Federal Register, Volume 73 Issue 246 (Monday, December 22, 2008)

[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Proposed Rules]
[Pages 78220-78239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30198]

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Proposed Rules
Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 /
Proposed Rules

[[Page 78220]]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-TP-0008]
RIN 1904-AB71

Energy Conservation Program: Test Procedures for Electric Motors

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The Department of Energy (DOE) is proposing new test
procedures for measuring the efficiency of small electric motors,
including both single-phase and polyphase and to update the industry
references and clarify the scope of coverage for DOE's existing test
procedure for electric motors. With this notice, DOE also announces a
public meeting to receive comments on this proposal and the issues
presented herein.

DATES: DOE will accept comments, data, and information regarding the
NOPR until March 9, 2009. See section IV, ``Public Participation,'' of
this proposed rule for details. DOE will hold a public meeting in
Washington, DC, beginning on Thursday, January 29, 2009, from 9 a.m. to
5 p.m., and continuing the following day if necessary. DOE must receive
requests to speak at this public meeting no later than 4 p.m.,
Thursday, January 15, 2009. DOE must receive a signed original and an
electronic copy of statements to be given at the public meeting no
later than 4 p.m., Thursday, January 22, 2009.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. (Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the workshop, please inform DOE as soon as possible by contacting Ms.
Brenda Edwards at (202) 586-2945 so that the necessary procedures can
be completed.)
Any comments submitted must identify the NOPR on Test Procedures
for Electric Motors, and provide the docket number EERE-2008-BT-TP-0008
and/or Regulation Identifier Number (RIN) 1904-AB71. Comments may be
submitted using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: small_electric_motors_tp.rulemaking@ee.doe.gov.
Include the docket number EERE-2008-BT-TP-0008 and/or RIN 1904-AB71 in
the subject line of the message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Please submit one
signed paper original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone: (202) 586-2945. Please
submit one signed paper original.
If DOE is able to hold this public meeting in conjunction with a
public meeting to discuss its preliminary findings in the energy
conservation standards rulemaking for small electric motors, then the
agenda for this public meeting will include topics relating to both the
test procedure and the energy conservation standards rulemakings. The
public meeting would start with a discussion of this test procedure
notice of proposed rulemaking (NOPR). When that discussion is complete,
DOE would immediately begin discussion on the preliminary analyses that
DOE completed in advance of a NOPR for the energy conservation
standards rulemaking.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV, ``Public
Participation,'' of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please
call Ms. Brenda Edwards at (202) 586-2945 for additional information
about visiting the Resource Room.

FOR FURTHER INFORMATION, CONTACT: Mr. James Raba, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: (202) 586-8654. E-mail: Jim.Raba@ee.doe.gov.
In the Office of the General Counsel, contact Mr. Michael Kido, U.S.
Department of Energy, Office of the General Counsel, GC-72, 1000
Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 586-
9507. E-mail: Michael.Kido@hq.doe.gov.
For information about how to submit or review public comments and
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail:
Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction
A. Authority
B. Background
1. Small Electric Motors
2. Electric Motors
II. Summary of Proposed Rule
III. Discussion
A. Small Electric Motors
1. Definitions Concerning Small Electric Motors
a. Alternative Efficiency Determination Method
b. Average Full Load Efficiency
c. Basic Model
d. Small Electric Motor
2. Test Procedures for the Measurement of Energy Efficiency.
3. Alternative Efficiency Determination Method
4. Energy Conservation Standards and Their Effective Dates
B. Definitions
1. Definitions in Subpart A--General Provisions
a. Definition of ``Act''
b. Definition of ``Covered Equipment''
c. Definition of ``EPCA''
2. Definitions in Subpart B--Electric Motors
a. Introductory Sentence to the Definitions Section
b. Definition of ``Accreditation''

[[Page 78221]]

c. Definition of ``Basic Model''
d. Definition of ``Electric Motor''
e. Definition of ``Fire Pump Motor''
f. Definition of ``General Purpose Motor''
g. Definition of ``General Purpose Electric Motor (Subtype I)''
h. Definition of ``NEMA Design B General Purpose Electric
Motor''
i. Definition of ``Nominal Full Load Efficiency''
C. Referenced Documents
D. Determination of Efficiency
E. Laboratory Accreditation and Labeling
1. Accreditation References
2. Test Method References
3. Labeling
F. Policy Statement on Covered Electric Motors
G. Updates to the Electric Motor Test Method for Measuring
Efficiency
1. References to National Electrical Manufacturers Association
Standard MG1
2. References to CAN/Canadian Standards Association Standard
C390
3. References to Institute of Electrical and Electronics
Engineers Standard 112
IV. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which the Department of Energy Seeks Comment
1. Test Procedure for Small Electric Motors
2. Alternative Test Procedure for Small Electric Motors
3. Alternative Efficiency Determination Method for Small
Electric Motors
4. Definition of ``Electric Motor''
5. Definition of ``Fire Pump Motor''
6. Definition of ``NEMA Design B, General Purpose Electric
Motor''
7. Updates to Electric Motor Test Procedure
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
VI. Approval of the Office of the Secretary

I. Introduction

A. Authority

Part A-1 of Title III of the Energy Policy and Conservation Act, as
amended (EPCA), provides for an energy conservation program for
specific industrial equipment.\1\ (42 U.S.C. 6311-6317) This notice
proposes two actions: (1) Creating new test procedures for measuring
the efficiency of small electric motors (typically, motors with ratings
of \1/4\ to 3 horsepower (hp) that are built using a two-digit frame
number series and are distinguished from electric motors, which are
built using a three-digit frame number series at some of the same
horsepower ratings), and (2) revising and expanding the scope of DOE's
test procedure for 1-200 hp electric motors to also apply to motors
with ratings between 201 and 500 hp. Part A-1 serves as DOE's authority
for these proposed actions.
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\1\ This part of Title III of EPCA was originally titled Part C,
but was later redesignated Part A-1 after Part B was repealed by
Pub. L. 109-58, which resulted in a legislative reorganization of
EPCA. Consequently, consumer product requirements are found in Part
A and commercial equipment requirements are in Part A-1 of Title III
of EPCA.
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B. Background

1. Small Electric Motors
On July 10, 2006, the Department of Energy (DOE) published in the
Federal Register a positive determination that energy conservation
standards for certain single-phase and polyphase small electric motors
appear to be technologically feasible, economically justified and would
result in significant energy savings.\2\ 71 FR 38799.
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\2\ Single phase small electric motors are rotational machines
that operate on single phase electrical power, which refers to a
single alternating voltage sinusoidal waveform. Similarly, polyphase
small electric motors are also rotational machines but operate on
three-phase electrical power, which refers to the sinusoidal
waveforms of three supply conductors that are offset from one
another by 120 degrees. Examples of applications for these small
electric motors include pumps, fans, conveyors and other
installations which require low power (i.e., approximately 3 hp and
below).
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Section 346 of EPCA requires DOE to prescribe testing requirements
for those small electric motors for which the Secretary makes a
positive determination. (42 U.S.C. 6317(b)(1)) Thus, DOE stated in its
determination notice that it will initiate the development of test
procedures for certain small electric motors. 71 FR 38807. This notice
constitutes DOE's first action to propose a test method for measuring
the energy efficiency of small electric motors under section 346(b)(1)
of EPCA. In parallel with developing test procedures for small electric
motors, DOE is analyzing what, if any, levels of efficiency would meet
the EPCA criteria.
2. Electric Motors
Section 343(a)(5)(A) of EPCA requires that testing procedures for
electric motor efficiency shall be the test procedures specified in the
National Electrical Manufacturers Association (NEMA) Standards
Publication MG1-1987, and the Institute of Electrical and Electronics
Engineers, Inc. (IEEE) Standard 112 Test Method B for motor efficiency.
(42 U.S.C. 6314(a)(5)(A)) DOE codified and adopted the latest revisions
of those test methods (as well as test methods based on the Canadian
Standards Association (CSA) Standard C390-93, ``Energy Efficient Test
Methods for Three-Phase Induction Motors'') in a Final Rule published
on October 5, 1999. 64 FR 54114.
Section 343(a)(5)(B) of EPCA provides that if the test procedure
requirements under section 343(a)(5)(A) are amended, the Secretary must
amend the electric motor test procedures to conform to such amended
test procedures in the NEMA and IEEE standards, unless the Secretary
determines, by rule, that the amended test procedures are not
reasonably designed to produce results that reflect energy efficiency,
energy use, and estimated operating costs, and would be unduly
burdensome to conduct. (42 U.S.C. 6314(a)(5)(B)) NEMA Standards
Publication MG1-1987 was most recently updated November 20, 2007, and
IEEE Standard 112 was most recently updated in November 2004. Under
section 343(a)(5)(B) of EPCA, DOE proposes to update the test
procedures in Title 10 of the Code of Federal Regulations, Part 431 (10
CFR Part 431) to incorporate the test conditions contained in the most
current versions of these industry test method standards.

II. Summary of Proposed Rule

First, today's notice proposes new test procedures for measuring
the energy efficiency of certain general purpose, small, single-phase
and polyphase electric motors built in a two-digit NEMA frame series.
The proposed test procedures for small electric motors are essentially
incorporated by reference to IEEE Standard 112, ``Test Procedure for
Polyphase Induction Motors and Generators,'' IEEE Standard 114, ``Test
Procedure for Single-Phase Motors,'' and CAN/CSA Standard C747,
``Energy Efficiency for Single- and Three-Phase Small Motors.'' Second,
it proposes updates to the citations of industry standards that are
incorporated by reference under 10 CFR 431.15, which include: NEMA
Standards Publication MG1, ``Motors and Generators;'' IEEE Standard
112, ``Test Procedure for Polyphase Induction Motors and Generators;''
and CAN/CSA Standard C390, ``Energy Efficiency Test Methods for Three-
Phase Induction Motors.'' Finally, it proposes to update the test

[[Page 78222]]

procedures under 10 CFR 431.16 by clarifying that these procedures are
applicable to general purpose motors Subtype I and Subtype II, fire
pump motors, and NEMA Design B, general purpose electric motors rated
more than 200 hp but not greater than 500 hp, as added to EPCA by the
Energy Independence and Security Act of 2007 (EISA 2007). All of the
proposed revisions discussed below are contained in the proposed
regulatory text following the preamble to this notice. DOE seeks
comments on all aspects of this proposal.

III. Discussion

A. Small Electric Motors

Small electric motors are general purpose rotating machines that
use either single-phase or poly-phase electricity and provide torque to
drive applications such as blowers, fans, conveyors and pumps. For the
purposes of this rulemaking, DOE evaluates only those small electric
motors that are not incorporated into products that are otherwise
covered by other Federal regulatory standards. Small motors
incorporated into regulated products such as refrigerators or air
conditioning systems are not within the scope of this rulemaking. The
following discussion provides some of the background and history of
DOE's treatment of this product.
On July 10, 2006, DOE published in the Federal Register a positive
determination that energy conservation standards for small electric
motors appeared to be technologically feasible, economically justified,
and would result in significant energy savings. 71 FR 38807.
Thereafter, DOE began to develop a test procedure for small electric
motors and, at the same time, an analysis of potential energy
conservation standards levels. On August 10, 2007, DOE published in the
Federal Register a notice announcing a public meeting on its
determination and the availability of the rulemaking Framework
Document. In that notice, DOE also separately sought comments
addressing the manner in which it should analyze potential energy
conservation standards for small electric motors. 72 FR 44990. DOE
received one written and several oral comments in response to this
notice, all of which are discussed below.
During the public meeting held September 13, 2007, a representative
from Emerson Motors spoke on behalf of NEMA's member motor
manufacturers. He indicated that IEEE Standard 112 is the test method
motor manufacturers would use to measure the efficiency of polyphase
small electric motors. Further, he noted that IEEE Standard 114 for
single-phase motors is not an active standard, but there were no major
concerns should DOE use it to measure the efficiency of small electric
motors. (Emerson, Public Meeting Transcript, No. 1 at p. 16) \3\ In
written comments, NEMA affirmed that its members use IEEE Standard 112
for measuring the efficiency of polyphase small electric motors and
IEEE Standard 114 for measuring the efficiency of single phase small
electric motors. (NEMA, No. 2 at p. 2) In view of the above comments,
DOE evaluated IEEE Standard 112, IEEE Standard 114, as well as CAN/CSA
Standard C747, ``Energy Efficiency for Single- and Three-Phase Small
Motors,'' and concluded that these test procedures provide the
necessary methodology and technical requirements to accurately
determine the energy efficiency of the small electric motors covered in
its rulemaking. Therefore, DOE proposes to create new Subpart T,
``Small Electric Motors,'' in 10 CFR Part 431, which will set forth
definitions, prescribe test procedures, and promulgate energy
conservation standards for small electric motors.
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\3\ A notation in the form ``Emerson, Public Meeting Transcript,
No. 1 at p. 16'' identifies an oral comment that DOE received during
the September 13, 2007, Framework public meeting and which was
recorded in the public meeting transcript in the docket for this
rulemaking. Likewise, a notation in the form ``(NEMA, No. 2 at p.
2)'' refers to a written comment that DOE received and included in
the docket for this rulemaking (Docket number EERE-2008-BT-TP-0008),
maintained in the Resource Room of the Building Technologies
Program. Specifically, this footnote refers to a comment made by the
National Electrical Manufacturers Association, and recorded on page
2 of document number 2.
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EPCA does not have identical requirements for determining the
energy efficiency of small electric motors and electric motors (i.e.,
1-500 hp). Section 345(c) of EPCA requires that electric motor
manufacturers (i.e., not small electric motor manufacturers) ``certify,
through an independent testing or certification program nationally
recognized in the United States, that [any electric motor subject to
EPCA efficiency standards] meets the applicable standard.'' (42 U.S.C.
6316(c)) The statutory standards for electric motors are laid out in 42
U.S.C. 6313(b). Further, 10 CFR 431.17(a)(5) allows manufacturers to
establish compliance either through a certification program that is
nationally recognized, such as CSA, Underwriters Laboratories, Inc., or
an accredited laboratory that meets the requirements of 10 CFR 431.18,
such as the National Institute of Standards and Technology/National
Voluntary Laboratory Accreditation Program (NIST/NVLAP). These
certification requirements must be met for ``electric motors'' covered
under EPCA and 10 CFR Part 431, but do not include ``small electric
motors.'' Because small electric motors are covered under section 346
of EPCA (42 U.S.C. 6317), the same certification requirements that
apply to electric motors do not apply, although DOE may propose such
requirements for small electric motors in the future. Consistent with
the treatment of other products under section 346 of EPCA, DOE proposes
to allow a manufacturer to self-certify the test results for its small
electric motors (i.e., not require ``independent testing'').
In the following section, DOE presents the major sections of the
proposed 10 CFR Part 431, Subpart T (new), which would cover certain
small electric motors, including definitions, test procedures for
measuring efficiency, and an alternative efficiency determination
method (AEDM).
1. Definitions Concerning Small Electric Motors
DOE proposes to establish section 431.342, ``Definitions,'' under a
new Subpart T of 10 CFR Part 431, and to define the necessary terms
applicable to small electric motors, including ``alternative efficiency
determination method,'' ``average full load efficiency,'' ``basic
model,'' and ``small electric motor.''
a. Alternative Efficiency Determination Method
An AEDM is a means of calculating the total power loss and average
full load efficiency of a small electric motor. It is derived from a
mathematical model that represents the mechanical and electrical
characteristics of a basic model of a small electric motor and is based
on engineering or statistical analysis, computer simulation or
modeling, or other analytic evaluation of performance data. The
accuracy and reliability are substantiated through actual testing of a
statistically valid sample of basic models of small motors. The use of
an AEDM is intended to alleviate any undue burden from a manufacturer
who may otherwise be required to test all of its basic models. The
proposed definition for this term is identical to the definition under
10 CFR 431.12, except the component term ``electric motor'' has been
replaced by ``small electric motor.''
b. Average Full Load Efficiency
``Average full load efficiency'' refers to the arithmetic average
of the full load

