOE’s determination whether to issue a 

direct final rule. 

DATES: Written comments and 

information are requested on or before 

October 26, 2018. 

ADDRESSES: Interested persons are 

encouraged to submit comments, 

identified by ‘‘Dedicated-Purpose Pool 

Pump Proposal’’ and Docket number 

‘‘EERE–2017–BT–STD–0048’’, by any of 

the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: DPPMotors2017STD0048@

ee.doe.gov. Include the docket number 

‘‘EERE–2017–BT–STD–0048’’ in the 

subject line of the message. 

Mail: Appliance and Equipment 

Standards Program, U.S. Department of 

Energy, Building Technologies Office, 

Mailstop EE–5B, 1000 Independence 

Avenue SW, Washington, DC 20585– 

0121. If possible, please submit all items 

on a compact disc (CD), in which case 

it is not necessary to include printed 

copies. 

Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, Suite 600, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal 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 https:// 

www.regulations.gov/docket?D=EERE2017-BT-STD-0048. The docket web 

page will contain simple instruction on 

how to access all documents, including 

public comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Dommu, U.S. Department of 

Energy, Building Technologies Office, 

EE–5B, 1000 Independence Avenue SW, 

Washington, DC, 20585, (202) 586–9870. 

Email: ApplianceStandardsQuestions@

ee.doe.gov. 

Mary Greene, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW, 

Washington, DC 20585, Email: 

mary.greene@hq.doe.gov; (202) 586– 

1817 

SUPPLEMENTARY INFORMATION: As 

amended by the Energy Efficiency 

Improvement Act of 2015, Public Law 

114–11 (April 30, 2015), the Energy 

Policy and Conservation Act (EPCA or, 

in context, the Act), Public Law 94–163 

(42 U.S.C. 6291–6309, as codified), 

authorizes DOE to issue a direct final 

rule establishing an energy conservation 

standard for a product on receipt of a 

statement submitted jointly by 

interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates) as 

determined by the Secretary of Energy 

(Secretary). That statement must contain 

recommendations with respect to an 

energy or water conservation standard 

that are in accordance with the 

provisions of 42 U.S.C. 6295(o) or 42 

U.S.C. 6316, as applicable. In publishing 

the petition in its entirety for public 

comment, DOE is seeking views on 

whether to proceed with the petition as 

suggested by the Joint Stakeholders.1

DOE is also interested in the views of 

parties that were not part of the Joint 

Stakeholder group to aid in determining 

if the Joint Stakeholders constitute a 

group of interested persons that are 

fairly representative of relevant points 

of view. 

If DOE determines to issue the direct 

final rule for DPPPs, the agency must 

simultaneously publish a notice of 

proposed rulemaking (NOPR) that 

proposes an identical energy 

conservation standard and provides for 

a public comment period of at least 110 

days. 42 U.S.C. 6295(p)(4). Not later 

than 120 days after issuance of the 

direct final rule, if DOE receives one or 

more adverse comments or an 

alternative joint recommendation 

relating to the direct final rule, the 

Secretary must determine whether the 

comments or alternative 

recommendation may provide a 

reasonable basis for withdrawal under 

42 U.S.C. 6295(o) or other applicable 

law. If the Secretary makes such a 

determination, DOE must withdraw the 

direct final rule and proceed with the 

simultaneously published NOPR. DOE 

must publish in the Federal Register the 

reasons why the direct final rule was 

withdrawn. 

By seeking comment on whether to 

issue a direct final rule in accordance 

with the Joint Stakeholders’ petition, 

DOE takes no position at this time 

regarding whether the submitted 

petition satisfies EPCA’s requirement 

that such a statement must be submitted 

by interested persons that are fairly 

representative of relevant points of view 

and that the proposal must be in 

compliance with the provisions of 42 


daltland on DSKBBV9HB2PROD with PROPOSALS
45852 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 

U.S.C. 6295(o) or 42 U.S.C. 6316, as 

applicable. Further, DOE takes no 

position at this time regarding the 

merits of the petition itself. 

DOE notes that the Administrative 

Procedure Act (APA), 5 U.S.C. 551 et 

seq., provides among other things, that 

‘[e]ach agency shall give an interested 

person the right to petition for the 

issuance, amendment or repeal of a 

rule.’’ (5 U.S.C. 553(e)). DOE requests 

comment on whether it should consider 

the petition from the Joint Stakeholders 

under this authority should it determine 

it cannot proceed with consideration of 

the proposal under the direct final rule 

authority. Again, while seeking 

comment on this issue, DOE takes no 

position at this time regarding the 

merits of the petition itself. 

Submission of Comments 

DOE invites all interested parties to 

submit in writing by October 26, 2018 

comments and information regarding 

this proposal. 

Submitting comments via http://

www.regulations.gov. The http://

www.regulations.gov web page will 

require you to provide your name and 

contact information prior to submitting 

comments. Your contact information 

will be viewable to DOE Building 

Technologies staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to http://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (CBI)). Comments 

submitted through http://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through http://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that http://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via hand 

delivery, or mail. Comments and 

documents via hand delivery or mail 

will also be posted to http://

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information in your 

cover letter each time you submit 

comments, data, documents, and other 

information to DOE. If you submit via 

mail or hand delivery, please provide all 

items on a CD, if feasible. It is not 

necessary to submit printed copies. No 

facsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted electronically 

should be provided in PDF (preferred), 

Microsoft Word or Excel, WordPerfect, 

or text (ASCII) file format. Provide 

documents that are not secured, written 

in English and free of any defects or 

viruses. Documents should not include 

any special characters or any form of 

encryption and, if possible, they should 

carry the electronic signature of the 

author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery two well-marked copies: 

One copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items, (2) whether 

and why such items are customarily 

treated as confidential within the 

industry, (3) whether the information is 

generally known by or available from 

other sources, (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality, (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure, (6) when 

such information might lost its 

confidential character due to the 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

DOE considers public participation to 

be a very important part of its process 

for considering rulemaking petitions. 

DOE actively encourages the 

participation and interaction of the 

public during the comment period. 

