[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 648-676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33069]
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Part III
Department of Energy
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10 CFR Part 431
Energy Conservation Program: Test Procedures for Electric Motors and
Small Electric Motors; Proposed Rule
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 /
Proposed Rules
[[Page 648]]
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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
and Small Electric Motors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: This supplemental notice of proposed rulemaking (SNOPR)
proposes to clarify certain terms and language in our regulations for
certain commercial and industrial equipment, as follows: revise the
definitions of certain terms related to electric motors and small
electric motors, clarify the scope of energy conservation standards for
electric motors, update references to several industry and testing
standards for electric motors, incorporate by reference and update
alternative test methods for polyphase and single-phase small electric
motors, and specify the determination of efficiency requirements for
small electric motors. These actions are being proposed to clarify the
scope of regulatory coverage for small electric motors and electric
motors and ensure the accurate and consistent measurement of energy
efficiency. This notice invites comments on U.S. Department of Energy
(DOE) proposals and the issues presented herein, and requests comments,
data, and other information that would enable DOE to promulgate a final
rule.
DATES: DOE will accept comments, data, and information regarding the
SNOPR until February 4, 2011. See section IV, ``Public Participation,''
of this supplemental proposed rule for details.
ADDRESSES: Any comments submitted must identify the SNOPR 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: [email protected].
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. Due to the potential delays in DOE's receipt and
processing of mail sent through the U.S. Postal Service, DOE encourages
respondents to submit comments electronically to ensure timely receipt.
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.
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, Sixth 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: [email protected].
In the Office of the General Counsel, contact Ms. Ami Grace-Tardy, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 586-
5709. E-mail: [email protected].
For information about how to submit or review public comments,
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: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background
1. Electric Motors
2. Small Electric Motors
II. Summary of Supplemental Notice of Proposed Rulemaking
III. Discussion
A. Definition of Electric Motor
B. Definition of General Purpose Electric Motors, Subtypes I and
II
C. Definition of NEMA Design B Motor
D. Fire Pump Motors Definition
E. Fire Pump Motor Coverage
F. Energy Conservation Standards for Electric Motors
G. References to International Electrotechnical Commission,
National Electrical Manufacturers Association, Institute of
Electrical and Electronics Engineers, and Canadian Standards
Association Standards for Electric Motors
H. National Institute of Standards and Technology/National
Voluntary Laboratory Accreditation Program Handbook 150-10 Update
and Checklist
I. Appendix A to Subpart B of Title 10 of the Code of Federal
Regulations Part 431
J. Definition of Small Electric Motor
K. Canadian Standards Association Test Procedures for Small
Electric Motors
L. Small Electric Motor Represented Efficiency Value
M. Validation of the Small Electric Motor Alternative Efficiency
Determination Method
N. Small Electric Motor Nationally Recognized Certification
Program
O. Issues Related to Compliance Certification and Enforcement of
Electric Motors and Small Electric Motors.
IV. Public Participation
A. Submission of Comments
B. Issues on Which the Department of Energy Seeks Comment
1. Definition of Electric Motor
2. Definition of General Purpose Electric Motors, Subtypes I and
II
3. Definition of NEMA Design B Motor
4. Fire Pump Motors Definition
5. Fire Pump Motor Coverage
6. Energy Conservation Standards for Electric Motors
7. References to International Electrotechnical Commission,
National Electrical Manufacturers Association, Institute of
Electrical and Electronics Engineers, and Canadian Standards
Association Standards for Electric Motors
8. National Institute of Standards and Technology/National
Voluntary Laboratory Accreditation Program Handbook 150-10 Update
and Checklist
9. Appendix A to Subpart B of Title 10 of the Code of Federal
Regulations Part 431
10. Canadian Standards Association Test Procedure for Small
Electric Motors
11. Small Electric Motor Represented Efficiency Value
12. Validation of the Small Electric Motor Alternative
Efficiency Determination Method
13. Small Electric Motor Nationally Recognized Certification
Program
14. Issues Related to Compliance Certification and Enforcement
of Electric Motors and Small Electric Motors
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
[[Page 649]]
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 the Department of Energy (``DOE'' or, in
context, ``the Department'') with the authority to promulgate energy
conservation standards and related test procedures for certain
commercial and industrial equipment. (42 U.S.C. 6311-6317) This
supplemental notice of proposed rulemaking addresses issues raised in
response to an earlier notice of proposed rulemaking, 73 FR 78220
(December 22, 2008).
B. Background
In the Energy Policy Act of 1992, Public Law 102-486 (October 24,
1992) (EPAct 1992), Congress amended EPCA to establish energy
conservation standards, test procedures, compliance certification, and
labeling requirements for certain electric motors.\1\ In addition,
EPAct 1992 directed the Secretary of Energy to determine whether energy
conservation standards for small electric motors would be
technologically feasible and economically justified, and would result
in significant energy savings.\2\ On October 5, 1999, DOE published in
the Federal Register, a final rule that set forth procedures to
determine the energy efficiency of electric motors. 64 FR 54114. After
determining that energy conservation standards for small electric
motors would be technologically feasible and economically justified,
see 71 FR 38799 (July 10, 2006), DOE initiated a rulemaking to begin
the development of standards for small electric motors.\3\ Related to
these efforts was DOE's publication of a July 7, 2009 final rule
prescribing test procedures for small electric motors. 74 FR 32059.
Today's supplemental notice of proposed rulemaking (SNOPR) proposes
revisions, as summarized below, to the test procedures and definitions
related to electric motors and small electric motors that were not
addressed in previous rulemakings.
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\1\ EPCA, as amended by EPAct 1992, had previously defined an
``electric motor'' as ``any motor which is a general purpose T-
frame, single-speed, foot-mounting, polyphase squirrel-cage
induction motor of the National Electrical Manufacturers
Association, Design A and B, continuous rated, operating on 230/460
volts and constant 60 Hertz line power as defined in NEMA Standards
Publication MG1-1987.'' (42 U.S.C. 6311(13)(A) (1992)) Through
subsequent amendments to EPCA, Congress removed this definition and
replaced it with language denoting two new subtypes of general
purpose electric motors. (See 42 U.S.C. 6311(13)(A)-(B) (2010))
\2\ EPCA, as amended by EPAct 1992, defines the term ``small
electric motor'' to mean 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.'' (42 U.S.C. 6311(13)(G))
\3\ A single-phase small electric motor is a rotating electrical
machine that operates on single-phase electrical power, which refers
to a single alternating voltage sinusoidal waveform. Similarly, a
polyphase small electric motor is a rotating electrical machine that
operates on three-phase electrical power, which refers to the
sinusoidal waveforms of three supply conductors that are offset from
one another by 120 degrees. Small electric motors are generally used
as components to drive commercial and industrial pumps, fans,
conveyors, and other equipment that require low power (i.e.,
approximately 3 horsepower and below). 73 FR 78220, 78221 n.2
(December 22, 2008)
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1. Electric Motors
Section 343(a)(5)(A) of EPCA requires that test procedures for
electric motor efficiency shall be the test procedures specified in the
National Electrical Manufacturers Association (NEMA) Standards
Publication MG1-1987 and IEEE Standard 112 Test Method B for electric
motor efficiency, as in effect on the date of enactment of EPAct 1992.
(42 U.S.C. 6314(a)(5)(A)) Section 343(a)(5)(B) of EPCA directs that if
the NEMA and IEEE test procedures are amended, the Secretary of Energy
shall amend the efficiency test procedures for electric motors to
conform to the amended NEMA and IEEE test procedures, unless the
Secretary determines, by rule, that amended 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)) Subsequently, once
newer versions of these industry test procedures became available, DOE
amended its regulations to include more recent versions of these
procedures. MG1-1993 and IEEE Standard 112-1996 were codified at 10 CFR
431.22 (now codified at 10 CFR 431.16 and appendix B to subpart B). In
addition, the equivalent CAN/CSA C390-93, ``Energy Efficiency Test
Methods for Three-Phase Induction Motors'' was added in the final rule
published on October 5, 1999. 64 FR 54114. These changes were made to
ensure that the latest industry practices were incorporated into DOE's
regulations and to incorporate related equivalent procedures.