[[Page 78223]]

efficiencies of a population of small electric motors of duplicate
design. It assumes a normal (Gaussian) distribution of efficiencies.
The proposed definition for this term is identical to the definition
under 10 CFR 431.12, except the component term ``electric motor'' has
been replaced by ``small electric motor.''
c. Basic Model
DOE proposes to define the term ``basic model'' for small electric
motors in the same manner as it applies to electric motors in 10 CFR
431.12. Basic models of small electric motors are manufactured by a
single manufacturer and have the same rating, essentially identical
electrical characteristics, and no differing physical or functional
characteristics affecting energy consumption or efficiency.\4\ The four
proposed requirements for a basic model of small electric motor are the
same as those for an electric motor. Due to the similarities in
construction, manufacture, customer sales and other key aspects of
electric motors and small electric motors, DOE believes that
constructing a definition for ``basic model'' of small electric motor
around the existing definition of ``electric motor'' is appropriate. In
the nearly ten years since the regulatory standard became effective for
1-200 hp motors, DOE has received fewer than five complaints where a
covered motor was alleged to be out of compliance with the regulatory
standard. Each case was investigated by DOE and subsequently resolved
by the manufacturer's voluntary removal of the product from the market.
For this reason, DOE finds that the definition of ``basic model,'' as
it applies to an electric motor, has proven effective in ensuring that
electric motors manufactured, produced, assembled, or imported are in
compliance with the effective national energy conservation standards.
The proposed definition minimizes the burden for small electric motor
manufacturers when determining compliance with an energy conservation
standard while ensuring that the energy consumption of these products
is accurately captured.
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\4\ Note: 10 CFR 431.12 defines the term ``rating'' for a basic
model as a combination of the motor's group, horsepower rating (or
standard kilowatt equivalent), and number of poles for which an
efficiency rating applies.
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d. Small Electric Motor
In today's NOPR, DOE proposes to codify the statutory definition of
``small electric motor'' into Subpart T of 10 CFR Part 431. Section
340(13)(G) of EPCA, as amended by EISA 2007 (42 U.S.C. 6311(13)(G)),
defines the term ``small electric motor'' as ``a NEMA [National
Electrical Manufacturers Association] general purpose alternating-
current single-speed induction motor, built in a two-digit frame number
series in accordance with NEMA Standards Publication MG1-1987.''
2. Test Procedures for the Measurement of Energy Efficiency
In today's notice, DOE proposes that a manufacturer measure the
energy efficiency of a covered small electric motor according to one of
three test methods. Consistent with the choice of test methods
presented for electric motors in 10 CFR Part 431, subpart B, appendix
B, a manufacturer would be permitted to select either an IEEE or CSA
test method that is appropriate for single-phase or polyphase small
electric motors. The represented efficiency of a basic model of small
electric motor must be based on one of the IEEE test methods (i.e.,
IEEE Standard 114-2001 or IEEE Standard 112-2004), or the CSA test
method (i.e., CAN/CSA Standard C747-94, ``Energy Efficiency Test
Methods for Single- and Three-Phase Small Motors'').
DOE examined the above test procedures and concluded that each
offers clear, consistent, and accurate means of measuring the energy
efficiency of small electric motors. Three categories of small electric
motors will be subject to the test procedures: single-phase capacitor-
start, induction-run (CSIR); single-phase capacitor-start, capacitor-
run (CSCR); and polyphase small motors. IEEE Standard 114-2001 applies
to CSIR and CSCR small motors, and IEEE Standard 112-2004 applies to
polyphase small motors, and CAN/CSA Standard C747-94 applies both to
single-phase and polyphase small motors. DOE's proposal that a
manufacturer may test its small motors according to either IEEE
Standard 112 or 114, as applicable, is consistent with recommendations
from interested parties. (Emerson, Public Meeting Transcript, No. 1 at
p. 16; NEMA, No. 2 at p. 2). Moreover, DOE proposes adopting the above
IEEE test methods because (1) each represents an approach that is
consistent with the existing test methods for electric motors, which
have been in effect without issue since November 1999 as part of 10 CFR
part 431; (2) they are the most current versions in use by industry and
have been periodically updated to reflect the best approaches for
measuring and determining the efficiency of small motors; and (3) DOE
believes that they will provide accurate and repeatable measurements
because they tightly define tolerances, setup equipment, methods and
procedures which manufacturers have developed to fairly compare the
performance characteristics of their products.
DOE's proposal that a manufacturer be allowed to use the CAN/CSA
Standard C747-94 test method as an alternative to the IEEE standards is
based on two factors: (1) Using the CAN/CSA Standard C747-94 or one of
the IEEE standards will result in an accurate and consistent
measurement of energy efficiency, and (2) the long-standing North
American Free Trade Agreement has established one large market
including Canada and the United States, which makes the use of this
procedure consistent with that agreement's purpose to reduce trade
barriers while maintaining the integrity of the energy conservation
program. Further, 10 CFR Part 431 provides a manufacturer the
flexibility to test its electric motors according to CSA Standard C390-
93. Therefore, DOE believes adopting a similar approach for small
electric motor manufacturers is appropriate.
3. Alternative Efficiency Determination Method
Section 343(a)(2) of EPCA requires that the test procedures
prescribed for electric motors by DOE be ``reasonably designed to
produce test results which reflect energy efficiency,'' yet not be
``unduly burdensome'' to conduct. (42 U.S.C. 6314(a)(2)) Manufacturers
produce large numbers of basic models of small electric motors,
numbering in the thousands. These large numbers are due in part to the
frequency with which units are modified because of material price
fluctuations, which often necessitates the development of a new basic
model. Testing the efficiency of an electric motor, unit by unit,
typically requires ten to twelve hours (per unit) to complete and can
cost as much as $2,000.00 per test. Further, DOE understands that many
small electric motor designs are generated by proprietary software
programs that have been refined over the years through engineering
analysis and actual testing.
In view of the substantial number of basic models of small electric
motors that would be subject to an individual testing requirement for
each basic model, DOE is concerned that a manufacturer of small
electric motors would likely face a substantial burden in conducting
these tests to demonstrate compliance with the regulatory standard. To
reduce this testing burden while meeting the energy conservation goals
of EPCA, DOE proposes to adopt procedures that would allow a

[[Page 78224]]

manufacturer to certify compliance by using an AEDM and a statistically
meaningful sampling procedure for selecting test specimens that would
be consistent with the existing requirements in 10 CFR 431.17 that
currently apply to electric motors.
An AEDM is a predictive mathematical model that has been developed
from engineering analyses of design data and substantiated by actual
testing. It represents the energy consumption characteristics of one or
more basic models. Before using an AEDM, a manufacturer must determine
its accuracy and reliability through actual testing of a statistically
valid sample of at least five basic models. For each basic model, the
manufacturer must test a sample size of no fewer than five units
selected at random according to the criteria proposed that would appear
in a new section 431.345, ``Determination of Small Electric Motor
Efficiency.'' After confirming the AEDM's accuracy, the manufacturer
may use that AEDM to determine the efficiencies of other basic models
of small electric motors, without further testing.
To confirm its accuracy, DOE requires that the basic models tested
to validate the AEDM have a predicted total power loss that falls
within ten percent of the mean total power loss determined from the
actual testing. The total power loss for each basic model is calculated
by applying the AEDM. This tolerance level is consistent with the
current AEDM accuracy and reliability requirements for electric motors.
See 10 CFR 431.17. DOE understands that the power loss predicted from
an AEDM will differ from the power loss predicted from testing sample
units of a basic model, due to natural manufacturing and material
variability of the actual units within each model sample. The magnitude
of such differences depends on the degree of variability, quantified as
the standard deviation, and the sample size. As the number of units in
each sample and the number of samples increases, the difference between
the calculated and measured values should decrease, but as a practical
matter it never disappears.
DOE invites comments on its proposal to allow manufacturers of
small electric motors to use an AEDM, and the requirements for a
manufacturer to substantiate the accuracy of its AEDM, including the
number of basic models to be tested, and the accuracy of the predictive
capabilities of the AEDM relative to actual testing.
4. Energy Conservation Standards and Their Effective Dates.
In a separate rulemaking, scheduled to be completed in 2010, DOE is
considering establishing energy conservation standards for small
electric motors. In today's NOPR, DOE proposes to create a new section
431.346, entitled ``Energy Conservation Standards and Their Effective
Dates,'' and reserve it for small electric motor standards. For
information about the energy conservation standards rulemaking for
small electric motors, please visit DOE's Web page at http://www1.eere.energy.gov/buildings/appliance_standards/commercial/small_electric_motors.html.

B. Definitions

EISA 2007 amended EPCA to prescribe energy conservation standards
for specific consumer products and commercial equipment, including
electric motors. In today's NOPR, DOE proposes new or amended
definitions to address updates to the test procedures for measuring the
efficiency of electric motors. The updates include changing citations,
correcting cross-referencing errors in 10 CFR Part 431, and proposing
definitions to clarify the application of the test procedures for
electric motors and any associated energy conservation standards. Each
revision is addressed below and DOE requests comments on each.
1. Definitions in Subpart A--General Provisions
a. Definition of ``Act''
DOE proposes to revise the definition of the term ``Act'' in 10 CFR
431.2. In 10 CFR Part 431, revised January 1, 2008, the term ``Act''
means ``the Energy Policy and Conservation Act of 1975, as amended, 42
U.S.C. 6291-6316.'' The correct U.S. Code citation for this term should
include 42 U.S.C. 6317, which encompasses distribution transformers,
high-intensity discharge lamps and small electric motors. DOE believes
this correction is necessary to eliminate any potential confusion that
may result from the omission of section 6317, particularly because it
addresses small electric motors. The revised definition of the term
``Act'' can be found in 10 CFR 431.2 of the proposed regulation section
of today's notice.
b. Definition of ``Covered Equipment''
DOE proposes to amend the definition of the term ``covered
equipment'' in 10 CFR 431.2. The term ``covered equipment'' is used
throughout 10 CFR Part 431 for specific commercial and industrial
equipment that are regulated under 10 CFR Part 431. The definition of
``covered equipment'' identifies each type of equipment that is
considered covered and provides a citation to the definition of that
equipment. In view of its determination that energy conservation
standards for certain small electric motors are technologically
feasible and economically justified, and would result in significant
energy savings, DOE proposes to amend the definition of ``covered
equipment'' to include small electric motors. (71 FR 38799 (July 10,
2006))
As addressed in section III.A.1.d of today's notice, DOE proposes
to codify the statutory definition of a ``small electric motor'' in a
new section 431.342. The citation to this section would be cross-
referenced within the definition of ``covered equipment'' at 10 CFR
431.2. This proposed revision to the definition of ``covered
equipment'' is necessary to inform interested parties that small
electric motors are regulated equipment under 10 CFR Part 431. The
revised definition of ``covered equipment'' can be found in 10 CFR
431.2 of the proposed regulation section of today's notice.
c. Definition of ``EPCA''
DOE proposes to revise the definition of the term ``EPCA'' in 10
CFR 431.2. In 10 CFR Part 431, revised January 1, 2008, the term
``EPCA'' means ``the Energy Policy and Conservation Act, as amended, 42
U.S.C. 6291-6316.'' Consistent with its revision to the meaning of the
term ``Act'' in 10 CFR 431.2, DOE proposes to correct the U.S. Code
citation from ``42 U.S.C. 6316'' to ``42 U.S.C. 6317.'' DOE believes
this correction to the United States Code citations is necessary to
eliminate any potential confusion that may result from the omission of
section 6317, particularly because section 6317 contains provisions
affecting small electric motors. The revised definition of EPCA can be
found in 10 CFR 431.2 of the proposed regulation section of today's
notice.
2. Definitions in Subpart B--Electric Motors
a. Introductory Sentence to the Definitions Section
On October 18, 2005, DOE published a technical amendment final rule
that codified the prescriptive standards contained in the Energy Policy
Act of 2005 (Pub. L. 109-58). The final rule contained standards and
direction for developing test procedures for several new products,
which were subsequently codified in 10 CFR Part 431. In that final
rule, DOE redesignated subparts K, L,