Interactions with and between members 

of the public provide a balanced 

discussion of the issues and assist DOE 

in determining how to proceed with a 

petition. Anyone who wishes to be 

added to DOE mailing list to receive 

future notifications and information 

about this petition should contact 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or via 

email at 

ApplianceStandardsQuestions@

ee.doe.gov. 

Approval of the Office of the Secretary 

The Secretary of Energy has approved 

publication of this notification of 

petition for rulemaking. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 45853 

1http://www.apsp.org/Portals/0/ 

2016%20Website%20Changes/2015%20Industry

%20Stats/2015%20Industry%20Stats.pdf. 

2 82 Fed. Reg. 5652 (January 18, 2017). Results for 

standard-size self-priming pool filter pumps. 

3 82 Fed. Reg. 5715. 4 82 Fed. Reg. 24220 (May 26, 2017). 

Signed in Washington, DC on August 31, 

2018. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Joint Statement of Joint Stakeholder 

Proposal for Energy Conservation 

Standards for Dedicated-Purpose Pool 

Pump Motors 

Docket No. EERE–2017–BT–STD–0048 

August 14, 2018 

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 

Zodiac Pool Systems 

I. Introduction and Overview 

In January 2017, the U.S. Department of 

Energy (‘‘DOE’’) established the first national 

energy-efficiency standards for dedicatedpurpose pool pumps (‘‘DPPPs’’) through the 

adoption of a direct final rule (‘‘DFR’’). DOE 

confirmed the adoption of the standards and 

the effective date and compliance date in a 

notice published in May 2017. The 

compliance date of the new standards is July 

19, 2021. The DPPP standards were 

negotiated by an Appliance Standards and 

Rulemaking Federal Advisory Committee 

(ASRAC) working group consisting of 

representatives of pool pump and motor 

manufacturers, state government, utilities, 

and efficiency advocates. For most in-ground 

pools, the standard levels reflect variablespeed technology. Pumps for small in-ground 

pools, pumps for above-ground pools, and 

pressure cleaner booster pumps can continue 

to be single-speed. 

For a small number of hours a day, pool 

pumps need to operate at a high speed to 

provide a high flow rate for mixing/cleaning, 

but most of the time they just need to 

circulate the pool water through the filtration 

system at a low flow rate. Variable-speed 

pumps can reduce energy use by about 70% 

relative to single-speed pumps by being able 

to operate at a lower speed for the hours 

during which the pump is circulating water 

for filtration. In addition to saving energy, 

operating the pump at a lower speed reduces 

noise levels, improves filtration effectiveness, 

and can extend the life of other pool 

equipment. 

The DPPP standards will provide very 

large savings for consumers. There are more 

than 8 million pools in the U.S.1 DOE 

estimated average life-cycle cost savings for 

owners of in-ground pools of $2,140 with a 

simple payback of less than 1 year.2 The 

average annual operating cost savings are 

about $550.3 However, the DPPP standards 

do not address replacement motors, which 

presents a significant loophole that seriously 

threatens both the consumer savings from the 

standards and the investments that 

manufacturers are making to comply with the 

standards. If the replacement motor loophole 

is not addressed, there will be a disruption 

in the market between regulated pump/motor 

combinations (DPPPs) and unregulated 

replacement motors. This would result in 

significant negative impacts for both 

consumers and domestic manufacturers. 

The motor on a pool pump will often fail 

before the pump itself needs to be replaced, 

and motor-only replacements are common. 

Without a complementary standard for DPPP 

motors, when replacing a pool pump motor, 

consumers will continue to be sold 

inefficient, wasteful products. Today, even 

though variable-speed motors provide 

substantial savings to consumers as well as 

other benefits, significant market barriers 

prevent most consumers from realizing these 

benefits. When a motor on a pool pump fails, 

the consumer’s priority must be to get the 

motor (or pump and motor) replaced as soon 

as possible in order to maintain sanitary and 

safe pool conditions. This means that when 

faced with a purchase decision, consumers 

have very little time to research their options. 

In many cases, service installers may install 

a replacement motor without providing any 

options to the consumer. Despite significant 

educational efforts on the part of pool pump 

manufacturers, service installers are often 

uninformed about variable-speed technology. 

In addition, the priority of service installers 

is generally to make a sale, not to provide the 

best option for the consumer. This is the case 

today even though service installers could 

make additional profit by selling variablespeed pumps and motors. 

The consequences of a lack of 

understanding of variable-speed technology 

will become particularly significant once the 

DPPP standards take effect in 2021. Most 

consumers do not understand that the 

substantial savings from a variable-speed 

pump come from the motor. Consumers will 

likely assume that replacing the motor on a 

variable-speed pump will have no effect on 

the performance of their pump. But in fact, 

if an existing variable-speed motor is 

replaced with a single-speed motor, the 

consumer will lose all the energy savings and 

other benefits (including the quieter 

operation) of their variable-speed pump. 

When looking to replace a pool pump motor, 

a consumer with a variable-speed pool pump 

that meets the DPPP standards may therefore 

unknowingly end up with a single-speed 

replacement motor that would immediately 

increase their electricity bills by hundreds of 

dollars each year and not provide the 

additional benefits of variable-speed 

technology. 

For manufacturers, a disruption in the 

market would lead to lower sales of regulated 

DPPPs and increased sales of unregulated, 

inefficient replacement motors. While most 

pool pumps are manufactured domestically, 

most of the motors for pool pumps are 

manufactured in China. Two of the major 

pool pump manufacturers have more than 

1,400 pool equipment manufacturing jobs in 

North Carolina alone. Increased sales of 

inefficient, imported replacement motors 

would seriously undercut domestic 

manufacturers’ investments in meeting the 

DPPP standards, putting American 

manufacturing jobs at risk. 

Furthermore, if DOE does not address the 

replacement motor loophole, individual 

states may step in with their own standards. 

Currently, there are multiple state standards 

for pool pumps and motors. State standards 

are significantly more burdensome for 

manufacturers than a single national 

standard because they may and do result in 

different requirements in different states and 

require manufacturers to set up specific 

distribution channels to ensure that they do 

not sell noncompliant products in those 

states. As of July 19, 2021, the current state 

standards for pool pumps will be replaced 

with a single national standard. But if DOE 

does not establish complementary standards 

for DPPP motors, manufacturers will 

continue to be faced with a patchwork of 

state standards. A single national standard 

for DPPP motors is strongly preferred to 

reduce burdens on manufacturers, ensure a 

level playing field across state lines, and 

ensure that all consumers are protected from 

inefficient, wasteful products, regardless of 

where they live. 