NEMA Standards Publication MG1 was most recently revised and
published on April 9, 2010, IEEE Standard 112 was most recently amended
in November 2004, and CAN/CSA C390 was most recently amended on March
22, 2010 (as the renamed ``Test methods, marking requirements, and
energy efficiency levels for three-phase induction motors.'') As
directed by section 343(a)(5)(B) of EPCA, DOE proposed in a December
22, 2008, test procedure notice of proposed rulemaking (NOPR) (December
2008 NOPR) to update the test procedures in 10 CFR part 431 by
incorporating by reference the test methods from the most current
versions (at that time) of those industry testing standards. 73 FR
78220. DOE received several comments on its proposed updates as well as
on other issues and is addressing them in today's SNOPR for further
public review.
2. Small Electric Motors
Section 346 of EPCA requires DOE to prescribe test procedures for
those small electric motors for which the Secretary of Energy makes a
positive determination that energy conservation standards would be
technologically feasible and economically justified, and would result
in significant energy savings. (42 U.S.C. 6317(b)(1)) Consistent with
this requirement, DOE announced its intention in the determination
notice to initiate the development of test procedures for certain small
electric motors. 71 FR 38807 (July 10, 2006).
Pursuant to section 346(b)(1) of EPCA, in the December 2008 NOPR,
DOE presented potential test methods for measuring the energy
efficiency of small electric motors that DOE was considering
incorporating into its regulations. 73 FR 78220. DOE proposed to base
its test procedure on IEEE Standard 114-2001, ``Test Procedure for
Single-Phase Induction Motors,'' IEEE Standard 112-2004, ``Test
Procedure for Polyphase Induction Motors and Generators,'' and Canadian
Standards Association (CAN/CSA) C747-94, ``Energy Efficiency Test
Methods for Single- and Three-Phase Small Motors.'' \4\ All of these
testing standards are industry-based test procedures that
[[Page 650]]
are well-known and commonly used by small electric motor manufacturers.
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\4\ The IEEE Standards addressed in this notice are generally
listed chronologically by their last date of revision and adoption
rather than their sequential number.
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On July 7, 2009, DOE published a final rule adopting test
procedures for measuring the energy efficiency of small electric
motors. 74 FR 32059. However, there were certain subsidiary issues
raised in the December 2008 NOPR that required additional consideration
before a final decision could be made on how to address them in light
of comments received from interested parties. These issues are
addressed in today's SNOPR.
II. Summary of Supplemental Notice of Proposed Rulemaking
Today's SNOPR addresses and solicits comment on particular issues
concerning definitions and test procedures for electric motors and
small electric motors. DOE prepared this SNOPR to ensure clarity in the
definitions and test procedures for electric motors and small electric
motors and to address public comments received in response to the
December NOPR.
With respect to electric motors, DOE proposes to take four actions.
First, DOE proposes to clarify definitions for the terms ``electric
motor,'' ``fire pump motor,'' ``general purpose electric motor (subtype
I),'' ``general purpose electric motor (subtype II),'' and ``NEMA
Design B.'' In addition, DOE proposes to rename the term ``general
purpose motor'' to be ``general purpose electric motor'' consistent
with terminology used in the regulations. DOE believes that the
proposed revisions to these terms will make the applicable test
procedures contained in 10 CFR part 431 appropriate for this equipment
while addressing comments from interested parties submitted in response
to the December 2008 NOPR. Second, today's notice proposes to clarify
the scope of existing and pending energy conservation standards for
electric motors in 10 CFR 431.25. Third, DOE proposes to update the
references to NIST Handbook 150-10, ``Efficiency of Electric Motors,''
and the associated NIST Handbook 150-10 Checklist, IEC standards
documents, CAN/CSA C390, and NEMA MG1 throughout subpart B of 10 CFR
part 431. Fourth, DOE proposes revisions to appendix A to subpart B, of
10 CFR part 431, to maintain consistency with the Energy Independence
and Security Act (EISA 2007) amendments to the electric motor scope of
coverage, and to address acceptable bounds for shaft dimensions for
covered general purposes electric motors.
With respect to small electric motors, on July 7, 2009, DOE
published a final rule that prescribed test procedures to measure the
energy efficiency of small electric motors (July 2009 final rule). 74
FR 32059. Today's SNOPR addresses three related matters that would
clarify the scope of coverage and alleviate potential undue testing
burdens.
First, DOE proposes to define the represented efficiency value and
average full load efficiency for small electric motors.
Second, DOE proposes to include the following test procedures as
alternative methodologies for measuring the energy efficiency of
polyphase small electric motors: CAN/CSA C747 and CAN/CSA C390. DOE
understands that both test methods are equivalent to IEEE Standard 112
Test Methods A and B, respectively, which were adopted in the July 2009
final rule. DOE is also updating existing references to CAN/CSA C747 to
the latest version of the standard.
Finally, DOE proposes a method to validate an alternative
efficiency determination method (AEDM) for small electric motors,
including the statistical requirements to substantiate the AEDM. While
the AEDM was addressed in the December 2008 NOPR, comments to that
notice indicated that the agency needed to provide additional
clarification regarding how manufacturers should use the sample of
basic models tested when validating their AEDMs. Today's notice
clarifies that issue by proposing an approach based on the AEDM
substantiation requirements for 1-200 horsepower electric motors.
The proposed revisions are summarized in the table below and
addressed in detail in the following section. Note that all citations
to various sections of 10 CFR part 431 throughout this SNOPR preamble
refer to the current version of 10 CFR part 431. The proposed
regulatory text follows the preamble to this notice. DOE seeks comments
from interested parties on each of the proposed revisions.
Table 1--Summary of Changes Proposed in This SNOPR and Affected Sections
of 10 CFR Part 431
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Summary of Proposed
Existing Section in 10 CFR Part 431 Modifications
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Section 431.11 of Subpart B--Purpose Clarifies that subpart
and Scope. B is applicable to ``electric
motors,'' but not ``small
electric motors.''
Section 431.12 of Subpart B-- Revises the
Definitions. definitions of
``accreditation,'' ``definite
purpose motor,'' ``general
purpose electric motor
(subtype I),'' ``general
purpose electric motor
(subtype II),'' and ``nominal
full load efficiency.''
Adds new definitions
for ``electric motor,'' ``fire
pump motor,'' ``general
purpose electric motor,'' and
``NEMA Design B motor.''
Removes definition of
``general purpose motor.''
Section 431.14 of Subpart B-- Sources Removes sources for
for information and guidance. information and guidance from
Section 431.15 and places it
in new Section 431.14.
Section 431.15 of Subpart B--Materials Updates reference to
incorporated by reference. CAN/CSA-C390.
Updates references to
IEC standards.
Updates reference to
IEEE 112.
Updates reference to
NEMA MG1.
Section 431.18 of Subpart B--Testing Updates reference to
Laboratories. NIST Handbook 150-10.
Section 431.19 of Subpart B--Department Updates references to
of Energy recognition of accreditation IEEE 112 and CAN/CSA C390.
bodies.
Section 431.20 of Subpart B--Department Updates references to
of Energy recognition of nationally IEEE 112 and CAN/CSA-C390 for
recognized certification programs. electric motors.
