[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3457-3461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00850]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2022-BT-TP-0003]


Energy Conservation Program: Test Procedure for Dedicated-Purpose 
Pool Pumps

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking a 
review to determine whether amendments are warranted for the test 
procedure for dedicated-purpose pool pumps. Specifically, through this 
request for information (``RFI''), DOE has identified certain issues 
associated with the currently applicable test procedure on which DOE is 
interested in receiving comment. The issues outlined in this document 
mainly concern the scope of coverage, updated industry test procedures, 
and the definition of a basic model. DOE welcomes written comments from 
the public on any subject within the scope of this document, including 
topics not raised in this request for information (``RFI'').

DATES: Written comments and information are requested and will be 
accepted on or before February 23, 2022.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2022-BT-TP-0003, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#8cc8dcdcdcbebcbebed8dcbcbcbcbfcce9e9a2e8e3e9a2ebe3fa"><span class="__cf_email__" data-cfemail="084c5858583a383a3a5c583838383b486d6d266c676d266f677e">[email protected]</span></a>. Include docket number EERE-
2022-BT-TP-0003 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. If a commenter finds that this change poses an undue 
hardship, please contact Appliance Standards Program staff at (202) 
586-1445 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.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at www.regulations.gov. All documents in the 
docket are listed in the 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 www.regulations.gov/docket/EERE-2022-BT-TP-0003. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#7b3a0b0b17121a15181e280f1a151f1a091f082a0e1e080f121415083b1e1e551f141e551c140d"><span class="__cf_email__" data-cfemail="99d8e9e9f5f0f8f7fafccaedf8f7fdf8ebfdeac8ecfceaedf0f6f7ead9fcfcb7fdf6fcb7fef6ef">[email protected]</span></a>.
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588; Email: 
<a href="/cdn-cgi/l/email-protection#ec8d818980858dc29b84859885828bac849dc2888389c28b839a"><span class="__cf_email__" data-cfemail="bbdad6ded7d2da95ccd3d2cfd2d5dcfbd3ca95dfd4de95dcd4cd">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#327342425e5b535c51576146535c565340564163475741465b5d5c417257571c565d571c555d44"><span class="__cf_email__" data-cfemail="febf8e8e92979f909d9bad8a9f909a9f8c9a8daf8b9b8d8a9791908dbe9b9bd09a919bd0999188">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Definitions
    B. Scope
    C. Test Procedure
    1. Updates to Industry Test Procedures
III. Submission of Comments

I. Introduction

    This RFI requests information and data regarding whether an amended 
test procedure would more accurately and fully comply with the 
requirement that the test procedure produce results that measure energy 
use during a representative average use cycle for the equipment, and 
not be unduly burdensome to conduct. To inform interested parties and 
to facilitate this process, DOE has identified several issues 
associated with the currently applicable test procedures on which DOE 
is interested in receiving comment.
    Pumps are included in the list of ``covered equipment'' for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6311(1)(A)) Dedicated-purpose pool 
pumps (``DPPPs''), which are the subject of this document, are a subset 
of pumps; thus DOE is authorized to establish test procedures and 
energy conservation standards for them. Relevant to this document, DOE 
has established test procedures for DPPPs at 10 CFR 431.464(b) and 
appendices B and C to subpart Y of part 431 (``Appendix B'' and 
``Appendix C'', respectively). The following sections discuss DOE's 
authority to establish and amend test procedures for DPPPs, as well as 
relevant background information regarding DOE's consideration of test 
procedures for this equipment.

[[Page 3458]]

A. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of several consumer 
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title 
III, Part C \2\ of EPCA, added by Public Law 95-619, Title IV, section 
441(a) (42 U.S.C. 6311-6317 as codified), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency. 
``Pumps'' are listed as a type of industrial equipment covered by EPCA, 
although EPCA does not define the term ``pump.'' (42 U.S.C. 6311(1)(A)) 
DOE defines ``pump'' as equipment designed to move liquids (which may 
include entrained gases, free solids, and totally dissolved solids) by 
physical or mechanical action, includes a bare pump, and, if included 
by the manufacturer at the time of sale, mechanical equipment, driver, 
and controls. 10 CFR 431.462. Dedicated-purpose pool pumps, which are 
the subject of this RFI, meet this definition of a pump and are covered 
under the pump equipment type.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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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. 6316(a)); 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. 
6316(b)(2)(D))
    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. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(s))
    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. 6314(a)(2))
    EPCA also requires that, at least once every 7 years, DOE review 
test procedures for all types of covered equipment, including DPPPs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements that the test procedures be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle and to not be unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(1) In addition, if the Secretary determines 
that a test procedure amendment is warranted, 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. 6314(b)) If DOE determines that test 
procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
RFI to collect data and information to inform its decision in 
satisfaction of the 7-year review requirement specified in EPCA. (42 
U.S.C. 6314(a)(1))