In comments on the 2017 DFR, multiple 

stakeholders urged DOE to consider 

complementary standards for pool pump 

motors. In the confirmation of effective date 

and compliance date for the DFR, DOE 

stated: ‘‘DOE plans to hold a public meeting 

in the near future with the interested parties 

to gather data and information that could 

lead to the consideration of energy 

conservation standards for replacement pool 

pump motors.’’ 4 DOE subsequently held a 

public meeting on August 10, 2017, where 

DOE presented potential scope, definitions, 

and metrics for DPPP motors. DOE also noted 

in the presentation materials from the 

meeting that if DOE were to ‘‘receive a 

consensus agreement there could be 


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45854 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 

5https://www.regulations.gov/document?D=

EERE-2017-BT-STD-0048-0003. Slide 10. 

deviations from the typical process to 

expedite’’ the rulemaking.5

After the August 2017 public meeting, 

representatives from pool pump and motor 

manufacturers, state government, utilities, 

and efficiency advocates (the ‘‘Joint 

Stakeholders’’) formed a technical working 

group to negotiate recommended standards 

for DPPP motors. Appendix A to this Joint 

Statement includes the Joint Stakeholders’ 

recommendations. 

The Joint Stakeholders request that DOE 

adopt our recommendations with a DFR rule 

using the Department’s authority over 

‘‘electric motors’’ and to align the compliance 

date for DPPP motors with the DPPP 

compliance date of July 19, 2021. In order to 

protect consumers, ensure that the significant 

investments that domestic manufacturers are 

making to comply with the DPPP standards 

are not undercut, and avoid a continuation of 

state standards, there must be no delay in the 

July 19, 2021 DPPP compliance date. 

II. Identity of the Joint Stakeholders 

The Association of Pool & Spa 

Professionals (APSP) represents over 3100 

company members. APSP is the world’s 

oldest and largest association representing 

swimming pool, hot tub, and spa 

manufacturers, distributors, manufacturers’ 

agents, designers, builders, installers, 

suppliers, retailers, and service professionals. 

Dedicated to the growth and development of 

its members’ businesses and to promoting the 

enjoyment and safety of pools and spas, 

APSP offers a range of services, from 

professional development to advancing key 

legislation and regulation at the federal and 

local levels, to consumer outreach and public 

safety. APSP is the only industry 

organization recognized by the American 

National Standards Institute to develop and 

promote national standards for pools, hot 

tubs, and spas. 

The Alliance to Save Energy is a non-profit, 

bipartisan coalition of business, government, 

environmental, and consumer-interest 

leaders that advocates for enhanced U.S. 

energy productivity to achieve economic 

growth; a cleaner environment; and greater 

energy security, affordability, and reliability. 

The American Council for an EnergyEfficient Economy (ACEEE) acts as a catalyst 

to advance energy efficiency policies, 

programs, technologies, investments, and 

behaviors. We believe that the United States 

can harness the full potential of energy 

efficiency to achieve greater economic 

prosperity, energy security, and 

environmental protection for all its people. 

The Appliance Standards Awareness 

Project (ASAP) is a coalition that includes 

representatives of efficiency, consumer and 

environmental groups, utility companies, 

state government agencies, and others. 

Working together, the ASAP coalition seeks 

to advance cost-effective efficiency standards 

at the national and state levels through 

technical and policy advocacy and through 

outreach and education. 

Arizona Public Service is Arizona’s largest 

and longest-serving electric company, serving 

more than 1.2 million customers across the 

state. 

The California Energy Commission (CEC) is 

the primary energy policy and planning 

agency of the State of California. The CEC 

regularly participates in coalition efforts and 

federal efficiency rulemakings to seek more 

stringent energy conservation regulations 

from DOE that will apply to California’s 

regulated appliances, where DOE’s authority 

to adopt new efficiency standards preempts 

states from issuing their own without prior 

DOE approval or waiver. The CEC currently 

has efficiency standards for pool pump and 

motor combinations, and has proposed to 

establish efficiency standards for 

replacement pool pump motors should 

national standards not be forthcoming. 

The California Investor Owned Utilities 

(CA IOUs), consisting of Pacific Gas and 

Electric Company (PG&E), San Diego Gas and 

Electric (SDG&E), and Southern California 

Edison (SCE), represent some of the largest 

utility companies in the Western United 

States, serving over 32 million customers. 

The CA IOUs have been involved with pool 

energy efficiency for over 15 years. During 

that time, the CA IOUs have developed and 

implemented various pool efficiency rebate 

programs, and in 2004, proposed and 

supported the adoption of the first in the 

nation appliance standards for pool pump 

motors in California. These standards 

included a test and list requirement for pool 

pumps to enable the reporting of Energy 

Factor, a metric developed by the CA IOUs 

that is now used by the ENERGY STAR 

program. 

The Consumer Federation of America 

(CFA) is an association of more than 250 

nonprofit consumer organizations that was 

established in 1968 to advance the consumer 

interest through research, advocacy, and 

education. For decades, CFA has advocated 

for cost-effective energy efficiency standards 

that benefit consumers through lower energy 

bills. 

The Florida Consumer Action Network 

(FCAN) is a non-profit that advocates on 

issues including energy efficiency, utilities, 

environment, health care, and insurance. 

FCAN is affiliated with the Consumer 

Federation of America and Fair Share. FCAN 

stands for an America where everyone gets 

their fair share, does their fair share, and 

pays their fair share; and where everyone 

plays by the same rules. 

Hayward Industries, Inc. is a leading global 

manufacturer of residential and commercial 

pool equipment and industrial flow control 

products. Headquartered in Elizabeth, New 

Jersey with over 1,500 US-based employees, 

Hayward designs, manufactures, distributes, 

and markets a complete line of residential 

pool equipment including pumps, filters, 

heaters, automatic cleaners, sanitizers, 

automation, and lights. Hayward is a strong 

advocate of energy saving products as 

witnessed by its growing portfolio of energy 

efficient equipment, including a broad range 

of ENERGY STAR® approved variable speed 

pumps. 