Section 431.25 of Subpart B--Energy Clarifies the scope of
conservation standards and effective efficiency standards in
dates. 431.25(a) through (e).
Inserts kilowatt
equivalent power ratings in
the efficiency standard
tables.
Section 431.31 of Subpart B--Labeling Updates reference to
Requirements. NEMA MG1.
Appendix A to Subpart B--Policy Revised for
Statement for Electric Motors Covered consistency with EISA 2007
Under the Energy Policy and amendments.
Conservation Act.
[[Page 651]]
Includes guidance
regarding special shaft
designs for motors.
Appendix B to Subpart B--Uniform Test Updates references to
Method for Measuring Nominal Full Load NEMA MG1, IEEE 112, and CAN/
Efficiency of Electric Motors. CSA C390.
Section 431.441 of Subpart X--Purpose Clarifies that subpart
and Scope. X is applicable to ``small
electric motors,'' but not
``electric motors.''
Section 431.443 of Subpart X--Materials Updates reference to
incorporated by reference. CAN/CSA-C747.
Adds reference to CSA-
C390.
Updates references to
IEEE 112 and 114.
Section 431.444 of Subpart X--Test Updates reference to
procedures for measurement of energy CAN/CSA-C747.
efficiency.
Adds reference to CAN/
CSA-C390.
Section 431.445 of Subpart X-- Adds additional
Determination of small electric motor guidelines on use of a
efficiency. certification program and
references section 431.447 for
small electric motors.
Defines the
represented efficiency value.
Section 431.447 of Subpart X-- Adds a section on
Department of Energy recognition of nationally recognized
nationally recognized certification certification programs for
programs. small electric motors similar
to section 431.20 for electric
motors.
Section 431.448 of Subpart X-- Adds a section on
Procedures for recognition and procedures for recognition of
withdrawal of recognition of certification programs for
certification programs. small electric motors similar
to section 431.21 for electric
motors.
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III. Discussion
A. Definition of Electric Motor
Before the enactment of EISA 2007, section 340(13)(A) of EPCA, as
amended, defined the term ``electric motor'' as ``any motor which is a
general purpose T-frame, single-speed, foot-mounting, polyphase
squirrel-cage induction motor of the National Electrical Manufacturers
Association, Design A and B, continuous rated, operating on 230/460
volts and constant 60 Hertz line power as defined in NEMA Standards
Publication MG1-1987.'' Section 313(a)(2) of EISA 2007 struck that
definition and established two subtypes: General purpose electric motor
(subtype I) and general purpose electric motor (subtype II). (42 U.S.C.
6311(13)) In addition, section 313(b)(2) of EISA 2007 established
energy conservation standards for four types of motors: General purpose
electric motor (subtype I) with a power rating of 1 to 200 horsepower;
fire pump motors; general purpose electric motor (subtype II) with a
power rating of 1 to 200 horsepower; and NEMA Design B, general purpose
electric motors with a power rating of more than 200 horsepower to 500
horsepower. (42 U.S.C. 6313(b)(2)) All of these standards apply to
covered motors that are manufactured alone or as a component of another
piece of equipment. The term ``electric motor'' (which frequently
appears throughout EPCA, as amended by EISA, and various subparts of 10
CFR part 431) was left undefined. Consequently, DOE expressed concern
that the absence of a definition may cause confusion about which
electric motors are required to comply with mandatory test procedures
and energy conservation standards. 73 FR 78225.
In the December 2008 NOPR, DOE proposed to clarify the EISA
definition of ``electric motor'' to mean 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. 73 FR 78225 and 78235. In
DOE's view, applying the term ``electric motor'' in this manner would
clarify that the test procedures prescribed for electric motors would
equally apply to each of the four types of motors. 73 FR 78225.
Whereas DOE proposed to separate (and define) the covered electric
motors into four distinct and separate types, NEMA asserted that
section 313(a)(2) of EISA 2007 categorized covered electric motors into
two types: General purpose electric motor (subtype I) and general
purpose electric motor (subtype II). Further, NEMA commented that under
the DOE-proposed definition of electric motor, a NEMA Design B general
purpose electric motor and a fire pump motor would be viewed as
separate and apart from general purpose electric motor (subtype I),
when in reality they are considered subsets of general purpose electric
motors (subtype I). (NEMA, No. 12 at p. 7) \5\
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\5\ Notations of this form appear throughout this document and
identify statements made in written comments or at public hearings
that DOE has received and has included in the docket for this
rulemaking. For example, ``NEMA, No. 12 at p. 7'' refers to a
comment: (1) From the National Electrical Manufacturers Association;
(2) in document number 12 in the docket of this rulemaking; and (3)
appearing on page 7 of the submission.
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In view of the above and with the term ``electric motor'' as yet
unclear, today's SNOPR proposes to clarify the term ``electric motor''
to mean ``a machine which converts electrical power into rotational
mechanical power.'' Additionally, as discussed below, DOE is proposing
to clarify what constitutes a ``general purpose electric motor (subtype
I)'' by enumerating certain design and performance elements, and what
constitutes a ``general purpose electric motor (subtype II)'' by
explicitly drawing the distinction between a subtype I and subtype II.
B. Definition of General Purpose Electric Motors, Subtypes I and II
EISA 2007 defines a general purpose electric motor (subtype I) as a
motor that meets the definition of ``general purpose'' which was in
effect at the time of enactment of EISA 2007. At that time, 10 CFR part
431 did not contain a definition of ``general purpose,'' although the
regulations did define ``general purpose motor'' as a motor 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 MG1-1993, paragraph 14.02,
``Usual Service Conditions,'' 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 MG1-1993, paragraph 14.03,
``Unusual Service conditions,'' or for a particular type of
application, and which can be used in most general purpose
applications.
[[Page 652]]
64 FR 54142 (codified at 10 CFR 431.12).
DOE subsequently adopted this definition of ``general purpose
motor'' as the definition of ``general purpose electric motor (subtype
I).'' 74 FR 12058, 12071 (March 23, 2009) (codified at 10 CFR 431.12)
In the December 2008 NOPR, DOE did not propose any changes to the
definition of ``general purpose electric motor (subtype I).''
DOE also did not propose any changes to the definition of ``general
purpose electric motor (subtype II)'' in the December 2008 NOPR because
this term was defined in section 313(a)(2) of EISA 2007 and was
incorporated without modification into 10 CFR 431.12. 74 FR 12071. The
statute defines a subtype II general purpose motor as any motor
incorporating the design elements of a general purpose electric motor
(subtype I) configured as one of the following:
(i) A U-frame motor;
(ii) A Design C motor;
(iii) A close-coupled pump motor;
(iv) A footless motor;
(v) A vertical solid shaft normal thrust motor (as tested in a
horizontal configuration);
(vi) An 8-pole motor (900 rpm); or
(vii) A polyphase motor with voltage of not more than 600 volts
(other than 230 or 460 volts).
(42 U.S.C. 6311(13)(B))
In response to the December 2008 NOPR, NEMA and Baldor commented
that Congress created confusion when it struck the EPAct 1992
definition of electric motor from section 340(13)(A) of EPCA via
section 313(a)(2) of EISA 2007 and subsequently inserted the terms
``general purpose electric motor (subtype I)'' and ``general purpose
electric motor (subtype II)'' under the umbrella heading ``Electric
motor'' without further clarification. According to NEMA and Baldor,
the DOE definition of general purpose electric motor (subtype I) does
not provide the essential elements that would differentiate a general
purpose electric motor (subtype II) from a general purpose electric
motor (subtype I)--the subtype II characteristics described in the
statute are also shared with subtype I motors. Consequently, NEMA
requested that DOE clarify how it intends to distinguish between a
general purpose electric motor (subtype I) and general purpose electric
motor (subtype II), particularly because EISA 2007 prescribes different
efficiency levels for subtype I and subtype II motors. Further, Baldor
suggested that DOE restore the original [EPAct 1992] definition of
electric motor, which was struck by the EISA 2007 amendment to EPCA,
and from that [EPAct 1992] definition derive clear definitions to
differentiate general purpose electric motor (subtype I) and (subtype
II). (NEMA, No. 12 at p. 11; Baldor, Public Meeting Transcript, No. 8
at 116-119)
In addition, NEMA commented that section 313(a)(2) of EISA 2007
defines a general purpose electric motor (subtype II) as one that
incorporates the design elements of a subtype I general purpose
electric motor and that is ``configured as 1 of several distinct
configurations, such as ``Design C'' or ``U-Frame'' construction.