[[Page 78225]]

and M (which address Enforcement, General Provisions, and Petitions,
respectively) as subparts U, V, and W. 70 FR 60416-17. However, the
introductory sentence in 10 CFR 431.12 continues to refer to old
subparts K, L, and M. Therefore, DOE proposes to revise the
introductory language to redirect the references to subparts U, V, and
W, respectively. DOE believes that this editorial correction is
necessary to eliminate the potential for confusion.
b. Definition of ``Accreditation''
DOE proposes to revise the definition of the term
``accreditation,'' in 10 CFR 431.12, by updating its citations to
industry test procedures.\5\ Currently, the definition of
``accreditation'' refers to ``Test Method B of Institute of Electrical
and Electronics Engineers (IEEE) Standard 112-1996, Test Procedure for
Polyphase Induction Motors and Generators,'' and ``Test Method (1) of
CSA Standard C390-93, Energy Efficient Test Methods for Three-Phase
Induction Motors.'' In today's NOPR, DOE proposes to update the
industry standards incorporated by reference to IEEE Standard 112-2004
and CAN/CSA Standard C390-98(R2005). To ensure consistency, DOE also
proposes to make corresponding updates to the industry standard
citations in the definition of ``accreditation.'' The revised
definition of the term ``accreditation'' would be inserted into 10 CFR
431.12.
---------------------------------------------------------------------------

\5\ In section II.A.5 of the preamble to the October 5, 1999
Final Rule for Electric Motors, DOE noted that ``accreditation would
generally have to be based on the version of the test method
currently incorporated into the DOE regulation.'' 64 FR 54119.
---------------------------------------------------------------------------

c. Definition of ``Basic Model''
With respect to an electric motor, the term ``basic model'' is
defined in 10 CFR 431.12 in relevant part, as ``one of the 113
combinations of an electric motor's horsepower (or standard kilowatt
equivalent), number of poles, and open or enclosed construction.''
Section 313 of EISA 2007 amended sections 340(13) and 342(b) of EPCA
(42 U.S.C. 6311(13) and 6313(b), respectively) to add terms,
definitions, and energy conservation standards relevant to electric
motors, including ``General Purpose Electric Motor (Subtype II)'' and
``NEMA Design B, General Purpose Electric Motors.'' This action amended
the scope of covered electric motors and the applicable energy
conservation standards to encompass more than the original 113
combinations of horsepower, number of poles, and type of construction.
To account for this expanded scope that EISA 2007 introduced, DOE
proposes to revise the definition of ``basic model'' in 10 CFR 431.12
by replacing the phrase ``means one of the 113 combinations of'' with
the phrase ``means a combination of'' because there are now more than
113 combinations covered and regulated. DOE believes that this revision
will eliminate any potential confusion, while preserving the
requirement that an electric motor basic model be rated according to a
discrete combination of horsepower, number of poles, and type of
construction. Since the proposed definition retains the same
requirements of a basic model that are present in the existing
definition, this proposed change will have no impact on the scope of
covered electric motors, and will not affect the measurement of
efficiency or be unduly burdensome to manufacturers.
d. Definition of ``Electric Motor''
Section 313(a)(2) of EISA 2007 amended section 340(13)(A) of EPCA
(42 U.S.C. 6311(13)(A)) by replacing the term and definition of
``electric motor'' with two new electric motor categories--``General
Purpose Electric Motor (Subtype I)'' and ``General Purpose Electric
Motor (Subtype II).'' DOE plans to issue a technical amendment final
rule codifying these EISA 2007 amendments into 10 CFR 431.12. This
means that the term ``electric motor,'' which frequently appears
throughout various subparts of 10 CFR Part 431, is left undefined. DOE
is concerned that this may cause confusion about which electric motors
are required to comply with mandatory test procedures and energy
conservation standards.
Section 313(a)(2) also established a new EPCA section 340(13) (42
U.S.C. 6311(13)(A)) and definitions for ``general purpose electric
motor (subtype I)'' and ``general purpose electric motor (subtype
II).'' Further, EISA 2007 section 313(b)(1)(B) amended EPCA section
342(b) (42 U.S.C. 6313(b)) by inserting the terms ``fire pump motors''
and ``NEMA Design B, general purpose electric motors.'' In view of the
EISA 2007 directives and to eliminate confusion, DOE proposes to insert
a definition into Section 431.12 for ``electric motor'' that aggregates
the four types of electric motors now covered by EPCA. DOE believes
that adopting such a definition will make clear that the test
procedures for electric motors apply to the four types of motors and
will not alter the scope of covered electric motors EISA 2007 created.
The proposed definition of ``electric motor'' will not have any impact
on the actual measurement of efficiency nor will it be unduly
burdensome to manufacturers, because it simply combines the four types
of covered motors into one term.
e. Definition of ``Fire Pump Motor''
Section 313(b)(1) of EISA 2007 amended section 342(b) of EPCA (42
U.S.C. 6313(b)) by prescribing energy conservation standards for fire
pump motors. However, EISA 2007 did not define the term ``fire pump
motor.'' To address this gap, DOE investigated what characteristics
constitute a fire pump motor and, in the process, examined
manufacturers' product literature and nationally accepted industry
standards documents, including Underwriter Laboratories (UL) Standard
1004A, ``Fire Pump Motors,'' and the National Fire Protection
Association (NFPA) 20, ``Standard for the Installation of Stationary
Pumps for Fire Protection.'' DOE could not locate any one source that
provided a broadly applicable definition of ``fire pump motor.''
Manufacturers' literature provided specifications for the fire pump
motors each had for sale, often advertising specific types of motors
for particular fire protection applications or product designations
unique to that manufacturer. The UL Standard 1004A sets forth safety
standards for NEMA Design B motors used in fire pump applications, in
accordance with NFPA 20, but does not explicitly define the term ``fire
pump motor.'' The NFPA Standard 20 sets forth performance requirements
for motors intended for use in fire pump applications, but does not
explicitly define the term ``fire pump motor.''
Absent a clear industry definition of ``fire pump motor,'' DOE
proposes to add a definition to 10 CFR 431.12 that would be based
primarily on the scope of UL Standard 1004A-2001, paragraph 1.1, which
reads: ``This Standard covers Design B polyphase motors, as defined in
NEMA MG1, ``Motors and Generators,'' rated 500 hp (373 kW) or less, 600
volts or less, that are intended for use in accordance with NFPA 20,
``Standard for the Installation of Centrifugal Fire Pumps.'' DOE's
proposal makes two modifications to this definition. First, DOE
proposes to insert an approval/publication date, i.e., NFPA 20-2007, to
make clear which version is required. Second, DOE proposes revising the
referenced title of the 2007 NFPA Standard 20 in the UL paragraph from
``Standard for the Installation of Centrifugal Fire Pumps'' to the 2007
title, ``Standard for the Installation of Stationary Pumps for Fire
Protection.''

[[Page 78226]]

f. Definition of ``General Purpose Motor''
Currently, 10 CFR 431.12 defines the term ``general purpose motor''
in part by incorporating by reference NEMA MG1-1993, paragraphs 14.02,
``Usual Service Conditions,'' and 14.03, ``Unusual Service
Conditions.'' Since the promulgation of this definition, NEMA MG1-1993
has been updated to NEMA MG1-2006, which renumbered these paragraphs to
14.2 and 14.3, respectively. DOE compared the two paragraphs in NEMA
MG1-1993 to the updated NEMA MG1-2006 and concluded that the 1993 and
2006 definitions of ``Usual Service Conditions'' and ``Unusual Service
Conditions'' are identical, except for the paragraph numbers.
Therefore, DOE proposes to update the references in 10 CFR 431.12 to
ensure consistency with current industry standards and eliminate any
potential for confusion. This proposed change will have no impact on
the scope of motors covered, or measurement of efficiency, or be unduly
burdensome to manufacturers.
g. Definition of ``General Purpose Electric Motor (Subtype I)''
Section 313(a)(2) of EISA 2007 amended section 340(13) of EPCA (42
U.S.C. 6311(13)(A)) to add the term ``general purpose electric motor
(subtype I).'' Accordingly, DOE plans to publish a technical amendment
final rule amending 10 CFR 431.12 to codify this EISA 2007 amendment.
In view of the above definition of ``general purpose motor,'' the
definition of ``general purpose electric motor'' also incorporates by
reference paragraphs 14.02 and 14.03 of NEMA Standards Publication MG1-
1993. For the same reasons discussed above for general purpose motors,
DOE proposes to update the references in 10 CFR 431.12 to ``paragraph
14.02'' and ``paragraph 14.03'' in NEMA Standards Publication MG1-1993
to ``paragraph 14.2'' and ``paragraph 14.3'' in NEMA Standards
Publication MG1-2006. This proposed change will have no impact on the
scope of motors covered, or measurement of efficiency, or be unduly
burdensome to manufacturers, because the content of the MG1-2006
paragraphs is the same as those in MG1-1993.
h. Definition of ``NEMA Design B General Purpose Electric Motor''
Section 313(b)(1)(B) of EISA 2007 amended section 342(b) of EPCA
(42 U.S.C. 6313(b)) to prescribe energy conservation standards for NEMA
Design B general purpose electric motors with a power rating of more
than 200 hp but not greater than 500 hp. EISA 2007 does not otherwise
define the term ``NEMA Design B general purpose electric motor.''
Therefore, DOE is proposing to insert a definition for these electric
motors based on NEMA Standards Publication MG1-2006, paragraph
1.19.1.2, ``Design B,'' which reads as follows:

A Design B motor is a squirrel-cage motor designed to withstand
full-voltage starting, developing locked-rotor, breakdown, and pull-
up torques adequate for general application as specified in 12.38,
12.39, and 12.40, drawing locked-rotor current not to exceed the
values shown in paragraphs 12.35.3 for 60 hertz and 12.35.3 for 50
hertz, and having a slip at rated load of less than 5 percent.
Motors with 10 or more poles shall be permitted to have slip
slightly greater than 5 percent.\6\
---------------------------------------------------------------------------

\6\ Design B motors account for most of the induction motors
sold and are used in a wide variety of applications including
industrial processes and commercial equipment. These polyphase
motors are often referred to as general purpose motors, and have 5
percent or less of slip. (The term ``slip'' refers to the difference
in the speed of the rotor relative to that of the synchronous speed.
In actual operation, rotor speed always lags the magnetic field's
speed, allowing the rotor bars to cut magnetic lines of force and
produce useful torque. This speed difference is called slip speed.
Slip also increases with load and is necessary for torque
production.)

DOE plans to publish a technical amendment final rule that amends
10 CFR 431.12 codifying the EISA 2007 energy conservation standard for
NEMA Design B general purpose electric motors. In this NOPR, DOE
proposes to amend 10 CFR 431.12 by adopting the NEMA definition of
``NEMA Design B general purpose electric motor'' from MG1-2006, with
the following changes: (1) Removing the reference to 50 hertz and
corresponding performance characteristics, because the EISA 2007-
prescribed efficiency standards (NEMA MG-1 (2006) Table 12-11) cover
only 60 hertz motors; (2) limiting the maximum slip requirement to
motors with fewer than 10 poles, because EISA 2007-prescribed standards
cover 2-, 4-, 6-, and 8-pole motors; and (3) correcting the referenced
locked-rotor current paragraphs from ``12.35.3'' to ``12.35.1,''
because there is no ``12.35.3'' in MG1-2006 and the table under
paragraph 12.35.1 contains the maximum currents associated with a
locked-rotor.
i. Definition of ``Nominal Full Load Efficiency''
DOE proposes to revise the definition of ``nominal full load
efficiency'' in 10 CFR 431.12, by updating the reference to ``Column A
of Table 12-8, NEMA Standards Publication MG1-1993,'' which prescribes
the efficiency levels of covered electric motors. DOE compared Table
12-8 (1993) with its updated version, Table 12-10 in NEMA MG1-2006, and
found that the tables have identical efficiency levels, but the
reference number had changed from ``12-8'' to ``12-10'') and the titles
``Column A Nominal Efficiency'' and ``Column B Minimum Efficiency Based
on 20% Loss Difference'' were modified to simply read ``Nominal
Efficiency'' and ``Minimum Efficiency Based on 20% Loss Difference.''
Therefore, DOE proposes to update the definition of ``nominal full load
efficiency'' in 10 CFR 431.12, by changing ``Column A of Table 12-8,
NEMA Standards Publication MG1-1993'' to read: ``Nominal Efficiency''
column of Table 12-10, NEMA Standards Publication MG1-2006.'' In DOE's
view, this proposed change will eliminate confusion over the reference
in 10 CFR 431.12 and otherwise have no impact on the measurement of
efficiency or burden on manufacturers, because the substantive content
(i.e., efficiency values) of the table is not affected.