The National Electrical Manufacturers 

Association (NEMA) represents nearly 350 

electrical equipment and medical imaging 

manufacturers that make safe, reliable, and 

efficient products and systems. Our 

combined industries account for 360,000 

American jobs in more than 7,000 facilities 

covering every state. Our industry produces 

$106 billion shipments of electrical 

equipment and medical imaging technologies 

per year with $36 billion exports. 

The Natural Resources Defense Council 

(NRDC) is a national environmental advocacy 

organization with over 1.3 million members 

and online activists. NRDC has spent decades 

working to build and improve DOE’s federal 

appliance standards programs because of the 

important energy, environmental, consumer, 

and reliability benefits of appliance 

efficiency standards. NRDC participated in 

the enactment of the first federal legislation 

establishing efficiency standards, and has 

been active in all significant rulemakings 

since then. 

Nidec Motor Corporation is a leading 

manufacturer of commercial, industrial, and 

appliance motors and controls. The NMC 

product line features a full line of high 

efficiency motors, large and small, which 

serve industrial, residential, and commercial 

markets in applications ranging from 

agriculture, water treatment, mining, oil and 

gas, and power generation to pool and spa 

motors, air conditioning condensers, rooftop 

cooling towers, and commercial refrigeration. 

It also makes motors, controls, and switches 

for automotive and commercial markets. 

The Northwest Power and Conservation 

Council is an interstate compact authorized 

by Congress in the Northwest Power Act of 

1980 (P.L.96–501) to ensure that the region 

has an adequate, efficient, economical, and 

reliable power supply system. The members 

of the Council are appointed by the 

Governors of the four Northwest states of 

Idaho, Montana, Oregon and Washington. 

Pentair is a leading manufacturer of smart, 

sustainable water solutions for homes, 

business and industry around the world. Our 

industry leading and proven portfolio of 

solutions enables people, business and 

industry to access clean, safe water, reduce 

water consumption, and recover and reuse it. 

Whether it’s improving, moving or helping 

people enjoy water, we help manage the 

world’s most precious resource. A strategic 

business of Pentair, Pentair Aquatics Systems 

is based in Cary, N.C., and is one of the 

world’s leading providers of premium 

pumps, filters, heaters, controls, cleaners, 

lighting systems, water features, and 

maintenance products for swimming pools 

and spas. 

Regal is a manufacturing company with 

over 5,770 employees in the USA. Regal is a 

leading manufacturer of electric motors, 

electrical motion controls, power generation 

and transmission products with sales of over 

$3.4B in 2017. Regal is a technology leader 

in high-efficiency products. 

Speck Pumps is a leading international 

manufacturer of high-quality pumps for 

commercial and industrial applications. 

Texas ROSE (Texas Ratepayers’ 

Organization to Save Energy) is a non-profit 

organization dedicated to helping Texans’ get 

affordable electricity and a healthy 

environment. We provide straightforward 

information to consumers and advocate for 

customer protections for consumers, energy 


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Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 45855 

6Note: UL 1004–10 is in the process of being 

developed. We will provide an update to DOE once 

the UL standard has been published. 

7Note: Integral cartridge filter and integral sand 

filter pool pumps are subject to the DPPP standards, 

but they do not have to meet an energy performance 

requirement. 

efficiency programs, and customer education 

by providing information to the Public Utility 

Commission (PUC), Austin City Council and 

the Texas Legislature. Texas ROSE has been 

involved in helping to create utility programs 

to provide lower rates for low-income 

consumers and weatherization programs to 

permanently lower energy use and utility 

bills. 

Waterway Plastics is proud to design, 

engineer and manufacture pool and spa 

pumps, filters, white goods and accessories 

and other pool and spa products in Oxnard, 

CA, USA. 

WEG is a manufacturer of industrial and 

commercial components and systems 

solutions for customers across multiple 

markets around the world. WEG is 30,000 

employees strong across 12 manufacturing 

locations and 28 commercial sites, holding 

the distinction of having largest 

manufacturing site in the world at its 

headquarters in Jarugua Du Sol, Brazil. This 

campus is 3.57M square feet and occupied by 

nearly 13,000 employees. WEG has over 

3,000 employees in the US between the US 

Headquarters in Atlanta, an industrial motor 

manufacturing location in Minneapolis, a 

transformer manufacturer in Missouri, and 

the Global Center of Commercial Motors 

Excellence in Bluffton, IN. The US is served 

out of these locations, with manufactured 

product support out of Mexico and Brazil. 

Over half of the product produced in the US 

is applied into pumping applications, 

whether it be clean water or dirty, or even 

hydroelectric power generation. WEG has 

traditionally focused it sales from its genesis 

in 1942 up to around 1985 in the local 

Brazilian market, though through a 

combination of acquisition and organic 

development, export sales has increased by 

an amazing 36 times, with infrastructure and 

skills to continue a strong growth pattern 

well into the future. 

Zodiac Pool Systems, LLC is a global leader 

in swimming pool and spa products and 

services. Zodiac is recognized as a leading, 

global provider of premium, innovative pool 

and spa products, equipment and solutions 

for in-ground residential swimming pools 

and spas. Zodiac is committed to designing 

and producing energy efficient, earth-friendly 

pool products and systems. 

III. Development of the Recommendations 

The Joint Stakeholders’ recommendations 

were developed during a series of meetings 

between December 2017 and June 2018 of a 

technical working group consisting of pool 

pump and motor manufacturers, state 

government, utilities, and efficiency 

advocates. The goal of the working group was 

to develop a set of consensus 

recommendations for standards for DPPP 

motors to align with the standards for DPPPs 

and to take effect concurrently with the DPPP 

standards on July 19, 2021. 

IV. The Joint Stakeholders’ Proposal 

The Joint Stakeholders’ proposal (included 

as Appendix A) includes recommendations 

for definitions, scope of coverage, 

prescriptive requirements, labeling, 

reporting, compliance date, and verification. 

Importantly, our proposal would not result in 

any change to the current DPPP standards 

and instead is complementary. There are also 

no new costs associated with our proposal 

because the analysis for the DPPP rulemaking 

already accounted for the costs of motor 

replacements. 