(codified at 42 U.S.C. 6311(13)(A)-(B)). NEMA asked DOE to clarify how
it would interpret the clause ``configured as 1 of'' in EISA 2007's
definition of general purpose electric motor (subtype II). Otherwise,
according to NEMA, it is possible that a general purpose motor could be
configured in a manner that uses combinations of the various
configurations specified by EISA 2007, that is, a Design C motor could
be constructed in a U-frame. (NEMA, No. 12 at p. 11)
In view of the above, DOE proposes first to clarify the definition
of ``electric motor'' by describing what an electric motor is and what
it does, rather than listing categories of covered electric motors.
Second, DOE proposes to clarify the definition of ``general purpose
electric motor (subtype I)'' by specifying certain design and
performance elements. Third, DOE proposes to clarify the relationship
between a general purpose electric motor subtype I and a general
purpose electric motor subtype II.
NEMA commented that the definition of ``general purpose electric
motor (subtype I)'' in the December 2008 NOPR is confusing because the
only identifying characteristic is that the motor is ``constructed for
use in general purpose applications or can be used in most general
purpose applications.'' Further, NEMA asserted that design
characteristics (such as T-frame, single speed, foot-mounting,
polyphase, squirrel-cage induction motor, Design A and B, continuous
rated, operating on 230/460 volts or constant 60 Hertz line power,
etc.), which were essential elements under the EPAct 1992 definition of
``electric motor,'' are not included in the EISA 2007 definition. In
addition, NEMA commented that when [in 1999] DOE originally codified
regulations for electric motors into 10 CFR part 431, it determined
that motors designed in accordance with IEC standards, and which could
be used in the same general purpose applications as NEMA motors, be
included as covered equipment. 61 FR 60442-43, 60449-50 (November 27,
1996) and 64 FR 54131. Whereas the definition for ``general purpose
electric motor (subtype I),'' proposed in the December 2008 NOPR,
failed to include IEC motors of similar design and use, NEMA requested
that DOE explicitly include equivalent IEC motors as covered equipment.
(NEMA, No. 12 at pp. 9 and 11)
In view of the above comments, DOE is proposing to clarify what
constitutes a ``general purpose electric motor (subtype I)'' by
referencing the enumerated design and performance elements under the
definition of ``electric motor,'' set forth in EPCA, as amended by
EPAct 1992 and codified in 10 CFR 431.2 (January 1, 2000). DOE would
also include references to IEC standards to clarify that IEC-equivalent
electric motors are subject to energy conservation standards. DOE
requests comment on the following proposed definition for ``general
purpose electric motor (subtype I)'':
General purpose electric motor (subtype I) means a general purpose
electric motor that:
(1) Is a single-speed induction motor (MG1);
(2) Is rated for continuous duty (MG1) operation or for duty type
S1 (IEC);
(3) Contains a squirrel-cage (MG1) or cage (IEC) rotor;
(4) Has foot-mounting that may include foot-mounting with flanges
or detachable feet;
(5) Is built in accordance with NEMA T-frame dimensions (MG1) or
their IEC metric equivalents (IEC);
(6) Has performance in accordance with NEMA Design A (MG1) or B
characteristics or equivalent designs such as IEC Design N (IEC);
(7) Operates on polyphase alternating current 60-hertz sinusoidal
power, and:
(i) Is rated 230 or 460 volts (or both) including motors rated at
multiple voltages that include 230 or 460 volts (or both), or
(ii) Can be operated on 230 or 460 volts (or both); and
(8) Includes, but is not limited to, explosion-proof construction.
Terms in this definition followed by the parenthetical ``MG1'' must
be construed with reference to provisions in NEMA Standards Publication
MG1-2009 and elements followed by the parenthetical ``IEC'' must be
construed with reference to the IEC Standards. 10 CFR part 431, subpart
B applies to general purpose electric motors (subtype I) even if the
NEMA or IEC-equivalent frame size or design element has been
discontinued or is discontinued in the future.
To be consistent with the proposed definition of ``electric motor''
and corresponding use of the term ``general
[[Page 653]]
purpose electric motor'' in the definition of ``general purpose
electric motor (subtype I),'' DOE proposes to amend the definition of
``general purpose motor'' in 10 CFR 431.12 by adding the word
``electric'' in front of the word ``motor'' to clarify that a general
purpose motor is a type of electric motor. Furthermore, DOE proposes to
update references to NEMA MG1, from NEMA MG1-1993 to NEMA MG1-2009 in
this definition.
DOE distinguishes between a general purpose electric motor subtype
I and subtype II based on whether the motor is configured to have one
or more of the design or performance elements listed in the definition
of general purpose electric motor (subtype II) at 42 U.S.C.
6311(13)(B). For example, a subtype I motor could be built in
accordance with NEMA T-frame dimensions and could have the performance
characteristics of a NEMA Design A motor. In contrast, a motor built
with all of the same design elements as the above mentioned motor but
with the performance characteristics of a NEMA Design C motor would be
a subtype II motor. To clarify this interpretation of the statutory
definition of ``general purpose electric motor (subtype I),'' DOE
proposes to modify the introductory text of the definition to read,
``means any general purpose electric motor that incorporates design
elements of a general purpose electric motor (subtype I) but, unlike a
general purpose electric motor (subtype I), is configured in one or
more of the following ways.'' For clarification, DOE is also proposing
to add references to MG1 and IEC standards in the definition of
``general purpose electric motor (subtype II)'' to clarify the terms
``U-frame,'' ``NEMA Design C,'' and ``vertical solid shaft normal
thrust motor.''
Finally, DOE has received inquiries regarding whether motors
designed in accordance with IEC standards are covered motors under
EPCA, as amended by EISA, if there is no longer a NEMA MG1-equivalent
design standard. Specifically, manufacturers are requesting guidance as
to whether IEC 100 millimeter frame motors are covered motors under
EPCA, as amended by EISA 2007, because the equivalent NEMA 160 frame
size was discontinued as a standard NEMA frame. Before EISA 2007 was
enacted, DOE addressed this question in the 1996 electric motors test
procedure NOPR. 61 FR 60440, 60443 (November 27, 1996). At that time,
DOE considered whether the proposed scenario was covered under the
then-current definition of ``electric motor.'' \6\ The Department
tentatively decided that the IEC 100 millimeter frame motor was not
covered by EPCA because the ``electric motor'' definition required the
motor to be a T-frame motor as defined in NEMA MG1-1987, but the NEMA
T-frame motor that was equivalent to an IEC 100 millimeter frame motor
had been discontinued.
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\6\ Section 340(13)(A) of EPCA, as amended, defined the term
``electric motor'' as ``any motor which is a general purpose T-
frame, single-speed, foot-mounting, polyphase squirrel-cage
induction motor of the National Electrical Manufacturers
Association, Design A and B, continuous rated, operating on 230/460
volts and constant 60 Hertz line power as defined in NEMA Standards
Publication MG1-1987.''