C. Referenced Documents

Section 431.15 of 10 CFR Part 431, ``Materials incorporated by
reference,'' is based on the test procedures and standards for motors
that were in effect as of October 5, 1999. In today's NOPR, DOE
proposes to revise 10 CFR 431.15 by deleting cited material that is no
longer needed or has otherwise been updated and inserting references to
the current industry standards.
1. NEMA Standards Publication MG1. In view of the EISA 2007
amendments to EPCA, DOE proposes to incorporate by reference the
pertinent provisions from NEMA Standards Publication MG1-2006 in place
of the current reference to NEMA Standards Publication MG1-1993. For
example, EISA 2007 313(a)(2) deleted reference to the definition of
``electric motor'' in EPCA section 340(13)(A). In turn, DOE's technical
amendment final rule deleted the term ``electric motor'' in 10 CFR
431.12. Due to this change, many sections in NEMA Standards Publication
MG1-1993 are no longer used or referenced either in the test procedures
prescribed at 10 CFR 431.16 or the energy conservation standards at 10
CFR 431.25. There are four updated citations and one new citation,
which are addressed below.
Paragraph (2) of 10 CFR Part 431, Subpart B, Appendix B refers to
``NEMA MG1-1993 with Revisions 1 through 4, paragraph 12.58.1.'' While
NEMA MG1-1993 and MG1-2006 both contain a paragraph 12.58.1, the
content of these paragraphs differ slightly. The 2006 version extends
the covered motor

[[Page 78227]]

horsepower ratings that are tested by dynamometer, as described in IEEE
Standard 112 (Method B), from an upper limit of 400 hp in 1993 (NEMA
MG1-1993 Revision 4) to 500 hp in 2006. Therefore, DOE proposes to
incorporate by reference the paragraph from MG1-2006, because the
current industry test procedures for motor efficiency are applicable
through 500 hp. This change is also consistent with changes introduced
by EISA 2007, which provided nominal full load efficiency standards for
specific general purpose electric motors rated up to 500 hp (i.e., NEMA
Design B general purpose electric motors).
Paragraph 12.58.2 of NEMA Standards Publication MG1-1993 was not
incorporated by reference in 10 CFR 431.15, but is included in
references to the labeling requirements contained in 10 CFR
431.31(a)(2). Therefore, to avoid any confusion, DOE proposes to
incorporate by reference paragraph 12.58.2 into 10 CFR 431.15.
Table 12-8 in NEMA Standards Publication MG1-1993 is incorporated
by reference under 10 CFR 431.15(b)(1)(iv). As discussed above in
section III.B.2.i, Table 12-8 (1993) is now Table 12-10 (2006), and
retains the same efficiency values as Table 12-8. Therefore, DOE
proposes to update this reference to Table 12-10 from NEMA MG1-2006.
As discussed above in section III.B.2.f, NEMA Standards Publication
MG1-1993, paragraphs 14.02 and 14.03 became paragraphs 14.2 and 14.3 in
MG1-2006. In addition to updating the definition of ``general purpose
motor'' under 10 CFR 431.12 and its reference to ``usual'' and
``unusual service conditions,'' DOE proposes to update 10 CFR
431.15(b)(v) by deleting paragraphs 14.02 and 14.03 and incorporating
by reference the updated citations to paragraphs 14.2 and 14.3.
Section 431.15(b)(2) of 10 CFR 431.15 incorporates by reference
IEEE Standard 112-1996 Test Method B. Although IEEE Standard 112-2004
Test Method B is the current standard (see section III.G), the test
method is the same in both documents. Consequently, DOE believes the
1996 version is obsolete and proposes to incorporate by reference the
2004 version. Similarly, DOE proposes to update the reference to CSA
Standard C390-93, ``Energy Efficiency Test Methods for Three-Phase
Induction Motors'' at 10 CFR 431.15(b)(3) to the current ``CSA Standard
C390-98 (R2005).''
In addition to the aforementioned updates to the referenced
industry standards documents, DOE proposes to delete certain industry
standards that were previously incorporated by reference in 10 CFR
431.15, but are no longer used or referenced in DOE's proposed test
procedure or energy conservation standard. In particular, DOE proposes
to delete those standards that were required elements under 10 CFR
431.12, ``electric motor,'' but were stricken by EISA 2007, including
International Electrotechnical Commission Standards 60034-1 (1996),
60050-411 (1996), 60072-1 (1991), and 60034-12 (1991).
In 10 CFR 431.15(c), DOE provides locations where the standards
incorporated by reference are available for inspection. The first is
the National Archives and Records Administration (NARA) and the second
is DOE. DOE proposes to update the citation for the Web site associated
with NARA and to modify the DOE docket information to reflect today's
proposal.
In 10 CFR 431.15(d), DOE identifies the organizations from which
the public may purchase or otherwise obtain standards incorporated by
reference in 10 CFR Part 431, subpart B, for electric motors. DOE
proposes to update the list of organizations and directions for
purchasing the standards. First, NEMA Standards Publication MG1-2006
may be purchased directly through NEMA, the originator of the MG1
standard. Second, DOE updated some of the address details for obtaining
IEEE standards. Third, DOE updated the address and telephone number for
obtaining CAN/CSA Standard C390-98(R2005). For each vendor, DOE
inserted Web site information that provides another way to purchase
standards or, in some cases, download standards.
In 10 CFR 431.15(e), DOE identifies standards documents that are
not referenced in the test procedures, listed for ``information and
guidance'' concerning laboratory accreditation and certification
programs. Although they are not used in the test procedures for
electric motors, they form the basis for the nationally recognized
laboratory accreditation and certification programs that are essential
to compliance certification under 10 CFR 431.36(a)(1) and (2). Further,
10 CFR 431.19 and 10 CFR 431.20 provide explicit reference to these
documents as part of the underpinning to DOE's recognition of
accreditation bodies and certification programs for electric motor
efficiency. Because many have been superseded by newer versions, DOE
proposes to update those references. The current list of references
includes (1) NVLAP Handbook 150, ``Procedures and General
Requirements,'' February 2006; (2) NVLAP Handbook 150-10, ``Efficiency
of Electric Motors,'' February 2007; (3) ISO/IEC Guide 17025:2005,
``General requirements for the competence of calibration and testing
laboratories;'' (4) ISO Guide 27:1983, ``Guidelines for corrective
action to be taken by a certification body in the event of either
misapplication of its mark of conformity to a product, or products
which bear the mark of the certification body being found to subject
persons or property to risk;'' (5) ISO/IEC Guide 28:2004 ``Conformity
assessment--Guidance on a third-party certification system for
products;'' ISO/IEC Guide 58, ``Calibration and testing laboratory
accreditation systems--General requirements for operation and
recognition;'' and ISO/IEC Guide 65:1996, ``General requirements for
bodies operating product certification systems.'' In addition, DOE
proposes to add ISO/IEC Guide 60:2004, ``Conformity assessment--Code of
good practice,'' that recommends good practices for all elements of
conformity assessment, including certification programs.

D. Determination of Efficiency

In 10 CFR 431.17, ``Determination of Efficiency,'' DOE proposes
three updates to the introductory paragraph to reflect changes to
referenced sections that have moved. The proposed updates will not
affect the measure of efficiency determined by manufacturers, but will
correct outdated cross references that exist in the introductory
paragraph.
First, in 10 CFR 431.17, DOE proposes to correct the reference to
EPCA in 10 CFR 431.17 from ``Part C'' to ``Part A-1,'' because this
section on ``Certain Industrial Equipment'' was moved by EPACT 2005
(see discussion in section I.A above). Second, DOE proposes to expand
the reference to ``42 U.S.C. 6311-6316'' to include section 6317, which
includes small motors. Third, DOE proposes to correct the cross
reference to section ``431.192,'' where 10 CFR 431.17 reads, ``This
section does not apply to enforcement testing conducted pursuant to
section 431.192,'' to read ``431.383.'' The prior section 431.192 was
moved to section 431.383 but this cross-reference was not updated. (See
70 FR 60416 (October 18, 2005))

E. Laboratory Accreditation and Labeling

1. Accreditation References
In 10 CFR 431.18(a), DOE establishes certain requirements for the
accreditation of any laboratory to test motors for compliance with the
efficiency standards in 10 CFR Part 431.

[[Page 78228]]

In particular, 10 CFR 431.18(b) describes NIST/NVLAP and the
requirements for laboratory accreditation that is granted on the basis
of conformance to criteria published in 15 CFR 285, The National
Voluntary Laboratory Accreditation Program, NIST Handbook 150,
Procedures and General Requirements, and NIST Handbook 150-10,
Efficiency of Electric Motors. Where 10 CFR 431.18(b) refers to ``NIST
Handbook 150-10, August 1995,'' DOE proposes to update the reference to
``NIST Handbook 150-10, February 2007'' to ensure that the most recent
requirements for NIST/NVLAP accreditation are incorporated into 10 CFR
Part 431 and laboratories continue to test motors according to the most
current industry procedures. This change will eliminate any potential
confusion and not impose any undue burden on testing laboratories.
2. Test Method References
DOE proposes to update the test procedures and methodologies
referred to in 10 CFR 431.19(b)(4) and (c)(4), and in 10 CFR
431.20(b)(4) and (c)(4) to reflect current industry test procedures
that are proposed elsewhere in today's notice. Where DOE refers to
``IEEE Standard 112-1996 Test Method B'' and ``CSA Standard C390-93
Test Method (1),'' DOE proposes to update the references to ``IEEE
Standard 112-2004 Test Method B'' and ``CAN/CSA Standard C390-98(R2005)
Test Method (1),'' respectively. Likewise, DOE proposes to update the
same references in appendix A to subpart B of 10 CFR Part 431. As
discussed in section III.G, DOE examined the IEEE and CSA test
procedures and concluded that the proposed updates are consistent with
the previous methodologies and will not otherwise affect the
measurement of efficiency.
3. Labeling
The labeling requirements for electric motors in 10 CFR
431.31(a)(2) refer to the term ``nominal full load efficiency'' and the
terms specified in paragraph 12.58.2 of NEMA MG1-1993. DOE proposes to
update this reference to the current document, NEMA MG1-2006. DOE
examined and compared the language and requirements of paragraph
12.58.2 in NEMA MG1-1993 (Revision 4) with NEMA MG1-2006 (Revision 1)
and concluded that they are essentially equivalent, i.e., there were no
modifications to the text which affect the electric motors covered in
this rulemaking.\7\ Therefore, DOE proposes to update to the referenced
industry standard. DOE believes that this change maintains consistency
in labeling motors for efficiency, will eliminate confusion over
labeling requirements in 10 CFR 431.31(a)(2), and not be unduly
burdensome to manufacturers or private labelers.
---------------------------------------------------------------------------

\7\ DOE notes that the only difference between paragraph 12.58.2
in the 1993 and 2006 editions of NEMA MG1 is the absence of Design E
motors in the 2006 edition. Because EPCA does not cover NEMA Design
E motors, this change has no impact on manufacturers of covered
motors or this rulemaking.
---------------------------------------------------------------------------

F. Policy Statement on Covered Electric Motors

Appendix A to subpart B of 10 CFR Part 431 contains a ``Policy
Statement for Electric Motors Covered Under the Energy Policy and
Conservation Act,'' (Policy Statement) which clarifies the scope of
electric motors covered under EPCA. The Policy Statement provides
interpretation and guidance as to which types of motors are covered
under EPCA, explains how DOE would apply the EPCA definitions that
relate to motors, and how DOE would apply energy conservation standards
to electric motors that are components in certain equipment.
For the reasons expressed below, DOE proposes to delete the
contents of appendix A to subpart B, and replace the existing policy
statement with the term ``[Reserved].'' DOE proposes this revision to
accommodate the changes to section 340(13)(A) of EPCA, as amended by
EISA 2007, and to maintain the outline structure of this subpart should
DOE decide in the future to clarify by rule the scope of covered
electric motors.
The amendments in section 313 of EISA 2007 affected the
interpretative guidance provided by 10 CFR Part 431, subpart B,
appendix A in two ways by (1) covering certain motors that were not
previously covered and (2) striking the definition of ``electric
motor.'' EISA 2007 extended the upper limit for electric motors from
200 hp to 500 hp and broadened the scope to potentially cover a variety
of motors that were not previously covered. Consequently, any policy
statement, clarification, or interpretive guidance about what
constitutes an ``electric motor,'' as defined under new section 340(13)
of EPCA, as amended by EISA 2007, will require careful examination of
other provisions in EISA 2007, related provisions in EPCA, and
potential references to NEMA Standards Publication MG1-2006 with
Revision 1 (2007). DOE understands that 10 CFR Part 431, subpart B,
appendix A was written to eliminate confusion and provide manufacturers
some guidance as to what motors were considered ``electric motors'' and
therefore subject to energy efficiency regulations. EISA 2007 made
changes by deleting the definition of ``electric motor'' and replacing
it with the definitions of ``general purpose electric motor (subtype
I),'' ``general purpose electric motor (subtype II)'' and setting forth
efficiency standards for ``fire pump motors'' and ``NEMA Design B,
general purpose electric motors.''
Second, as discussed above, section 313(a)(2) of EISA 2007 deleted
the definition of the term ``electric motor'' from section 340(13)(A)
of EPCA (42 U.S.C. 6311(13)(A)), removing much of the basis for the
interpretive guidance in appendix A to subpart B. Therefore, DOE no
longer believes that retaining appendix A to subpart B of 10 CFR Part
431 is warranted, and deleting appendix A is necessary to avoid
confusion. Furthermore, as discussed earlier, DOE plans to delete the
term ``electric motor'' and its definition in 10 CFR 431.12 as part of
a technical amendment final rule that will codify the EISA 2007
standards and directives, including those for electric motors.

G. Updates to the Electric Motor Test Method for Measuring Efficiency

Section 343(a)(5)(A) of EPCA requires that the test procedures for
electric motors shall be the test procedures specified in NEMA MG1-1987
and IEEE Standard 112 Test Method B for motor efficiency, as in effect
on the date of the enactment of the EPACT 1992 amendments (42 U.S.C.
6314(a)(5)(A)). Section 343(a)(5)(B) of EPCA (42 U.S.C. 6314(a)(5)(B))
states that if the test procedures in NEMA MG1 and IEEE Standard 112
are amended, the Secretary of Energy is required to revise the
regulatory test procedures for electric motors to conform to such
amendments, unless the Secretary determines by rule, supported by clear
and convincing evidence, that to do so would not meet the requirements
for test procedures described in sections 343(a)(2) and (3) of EPCA.
NEMA MG1 was most recently revised and published as NEMA MG1-2006
Revision 1 and IEEE Standard 112-1996 was revised and is now IEEE
Standard 112-2004. Similarly CSA Standard C390-93 was revised and is
now CAN/CSA Standard C390-98 (R2005). DOE believes the revised test
procedures are consistent with the intent of EPCA section 343(a)(2) in
that they are designed to produce test results which reflect energy
efficiency, energy use, and estimated operating costs during a
representative average use cycle, and are not unduly burdensome