A. Definitions 

Our proposed definitions include a 

definition for ‘‘dedicated-purpose pool pump 

motor,’’ which covers any motor that is 

certified to UL 1004–10 6 and/or designed 

and/or marketed for use in DPPP 

applications. Our proposed definitions also 

define motors that meet the definition for 

‘‘dedicated- purpose pool pump motor’’ but 

that would be exempt from the standards that 

we are proposing. These definitions for 

exempted motors were crafted such as to 

minimize the risk of any potential loopholes. 

B. Scope of Coverage 

DPPP motors are electric motors. Our 

proposed scope of coverage includes DPPP 

motors with total horsepower (THP) less than 

or equal to 5 THP. The 5 THP upper bound 

aligns with the upper bound for hydraulic 

horsepower (HHP) in the standards for DPPPs 

for self-priming and non-self-priming pool 

filter pumps. (5 THP is roughly equivalent to 

2.5 HHP.) Our proposed scope of coverage 

would exempt six types of pool pump motors 

from our proposed standards: polyphase 

motors capable of operating without a drive 

(and distributed in commerce without a 

drive), 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. These exemptions align with the 

DPPP standards.7 The exemption for 

polyphase motors is designed to exclude 

three-phase motors that are intended for use 

in commercial applications (where there is 

three-phase power available), but to include 

three-phase motors that operate with a drive 

that converts single-phase power to threephase power and are intended for use in 

residential applications. 

Our proposed standards (described below) 

would apply to DPPP motors that are sold as 

replacements as well as motors that are part 

of DPPPs. All pool pump motors would thus 

be treated equally and subject to the same 

requirements. Importantly, our proposed 

scope of coverage includes DPPP motors in 

DPPPs regardless of whether the DPPP is 

manufactured domestically or imported. If 

motors in imported DPPPs were not covered, 

manufacturers that manufacture DPPPs 

domestically would be put at a disadvantage. 

Our proposed scope of coverage will thus 

provide a level playing field and protect U.S. 

manufacturing. 

C. Prescriptive Requirements 

Our proposal for standards for DPPP 

motors is a prescriptive approach. We believe 

that a prescriptive approach is the quickest 

and simplest way to address the replacement 

motor loophole. We originally considered a 

performance-based approach. However, a 

performance approach for DPPP motors 

would require an entirely new metric and 

test procedure, which would significantly 

delay implementation of our proposal, 

thereby increasing manufacturer burden. Our 

proposed prescriptive requirements align 

with the DPPP standards while avoiding the 

need for a test procedure rulemaking. 

Importantly, our prescriptive approach still 

gives manufacturers significant flexibility to 

provide a wide range of efficient motor 

options to consumers including different 

speed options and user interfaces. 

Our proposed standards include three 

prescriptive requirements that align with the 

DPPP standards. First, DPPP motors would 

be prohibited from operating with a capacitor 

start induction run (CSIR) or split phase (SP) 

configuration at maximum operating speed. 

This requirement aligns the motor types for 

DPPP motors with the DPPP standards. This 

requirement is also consistent with existing 

state standards in Arizona, California, 

Connecticut, and Washington. Prohibiting 

these inefficient motor configurations will 

help prevent low-quality foreign imports 

from undercutting U.S. manufacturers and 

ensure that consumers are not stuck with 

very inefficient motors that would increase 

their electricity bills. 

Second, DPPP motors with THP greater 

than or equal to 1.15 THP would be required 

to meet the definition of ‘‘variable-speed 

control dedicated-purpose pool pump 

motor,’’ which we have defined. The 1.15 

THP threshold aligns with the 0.711 HHP 

threshold in the DPPP standards for selfpriming pool filter pumps. (1.15 THP is 

roughly equivalent to 0.711 HHP.) Almost all 

motors used in non-self-priming pool filter 

pumps and pressure cleaner booster pumps 

have THPs less than 1.15 THP. Therefore, 

DPPP motors that must meet the definition of 

‘‘variable-speed control dedicated-purpose 

pool pump motor’’ will almost exclusively be 

motors for self-priming pool filter pumps, 

aligning with the DPPP standards. 

Our proposed definition for ‘‘variablespeed control dedicated-purpose pool pump 

motor’’ would include motors that provide at 

least four speed options. Providing the choice 

of a variety of speeds would align with the 

DPPP standards, which, for most in-ground 

pumps, are based on the performance of 

pumps with variable-speed motors. At the 

same time, our proposed definition would 

provide manufacturers flexibility in 

developing new products. In particular, our 

proposed definition would allow 

manufacturers to introduce lower-cost motors 

that are not ‘‘true’’ variable-speed products, 

but that still provide very substantial energy 

savings and performance consistent with the 

DPPP standards. Our proposed definition for 

‘‘variable-speed control dedicated-purpose 

pool pump motor’’ also includes 

specifications for how these motors must be 

distributed in commerce to ensure that they 

have the ability to operate at a variety of 

speeds in the field (e.g., be distributed with 

a variable speed drive), which align with the 

DPPP standards. Since variable-speed 

replacement motors may be sold without a 


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drive (e.g., if the existing installed drive is 

still functioning), we have also provided the 

option for a variable-speed motor to be sold 

without a drive as long as it cannot operate 

without a drive. Our proposed definition for 

‘‘variable-speed control dedicated-purpose 

pool pump motor’’ also includes 

specifications regarding high speed override 

capability and default settings to help ensure 

that motors meeting this definition deliver 

the expected savings for consumers. 

Finally, DPPP motors with freeze 

protection controls would be subject to the 

same requirements as DPPPs with freeze 

protection controls. These requirements are 

designed to ensure that motors with freeze 

protection controls do not end up running for 

more hours than are required to provide 

adequate freeze protection, resulting in 

significant wasted energy and unnecessary 

additional electricity costs for consumers. 

D. Labeling 

Our preference is for labeling requirements 

to be included as part of the rule for DPPP 

motors. Our proposed labeling requirements 

include the dedicated-purpose pool pump 

motor total horsepower and whether the 

motor is single-speed, two-speed, multispeed, or variable-speed control. These 

labeling requirements would provide 

additional information to both consumers 

and installers and help standardize the use 

of total horsepower throughout the industry. 