---------------------------------------------------------------------------
DOE has reassessed this previous preliminary determination in light
of the EISA 2007 amendment that struck the definition of ``electric
motor'' relied upon in the above analysis, and today's proposal to
include references to IEC standards to clarify that IEC-equivalent
electric motors are subject to energy conservation standards. Upon
reconsideration of the issue, DOE proposes that IEC 100 millimeter
frame motors, and other electric motors built to IEC standards, that
otherwise meet the proposed definition of ``general purpose electric
motor (subtype I)'' are covered motors under EPCA, even though the
NEMA-equivalent frame size has been discontinued.
C. Definition of NEMA Design B Motor
In the December 2008 NOPR, DOE proposed to adopt a definition for
the term ``NEMA Design B, general purpose electric motor.'' 73 FR
78235. This definition was based on the definition of general purpose
electric motor in paragraph 1.19.1.2, ``Design B,'' of NEMA MG1-2006
Revision 1, with three changes. First the proposed definition removed
the reference to 50 hertz and corresponding performance characteristics
because the EISA 2007-prescribed efficiency standards for ``NEMA Design
B, general purpose electric motors'' at 42 U.S.C. 6313(b)(2)(D) cover
only 60-hertz motors. (See NEMA MG-1 (2006) Table 12-11) Second, it
limited the maximum rated slip at rated load to less than 5 percent for
motors with fewer than 10 poles, because the EISA 2007-prescribed
energy conservation standards only cover 2-, 4-, 6-, and 8-pole motors
and, according to the footnote to MG1-2006 paragraph 1.19.1.2, motors
with 10 or more poles are permitted to have slip slightly greater than
5 percent. Third, it corrected the referenced 60-hertz locked-rotor
current paragraph from 12.35.3 to 12.35.1, because there is no
paragraph12.35.3 in MG1-2006 and the table under paragraph 12.35.1
contains the maximum currents associated with a locked rotor.
Several interested parties expressed concern over DOE's proposed
definition for a NEMA Design B, general purpose electric motor. NEMA
and Baldor urged DOE not to change the NEMA MG1 definition of Design B
where it refers to MG1-12.35.[2] for 50 hertz, stating that the
industry definition has existed for many years and should be
maintained, and that EISA 2007 does not explicitly limit coverage to 60
hertz. (Baldor, Public Meeting Transcript, No. 8 at p. 159, NEMA, No.
12 at p. 10) NEMA also noted that Table 12-11 of NEMA MG1 (the
applicable efficiency standards for NEMA Design B, general purpose
electric motors) applies both to 60-hertz and 50-hertz rated motors. In
sum, NEMA requested that DOE incorporate the definition of NEMA Design
B, general purpose electric motor from NEMA MG1-2006 in its entirety
and refer to paragraph 1.19.1.2 of NEMA MG1-2006. Notwithstanding this
request, NEMA asserts that it is not condoning the inclusion of
efficiency standards for 50-hertz motors in 10 CFR part 431. NEMA also
commented that even though NEMA Design B motors are a subset of general
purpose electric motor (subtype I), if DOE deems it necessary, NEMA
would support adding a separate definition for NEMA Design B general
purpose electric motor in Sec. 431.12, as long as it was clearly
classified as a general purpose electric motor (subtype I) with some
specific characteristics. (NEMA, No. 12 at p. 10)
In addition, the Northwest Energy Efficiency Alliance (NEEA) agreed
that it could see no benefit to making changes to an industry-wide and
well-accepted definition for a NEMA Design B general purpose motor that
includes 50-hertz motors and energy efficiency levels for 8-pole
motors. NEEA recommended that DOE adopt the NEMA MG1 1.19.1.2
definition without amending it. (NEEA, No. 10 at pp. 2-3)
In response, due to the NEMA MG1 technical error in referencing
section 12.35.3 for 60 Hz motors, DOE cannot simply adopt or reference
the NEMA MG1 1.19.1.2 definition for Design B without any amendments,
as suggested by NEMA and NEEA. Furthermore, it is common and within
DOE's authority to adopt a long-standing industry definition and adapt
the definition to make it more precise for regulatory purposes.
Therefore, DOE intends to adopt a definition of NEMA Design B motor
that includes corrections to the reference to section 12.35.1 of MG1.
In addition, for consistency with the footnote to the definition in
NEMA MG1-2009, DOE intends to maintain the limitation that the maximum
rated slip at rated load to
[[Page 654]]
less than 5 percent for only motors with fewer than 10 poles. DOE
agrees with commenters that there is limited benefit to constraining
the definition of NEMA Design B to only 60-hertz motors. Though DOE's
proposed definitions of general purpose electric motor (subtype I) and
(subtype II) limit those regulations to 60-hertz motors, DOE could
consider expanding energy conservation standards to 50-hertz motors in
the future. Including provisions for 50-hertz motors would maintain
consistency with the industry definition and preserve DOE's flexibility
to regulate electric motors covered under EPCA. In addition, DOE
believes that it is inaccurate and inconsistent with industry practice
to narrowly categorize NEMA Design B motors as only a subset of general
purpose electric motor (subtype I). It is DOE's understanding that NEMA
Design B motors can also fall under the category of general purpose
electric motor (subtype II) (e.g., a footless NEMA Design B motor), or
other type of electric motor.
For all of these reasons, DOE proposes to adopt a broad definition
of a NEMA Design B motor similar to that which was proposed for ``NEMA
Design B, general purpose electric motor'' in the December 2008 NOPR
with three revisions. First, DOE proposes to include provisions
regarding 50 hertz motors. Second, DOE intends to modify the proposal
to update the reference to ``NEMA MG1-2006'' to ``NEMA MG1-2009.''
Third, DOE proposes to eliminate any reference to NEMA Design B motors
necessarily being general purpose electric motors.
D. Fire Pump Motors Definition
EPCA section 342(b), as amended by section 313(b)(1)(B) of EISA
2007 (Pub. L. 110-140), prescribes energy efficiency standards for fire
pump motors, which were subsequently codified at 10 CFR 431.25(d). 74
FR 12072. However, section 340(13) of EPCA, as amended by EISA 2007,
does not define the term ``fire pump motor.'' DOE proposed a definition
for fire pump motors in its December 2008 NOPR to mean ``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.' '' 73 FR 78235. In the NOPR, DOE based the
definition primarily on the scope of the Underwriters Laboratories (UL)
Standard 1004A-2001, ``Fire Pump Motors,'' and NFPA Standard 20-2007.
Further, DOE proposed to make two modifications to the definition by
inserting a publication date for the cited NFPA standard and correcting
the title of NFPA Standard 20.
In response to the NOPR, NEMA raised concerns that fire pump motors
should not be required to meet any efficiency standards because they
are expected to operate on an emergency basis for a relatively short
time with virtually no opportunity to save a significant amount of
energy. Further, NEMA asserted that motors identified as ``fire pump
motors'' are recognized by the industry as both EPAct 1992 electric
motors or EISA 2007 general purpose electric motors (subtype I) and,
therefore, should not be listed as a separate motor type under the
electric motor definition as proposed in the December 2008 NOPR.