B. Rulemaking History

    DOE's test procedure for determining DPPP energy efficiency was 
established in a final rule published on August 7, 2017. 82 FR 36858 
(``August 2017 Final Rule''). The August 2017 Final Rule established a 
definition for the term ``dedicated-purpose pool pump'' and described 
several categories of DPPPs. The DPPP test procedure currently 
incorporates by reference the Hydraulic Institute (``HI'') Standard 
40.6-2014, ``Methods for Rotodynamic Pump Efficiency Testing'' (``HI 
40.6-2014''), along with several modifications to that testing method 
related to measuring the hydraulic power, the true power factor, and 
the maximum head. 82 FR 36858, 36861. The definitions, DPPP test 
procedure, sampling provisions, enforcement requirements, and labeling 
requirements contained in the August 2017 DPPP TP Final Rule reflect 
the recommendations of the DPPP Working Group contained in both the 
December 2015 and June 2016 DPPP Working Group Recommendations (82 FR 
36858, 36860).

II. Request for Information

    DOE has identified specific issues on which it seeks input to aid 
in its analysis of whether an amended test procedure for dedicated-
purpose pool pumps would more accurately or fully comply with the 
requirement that the test procedure produces results that measure 
energy use during a representative average use cycle for the product, 
and not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
    In addition, DOE notes that since publication of the August 2017 
Final Rule, as well as the energy conservation standards direct final 
rule,\3\ it has received inquiries from stakeholders related to 
implementation of and compliance with the regulatory requirements for 
DPPPs. This RFI discusses these issues and identifies additional 
information that would be needed if DOE decided to propose amending its 
current test procedure.
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    \3\ Energy conservation standards direct final rule for 
dedicated-purpose pool pumps published January 18, 2017 (82 FR 5650) 
and confirmed on May 26, 2017 (82 FR 24218).
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    Additionally, DOE welcomes comments on any aspect of the existing 
test procedures for DPPPs and on other relevant issues that may not be 
specifically identified in this document.

A. Definitions

    DPPPs are a category of pumps, and the term ``dedicated-purpose 
pool pump'' comprises self-priming pool filter pumps, non-self-priming 
pool filter pumps, waterfall pumps, pressure cleaner booster pumps, 
integral sand-filter pool pumps, integral-cartridge filter pool pumps, 
storable electric spa pumps, and rigid electric spa pumps. 10 CFR 
431.462.
    DOE also defines a number of the terms used in the DPPP definition:
    Integral cartridge-filter pool pump means a pump that requires a 
removable cartridge filter, installed on the suction side of the pump, 
for operation; and the cartridge filter cannot be bypassed.
    Integral sand-filter pool pump means a pump distributed in commerce 
with a sand filter that cannot be bypassed.

[[Page 3459]]