E. Reporting 

We are proposing that reporting 

requirements for DPPP motors include, but 

not be limited to, information about the 

settings of the controls for motors with freeze 

protection controls. These reporting 

requirements align with the reporting 

requirements for DPPPs. 

F. Compliance Date 

The compliance date for DPPP motors must 

be July 19, 2021 to align with the compliance 

date for DPPPs. Aligning the compliance 

dates is essential in order to prevent a 

loophole for replacement motors and to avoid 

the need for manufacturers to convert their 

product lines twice, which would 

significantly increase their costs and, in turn, 

costs for consumers. 

Further, the compliance date for DPPPs 

must remain July 19, 2021. U.S. 

manufacturers of both pool pumps and 

motors are already making significant 

investments to comply with the DPPP 

standards. If enforcement of the DPPP 

standards were to be delayed beyond the 

current compliance date, the beneficiaries of 

such a delay would be foreign manufacturers 

who have not yet made investments in 

upgrading their technology and who would 

see an opportunity to sell inefficient pumps 

to the U.S. market. This outcome would 

inflict serious harm on domestic 

manufacturers by undercutting their 

investments, which would threaten 

American manufacturing jobs. Manufacturers 

would also face market confusion in the 

event that the standards continued to be 

enforced through state building codes, 

despite a federal delay on enforcement. 

Finally, a delay would seriously harm 

consumers who would continue to be sold 

inefficient, wasteful products, costing them 

hundreds of dollars in electricity bill savings 

each year. 

G. Verification of Total Horsepower 

We are proposing that for purposes of 

verifying THP, DOE should use the test 

procedure for DPPPs, which includes 

methods for determining dedicated-purpose 

pool pump motor total horsepower. 

V. Benefits of the Joint Stakeholder Proposal 

Our proposal for DPPP motors will provide 

significant benefits to consumers, 

manufacturers, and the electric grid. By 

closing the replacement motor loophole, 

consumers will be assured that when 

replacing the motor on a variable-speed 

pump, the new motor will continue to 

provide the $550 in average annual operating 

cost savings and the additional benefits of 

variable-speed technology. Pool pump 

manufacturers will be protected against a 

market shift to unregulated, foreign-made 

replacement motors, which would threaten 

American manufacturing jobs. Finally, 

because pool pumps often operate the most 

in the summer and during times of peak 

demand, protecting the significant electricity 

savings from the DPPP standards will also 

protect the corresponding reductions in peak 

demand, which bolster electric grid 

resilience. Reductions in peak demand also 

help lower electricity rates, which benefits 

all consumers. However, in order for these 

significant benefits to consumers, 

manufacturers, and the electric grid to be 

realized, the compliance date for DPPP motor 

standards must be July 19, 2021, and there 

must be no delay in the DPPP compliance 

date. 

VI. Electric Motors Authority 

DOE should adopt our proposal for 

standards for DPPP motors using the 

Department’s authority over ‘‘electric 

motors.’’ ‘‘Electric motor’’ is defined as ‘‘a 

machine that converts electrical power into 

rotational mechanical power’’ (10 CFR 

431.12). DPPP motors are electric motors, and 

electric motors are already covered 

equipment. 

VII. Use of a DFR 

DOE should adopt our proposal for 

standards for DPPP motors using a DFR. 

Importantly, a DFR will ensure that the 

compliance date for DPPP motors can be 

aligned with that for DPPPs. As described 

above, alignment of the compliance dates is 

essential in order to close the replacement 

motor loophole and to avoid manufacturers 

having to convert their product lines twice. 

Further, it is essential that the compliance 

dates for both DPPPs and DPPP motors be 

July 19, 2021 as any delay in the compliance 

date for DPPPs would have serious negative 

consequences for both consumers and 

domestic manufacturers. 

DOE has the authority to issue a DFR ‘‘on 

receipt of a statement that is submitted 

jointly by interested persons that are fairly 

representative of relevant points of view 

(including representatives of manufacturers 

of covered products, States, and efficiency 

advocates)’’ (42 U.S.C. 6295(p)(4)). The 

signatories to this Joint Statement include all 

relevant stakeholders including 

manufacturers of both pool pumps and 

motors; a trade association that represents 

pool pump and pool pump motor 

manufacturers and installers; a trade 

association that represents motor 

manufacturers; states; consumer advocate 

organizations; efficiency and environmental 

organizations; and electric utilities. 

While we believe that all relevant 

stakeholders are represented by the 

signatories to this Joint Statement, to the 

extent that there is any concern regarding the 

ability for any other party to provide input 

on our recommended standards before they 

are issued as part of a DFR, DOE could 

publish our Joint Statement and provide a 

limited (e.g., 30-day) comment period. 

VIII. Executive Order Compliance 

Importantly, there are no new costs 

associated with our proposal. The analysis 

for the DPPP rulemaking already accounted 

for the costs of motor replacements for the 

portion of consumers that will replace the 

motor during the life of their pump. 

Specifically, the DPPP rulemaking assumed 

like-for-like motor replacements (e.g., that a 

variable-speed motor would be replaced with 

a new variable-speed motor). The assumption 

of like-for-like motor replacements does not 

reflect the real-world situation and the high 

likelihood of many variable-speed motors on 

compliant pumps being replaced not with 

variable-speed motors, but with inefficient 

single-speed motors. Nevertheless, because 

the costs of variable-speed replacement 

motors were already accounted for in the 

DPPP rulemaking, DOE would be double 

counting the costs if the Department were to 

include costs associated with motor 

replacements in a DPPP motors rulemaking. 

Since there are no costs associated with 

our proposal relative to the costs assumed in 

the DPPP rule, we believe that our proposal 

would not be subject to Executive Orders 

12866 and 13771. 

IX. Conclusion 

The Joint Stakeholders strongly urge DOE 

to adopt our proposal for standards for DPPP 

motors contained in Appendix A in order to 

protect consumers and the investments being 

made by domestic manufacturers. We 

encourage DOE to act expeditiously in order 

to ensure alignment of the compliance date 

for DPPP motors with the compliance date 

for DPPPs (July 19, 2021). 