Notwithstanding this argument, NEMA supports DOE adding the definition
of ``fire pump motor'' to 10 CFR 431.12, provided that it is
characterized as being a ``general purpose electric motor (subtype I)''
with some specific characteristics. (NEMA, No. 12 at pp. 8-9)
Additionally, NEMA noted that the UL Standard 1004A-2001, ``Fire Pump
Motors,'' has been replaced by UL Standard 1004-5 (2008), and that DOE
should reference the newest standard if it is necessary to define a
fire pump motor. (NEMA, No. 12 at pp. 8-9)
Similarly, other attendees at the January 29, 2009, public meeting
questioned the proposed definition and scope of coverage for fire pump
motors. (Baldor, Public Meeting Transcript, No. 8 at pp. 112-113, 116-
119, 133-136)
DOE examined UL Standard 1004-5 (2008), including paragraph 1.2,
which reads as follows: ``Standard covers Design B polyphase motors, as
defined in NEMA MG 1, Motors and Generators, rated 500 horsepower (373
kW) or less, 600 volts or less, that are intended for use in accordance
with NFPA 20, the Standard for the Installation of Centrifugal Fire
Pumps.'' DOE then compared UL Standard 1004-5 (2008) with the
comparable text in UL Standard 1004A-2001, which contains virtually
identical language and concludes that the documents share the same
scope of coverage. In today's SNOPR, DOE proposes to further clarify
that a fire pump motor is an electric motor that is required to meet
certain safety and performance requirements set forth by NFPA Standard
20-2010, section 9.5, and UL Standard 1004-5 (2008).
However, similar to DOE's above proposal to adopt a broad
definition for a NEMA Design B motor, DOE does not agree that fire pump
motors are necessarily a subset of general purpose electric motors
(subtype I) or general purpose electric motors (as defined in this
SNOPR). It is DOE's understanding that all fire pump motors,
irrespective of whether they are considered general purpose or meet the
design constraints of general purpose electric motor (subtype I), would
be subject to energy conservation standards. For all of these reasons,
in today's SNOPR DOE proposes to define a fire pump motor as an
electric motor that is required to meet the performance and
construction requirements set forth by NFPA Standard 20-2010, section
9.5, and UL Standard 1004-5 (2008).
E. Fire Pump Motor Coverage
Section 313(b)(1)(B) of EISA 2007 amends EPCA section 342(b), to
prescribe energy conservation standards for fire pump motors by
referring to NEMA MG 1-2006 Table 12-11. That provision reads as
follows:
(B) FIRE PUMP MOTORS--Each fire pump motor manufactured (alone or
as a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of the Energy Independence and
Security Act of 2007 shall have nominal full load efficiency that is
not less than as defined in NEMA MG-1 (2006) Table 12-11.
(42 U.S.C. 6313(b)(2)(B))
On March 23, 2009, DOE published a technical amendment to 10 CFR
part 431 to adopt the energy conservation standards for fire pump
motors prescribed by EISA 2007. 74 FR 12058, 12072. The technical
amendment codified the energy conservation standards for fire pump
motors, contained in Table 12-11 of NEMA Standards Publication MG1-2006
(and Revision 1 to MG1-2006) which contains energy efficiency values
from 1 through 500 horsepower and covers 2-pole, 4-pole, 6-pole, and 8-
pole, open and enclosed fire pump motors. 74 FR 12061, 12072.
During the January 29, 2009, public meeting there appeared to be
some confusion over whether the covered range of horsepowers for fire
pump motors is 1-200 horsepower or 1-500 horsepower. (GE, Public
Meeting Transcript, No. 8 at p. 147; Navigant Consulting, Public
Meeting Transcript, No. 8 at pp. 147-148; WEG, Public Meeting
Transcript, No. 8 at pp. 148-149; NEMA, No. 12 at pp. 8-9; NEEA, No. 10
at p. 2). Further, Baldor alluded to an excerpt of the language under
EPCA section 342(b), as amended by section 313(b)(1)(B) of EISA 2007,
which provides ``GENERAL PURPOSE
[[Page 655]]
ELECTRIC MOTORS (SUBTYPE I).--Except as provided in subparagraph (B),
each general purpose electric motor (subtype I) with a power rating of
1 horsepower or greater, but not greater than 200 horsepower.'' (42
U.S.C. 6313(b)(2)(A)) Baldor opined that whether a fire pump motor
covered under 42 U.S.C. 6313(b)(2)(B) was limited to the same 1-200
horsepower range as a general purpose electric motor (subtype I) was a
matter of statutory interpretation. (Baldor, Public Meeting Transcript,
No. 8 at pp. 112-113,145, 149-50).
DOE understands that EISA 2007 section 313(b)(1)(A) sets energy
conservation standards for general purpose electric motors (subtype I)
with a rating of 1 through 200 horsepower and clearly excepts fire pump
motors from this subsection. (42 U.S.C. 6313(b)(2)(A)) EISA 2007
section 313(b)(1)(B), which prescribes energy conservation standards
for fire pump motors, does not, however, explicitly limit the standard
based on a motor's horsepower rating. (42 U.S.C. 6313(b)(2)(B))
Instead, fire pump motor manufacturers are required to meet the
requirements of NEMA Standard MG1-2006 Table 12-11, which covers 1
through 500 horsepower motors. (42 U.S.C. 6313(b)(2)(B)) Consequently,
DOE continues to believe that energy conservation standards DOE
promulgated in its March 23, 2009, technical amendment are the logical
result of provisions set forth in EISA section 313(b)(1)(B) and cannot
be construed as being a subset of subsection EISA section 313(b)(1)(A)
or subject to any constraints contained in subparagraph (A), including
horsepower rating constraints. DOE, therefore, proposes in today's
SNOPR that fire pump motor energy conservation standards apply to fire
pump motors rated 1 through 500 horsepower.
F. Energy Conservation Standards for Electric Motors
In addition to the above comments submitted about the definitions
for ``electric motor,'' ``general purpose electric motor (subtype I),''
``general purpose electric motor (subtype II),'' ``NEMA Design B
motor,'' and ``fire pump motor,'' commenters also submitted comments
(shown below) requesting clarification of the tables of electric motor
efficiency standards in 10 CFR 431.25.
DOE's current regulations require manufacturers of ``electric
motors'' to comply with the energy efficiency levels in 10 CFR
431.25(a), which were prescribed by EPAct in 1992, but do not specify a
sunset date. Section 313(b) of EISA 2007 amended EPCA to prescribe
energy conservation standards for general purpose electric motors
(subtype I and subtype II), with a compliance date of December 19,
2010. (42 U.S.C. 6313(b)(2)) These standards, and the compliance date,
were subsequently codified at 10 CFR 431.25(c) and (e) respectively.
Because EPAct does not specify an apparent terminus for the 1992
efficiency levels, NEMA argued that this was potentially confusing for
manufacturers to decide which provisions apply--the EPAct 1992 levels
or the EISA 2007 levels. Consequently, NEMA requested guidance on the
proper energy conservation standards for general purpose electric
motors (subtype I). (NEMA, No. 12 at p. 9) To address this issue, DOE
proposes to delete 10 CFR 431.25(a) to clarify that the standards in
this section no longer apply.
In view of the above statutory history and relationship of EPCA to
EPAct 1992 and to EISA 2007, DOE believes that the electric motor
standards prescribed by EPAct 1992 apply only to general purpose
electric motors (subtype I). DOE proposes that electric motors covered
under EPAct 1992 (general purpose electric motor (subtype I)), which
are manufactured or imported prior to December 19, 2010, were subject
to the EPAct 1992 energy conservation standards codified at 10 CFR
431.25(a). Further, DOE proposes that a general purpose electric motor
(subtype I) that is manufactured or imported on or after December 19,
2010, is subject to the EISA 2007 energy conservation standards that
are codified at 10 CFR 431.25(c).
In addition, in the December 2008 NOPR, DOE did not explicitly
state that a NEMA Design B general purpose electric motors that
otherwise meets the definition of a general purpose electric motors
(subtype I) is subject to the EISA 2007 energy conservation standards
that are codified at 10 CFR 431.25(c) NEMA expressed concern in
responding to the December 2008 NOPR that given the proposed
definitions and structure of 10 CFR 431.25, NEMA Design B general
purpose electric motors rated 1 horsepower or greater, but not greater
than 200 horsepower, would appear to remain at the levels established
by EPAct 1992 (codified at 10 CFR 431.25(a)).