[[Page 78229]]

to conduct. Moreover, each one is an update of the test procedures
already incorporated into 10 CFR 431.17 and is consistent with current
industry practice. Therefore, in today's notice, DOE proposes to
prescribe test procedures based on NEMA MG1-2006 with Revision 1, IEEE
Standard 112-2004 Test Method B, and CAN/CSA Standard C390-98 (R2005)
Test Method (1).
DOE proposes to update the test procedures for electric motors
which are incorporated by reference in 10 CFR Part 431, subpart B,
appendix B, namely, NEMA MG1-1993, IEEE Standard 112-1996, with the
exceptions listed in appendix B to subpart B, section 2.(2)(i) through
(ix) but including the correction to the calculation at item (28) in
section 10.2 Form B-Test Method B issued by IEEE on January 20, 1998,
and CSA Standard C390-93 Test Method (1). All three standards documents
have been updated and DOE proposes to update the incorporations by
reference in appendix B to subpart B to be consistent and eliminate
confusion over which test procedures to use for compliance with the
EPCA efficiency standards. DOE has concluded that the proposed
revisions will not change or bias the energy efficiency value of an
electric motor, whether measured according to the old or current
procedures. For the reasons previously noted, these proposed revisions
would not increase the burden on manufacturers.
1. References to National Electrical Manufacturers Association Standard
MG1
DOE proposes to update the opening statement in 10 CFR Part 431,
subpart B, appendix B, section 2, to incorporate by reference
``paragraph 12.58.1'' of NEMA MG1-2006, which now extends the upper
horsepower limit of covered motors from 400 to 500 hp. DOE believes
that extending the horsepower range to 500 hp is appropriate because it
is consistent with industry practice, the IEEE and CSA test procedures
referenced in today's NOPR apply to motors with up to 500 hp, and NEMA
Design B general purpose electric motors with ratings of up to 500 hp
are now covered under EPCA through EISA 2007 section 313(b)(1)(B).
DOE compared the 1993 and 2006 versions of NEMA MG1 and concluded
that the procedures and requirements under MG1-12.58.1 are the same in
both documents. Therefore, DOE believes that the proposed update to the
opening statement in section 2 of appendix B, will not impact the
measurement of efficiency of an electric motor. Further, DOE believes
that because this update is consistent with current industry practice,
it will not be unduly burdensome or otherwise have any adverse impact
on manufacturers.
2. References to CAN/Canadian Standards Association Standard C390
DOE proposes to update the reference to CSA Standard C390-93 Test
Method (1) in 10 CFR Part 431, subpart B, appendix B, section 2, to the
current version--CAN/CSA Standard C390-98 (R2005).
DOE performed a paragraph-by-paragraph, side-by-side examination of
the methodologies and measurements used both in the CSA Standard C390
Test Method (1) 1993 and CAN/CSA Standard C390-98 (R2005) Test Method
(1). DOE concluded that there were no substantive changes that would
affect the measurements, accuracy, or determination of energy
efficiency. Instead, DOE found only minor editorial rephrasing of
sentences or slight changes in wording for clarification. DOE did not
find any revisions to the procedural steps, test methodologies,
accuracy requirements, or equations used in determining the energy
efficiency of a motor. Upon completing its examination, DOE concluded
that Test Method (1) in CAN/CSA Standard C390-98 (R2005), ``Energy
Efficiency Test Methods for Three-Phase Induction Motors,'' prescribes
the same test as CSA Standard C390-93, and use of either would result
in the same measured efficiency. Therefore, DOE proposes to update 10
CFR Part 431, subpart B, appendix B, section 2, and incorporate by
reference CAN/CSA Standard C390-98 (R2005) Test Method (1). DOE
believes that this update will eliminate any confusion over which test
procedure to use when testing electric motors for energy efficiency,
and that it will not otherwise be unduly burdensome to manufacturers.
Instead, this update is consistent with current industry practice.
Nevertheless, DOE invites interested parties to comment on any
potential impact that may result from this proposed update.
3. References to Institute of Electrical and Electronics Engineers
Standard 112
DOE proposes to update the reference to IEEE Standard 112-1996 in
10 CFR Part 431, subpart B, appendix B, section 2, to the current
version of IEEE-112, issued in 2004. As with CAN/CSA Standard C390-98
(R2005) Test Method (1) above, DOE conducted a paragraph-by-paragraph,
side-by-side examination of IEEE Standard 112-1996 and the procedural
corrections set forth in section 2, paragraph (2) and IEEE Standard
112-2004. DOE found that some of the procedural corrections to the 1996
edition contained in paragraph (2) had already been incorporated into
the 2004 edition, while other provisions or requirements prescribed in
paragraph (2) had not. Notwithstanding, DOE proposes to retain some of
the procedural corrections that are currently set forth in 10 CFR Part
431, subpart B, appendix B, section 2, in the manner addressed below.
First, section 2, paragraph (2)(i) addresses the manner in which to
determine the specified temperature used in making resistance
corrections and references section 5.1.1 of IEEE Standard 112-1996.
Section 5.1.1 of IEEE Standard 112-1996 reads, in part, ``The specified
temperature shall be determined by one of the following, which are
listed in order of preference.'' Section 2 paragraph (2)(i) of appendix
B revised the referenced IEEE sentence to read, ``The specified
temperature used in making resistance corrections should be determined
by one of the following (Test Method B only allows the use of (a) or
(b)), which are listed in order of preference.'' When comparing IEEE
Standard 112-1996 with IEEE Standard 112-2004, DOE found that the
sentence had been moved to subclause 3.3.2 of IEEE Standard 112-2004
and is now identical to section 2 paragraph (2)(i) of appendix B.
Therefore, DOE proposes to revise paragraph 2(i) to refer to subclause
3.3.2 of IEEE Standard 112-2004.
Second, section 2 paragraphs (2)(ii), (iii), and (iv) concern no-
load testing, termination of testing, and a modification to ``Form B-
Method B,'' respectively. During its examination of IEEE Standard 112-
2004, DOE found that all three paragraphs in paragraphs (2)(ii)-(iv)
had been incorporated into IEEE Standard 112-2004. Consequently, the
three provisions are no longer required as an explicit part of appendix
B but can be incorporated by reference to the applicable provisions of
IEEE Standard 112-2004. Accordingly, DOE proposes to delete them from
appendix B and instead to reference them as part of current IEEE
Standard 112-2004 for the following reasons:
(1) Section 2, paragraph (2)(ii), which concerns no-load testing,
is no longer required as an explicit correction to IEEE Standard 112-
1996, because IEEE Standard 112-2004 now sets forth the same
requirements for no-load testing in section 6.4.1.4 with cross
references to sections 5.5 and 5.5.1.\8\ While some of

[[Page 78230]]

the referenced section numbers have changed, the requirements remain
the same. Therefore, DOE proposes to delete this correction and
incorporate by reference the applicable provision in IEEE Standard 112-
2004.
---------------------------------------------------------------------------

\8\ The correction in the IEEE Standard 112-1996 applied to
subclause 6.4.1.3 on page 17 of the standard, and required the
cross-referencing of sections 5.3 and 5.3.3 in the standard for the
approach testing technicians should follow when separating core loss
from friction and windage loss. The updated section numbers in IEEE
standard 112-2004 are 6.4.1.4, 5.5, and 5.5.1, respectively.
---------------------------------------------------------------------------

(2) Section 2, paragraph (2)(iii), which concerns termination of
the temperature test, is no longer required because of modifications to
IEEE Standard 112-1996, which are now part of IEEE Standard 112-2004.
In particular, section 5.8.4.4 of IEEE Standard 112-2004, reads: ``For
continuous rated machines, the temperature test shall continue until
there is a 1 [deg]C or less change in temperature rise above the
ambient temperature over a 30-minute period.'' DOE proposes to delete
the correction and instead, incorporate by reference the applicable
provisions in IEEE Standard 112-2004.
(3) Section 2, paragraph (2)(iv), which concerns recording the
``temperature for resistance correction'' at the top of section 10.2
``Form B-Method B'' in IEEE Standard 112-1996, is no longer required as
an explicit correction in 10 CFR Part 431. Whereas, section 2 paragraph
(2)(iv) of appendix B reads, in part, ``Temperature for Resistance
Correction (ts) = ---- [deg]C (See 6.4.3.2),'' an industry
modification updated the requirement and incorporated it into section
9.4 ``Form B-Method B'' of IEEE Standard 112-2004, which now reads,
``Total Stator Temperature, ts,---- (7) ---- [deg]C in a 25
[deg]C Ambient.'' In view of the update, DOE proposes to incorporate by
reference the applicable provisions in IEEE Standard 112-2004 into
appendix B.
Third, section 2, paragraph (2)(v) concerns the values for
ts and tt at the bottom of ``Form B-Method B'' in
IEEE Standard 112-1996 and updating the ``1996'' cross-reference from
``subclause 8.3'' to read ``subclause 4.4.1'' in IEEE Standard 112-
2004. Although the methods of determining temperatures (thermometer,
embedded detector, winding resistance, and local temperature detector)
in the 2004 ``subclause 4.4.1'' are presented in a different order from
that in the 1996 ``subclause 8.3,'' both incorporate the same four
methods and relevant cross references. Further, where section 2,
paragraph (2)(v) refers to ``the bottom of 10.2 Form B,'' such
reference should instead refer to ``9.4 Form B-Method B'' in IEEE
Standard 112-2004. Therefore, DOE proposes to incorporate by reference
the above provisions in IEEE Standard 112-2004 into appendix B.
Fourth, section 2 paragraph (2)(vi) concerns a footnote in ``Form
B-Method B'' of IEEE Standard 112-1996 and the value for ``temperature
for resistance correction (ts).'' Section 2, paragraph (2)(vi) provides
explicit guidance about temperature resistance correction in IEEE
Standard 112-1996 and the same provision has been incorporated into
IEEE Standard 112-2004. Therefore, DOE proposes to delete the
correction in section 2 paragraph, (2)(vi) and incorporate by reference
the applicable provision in IEEE Standard 112-2004.
Fifth, similar to the correction discussed above, section 2,
paragraph (2)(vii) concerns the torque constant ``k'' that is defined
both in Newton meters and pound-feet in item (22) of ``Form B-Method
B'' of IEEE Standard 112-1996. This constant was corrected to read
``k2'' in section 2, paragraph (2)(vii) and subsequently
became incorporated into section 5.6.1 of IEEE Standard 112-2004. In
view of the updated definition(s) for torque constant in IEEE Standard
112-2004, DOE proposes to delete this correction from section 2
paragraph(2)(vii).
Sixth, section 2, paragraph (2)(viii) concerns updating cross-
references. Where section 2, paragraph (2)(viii) reads, ``Page 48, at
the end of item (27), the following additional reference applies: `See
6.4.3.2.','' the updated reference is ``Page 62,'' the item number is
``(19),'' and the form is ``9.5 Form B2-Method B Calculations'' in IEEE
Standard 112-2004. DOE proposes to incorporate by reference the above
updates into appendix B.
Seventh, section 2, paragraph (2)(ix) concerns the value of
corrected slip in revolutions per minute on page 48, item (29) of
``Form B-Method B,'' and the applicable cross reference to temperature
correction in section 6.4.3.3 of IEEE Standard 112-1996. DOE proposes
to delete the correction at section 2, paragraph (2)(ix) because the
same correction, including the cross-referenced correction, have been
incorporated into item (36) of ``9.5 Form B2-Method B'' of IEEE
Standard 112-2004.
In sum, after examination and comparison of IEEE Standard 112-1996
and IEEE Standard 112-2004, DOE concluded that the majority of the
corrections were incorporated or addressed in the updated IEEE Standard
112-2004. These changes make several corrections that are currently in
paragraph (2) unnecessary and DOE is proposing to remove them. Those
corrections that DOE is proposing to retain will have their references
updated. In this way, DOE intends to retain the same accuracy, test
methodology, and clarification as intended under appendix B to subpart
B of 10 CFR Part 431. Moreover, DOE believes that, in all the above
updates from IEEE Standard 112-1996 to IEEE Standard 112-2004, there
will be no change in the measured energy efficiency of an electric
motor. DOE believes that the updates are consistent with current
industry practice, will eliminate confusion, and will not be unduly
burdensome to manufacturers.

IV. Public Participation

A. Attendance at Public Meeting

The time, date, and location of the public meeting are listed in
the DATES and ADDRESSES sections at the beginning of this NOPR. To
attend the public meeting, please notify Ms. Brenda Edwards at (202)
586-2945. As explained in the ADDRESSES section, foreign nationals
visiting DOE Headquarters are subject to advance security screening
procedures.

B. Procedure for Submitting Requests to Speak

Any person who has an interest in the topics addressed in this
notice, or who is a representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the public meeting. Such persons may hand deliver
requests to speak to the address shown in the ADDRESSES section at the
beginning of this notice between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Requests may also be sent by mail or
e-mail to: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, 6th Floor, 950 L'Enfant Plaza, SW., Washington,
DC 20024, or Brenda.Edwards@ee.doe.gov. Persons who wish to speak
should include in their request a computer diskette or compact disc in
WordPerfect, Microsoft Word, portable document format (PDF), or
American Standard Code for Information Interchange (ASCII) text file
format that briefly describes the nature of their interest in this
rulemaking and the topics they wish to discuss. This person should also
provide a daytime telephone number where he or she can be reached. DOE
requests that those persons who are scheduled to speak submit a copy of
their statements at least two weeks prior to the public meeting. DOE
may permit any person who cannot supply an advance copy of this
statement to participate if that person has made alternative
arrangements with the Building

[[Page 78231]]

Technologies Program in advance. When necessary, the request to give an
oral presentation should ask for such alternative arrangements.

C. Conduct of Public Meeting

DOE will designate a DOE official to preside at the public meeting
and may also employ a professional facilitator to aid discussion. The
public meeting will be conducted in an informal conference style. The
meeting will not be a judicial or evidentiary public hearing, but DOE
will conduct it in accordance with 5 U.S.C. 553 and section 336 of EPCA
(42 U.S.C. 6306). There shall be no discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. antitrust laws.
DOE reserves the right to schedule the order of presentations and
to establish the procedures governing the conduct of the public
meeting. A court reporter will record the proceedings and prepare a
transcript.
At the public meeting, DOE will provide an opportunity for
interested parties to present summaries of any comments they submitted
to DOE before the public meeting, and encourage all interested parties
to share their views on issues affecting this rulemaking. Each
participant may present a prepared general statement (within time
limits determined by DOE) before the discussion of particular topics.
Participants may comment on any general statements. After the
completion of all prepared statements, participants may clarify their
statements and comment on statements made by others. Participants
should be prepared to answer questions from DOE and other participants.
DOE representatives may also ask questions about other matters relevant
to this rulemaking. The official conducting the public meeting will
accept additional comments or questions from those attending as time
permits. The presiding official will announce any further procedural
rules or modification of procedures needed for the proper conduct of
the public meeting.
DOE will make the entire record of this proposed rulemaking,
including the transcript from the public meeting, available for
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024, (202) 586-9127, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Anyone may
purchase a copy of the transcript from the transcribing reporter.