    Non-self-priming pool filter pump means a pool filter pump that is 
not certified under NSF/ANSI 50-2015 (incorporated by reference, see 
Sec.  431.463) to be self-priming and is not capable of re-priming to a 
vertical lift of at least 5.0 feet with a true priming time less than 
or equal to 10.0 minutes, when tested in accordance with section F of 
appendix B or C of this subpart, and is not a waterfall pump.
    Pool filter pump means an end suction pump that:
    (1) Either: (i) Includes an integrated basket strainer; or (ii) 
Does not include an integrated basket strainer, but requires a basket 
strainer for operation, as stated in manufacturer literature provided 
with the pump; and
    (2) May be distributed in commerce connected to, or packaged with, 
a sand filter, removable cartridge filter, or other filtration 
accessory, so long as the filtration accessory are connected with 
consumer-removable connections that allow the filtration accessory to 
be bypassed.
    Pool pump timer means a pool pump control that automatically turns 
off a dedicated-purpose pool pump after a run-time of no longer than 10 
hours.
    Pressure cleaner booster pump means an end suction, dry rotor pump 
designed and marketed for pressure-side pool cleaner applications, and 
which may be UL listed under ANSI/UL 1081-2016 (incorporated by 
reference, see Sec.  431.463).
    Rigid electric spa pump means an end suction pump that does not 
contain an integrated basket strainer or require a basket strainer for 
operation as stated in manufacturer literature provided with the pump 
and that meets the following three criteria:
    (1) Is assembled with four through bolts that hold the motor rear 
endplate, rear bearing, rotor, front bearing, front endplate, and the 
bare pump together as an integral unit;
    (2) Is constructed with buttress threads at the inlet and discharge 
of the bare pump; and
    (3) Uses a casing or volute and connections constructed of a non-
metallic material.
    Self-priming pool filter pump means a pool filter pump that is 
certified under NSF/ANSI 50-2015 (incorporated by reference, see Sec.  
431.463) to be self-priming or is capable of re-priming to a vertical 
lift of at least 5.0 feet with a true priming time less than or equal 
to 10.0 minutes, when tested in accordance with section F of appendix B 
or C of the DPPP test procedure, and is not a waterfall pump.
    Storable electric spa pump means a pump that is distributed in 
commerce with one or more of the following:
    (1) An integral heater; and
    (2) An integral air pump.
    Submersible pump means a pump that is designed to be operated with 
the motor and bare pump fully submerged in the pumped liquid.
    Waterfall pump means a pool filter pump with a certified maximum 
head less than or equal to 30.0 feet, and a maximum speed less than or 
equal to 1,800 rpm.
    Issue 1: DOE requests comment on the definitions of DPPPs and DPPP 
varieties and whether any of the terms should be amended, and if so, 
how the terms should be amended. In particular, DOE requests comment on 
whether the terms are sufficient to identify which equipment is subject 
to the test procedure and whether any test procedure amendments are 
required to ensure that all such equipment can be appropriately tested 
in accordance with the test procedure.
    The definitions of integral cartridge-filter pool pumps and 
integral sand-filter pool pumps depend on the defined term ``integral'' 
and on the term ``bypassed.'' The definitions of these pump varieties 
do not explicitly provide whether removing the filtration media 
constitutes bypassing the filter.
    Issue 2: DOE requests comment on whether it should define the term 
``bypass,'' whether it should provide additional detail for the 
definition of the term ``integral,'' or whether the existing 
definitions are sufficient to determine the classification of 
individual DPPPs. If additional detail is necessary for either of these 
terms, please specify what detail should be provided to determine the 
classification of such DPPPs.
    The energy conservation standards for integral cartridge-filter 
pool pumps and integral sand-filter pool pumps at 10 CFR 431.465 
require that each pump that is manufactured starting on July 19, 2021 
must be distributed in commerce with a pool pump timer that is either 
integral to the pump or a separate component shipped with the pump. 10 
CFR 431.465(g) As described, the term ``pool pump timer'' is defined as 
a pool pump control that automatically turns off a DPPP after a run-
time of no longer than 10 hours. The definition of pool pump timer does 
not describe whether the timer may be user-adjustable (e.g., to 
accommodate time periods other than 10 hours) or, if the timer is user-
adjustable, whether it must be supplied with a preset operating time of 
10 hours.
    Issue 3: DOE requests comment on whether it should provide 
additional detail in the definitions of pool pump timers and integral 
filter housings regarding the requirements of the pool pump timer, or 
whether the existing definitions are sufficient to determine the 
compliance status of individual DPPPs. If additional detail is 
warranted, please specify what detail should be added.

B. Scope

    The current Federal test procedures at 10 CFR 431.464(b) apply to 
self-priming and non-self-priming pool filter pumps with hydraulic 
output power less than 2.5 horsepower, waterfall pumps, and pressure 
cleaner booster pumps. 10 CFR 431.464(b)(1)(i). Additionally, 
submersible pumps are not covered by the test procedure. 10 CFR 
431.464(b)(1)(iii)(A).
    The ASRAC DPPP Working Group focused on self-priming and non-self-
priming pool filter pumps with hydraulic output power less than 2.5 
horsepower, which are typically installed in residential applications. 
(Docket No. EERE-2015-BT-0008, No. 82, pp. 1-2). Very large pool filter 
pumps, with hydraulic output of 2.5 horsepower or more, are more 
commonly installed in commercial applications, where the head and flow 
characteristics are significantly different from residential 
installations. Because of these differences, a test procedure for very 
large pool filter pumps would require unique load points. The ASRAC 
DPPP Working Group also noted a lack of performance data for these very 
large pool filter pumps, which prevented the group from negotiating 
standards for these pumps, and therefore they did not recommend a test 
procedure either. (Docket No. EERE-2015-BT-STD-0008, No. 53 at pp. 197-
198; Docket No. EERE-2015-BT-STD-0008, No. 79 at pp. 33-34, pp. 41-42, 
pp. 44-48, pp. 50-53) For these reasons, DOE did not adopt a test 
procedure or standards for pool filter pumps with hydraulic output 
power greater than or equal to 2.5 horsepower.
    Following adoption of the test procedure and energy conservation 
standards for DPPPs, manufacturers identified several models of DPPPs 
that are designed and marketed for commercial applications but do in 
fact have hydraulic output power less than 2.5 horsepower. The Office 
of the General Counsel has issued an enforcement policy statement 
regarding these DPPPs.\4\ The policy states that DOE will not enforce 
the testing, labeling, certification, and standards compliance 
requirements for DPPPs