To clarify the scope of energy conservation standards for NEMA
Design B motors from 1 through 200 horsepower, DOE proposes two
modifications of 10 CFR 431.25. First, because general purpose electric
motors (subtype I) include certain NEMA Design B motors, DOE proposes
to specify that NEMA Design B motors, rated 1 through 200 horsepower,
that are also general purpose electric motors (subtype I), are subject
to energy conservations standards in 10 CFR 431.25(c). Second, and
similarly, as general purpose electric motors (subtype II) include
certain NEMA Design B motors (e.g., footless motors), DOE proposes to
specify that NEMA Design B motors, rated 1 through 200 horsepower, that
are also general purpose electric motors (subtype II), are subject to
energy conservation standards in 10 CFR 431.25(e).
EISA 2007 also established energy conservations standards for
``NEMA Design B, general purpose electric motors'' rated greater than
200 horsepower but less than or equal to 500 horsepower, which were
later codified into the current version of 10 CFR 431.25(f). NEMA
asserts that the motor industry recognizes a ``NEMA Design B, general
purpose electric motor'' as a specific group of motors that fit the
definition of either ``electric motor'' from EPAct 1992 or ``general
purpose electric motor (subtype I)'' from EISA 2007.
DOE notes that EISA 2007 did not define ``NEMA Design B, general
purpose electric motor,'' ``NEMA Design B motor,'' or ``general purpose
electric motor.'' In the absence of any statutory definition, DOE views
the regulatory definition of ``general purpose motor'' that was in
place on EISA2007's enactment date as the proper definition for
``general purpose electric motor'' as used in the term ``NEMA Design B,
general purpose electric motor.'' The ``general purpose motor''
definition in place at the time of EISA's enactment is the same as the
``general purpose electric motor'' definition proposed today, with
minor differences for standards updates. DOE proposes that this
definition, read in conjunction with the definition of ``NEMA Design
B'' proposed in today's SNOPR, delineates the motors regulated under 10
CFR 431.25(f). DOE realizes that this interpretation could potentially
include NEMA Design B motors that are general purpose electric motors
that do not meet the proposed definition of ``general purpose electric
motor (subtype I)'' or ``general purpose electric motor (subtype II).''
It is DOE's understanding, however, that there are few, if any, NEMA
Design B motors that would be neither a subtype I or subtype II general
purpose electric motor. DOE requests comment on this specific issue.
Based on these comments and any additional information collected, DOE
may revise this proposed approach.
NEMA also noted that the energy efficiency standards tables
contained in 10 CFR 431.25(c)-(f) list motor ratings
[[Page 656]]
in horsepower but not equivalent kilowatts. NEMA requested that DOE
include kilowatt power ratings in the newly codified tables that
promulgate the EISA 2007 efficiency standards. (NEMA, No. 12 at p. 9)
Without this change, NEMA raised concerns that metric-rated motors
would not be covered. To ensure that the tables under 10 CFR 431.25(c)-
(f) apply to metric-rated, kilowatt-equivalent motors, DOE proposes to
amend the tables to provide an equivalent kilowatt rating for each
horsepower. Although the EISA 2007 definition for general purpose
electric motor (subtype I and subtype II) does not specifically mention
motors rated in kilowatts, as motors are rated under (IEC) standards,
DOE believes that the statute covers IEC motors that are identical or
equivalent to motors included in the statutory definition. DOE
understands that IEC motors generally can perform the identical
functions of EISA-covered electric motors. Comparable motors of both
types provide virtually identical amounts of rotational mechanical
power, and generally can operate or provide power for the same pieces
of machinery or equipment. A given industrial central air conditioner,
for example, could operate with either an IEC or NEMA motor with little
or no effect on performance. Providing equivalent kilowatt/horsepower
ratings would be consistent with the EPAct 1992 levels that are
codified at 10 CFR 431.25(a), and would clarify the applicability of
these standards levels.
Finally, DOE proposes to clarify in 10 CFR 431.11 that the electric
motors covered under subpart B are not small electric motors. DOE
believes that this clarification is necessary because electric motors
(covered under 10 CFR part 431, subpart B) and small electric motors
(covered under 10 CFR part 431, subpart X) are separate and unique
covered equipment with particular regulatory requirements.
G. References to International Electrotechnical Commission, National
Electrical Manufacturers Association, Institute of Electrical and
Electronics Engineers, and Canadian Standards Association Standards for
Electric Motors
After EISA 2007 struck and replaced the definition of electric
motor under 42 U.S.C. 6311(13), DOE subsequently proposed in the
December 2008 NOPR to remove the corresponding test standards
incorporated by reference under 10 CFR 431.15. These test standards
helped clarify critical elements in the definition of electric motor
under 10 CFR 431.12. 73 FR 78227. The standards incorporated by
reference included IEC Standards 60034-1 (1996), 60050-411 (1996),
60072-1 (1991), and 60034-12 (1980).
NEMA commented that when DOE adopted the content of EPAct 1992 into
10 CFR part 431, it recognized the necessity of including equivalent
motors designed in accordance with IEC standards that could be used in
the same applications as motors designed in accordance with NEMA MG1
standards. Although the IEC standards do not particularly identify
``general purpose motors,'' motors built according to IEC
specifications can be used interchangeably with NEMA motors in most
general purpose applications. Because of this fact, NEMA argued that
the applicable IEC standards should be retained in 10 CFR part 431, and
that motors constructed in accordance with those standards in metric-
equivalent ratings should be considered as covered equipment under 10
CFR part 431. (NEMA, No. 10 at p. 10)
DOE previously took such an approach when addressing IEC metric
motors in the final test procedure rule for electric motors at 64 FR
54142 (October 5, 1999). The inclusion of parenthetical references to
the IEC standards in the codified definition of ``electric motor''
under 10 CFR 431.2 (2000) clarified the applicability and coverage of
IEC (i.e. metric-equivalent) electric motors. For example, under the
EPAct 1992 definition of ``electric motor,'' a motor had to be
``continuous rated.'' DOE later clarified ``continuous rated'' in 10
CFR 431.2 (2000) to mean ``is rated for continuous duty (MG1)
operation, or is rated duty type S1 (IEC).'' Although the then-
statutory definition did not explicitly mention IEC motors, DOE
proposed that the term ``continuous rated'' apply to those electric
motors that are equivalent to the ``continuous duty operation'' rating
denoted by the parenthetical ``MG1'' or the equivalent IEC duty type
``S1.'' (See 61 FR 60440, 60442 (November 27, 1996) where it states
that ``[A]lthough the statutory definition of `electric motor' does not
specifically mention IEC motors, the Department believes that the Act
covers IEC motors that are identical or equivalent to motors included
in the statutory definition.'') DOE later codified this approach at 10
CFR 431.2. 64 FR 54143 (October 5, 1999).
DOE believes that EISA 2007 provides the same breadth of coverage
over IEC motors that are identical or equivalent to electric motors
built in accordance with MG1. As discussed earlier in this SNOPR, DOE
is proposing a revised definition of ``general purpose electric motor
(subtype I)'' and ``general purpose electric motor (subtype II)'' which
would incorporate IEC-equivalent motors. Thus, DOE proposes to maintain
IEC standards incorporated by reference in 10 CFR 431.15. In addition,
DOE proposes to adopt the updated versions of two of the IEC standards,
IEC Standards 60034-1 and 60034-12, to the 2004 and 2007 versions,
respectively.
NEMA also notes that a source to obtain IEC standards does not
appear in 10 CFR 431.15(d). (NEMA, No. 10 at p. 10) In response to
NEMA's comment, DOE proposes to reorganize and update 10 CFR 431.15 to
include each standard incorporated by reference with corresponding
updated information about how to obtain copies of these documents.