D. Submission of Comments

DOE will accept comments, data, and information regarding this
notice, the proceeding of the public meeting, or any aspect of the
rulemaking no later than the date provided at the beginning of this
notice. Comments, data, and information submitted to DOE's e-mail
address for this rulemaking should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Interested parties
should avoid the use of special characters or any form of encryption,
and wherever possible, comments should include the electronic signature
of the author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting a
signed original paper document to the address provided at the beginning
of this notice. Comments, data, and information submitted to DOE by
mail or hand delivery/courier should include one signed original paper
copy. No telefacsimiles (faxes) will be accepted.
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 two copies: One copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination as to 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 or available from public 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) a date after which such information might no
longer be considered confidential, and (7) why disclosure of the
information would be contrary to the public interest.
After the public meeting and the expiration of the period for
submission of written statements, DOE will begin conducting the
analyses as discussed at the public meeting and reviewing the comments
received.

E. Issues on Which the Department of Energy Seeks Comment

Comments are welcome on all aspects of this rulemaking. However,
DOE is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. Test Procedure for Small Electric Motors
DOE invites comment on its proposed test procedure for small
electric motors, which is based on IEEE Standard 114-2001 and IEEE
Standard 112-2004. See section III.A for details.
2. Alternative Test Procedure for Small Electric Motors
DOE invites comment on its proposal whether to allow a manufacturer
to use the CAN/CSA Standard C747-94 as an alternative to the IEEE
Standards 112 and 114. DOE may reserve the option of promulgating CAN/
CSA Standard C747-94 in the final rule of this test procedure, based on
stakeholder comment. See section III.A for details.
3. Alternative Efficiency Determination Method for Small Electric
Motors
DOE invites comment on the proposed use of an AEDM for small
electric motors, including the requirements for a manufacturer to
substantiate its AEDM, the number of basic models and units to be
tested, and the accuracy of the predictive capabilities of the AEDM
relative to actual testing. See section III.A.3 for details.
4. Definition of ``Electric Motor''
DOE invites comments on its proposed definition of ``electric
motor,'' which brings together the four types of electric motors now
covered under EPCA: ``general purpose electric motors (subtype I);''
``fire pump motors;'' ``general purpose electric motors (subtype II);''
and ``NEMA Design B, general purpose electric motors.'' DOE's proposed
definition is intended to clarify that all four types of electric motor
are covered and could be subject to the updated test procedure proposed
in today's notice. See section III.B.2 for details.
5. Definition of ``Fire Pump Motor''
DOE invites comment on its proposed definition of a fire pump
motor, which is based on the UL-1004A scope of applicability statement,
with a few modifications. One of these changes is to define a fire pump
motor as having an upper limit of 200 hp. See section III.B.2 for
details.

[[Page 78232]]

6. Definition of ``NEMA Design B, General Purpose Electric Motor''
DOE invites comment on its proposed definition of ``NEMA Design B,
general purpose electric motor,'' which makes minor modifications to
the NEMA Standards Publication MG1-2006 definition--namely, eliminating
the 50 Hertz provision and not specifying the percentage slip at rated
load for motors with 10 or more poles. See section III.B.2 for details.
7. Updates to Electric Motor Test Procedure
DOE invites comment on its proposed updates to the industry
citations contained in the proposed test procedure for electric motors
(i.e., updating the procedure to NEMA Standard MG1-2006, IEEE Standard
112-2004, and CAN/CSA Standard C390-98(R2005). See sections III.C
through III.G for details.

V. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

This proposed rule is not a ``significant regulatory action'' under
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and
Review.'' 58 FR 51735 (October 4, 1993). Accordingly, OMB did not
review this document.

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will have no
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
impacts. Also, as required by Executive Order 13272, ``Proper
Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461
(August 16, 2002), DOE published procedures and policies on February
19, 2003, to ensure that the potential impacts of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's Web site at: http://www.gc.doe.gov.
EPCA, as amended by the Energy Policy Act of 1992 (EPACT 1992),
establishes energy conservation standards and test procedures for
commercial and industrial electric motors. (42 U.S.C. 6291-6317).
Whereas EPCA section 343(a)(5)(A), 42 U.S.C. 6314(a)(5)(A), requires
that testing procedures for motor efficiency shall be the test
procedures in NEMA Standards Publication MG1 and the IEEE Standard 112
Test Method B for motor efficiency, as in effect on October 24, 1992,
DOE prescribed such test procedures at 64 FR 54114 (October 5, 1999).
In today's NOPR, DOE proposes to update the test procedures to be
consistent with the most current industry test procedures. In addition,
EPCA, as amended by EISA 2007, expanded the scope of covered electric
motors by prescribing energy conservation standards for ``general
purpose electric motors (subtype I);'' ``fire pump motors;'' ``general
purpose electric motors (subtype II);'' and ``NEMA Design B, general
purpose electric motors'' with a power rating of more than 200 hp, but
not greater than 500 hp. In today's NOPR, DOE is proposing that its
test procedures in appendix B to subpart B of Part 431 be applicable to
all four of these types of electric motors.
In addition, EPCA, as amended, directs the Secretary of Energy to
prescribe testing requirements and energy conservation standards for
those small electric motors for which the Secretary determines that
standards ``would be technologically feasible and economically
justified, and would result in significant energy savings.'' (42 U.S.C.
6317(b)(1)). The Secretary issued a positive determination for certain
small electric motors on July 10, 2006. 71 FR 38799. In today's NOPR,
DOE proposes a test procedure that a manufacturer would use to test and
rate the energy efficiency of its small electric motors.
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. The proposed rule contains two parts that warrant
discussion: Updates to the existing electric motor test procedures in
10 CFR Part 431, subpart B, appendix B and the proposed new test
procedures for small electric motors.
DOE examined whether the existing compliance costs already borne by
manufacturers based on the proposed revisions to 10 CFR Part 431,
subpart B, appendix B for electric motors would change in any way due
to today's NOPR. DOE is not imposing any additional testing
requirements or higher accuracy tolerances beyond what is already
contained in the updated industry standards documents incorporated by
reference (i.e., IEEE Standard 112-2004 Test Method B, and CAN/CSA
Standard C390-98(R2005) Test Method (1)). Similarly, for small electric
motors, DOE is not imposing any additional testing requirements or
higher accuracy tolerances beyond what is already contained in the
industry standards documents incorporated by reference for this
equipment (i.e., IEEE Standard 114-2001, IEEE Standard 112-2004, and
CSA Standard C747-94). Because the Department is proposing to adopt
those requirements that the industry already follows, DOE does not find
that the revisions proposed in this document would result in any
significant increase in testing or compliance costs, or otherwise be
unduly burdensome.
Moreover, as DOE developed the proposed revisions to the current
test procedures, it sought to make them consistent with current
industry test procedures and methodologies, and thereby eliminate
confusion and any undue burden from determining the efficiency of an
electric motor according to two separate test procedures for
potentially the same result. DOE addresses this matter in today's NOPR.
After taking these circumstances into account, DOE believes that this
rulemaking would not impose a significant impact on a substantial
number of small businesses that manufacture electric motors.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
the proposed revisions to 10 CFR Part 431, subpart B, appendix B in
today's proposed rule.
In view of these circumstances, a Regulatory Flexibility Act
analysis is not required for the test procedure being proposed today.
The Department's certification and supporting statement for the factual
basis will be provided to the Chief Counsel for Advocacy of the Small
Business Administration pursuant to the requirements of 5 U.S.C.
605(b).

C. Review Under the Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3500 et seq.),
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In today's NOPR, DOE proposes test procedures and associated
documentation retention and reporting requirements for small electric
motors. Unless DOE requires manufacturers of small electric motors to
comply with energy conservation standards, however, a manufacturer
would not be required to comply with

[[Page 78233]]

these record-keeping provisions because of the absence of
certification/compliance requirements applicable to the proposed test
procedures. Therefore, for small electric motors, today's notice of
proposed rulemaking would not impose any new reporting requirements
requiring approval by OMB under the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
DOE is not proposing any additional reporting and/or record-keeping
requirements for 1-200 hp electric motors beyond those that are already
in place in 10 CFR 431.17(a)(4)(ii), 431.36, 431.382(a)(3), and
431.385(a)(4). Therefore, today's NOPR would not impose any new or
additional reporting requirements requiring clearance under the
Paperwork Reduction Act for this group of motors.
EISA 2007 amended EPCA to establish energy conservation standards
for 201-500 hp electric motors and other newly covered motors. When
these standards take effect on December 19, 2010, manufacturers will be
required to comply with the record-keeping provisions in today's
proposed rule. As a result, this notice contains certain record-keeping
requirements that must be approved by OMB, pursuant to the Paperwork
Reduction Act, before manufacturers can be required to comply with
them. In particular, section 431.17 would require a manufacturer of a
covered motor to keep and maintain records about its alternative
efficiency determination methods and make them available to DOE for
inspection. Pursuant to the Paperwork Reduction Act, DOE will issue a
subsequent public notice seeking comments on the record-keeping
requirements in today's proposed rule. Thereafter, and in view of any
comments received, DOE will submit the proposed collection of
information to OMB for approval, pursuant to 44 U.S.C. 3507.

D. Review Under the National Environmental Policy Act

In this notice, DOE proposes new and amended test procedures that
are used to measure and determine the energy efficiency of certain
types of electric motors. This proposed rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969, (NEPA) 42 U.S.C. 4321 et seq., and
DOE's implementing regulations at 10 CFR Part 1021. In particular,
today's proposed rule is covered by Categorical Exclusion A5, for
rulemakings that interpret or amend an existing rule without changing
the environmental effect, as set forth in DOE's NEPA regulations in
appendix A to subpart D of 10 CFR Part 1021. Today's proposed rule will
not affect the amount, quality, or distribution of energy usage, and,
therefore, will not result in any environmental impacts. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in developing
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in developing
such regulations. 65 FR 13735. DOE examined this proposed rule and
determined that it does not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Accordingly, Executive Order 13132
requires no further action.

F. Review Under Executive Order 12988

With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, and (3) provide a clear legal standard for
affected conduct rather than a general standard and promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires, among other things, that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any; (2) clearly specifies
any effect on existing Federal law or regulation; (3) provides a clear
legal standard for affected; (4) specifies the retroactive effect, if
any; (5) adequately defines key terms; and (6) addresses other
important issues affecting clarity and general draftsmanship under any
guidelines issued by the Attorney General. Section 3(c) of Executive
Order 12988 requires Executive agencies to review regulations in light
of applicable standards in sections 3(a) and 3(b) to determine whether
they are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this rulemaking meets the relevant standards of
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, codified at 2 U.S.C. 1501 et seq.) generally requires Federal
agencies to examine closely the impacts of regulatory actions on State,
local, or tribal governments. Subsection 101(5) of title I of that law
defines a Federal intergovernmental mandate to include a regulation
that would impose upon State, local, or tribal governments an
enforceable duty, except a condition of Federal assistance or a duty
arising from participating in a voluntary Federal program. Title II of
that law requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and tribal governments, in the
aggregate, or the private sector, other than to the extent such actions
merely incorporate requirements specifically set forth in a statute.
Section 202 of the title requires a Federal agency to perform a
detailed assessment of the anticipated costs and benefits of any rule
that includes a Federal mandate that may result in costs to State,
local, or tribal governments or the private sector of $100 million or
more in any one year (adjusted annually for inflation). (2 U.S.C.
1532(a) and (b)) Section 204 of that title requires each agency that
proposed a rule containing a significant Federal intergovernmental
mandate to develop an effective process for obtaining meaningful and
timely input by elected officers of State, local, and Tribal
governments. (2 U.S.C. 1534) On March 18, 1997, DOE published a
statement of policy on its process for intergovernmental consultation
under UMRA (62 FR 12820) (also available at http://www.gc.doe.gov).
Today's proposed rule would establish new and amended test procedures
that would be used in measuring the energy efficiency of electric
motors. The proposed rule would not result in the expenditure of $100
million or more in any year. Accordingly, no assessment or analysis is
required under the UMRA.

[[Page 78234]]

H. Review Under the Treasury and General Government Appropriations Act,
1999

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's proposed rule to amend DOE test procedures would not have any
impact on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is unnecessary to prepare a
Family Policymaking Assessment.

I. Review Under Executive Order 12630

Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 18, 1988), DOE has determined that this rule would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act,
2001

Section 515 of the Treasury and General Government Appropriations
Act, 2001 (Pub. L. 106-554, codified at 44 U.S.C. 3516 note) provides
for agencies to review most disseminations of information to the public
under information quality guidelines established by each agency under
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67
FR 62446 (October 7, 2002). DOE has reviewed today's proposed rule
under the OMB and DOE guidelines and has concluded that it is
consistent with applicable policies in those guidelines.

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated a final rule or is expected to lead to
promulgation of a final rule, and that (1) is a significant regulatory
action under Executive Order 12866, or any successor order; and (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and reasonable alternatives to the action and
their expected benefits on energy supply, distribution, and use.
Because this rulemaking is not expected to be a significant regulatory
action under E.O. 12866; would not have a significant adverse effect on
the supply, distribution, or use of energy; and has not been designated
a significant energy action by the Administrator of OIRA, DOE has
determined that this rule is not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects for
this rulemaking.

L. Review Under Section 32 of the Federal Energy Administration Act of
1974

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91), DOE must comply with section 32 of the Federal Energy
Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal
Energy Administration Authorization Act of 1977 (Pub. L. 95-70). 15
U.S.C. 788. Section 32 provides that where a proposed rule authorizes
or requires use of commercial standards, the NOPR must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Department of Justice
(DOJ) and the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition.
The rule proposed in this notice incorporates testing methods
contained in the following commercial standards: (1) IEEE Standard 112-
2004, (2) IEEE Standard 114-2001, (3) CAN/CSA Standard C390-98(R2005),
and (4) CAN/CSA Standard C747-94. DOE has evaluated these revised
standards and is unable to conclude whether they fully comply with the
requirements of section 32(b) of the Federal Energy Administration Act,
(i.e., that they were developed in a manner that fully provides for
public participation, comment, and review). DOE will consult with the
Attorney General and the Chairman of the FTC about the impact of these
test procedures on competition.

VI. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this proposed
rule.

List of Subjects in 10 CFR Part 431

Administrative practice and procedure, Energy conservation,
Reporting and recordkeeping requirements.

Issued in Washington, DC, on December 11, 2008.
David E. Rodgers,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development Energy Efficiency and Renewable Energy.