[[Page 3460]]

meeting all of the following three criteria:
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    \4\ www.energy.gov/gc/articles/direct-purpose-pool-pumps-enforcement-policy.
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    (1) The orifice on the pump body that accepts suction side plumbing 
connections has an inner diameter of greater than 2.85 inches; and
    (2) The pump has a measured performance of >=200 gallons per minute 
(gpm) at 50 feet of head as determined in accordance with appendix B or 
C (as applicable) to subpart Y of part 431, section I.A.1 (When 
determining overall efficiency, best efficiency point, or other 
applicable pump energy performance information, section 40.6.5.5.1, 
``Test procedure''; section 40.6.6.2, ``Pump efficiency''; and section 
40.6.6.3, ``Performance curve'' must be used, as applicable); and
    (3) The pump is marketed exclusively for commercial applications.
    As explained in the enforcement policy statement, these pumps were 
not considered during the ASRAC negotiations, but were not explicitly 
exempted in the regulatory text.
    Issue 4: DOE requests comment on whether it should expand the scope 
of the DPPP test procedure to include pumps designed for commercial 
applications, including those subject to the enforcement policy and/or 
pool filter pumps with hydraulic output power greater than or equal to 
2.5 horsepower. If so, DOE seeks information on which test points and 
system curves would be appropriate to measure performance of these 
DPPPs.