Sincerely, 

BILLING CODE 6450–01–P 


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Jennifer Hatfield 

Director, Government Affairs 

Research The Association of Pool & Spa Professionals 

Steven Nadel 

Executive Director 

American Council for an Energy-Efficient Economy 

DavidS. Werth 

Manager, Marketing and Customer Programs 

Arizona Public Service 

Patrick Eilert 

Manager, Codes & Standards 

Pacific Gas and Electric Company 

Kate Zeng 

ETP /C&S/ZNE Manager 

Customer Programs 

San Diego Gas & Electric Company 

Daniel Bresette 

Vice President, Policy and 

Alliance to Save Energy 

Joanna Mauer 

Technical Advocacy Manager 

Appliance Standards Awareness Project 

Drew Bohan 

Executive Director 

California Energy Commission 

Michelle Thomas 

Manager, Energy Codes & Standards and ZNE 

Engineering Services 

Southern California 

Edison 

Mel Hall-Crawford 

Energy Projects Director 

Consumer Federation of America 
45858 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 


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Bill Newton 

Deputy Director 

Florida Consumer Action Network 

Joseph Eaves 

Head (Acting) NEMA Government Relations 

National Electrical Manufacturers Association 

Council 

Chris Wiseman 

President, Commercial & Industrial Motors & Drives 

Nidec Motor Corporation 

Jerome Pedretti 

Vice President 

Pentair Water Pool and Spa, Inc. 

Jan Baljon 

President 

Speck Pumps 

Clark Hale 

President & CEO 

Hayward Industries 

Lauren Urbanek 

Senior Energy Policy Advocate 

Natural Resources Defense 

James Yost 

Chair 

Northwest Power and Conservation Council 

Chandra Gollapudi 

Director, Government Affairs 

Regal Beloit Corporation 

Pamela Ferris 

Executive Director 

Texas ROSE (Ratepayers' Organization to 

Save Energy) 
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 45859 

BILLING CODE 6450–01–C 

APPENDIX A 

Dedicated-Purpose Pool Pump (DPPP) 

Motors Joint Stakeholder Proposal 

Definitions 

Capacitor-start, induction-run means a 

single-phase induction motor configuration 

with a main winding arranged for direct 

connection to a source of power and an 

auxiliary winding connected in series with a 

capacitor. The motor configuration has a 

capacitor phase, which is in the circuit only 

during the starting period. 

Dedicated-purpose pool pump motor 

means an electric motor that is single-phase 

or polyphase which complies with and is 

certified to UL 1004–10 and/or is designed 

and/or marketed for use in dedicatedpurpose pool pump applications. 

Designed and marketed means that the 

equipment is designed to fulfill the intended 

application and, when distributed in 

commerce, is designated and marketed solely 

for that application, with the designation on 

all the packaging and all publicly available 

documents (e.g., product literature, catalogs, 

and packaging labels). 

Designed and/or marketed means that the 

equipment is designed to fulfill the intended 

application and/or, when distributed in 

commerce, is designated and marketed for 

that application, with the designation on the 

packaging and/or any publicly available 

documents (e.g., product literature, catalogs, 

and packaging labels). 

Drive means a power converter (such as a 

variable speed drive or phase-converter). 

Integral cartridge-filter pool pump motor 

means a dedicated-purpose pool pump motor 

that is distributed in commerce as a 

component of an integral cartridge-filter pool 

pump as defined at 10 CFR 431.462. 

Integral sand-filter pool pump motor 

means a dedicated-purpose pool pump motor 

that is distributed in commerce as a 

component of an integral sand-filter pool 

pump as defined at 10 CFR 431.462. 

Maximum operating speed means the rated 

full-load speed of a motor powered by a 60 

Hz alternating current (AC) source. 

Rigid electric spa pump motor means a 

dedicated-purpose pool pump motor that 

does not have a C-flange or square flange 

mounting and that is: 

(1) labeled, 

(2) designed, and 

(3) marketed for use only in rigid electric 

spas as defined at 10 CFR 431.462. 

Split phase means a single-phase induction 

motor configuration with an auxiliary 

winding displaced in magnetic position from, 

and connected in parallel with the main 

winding. The auxiliary circuit is open when 

the motor has attained a predetermined 

speed. 

Storable electric spa pump motor means a 

dedicated-purpose pool pump motor that is 

distributed in commerce as a component of 

a storable electric spa pump as defined at 10 

CFR 431.462. 

Waterfall pump motor means a dedicatedpurpose pool pump motor with a maximum 

speed less than or equal to 1,800 rpm that is 

designed and marketed for waterfall pump 

applications and labeled for use only with 

waterfall pumps. 

Scope of coverage 

DPPP motors meet the definition of electric 

motor at 10 CFR 431.12. The standards will 

apply to dedicated-purpose pool pump 

(DPPP) motors, including DPPP motors 

incorporated in DPPPs produced 

domestically and imported, with dedicatedpurpose pool pump motor total horsepower 

(THP) as defined at 10 CFR 431.462 less than 

or equal to 5 THP, with the following 

exemptions: 

Exempted DPPP motors: 

• 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 

• Integral sand-filter pool pump motors 

Prescriptive requirements 

There will be prescriptive requirements for 

all DPPP motors, for DPPP motors with a 

THP greater than or equal to 1.15 THP, and 

for DPPP motors with freeze protection 

controls. DPPP motors include motors 

manufactured domestically, motors imported 

alone, and motors imported as a component 

of a DPPP assembly. 

DPPP motors 

DPPP motors must not operate with a 

capacitor start induction run (CSIR) or split 

phase (SP) configuration at maximum 

operating speed. 

DPPP motors with THP greater than or equal 

to 1.15 THP 

DPPP motors with THP greater than or 

equal to 1.15 THP will have a prescriptive 

speed control requirement. 

Prescriptive Requirement: Variable Speed 

Control 

Each dedicated-purpose pool pump motor 

with a dedicated-purpose pool pump motor 

total horsepower greater than or equal to 1.15 

THP shall meet the definition of a variablespeed control dedicated- purpose pool pump 

motor. 