For the reasons stated in the preamble, DOE proposes to amend 10
CFR part 431 as set forth below.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT

1. The authority citation for part 431 continues to read as
follows:

Authority: 42 U.S.C. 6291-6317.

2. Section 431.2 of subpart A is amended by revising the
definitions of ``Act'', ``Covered equipment'' and ``EPCA'' to read as
follows:

Sec. 431.2 Definitions.

* * * * *
Act means the Energy Policy and Conservation Act of 1975, as
amended, 42 U.S.C. 6291-6317.
* * * * *
Covered equipment means any electric motor, as defined in Sec.
431.12; commercial heating, ventilating, and air conditioning, and
water heating product (HVAC & WH product), as defined in Sec. 431.172;
commercial refrigerator, freezer, or refrigerator-freezer, as defined
in Sec. 431.62; automatic commercial ice maker, as defined in Sec.
431.132; commercial clothes washer, as defined in Sec. 431.152;
distribution transformer, as defined in Sec. 431.192; illuminated exit
sign, as defined in Sec. 431.202; traffic signal module or pedestrian
module, as defined in Sec. 431.222; unit heater, as defined in Sec.
431.242; commercial prerinse spray valve, as defined in Sec. 431.262;
mercury vapor lamp ballast, as defined in Sec. 431.282; refrigerated
bottled or canned beverage vending machine, as defined in Sec.
431.292; metal halide ballast, as defined in Sec. 431.322; or small
electric motor, as defined in Sec. 431.342.
* * * * *
EPCA means the Energy Policy and Conservation Act, as amended, 42
U.S.C. 6291-6317.
* * * * *
3. Section 431.12 of subpart B is amended by:
a. Revising the introductory text;
b. Revising the definitions of ``Accreditation,'' ``Basic model,''

[[Page 78235]]

``General purpose motor,'' ``General purpose electric motor (subtype
I),'' and ``Nominal full load efficiency''; and
c. Adding in alphabetical order, new definitions for ``Electric
motor'', ``Fire pump motor'' and ``NEMA Design B, general purpose
electric motor''.
The revisions and additions read as follows:

Sec. 431.12 Definitions.

The following definitions apply for purposes of this subpart, and
of subparts U through W of this part. Any words or terms not defined in
this section or elsewhere in this part shall be defined as provided in
section 340 of the Act.
Accreditation means recognition by an accreditation body that a
laboratory is competent to test the efficiency of electric motors
according to the scope and procedures given in Test Method B of
Institute of Electrical and Electronics Engineers (IEEE) Standard 112-
2004, Test Procedure for Polyphase Induction Motors and Generators, and
Test Method (1) of Canadian Standards Association (CAN/CSA) Standard
C390-98(R2005), Energy Efficiency Test Methods for Three-Phase
Induction Motors. (Incorporated by reference, see Sec. 431.15)
* * * * *
Basic model means, with respect to an electric motor, all units of
a given type of electric motor (or class thereof) manufactured by a
single manufacturer, and which have the same rating, have electrical
characteristics that are essentially identical, and do not have any
differing physical or functional characteristics which affect energy
consumption or efficiency. For the purpose of this definition,
``rating'' means a combination of an electric motor's horsepower (or
standard kilowatt equivalent), number of poles, and open or enclosed
construction, with respect to which Sec. 431.25 prescribes nominal
full load efficiency standards.
* * * * *
Electric motor means any of the following four types of motors: A
general purpose electric motor (subtype I), a fire pump motor, a
general purpose electric motor (subtype II), or a NEMA Design B general
purpose electric motor.
* * * * *
Fire pump motor means a Design B polyphase motor, as defined in
NEMA MG1-2006, rated 500 horsepower (373 kW) or less, 600 volts or
less, and that is intended for use in accordance with the National Fire
Protection Association (NFPA) Standard 20-2007, ``Standard for the
Installation of Stationary Pumps for Fire Protection.''
General purpose motor means any motor which is designed in standard
ratings with either:
(1) Standard operating characteristics and standard mechanical
construction for use under usual service conditions, such as those
specified in NEMA Standards Publication MG1-2006, paragraph 14.2,
``Usual Service Conditions,'' (incorporated by reference, see Sec.
431.15) and without restriction to a particular application or type of
application; or
(2) Standard operating characteristics or standard mechanical
construction for use under unusual service conditions, such as those
specified in NEMA Standards Publication MG1-2006, paragraph 14.3,
``Unusual Service Conditions,'' (incorporated by reference, see Sec.
431.15) or for a particular type of application, and which can be used
in most general purpose applications.
General purpose electric motor (subtype I) means any motor which is
designed in standard ratings with either:
(1) Standard operating characteristics and standard mechanical
construction for use under usual service conditions, such as those
specified NEMA Standards Publication MG1-2006 Rev. 1, paragraph 14.2,
``Usual Service Conditions,'' (incorporated by reference, see Sec.
431.15) and without restriction to a particular application or type of
application; or
(2) Standard operating characteristics or standard mechanical
construction for use under unusual service conditions, such as those
specified in NEMA Standards Publication MG1-2006 Rev. 1, paragraph
14.3, ``Unusual Service Conditions,'' (incorporated by reference, see
Sec. 431.15) or for a particular type of application, and which can be
used in most general purpose applications.
* * * * *
NEMA Design B, general purpose electric motor means a squirrel-cage
motor designed to withstand full-voltage starting, developing locked-
rotor, breakdown, and pull-up torques adequate for general application
as specified in sections 12.38, 12.39 and 12.40, respectively, of NEMA
Standards Publication MG1-2006, drawing locked-rotor current not to
exceed the values shown in MG1-12.35.1 for 60 hertz motors, and having
a slip at rated load of less than 5 percent for motors with fewer than
10 poles.
Nominal full load efficiency means, with respect to an electric
motor, a representative value of efficiency selected from the ``Nominal
Efficiency'' column of Table 12-10, NEMA Standards Publication MG1-2006
Rev. 1, (Incorporated by reference, see Sec. 431.15), that is not
greater than the average full load efficiency of a population of motors
of the same design.
* * * * *
4. Section 431.15 is amended by revising paragraphs (b), (c), (d),
and (e) to read as follows:

Sec. 431.15 Materials incorporated by reference.

* * * * *
(b) List of standards incorporated by reference. (1) The following
provisions of National Electrical Manufacturers Association Standards
Publication MG1-2006, Motors and Generators, with Revision 1, IBR
approved for Sec. Sec. 431.12; 431.31 and appendix B to subpart B of
part 431:
(i) Section II, Small (Fractional) and Medium (Integral) Machines,
Part 12, Tests and Performance--AC and DC Motors, paragraphs 12.58.1
and 12.58.2, and Table 12-10, IBR approved for Sec. 431.12; and
(ii) Section II, Small (Fractional) and Medium (Integral) Machines,
Part 14, Application Data--AC and DC Small and Medium Machines,
paragraphs 14.2 and 14.3, IBR approved for Sec. 431.12.
(2) Institute of Electrical and Electronics Engineers, Inc.,
Standard 112-2004, IEEE Standard Test Procedure for Polyphase Induction
Motors and Generators, Test Method B, Input-Output with Loss
Segregation, IBR approved for Sec. Sec. 431.12; 431.19; 431.20;
appendix B to subpart B of part 431.
(3) Canadian Standards Association (CAN/CSA) Standard C390-
98(R2005), Energy Efficiency Test Methods for Three-Phase Induction
Motors, Test Method (1), Input-Output Method With Indirect Measurement
of the Stray-Load Loss and Direct Measurement of the Stator Winding
(I\2\R), Rotor Winding (I\2\R), Core, and Windage-Friction Losses, IBR
approved for Sec. Sec. 431.12; 431.19; 431.20; appendix B to subpart B
of part 431.
(4) International Electrotechnical Commission Standard 60034-1
(2004), Rotating Electrical Machines, Part 1: Rating and performance,
section 3: Duty, clause 3.2.1 and figure 1, IBR approved.
(c) Inspection of standards. The standards incorporated by
reference are available for inspection at:
(1) National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or visit http://www.archives.gov/federal-register/cfr/ibr-locations.html;
(2) U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Hearings and Dockets, ``Test

[[Page 78236]]

Procedures for Electric Motors,'' Docket No. EERE-2008-BT-TP-0008,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC.
(d) Availability of standards. Standards incorporated by reference
may be obtained from the following sources:
(1) Copies of NEMA Standards Publication MG1-2006 with Revision 1
can be obtained from the National Electrical Manufacturers Association,
1300 North 17th Street, Suite 1752, Rosslyn, Virginia 22209, 703-841-
3200, http://www.nema.org/stds/.
(2) Copies of IEEE Standard 112-2004 can be obtained from the
Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane,
P.O. Box 1331, Piscataway, NJ 08855-1331, 1-800-678-IEEE (4333), http://www.ieee.org/web/publications/home/index.html.
(3) Copies of CAN/CSA Standard C390-98(R2005) can be obtained from
the Canadian Standards Association, Sales Department, 5060 Spectrum
Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-463-6727,
or online: http://www.csa-intl.org/onlinestore/welcome.asp.
(e) Reference standards--(1) General. The standards listed in this
paragraph are referred to in the DOE procedures for testing
laboratories, and recognition of accreditation bodies and certification
programs but are not incorporated by reference. These sources are given
here for information and guidance.
(2) List of references. (i) National Voluntary Laboratory
Accreditation (NVLAP) Program Handbooks 150, ``Procedures and General
Requirements,'' February 2006, and 150-10, ``Efficiency of Electric
Motors,'' February 2007. National Voluntary Laboratory Accreditation
Program, National Institute of Standards and Technology, Gaithersburg,
MD 20899.
(ii) ISO/IEC Guide 17025:2005, ``General requirements for the
competence of calibration and testing laboratories.''
(iii) ISO Guide 27:1983, ``Guidelines for corrective action to be
taken by a certification body in the event of either misapplication of
its mark of conformity to a product, or products which bear the mark of
the certification body being found to subject persons or property to
risk.''
(iv) ISO/IEC Guide 28:2004, ``Conformity assessment--Guidance on a
third-party certification system for products.''
(v) ISO/IEC Guide 58, ``Calibration and testing laboratory
accreditation systems--General requirements for operation and
recognition.''
(vi) ISO/IEC Guide 60:2004, ``Conformity assessment--Code of good
practice.''
(vii) ISO/IEC Guide 65:1996, ``General requirements for bodies
operating product certification systems.''
The above international standards are available online from a
variety of sources and may be obtained through the International
Standards Organization at http://www.iso.org, the International
Electrotechnical Commission at http://webstore.iec.ch/, the American
National Standards Institute at http://www.webstore.ansi.org/, or
Global Engineering Documents http://www.global.ihs.com/, as well as
others.
5. In Sec. 431.17, the introductory text is revised to read as
follows:

Sec. 431.17 Determination of efficiency.

When a party determines the energy efficiency of an electric motor
in order to comply with an obligation imposed on it by or pursuant to
Part A-1 of Title III of EPCA, 42 U.S.C. 6311-6317, this section
applies. This section does not apply to enforcement testing conducted
pursuant to Sec. 431.383.
* * * * *
6. In Sec. 431.18, paragraph (b) is revised to read as follows:

Sec. 431.18 Testing laboratories.

* * * * *
(b) NIST/NVLAP is under the auspices of the National Institute of
Standards and Technology (NIST)/National Voluntary Laboratory
Accreditation Program (NVLAP), which is part of the U.S. Department of
Commerce. NIST/NVLAP accreditation is granted on the basis of
conformance with criteria published in 15 CFR 285. The National
Voluntary Laboratory Accreditation Program, Procedures and General
Requirements, NIST Handbook 150-10, February 2007, presents the
technical requirements of the National Voluntary Laboratory
Accreditation Program for the Efficiency of Electric Motors field of
accreditation. This handbook supplements NIST Handbook 150, National
Voluntary Laboratory Accreditation Program Procedures and General
Requirements, which contains 15 CFR 285 plus all general NIST/NVLAP
procedures, criteria, and policies. Changes in NIST/NVLAP's criteria,
procedures, policies, standards or other bases for granting
accreditation, occurring subsequent to the initial effective date of 10
CFR part 431, shall not apply to accreditation under this Part unless
approved in writing by the Department of Energy. Information regarding
NIST/NVLAP and its Efficiency of Electric Motors Program (EEM) can be
obtained from NIST/NVLAP, 100 Bureau Drive, Mail Stop 2140,
Gaithersburg, MD 20899-2140, telephone (301) 975-4016, or fax (301)
926-2884.
7. In Sec. 431.19, paragraphs (b)(4) and (c)(3) and (4) are
revised to read as follows:

Sec. 431.19 Department of Energy recognition of accreditation bodies.

* * * * *
(b) * * *
(4) It must be expert in the content and application of the test
procedures and methodologies in IEEE Standard 112-2004 Test Method B
and CAN/CSA Standard C390-98(R2005) Test Method (1), (incorporated by
reference, see Sec. 431.15) or similar procedures and methodologies
for determining the energy efficiency of electric motors.
(c) * * *
(3) Qualifications to do accrediting. Experience in accrediting
should be discussed and substantiated by supporting documents. Of
particular relevance would be documentary evidence that establishes
experience in the application of guidelines contained in the ISO/IEC
Guide 58, Calibration and testing laboratory accreditation systems--
General requirements for operation and recognition, as well as
experience in overseeing compliance with the guidelines contained in
the ISO/IEC Guide 17025:2005, General requirements for the competence
of calibration and testing laboratories, and ISO/IEC Guide 60:2004,
Conformity assessment--Code of good practice.
(4) Expertise in electric motor test procedures. The petition
should set forth the organization's experience with the test procedures
and methodologies in IEEE Standard 112-2004 Test Method B and CAN/CSA
Standard C390-98(R2005) Test Method (1), (incorporated by reference,
see Sec. 431.15) and with similar procedures and methodologies. This
part of the petition should include description of prior projects,
qualifications of staff members, and the like. Of particular relevance
would be documentary evidence that establishes experience in applying
the guidelines contained in the ISO/IEC Guide 17025:2005, General
requirements for the competence of calibration and testing
laboratories, to energy efficiency testing for electric motors.
* * * * *
8. In Sec. 431.20, paragraphs (b)(4) and (c)(3) and (4) are
revised to read as follows:

[[Page 78237]]

Sec. 431.20 Department of Energy recognition of nationally recognized
certification programs.