C. Test Procedure

    DOE specifies the weighted energy factor (``WEF'') as the test 
metric for self-priming pool filter pumps, non-self-priming pool filter 
pumps, waterfall pumps, and pressure cleaner booster pumps. 10 CFR 
431.464(b). Generally, the WEF metric is a ratio of the measured water 
flow to the driver power input to the tested pump. For single-speed 
DPPPs, the WEF metric represents pump performance at a single test 
point. For two-speed and multiple-speed DPPPs, the WEF metric 
represents a weighted average of pump performance at two test points. 
Section I.D.3 of appendix B and appendix C to subpart Y of part 431.
1. Updates to Industry Test Procedures
    DOE's established practice is to adopt industry standards as DOE 
test procedures unless such methodology would be unduly burdensome to 
conduct or would not produce test results that reflect the energy 
efficiency, energy use, water use (as specified in EPCA) or estimated 
operating costs of that product during a representative average use 
cycle. 10 CFR 431.4; 10 CFR part 430 subpart C appendix A section 8(c). 
In cases where the industry testing standard does not meet the EPCA 
statutory criteria for test procedures, DOE will make any necessary 
modifications to these testing standards through the rulemaking process 
when adopting them for inclusion into DOE's regulations.
a. HI Standard 40.6
    DOE's test procedure for pumps incorporates by reference HI 40.6-
2014, Methods for Rotodynamic Pump Efficiency Testing, (``HI 40.6-
2014''), with exceptions, specified at 10 CFR 431.463. HI 40.6-2014 
defines and explains how to calculate driver power input, volume per 
unit time, pump total head, pump power output, overall efficiency, and 
other relevant quantities necessary to determine the weighted energy 
factor (``WEF''). HI 40.6-2014 specifies the test setup, methodology, 
standard rating conditions, and tolerances of test equipment. 
Subsequent to the development of the August 2017 Final Rule,\5\ the 
Hydraulic Institute (HI) updated HI 40.6-2014 with the publication of 
HI Standard 40.6-2016, ``Methods for Rotodynamic Pump Efficiency 
Testing'' (``HI 40.6-2016''). This update aligned the definitions and 
procedures described in HI Standard 40.6 with the DOE test procedure 
for commercial and industrial pumps, which published on January 25, 
2016 (81 FR 4086). However, the DOE test procedure for commercial and 
industrial pumps explicitly excludes DPPPs from scope.\6\ Nonetheless, 
DOE has reviewed the relevant sections of HI 40.6-2016 and determined 
that HI 40.6-2016 produces test results that reflect the energy 
efficiency, energy use, or estimated operating costs of a dedicated-
purpose pool pump during a representative average use cycle of DPPPs.
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    \5\ A pre-publication version of the test procedure final rule 
was made available December 22, 2016. www.energy.gov/sites/default/files/2016/12/f34/DPPP_TP_Final_Rule.pdf.
    \6\ DOE's test procedure for determining pump energy efficiency 
was established in a final rule published on January 25, 2016 and 
excluded DPPPs from the definition of end suction close-coupled and 
end suction frame mounted pumps. 81 FR 4086, 4099 (``January 2016 
Final Rule'').
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    Additionally, HI has recently published another updated version of 
HI 40.6, ``Methods for Rotodynamic Pump Efficiency Testing'' (``HI 
40.6-2021''). This version primarily updates the HI standard reference 
for nomenclature and definitions \7\ and includes a new appendix for 
the testing of circulator pumps. In response to a request for 
information on commercial and industrial pumps,\8\ stakeholders 
generally supported DOE's incorporation by reference of HI 40.6-2021 
for that test procedure (Docket No. EERE-2020-BT-TP-0032: Grundfos 
Americas Corporation, No. 7, p. 2; Northwest Energy Efficiency 
Alliance, No. 8, p. 6; HI, No. 6, p. 1), with HI stating that it would 
not impact measured values, burden, or representativeness. (Docket No. 
EERE-2020-BT-TP-0032: HI, No. 6 at p. 3) DOE has reviewed relevant 
sections of HI 40.6-2021 and has determined that updates to the latest 
version of HI 40.6 will neither affect testing nor result in different 
test outcomes for DPPPs.
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    \7\ ANSI/HI 14.1-14.2 ``Rotodynamic Pumps for Nomenclature and 
Definitions'' (``ANSI/HI 14.1-14.2'').
    \8\ 85 FR 60734 (September 28, 2020).
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    Issue 5: DOE requests comments on the updated standard HI 40.6-2021 
and on whether DOE should incorporate HI 40.6-2021 by reference as the 
DOE test procedure for DPPPs. Specifically, DOE requests information on 
whether the updates in HI 40.6-2021 (and HI 40.6-2016) impact the 
measured values for DPPPs, and if so, to what extent. DOE also requests 
information on the impact of the updates in HI 40.6-2021 (and HI 40.6-
2016) to the test burden and the representativeness of the test results 
for DPPPs.
b. NSF/ANSI Standard 50
    DOE's test procedure for DPPPs references specific sections of NSF 
International (``NSF'')/American National Standards Institute 
(``ANSI'') Standard 50-2015 ``Equipment for Swimming Pools, Spas, Hot 
Tubs and Other Recreational Water Facilities'' (``NSF/ANSI 50-2015''). 
The DOE test procedure for DPPPs references Annex C, ``Normative test 
methods for the evaluation of centrifugal pumps,'' Section C.3, ``Self-
priming capability,'' of NSF/ANSI 50-2015. These provisions pertain to 
the classifications and testing of self-priming and non-self-priming 
pool filter pumps. Section F of appendix B to subpart Y of part 431.
    Since publication of the August 2017 Final Rule, NSF updated NSF/
ANSI 50-2015 with the publication of NSF/ANSI/CAN Standard 50-2019 
``Equipment And Chemicals For Swimming Pools, Spas, Hot Tubs, And Other 
Recreational Water Facilities'' (``NSF/ANSI/CAN 50-2019''). This update 
changed section numbering and references but does not affect the test 
methods related to self-priming and non-self-priming pool filter pumps.
    Issue 6: DOE requests comments on the updated standard NSF/ANSI/CAN 
50-2019 and on whether DOE should

[[Page 3461]]

reference NSF/ANSI/CAN 50-2019 sections N3-3 (which is the same as 
section C3 of NSF/ANSI 50-2015) as the DOE test procedure for 
determining the self-priming capabilities of DPPPs. DOE also requests 
information on the impact of the updates in NSF/ANSI/CAN 50-2019 to the 
test burden and the representativeness of the test results.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified in the DATES section, comments and information on matters 
addressed in this RFI.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. 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. Following this instruction, 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 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 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 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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to 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 each time you submit comments, data, 
documents, and other information to DOE. Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
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 contain 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 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. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    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 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
<a href="/cdn-cgi/l/email-protection#d495a4a4b8bdb5bab7b187a0b5bab0b5a6b0a785a1b1a7a0bdbbbaa794b1b1fab0bbb1fab3bba2"><span class="__cf_email__" data-cfemail="15546565797c747b76704661747b717467716644607066617c7a7b665570703b717a703b727a63">[email protected]</span></a>.

Signing Authority

    This document of the Department of Energy was signed on January 12, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 January 12, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-00850 Filed 1-21-22; 8:45 am]
BILLING CODE 6450-01-P


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