A variable-speed control dedicatedpurpose pool pump motor means: 

A dedicated-purpose pool pump motor that 

is capable of operating at four or more 

discrete, user- or pre-determined operating 

speeds, where one of the operating speeds is 

the maximum operating speed and at least: 

• One of the operating speeds is 75% to 

85% of the maximum operating speed; 


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1See 83 FR 33432, 33432–33 (July 17, 2018). 

• One of the operating speeds is 45% to 

55% of the maximum operating speed; 

• One of the operating speeds is less than 

or equal to 40% of the maximum operating 

speed and greater than zero. 

And that must be distributed in commerce 

either: 

(1) With a variable speed drive and with 

a user interface that changes the speed in 

response to pre- programmed user 

preferences and allows the user to select the 

duration of each speed and/or the on/off 

times; 

(2) With a variable speed drive and without 

a user interface that changes the speed in 

response to pre-programmed user preferences 

and allows the user to select the duration of 

each speed and/or the on/off times, but is 

unable to operate without the presence of a 

user interface; or 

(3) Without a variable speed drive and with 

or without a user interface, but is unable to 

operate without the presence of a variable 

speed drive. 

And: 

(1) Any high speed override capability 

shall be for a temporary period not to exceed 

one 24-hour cycle without resetting to default 

settings or resuming normal operation 

according to pre- programmed user 

preferences; and 

(2) Any factory default setting for daily run 

time schedule may not include more hours 

at an operating speed above 55% of 

maximum operating speed than the hours at 

or below 55% of maximum operating speed; 

or if a motor is distributed in commerce 

without a default setting for daily run time 

schedule, the default operating speed after 

any priming cycle (if applicable) must be no 

greater than 55% of the maximum operating 

speed. 

DPPP motors with freeze protection controls 

For all dedicated-purpose pool pump 

motors distributed in commerce with freeze 

protection controls, the motor must be 

shipped with freeze protection disabled or 

with the following default, user- adjustable 

settings: 

(1) The default dry-bulb air temperature 

setting is no greater than 40 °F; 

(2) The default run time setting shall be no 

greater than 1 hour (before the temperature 

is rechecked); and 

(3) The default motor speed shall not be 

more than 1⁄2 of the maximum speed. 

Labeling 

If DOE is able to implement labeling 

requirements, the permanent nameplate must 

be marked clearly with the following 

information: 

(A) The dedicated-purpose pool pump 

motor total horsepower; and 

(B) Either: single-speed, two-speed, multispeed, or variable-speed control. 

Reporting 

Certification reporting requirements should 

include, but not be limited to,: 

(A) For dedicated-purpose pool pump 

motors distributed in commerce with freeze 

protection controls, a statement regarding 

whether freeze protection is shipped enabled 

or disabled, and for dedicated-purpose pool 

pump motors distributed in commerce with 

freeze protection controls enabled, the 

default dry-bulb air temperature setting (in 

°F), default run time setting (in minutes), and 

default motor speed (in rpm). 

Compliance date 

The compliance date should be July 19, 

2021 to align with the compliance date of the 

DPPP standards. 

Verification of THP 

For purposes of verifying THP, DOE should 

use the DPPP test procedure at 10 CFR 431 

Appendix C to Subpart Y. 

[FR Doc. 2018–19577 Filed 9–10–18; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 44 

[Docket No. OCC–2018–0010] 

RIN 1557–AE27 

FEDERAL RESERVE SYSTEM 

12 CFR Part 248 

[Docket No. R–1608] 

RIN 7100–AF 06 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 351 

RIN 3064–AE67 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 75 

RIN 3038–AE72 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 255 

[Release no. BHCA–3; File no. S7–14–18] 

RIN 3235–AM10 

Extension of Comment Period for 

Proposed Revisions to Prohibitions 

and Restrictions on Proprietary 

Trading and Certain Interests in, and 

Relationships With, Hedge Funds and 

Private Equity Funds 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC); Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC); Securities 

and Exchange Commission (SEC); and 

Commodity Futures Trading 

Commission (CFTC) (collectively, the 

‘‘Agencies’’). 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: On July 17, 2018, the 

Agencies published in the Federal 

Register a notice of proposed 

rulemaking (proposal) that would 

amend the regulations implementing 

section 13 of the Bank Holding 

Company Act. Section 13 contains 

certain restrictions on the ability of a 

banking entity and nonbank financial 

company supervised by the Board to 

engage in proprietary trading and have 

certain interests in, or relationships 

with, a hedge fund or private equity 

fund. The proposed amendments are 

intended to provide banking entities 

with clarity about what activities are 

prohibited and to improve supervision 

and implementation of section 13. 

In response to requests from 

commenters regarding issues addressed 

in the proposal, the public comment 

period has been extended for 30 days 

until October 17, 2018. This action will 

allow interested persons additional time 

to analyze the proposal and prepare 

their comments. 

DATES: The comment period for the 

notice of proposed rulemaking 

published on July 17, 2018 (83 FR 

33432), regarding proposed revisions to 

prohibitions and restrictions on 

proprietary trading and certain interests 

in, and relationships with, hedge funds 

and private equity funds, is extended 

from September 17, 2018, to October 17, 

2018. 

ADDRESSES: You may submit comments 

by any of the methods identified in the 

proposal.1 Please submit your 

comments using only one method. 

FOR FURTHER INFORMATION CONTACT:

OCC: Tabitha Edgens, Senior 

Attorney; Mark O’Horo, Attorney, Chief 

Counsel’s Office, (202) 649–5510; for 

persons who are deaf or hearing 

impaired, TTY, (202) 649–5597, Office 

of the Comptroller of the Currency, 400 

7th Street SW, Washington, DC 20219. 

Board: Kevin Tran, Supervisory 

Financial Analyst, (202) 452–2309, Amy 

Lorenc, Financial Analyst, (202) 452– 

5293, David Lynch, Deputy Associate 

Director, (202) 452–2081, David 

McArthur, Senior Economist, (202) 452– 

2985, Division of Supervision and 

Regulation; Flora Ahn, Senior Counsel, 

(202) 452–2317, Gregory Frischmann, 

Counsel, (202) 452–2803, or Kirin 

Walsh, Attorney, (202) 452–3058, Legal 

Division, Board of Governors of the 

Federal Reserve System, 20th and C 

Streets NW, Washington, DC 20551. For 

the hearing impaired only, 


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