* * * * *
(b) * * *
(4) It must be expert in the content and application of the test
procedures and methodologies in IEEE Standard 112-2004 Test Method B
and CAN/CSA Standard C390-98(R2005) Test Method (1), (incorporated by
reference, see Sec. 431.15) or similar procedures and methodologies
for determining the energy efficiency of electric motors.
It must have satisfactory criteria and procedures for the selection
and sampling of electric motors tested for energy efficiency.
(c) * * *
(3) Qualifications to operate a certification system. Experience in
operating a certification system should be discussed and substantiated
by supporting documents. Of particular relevance would be documentary
evidence that establishes experience in the application of guidelines
contained in the ISO/IEC Guide 65:1996, General requirements for bodies
operating product certification systems, ISO/IEC Guide 27:1983,
Guidelines for corrective action to be taken by a certification body in
the event of either misapplication of its mark of conformity to a
product, or products which bear the mark of the certification body
being found to subject persons or property to risk, and ISO/IEC Guide
28:2004, Conformity assessment--Guidance on a third-party certification
system for products, as well as experience in overseeing compliance
with the guidelines contained in the ISO/IEC Guide 17025:2005, General
requirements for the competence of calibration and testing
laboratories, and ISO/IEC Guide 60:2004, Conformity assessment--Code of
good practice.
(4) Expertise in electric motor test procedures. The petition
should set forth the program's experience with the test procedures and
methodologies in IEEE Standard 112-2004 Test Method B and CAN/CSA
Standard C390-98(R2005) Test Method (1), (incorporated by reference,
see Sec. 431.15) and with similar procedures and methodologies. This
part of the petition should include description of prior projects,
qualifications of staff members, and the like. Of particular relevance
would be documentary evidence that establishes experience in applying
guidelines contained in the ISO/IEC Guide 17025:2005, General
requirements for the competence of calibration and testing
laboratories.
* * * * *
9. In Sec. 431.31, paragraph (a)(2) is revised to read as follows:

Sec. 431.31 Labeling requirements.

(a) * * *
(2) Display of required information. All orientation, spacing, type
sizes, type faces, and line widths to display this required information
shall be the same as or similar to the display of the other performance
data on the motor's permanent nameplate. The nominal full load
efficiency shall be identified either by the term ``Nominal
Efficiency'' or ``Nom. Eff.'' or by the terms specified in paragraph
12.58.2 of NEMA MG1-2006 Rev. 1, (incorporated by reference, see Sec.
431.15) as for example ``NEMA Nom. Eff. ----.'' The DOE number shall be
in the form ``CC----.''
* * * * *

Appendix A [Removed and Reserved]

10. Appendix A to subpart B of part 431 is removed and reserved.
11. Revise sections 2 and 3 to appendix B to subpart B of 10 CFR
part 431 to read as follows:

Appendix B to Subpart B of Part 431--Uniform Test Method for Measuring
Nominal Full Load Efficiency of Electric Motors

* * * * *

2. Test Procedures

Efficiency and losses shall be determined in accordance with
NEMA MG1-2006 with Revision 1, paragraph 12.58.1, Determination of
Motor Efficiency and Losses, (incorporated by reference, see Sec.
431.15), and either:
(1) CAN/CSA Standard C390-98(R2005), Energy Efficiency Test
Methods for Three-Phase Induction Motors, Test Method (1), Input-
Output Method With Indirect Measurement of the Stray-Load Loss and
Direct Measurement of the Stator Winding (I2R), Rotor Winding (I2R),
Core, and Windage-Friction Losses, (Incorporated by reference, see
Sec. 431.15), or
(2) Institute of Electrical and Electronics Engineers, Inc.,
Standard 112-2004, IEEE Standard Test Procedure for Polyphase
Induction Motors and Generators, Test Method B, Input-Output with
Loss Segregation, (incorporated by reference, see Sec. 431.15),
except as follows:
(i) Page 4, subclause 3.3.2, Specified temperature, the clause
that reads ``The specified temperature shall be determined by one of
the following, which are listed in order of preference:'' does not
apply. Instead, the following shall apply:
The specified temperature used in making resistance corrections
should be determined by one of the following (Test Method B only
allows the use of (a) or (b)), which are listed in order of
preference:
(ii) Page 61, at the bottom of 9.4 Form B-Method B, after the
footnote, the following additional sentence applies:
The values for ts and tt shall be based on
the same method of temperature measurement, selected from the four
methods in subclause 4.4.1.
(iii) Page 62, in item (19) of 9.5 Form B2-Method B
Calculations, the following additional reference should be appended
to the ``Source or Calculation'' cell for that item: ``and
6.4.3.2.''

3. Amendments to Test Procedures

Any revision to IEEE Standard 112-2004 Test Method B, to CAN/CSA
Standard C390-98(R2005) Test Method (1), or to NEMA Standards
Publication MG1-2006 Revision 1 after the promulgation of this
appendix B, shall not be effective for purposes of test procedures
required under Part 431 and this appendix B, unless Part 431 and
appendix B are amended.

12. Part 431 is amended by adding a new Subpart T to read as
follows:

Subpart T--Small Electric Motors

Sec.
431.341 Purpose and scope.
431.342 Definitions concerning small electric motors.

Test Procedures

431.343 Materials incorporated by reference.
431.344 Test procedures for the measurement of energy efficiency.
431.345 Determination of small electric motor energy efficiency.

Energy Conservation Standards

431.346 Energy conservation standards and their effective dates

Sec. 431.341 Purpose and scope.

This subpart contains definitions, test procedures and energy
conservation requirements for small electric motors, pursuant to Part
A-1 of Title III of the Energy Policy and Conservation Act, as amended,
42 U.S.C. 6311-6317.

Sec. 431.342 Definitions concerning small electric motors.

The following definitions are applicable to this subpart:
Alternative efficiency determination method or AEDM means, with
respect to a small electric motor, a method of calculating the total
power loss and average full load efficiency.
Average full load efficiency means the arithmetic mean of the full
load efficiencies of a population of small electric motors of duplicate
design, where the full load efficiency of each motor in the population
is the ratio (expressed as a percentage) of the motor's useful power
output to its total power input when the motor is operated at its full
rated load, rated voltage, and rated frequency.
Basic model means, with respect to a small electric motor, all
units of a given type of small electric motor (or class thereof)
manufactured by a single manufacturer, and which have the same

[[Page 78238]]

rating, have electrical characteristics that are essentially identical,
and do not have any differing physical or functional characteristics
which affect energy consumption or efficiency. For the purpose of this
definition, ``rating'' means a combination of the small electric
motor's group (i.e., capacitor-start, capacitor-run; capacitor-start,
induction-run; or polyphase), horsepower rating (or standard kilowatt
equivalent), and number of poles with respect to which Sec. 431.346
prescribes nominal full load efficiency standards.
Small electric motor means a NEMA general purpose alternating
current single-speed induction motor, built in a two-digit frame number
series in accordance with NEMA Standards Publication MG1-1987.

Test Procedures

Sec. 431.343 Materials incorporated by reference.

(a) General. The Department incorporates by reference the following
test procedures into subpart T of part 431. The Director of the Federal
Register has approved the material listed in paragraph (b) of this
section for incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Any subsequent amendment to this material by
the standard-setting organization will not affect the Department test
procedures unless and until the Department amends its test procedures.
The Department incorporates the material as it exists on the date of
the approval and a notice of any change in the material will be
published in the Federal Register.
(b) Test procedures incorporated by reference. (1) Institute of
Electrical and Electronics Engineers, Inc., IEEE Standard 114-2001,
IEEE Standard Test Procedure for Single-Phase Induction Motors.
(2) Institute of Electrical and Electronics Engineers, Inc., IEEE
Standard 112-2004, IEEE Standard Test Procedure for Polyphase Induction
Motors and Generators.
(3) Canadian Standards Association (CAN/CSA) Standard C747-94,
Energy Efficiency Test Methods for Single- and Three-Phase Small
Motors. (Reaffirmed 2005)
(c) Availability of reference--(1) Inspection of test procedures.
The test procedures incorporated by reference are available for
inspection at the following locations:
(i) National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or visit http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(ii) Resource Room of the Building Technologies Program, U.S.
Department of Energy, 6th Floor, 950 L'Enfant Plaza, SW., Washington,
DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
(2) Obtaining copies of the standard. Copies of the standards
incorporated by reference may be obtained from the following sources:
(i) The Institute of Electrical and Electronics Engineers, Inc.,
445 Hoes Lane, P.O. Box 1331, Piscataway, NJ 08855-1331, 1-800-678-IEEE
(4333), or http://www.ieee.org/web/publications/home/index.html.
(ii) The Canadian Standards Association, Sales Department, 5060
Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-
463-6727, or http://www.csa-intl.org/onlinestore/welcome.asp.

Sec. 431.344 Test Procedures for the Measurement of Energy
Efficiency.

(a) Scope. This section provides the test procedure for measuring,
pursuant to EPCA, the efficiency of small electric motors pursuant to
EPCA. For purposes of this part 431 and EPCA, the test procedure for
measuring the efficiency of small electric motors shall be the test
procedures specified in Sec. 431.343(b).
(b) Testing and Calculations. Determine the energy efficiency and
losses by using one of the following test methods:
(1) Canadian Standards Association (CAN/CSA) Standard C747-94,
(incorporated by reference, see Sec. 431.343), Energy Efficiency Test
Methods for Single- and Three-Phase Small Motors, or
(2) Either IEEE Standard 114-2001, (incorporated by reference, see
Sec. 431.343), IEEE Standard Test Procedure for Single-Phase Induction
Motors, or IEEE Standard 112-2004, (incorporated by reference, see
Sec. 431.343), IEEE Standard Test Procedure for Polyphase Induction
Motors and Generators.

Sec. 431.345 Determination of Small Electric Motor Efficiency.

When a party determines the energy efficiency of a small electric
motor in order to comply with an obligation imposed on it by or
pursuant to Part A-1 of Title III of EPCA, 42 U.S.C. 6311-6317, this
section applies. This section does not apply to enforcement testing
conducted pursuant to Sec. 431.381.
(a) Provisions applicable to all small electric motors--(1) General
requirements. The average full load efficiency of each basic model of
small electric motor must be determined either by testing in accordance
with Sec. 431.344 of this subpart, or by application of an alternative
efficiency determination method (AEDM) that meets the requirements of
paragraphs (a)(2) and (3) of this section, provided, however, that an
AEDM may be used to determine the average full load efficiency of one
or more of a manufacturer's basic models only if the average full load
efficiency of at least five of its other basic models is determined
through testing.
(2) Alternative efficiency determination method. An AEDM applied to
a basic model must be:
(i) Derived from a mathematical model that represents the
mechanical and electrical characteristics of that basic model, and
(ii) Based on engineering or statistical analysis, computer
simulation or modeling, or other analytic evaluation of performance
data.
(3) Substantiation of an alternative efficiency determination
method. Before an AEDM is used, its accuracy and reliability must be
substantiated as follows:
(i) The AEDM must be applied to at least five basic models that
have been tested in accordance with Sec. 431.344; and
(ii) The predicted total power loss for each such basic model,
calculated by applying the AEDM, must be within plus or minus 10
percent of the mean total power loss determined from the testing of
that basic model.
(4) Subsequent verification of an AEDM. (i) Each manufacturer that
has used an AEDM under this section shall have available for inspection
by the Department of Energy records showing the method or methods used;
the mathematical model, the engineering or statistical analysis,
computer simulation or modeling, and other analytic evaluation of
performance data on which the AEDM is based; complete test data,
product information, and related information that the manufacturer has
generated or acquired pursuant to paragraph (a)(3) of this section; and
the calculations used to determine the efficiency and total power
losses of each basic model to which the AEDM was applied.
(ii) If requested by the Department, the manufacturer shall conduct
simulations to predict the performance of particular basic models of
distribution transformers specified by the Department, analyses of
previous simulations conducted by the manufacturer, sample testing of
basic

[[Page 78239]]

models selected by the Department, or a combination of the foregoing.
(b) Additional testing requirements--(1) Selection of basic models
for testing if an AEDM is to be applied. (i) A manufacturer must select
basic models for testing in accordance with the following criteria:
(A) Two of the basic models must be among the five basic models
with the highest unit volumes of production by the manufacturer in the
prior year, or during the prior 12 calendar months period beginning in
2005,\1\ whichever is later;
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\1\ In identifying these five basic models, any small electric
motor that does not comply with Sec. 431.346 shall be excluded from
consideration.
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(B) The basic models should be of different horsepower ratings
without duplication;
(C) The basic models should be of different frame number series
without duplication; and
(D) Each basic model should have the lowest nominal full load
efficiency among the basic models with the same rating (``rating'' as
used here has the same meaning as it has in the definition of ``basic
model'').
(ii) If it is impossible for a manufacturer to select basic models
for testing in accordance with all of these criteria, the criteria
shall be given priority in the order in which they are listed. Within
the limits imposed by the criteria, basic models shall be selected
randomly.
(2) Selection of units for testing within a basic model. For each
basic model selected for testing,\2\ a sample of units shall be
selected at random and tested. The sample shall be comprised of
production units of the basic model, or units that are representative
of such production units. The sample size shall be no fewer than five
units, except when fewer than five units of a basic model would be
produced over a reasonable period of time (approximately 180 days). In
this case, each unit shall be tested.
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\2\ Components of similar design may be substituted without
requiring additional testing if the represented measures of energy
consumption continue to satisfy the applicable sampling provision.
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Energy Conservation Standard

Sec. 431.346 Small Electric Motor Energy Conservation Standards and
Their Effective Dates. [RESERVED]

13. In Sec. 431.385, paragraph (a) introductory text is revised to
read as follows:

Sec. 431.385 Cessation of distribution of a basic model of an
electric motor.

(a) In the event that a model of an electric motor is determined
non-compliant by the Department in accordance with Sec. 431.383 or if
a manufacturer or private labeler determines a model of an electric
motor to be in noncompliance, then the manufacturer or private labeler
shall:
* * * * *
[FR Doc. E8-30198 Filed 12-19-08; 8:45 am]
BILLING CODE 6450-01-P