In addition, DOE notes that several electric motor definitions and
sections of 10 CFR part 431 reference outdated standards, such as NEMA
MG1-1993, IEEE 112-1996 Test Method B, CAN/CSA C390-93 (Test Method 1).
In this SNOPR, DOE proposes to update the following references
throughout 10 CFR part 431 to be consistent with current industry
standards: NEMA MG1-2009, IEEE 112-2004 Test Method B, and CAN/CSA
C390-10. DOE believes that the exceptions to IEEE 112-1996 Test Method
B contained in paragraph (2) of appendix B to subpart B, 2. Test
Procedures, are contained in the updated version of IEEE 112-2004 Test
Method B, although DOE accepts comments on this assessment. DOE does
not believe that the updated standards and test procedures will
adversely affect the measured losses and determined efficiency of an
electric motor, nor significantly change the meaning of a definition.
Finally, NEMA recently provided comments on the electric motors
framework document indicating that while the test data collection
methods for the updated versions of IEEE 112-2004 Test Method B and
CAN/CSA 390-10 are the same, there are differences in the methods in
which the efficiency is determined from the data.\7\ (NEMA, No. 0013 at
p. 2) DOE requests comment on this issue.
---------------------------------------------------------------------------
\7\ The written comments cited in this paragraph were submitted
to the docket of the energy conservation standards rulemaking for
electric motors (refer to http://www.regulations.gov, Docket No.
EERE-2010-BT-STD-0027; RIN number 1904-AC28).
---------------------------------------------------------------------------
H. National Institute of Standards and Technology/National Voluntary
Laboratory Accreditation Program Handbook 150-10 Update and Checklist
In the December 2008 NOPR, DOE proposed updating the current
reference to the 1995 edition of the NIST
[[Page 657]]
Handbook 150-10 to the 2007 edition. 73 FR 78228. Although following
the NIST/NVLAP Handbook is not a required part of the electric motors
test procedure, the Handbook provides important guidance for assuring
testing laboratory competency and is used by test facilities seeking
accreditation under 10 CFR 431.18, 431.19, and 431.36(a)(2).
At the January 30, 2009, public meeting, Baldor Electric expressed
concern that an update to NIST/NVLAP Handbook 150-10 could be
problematic because it refers to test methods that are different from
the updated test methods proposed by DOE. For example, the NIST/NVLAP
Handbook 150-10 refers to proficiency in IEEE 112-1996 Test Method B
and CSA C390-93 Test Method 1 to become an accredited laboratory.
(Baldor, Public Meeting Transcript, No. 8 at p. 178) Because these
industry test methods have been revised, DOE proposed to update 10 CFR
431.16, appendix A to subpart B, and 10 CFR 431.15 to be consistent
with current industry practice. 73 FR 78228. Also, DOE proposed that
NIST review this matter and consider updating the industry test methods
referenced in its NIST/NVLAP Handbook 150-10.
Subsequently, NIST reviewed its Handbook 150-10 and issued a formal
Laboratory Bulletin on March 19, 2009 (Lab Bulletin LB-42-2009) about
the Efficiency of Electric Motors Program. The Lab Bulletin made a
series of updates and corrections. Although NIST did not update its
references to CSA C390-93 Test Method 1, DOE and NIST have evaluated
the differences between the 1993 version and the updated version of the
Canadian standard and have initially determined that there is no
substantive difference between the two standards that would result in a
significant change in measured efficiency. Therefore, DOE is proposing
to adopt NIST/NVLAP Handbook 150-10 that references IEEE 112-2004
(November 2001), CSA C390-10 (March 2010), and NEMA MG1-2009 (April
2009).
A second issue relating to NIST/NVLAP Handbook 150-10 was raised
both at the January 30, 2009 public meeting and in subsequent written
comments. Baldor commented that while the NIST/NVLAP 150-10 Handbook is
available online, Baldor has had difficulty locating the current
checklist, formerly in the 1995 version of the handbook, which
systematically lists the laboratory testing requirements and the
applicable test procedures. Further, the 2007 edition of the handbook
does not address the test procedure used for accrediting a laboratory.
(Baldor, Public Meeting Transcript, No. 8 at pp. 166-167) NEMA
commented that it found a ``significant difference'' between the 1995
and 2007 editions of the NIST/NVLAP Handbook 150-10. NEMA noted that
the 1995 edition provides (1) information on the required accuracy of
the test equipment, (2) details of the test procedure to be used for
testing induction motors, and (3) a checklist for the purpose of
evaluating the test facility. NEMA expressed concern that the 2007
edition does not contain that technical information. NEMA noted that
according to clause 1.6.2 of NIST/NVLAP Handbook 150-10 (2007), all
NVLAP programs use a NIST Handbook 150 Checklist, but the document is
not easily found on the NIST Web site at http://www.nist.gov/index.html. NEMA commented that DOE should not reference the 2007
edition of NIST/NVLAP Handbook 150-10 until the NIST/NVLAP Handbook
150-10 Checklist is available to the public and DOE has examined it to
be certain it contains the same information about the accuracy of test
equipment and the procedure for testing that is in the 1995 edition.
NEMA requests that if DOE finds the checklist to be a proper substitute
for the provisions in the 1995 edition, then DOE should update 10 CFR
431.15(e)(2)(i) to refer to the 2007 edition of NIST/NVLAP Handbook
150-10 and add the 2007 Checklist 150-10 to the list of documents
incorporated by reference. (NEMA, No. 12 at pp. 11-12)
DOE consulted with NIST on this matter and learned that the NIST/
NVLAP Handbook 150-10 (2007) Checklist is available on the NIST Web
site at: http://ts.nist.gov/Standards/Accreditation/upload/NIST_HB_150_10_Checklist.pdf. Although there are minor differences between
the 1995 and 2007 Checklists, DOE is satisfied with the rigor and
requirements presented in the 2007 Checklist, which NIST has
established as the requirements for accreditation of a laboratory under
NIST/NVLAP Handbook 150-10. However, DOE does not agree with NEMA's
recommendation to incorporate by reference the NIST/NVLAP Handbook 150-
10 (2007) checklist into 10 CFR 431.15(e). The checklist is not a
requirement of the test procedure itself, but rather a document used to
accredit a testing facility as being capable of conducting the
necessary tests for evaluating the energy efficiency of an electric
motor. Finally, while DOE is aware that the 2007 version of the
checklist references IEEE 112-1996 and MG1-1993, DOE considers these
referenced documents to be updated by NIST Lab Bulletin LB-42-2009,
issued on March 19, 2009. DOE has also asked NIST to further update the
referenced standards to include IEEE 112-2004, CSA C390-10, and NEMA
MG1-2009.
I. Appendix A to Subpart B of Title 10 of the Code of Federal
Regulations Part 431
Section 313(a)(2) of EISA 2007 amended EPCA section 340(13)(A) to
set forth a new definition of ``electric motor,'' which included motors
not previously covered under EPCA, such as a footless motor, close-
coupled pump motor, and a vertical solid shaft normal thrust motor.
Prior to EISA 2007, the Policy Statement, under appendix A to subpart B
of 10 CFR part 431, provided interpretive guidance as to which types of
motors DOE viewed as covered under EPCA and how DOE would apply energy
conservation standards to electric motors that are components of
certain equipment. To accommodate the changes to section 340(13)(A) of
EPCA that EISA 2007 introduced, which removed much of the basis for
DOE's previous interpretive guidance, in the December 2008 NOPR, DOE
proposed to delete the contents of appendix A to subpart B, and replace
the existing policy statement with the term ``[Reserved].'' DOE also
proposed to maintain the outline structure of this subpart should DOE
decide in the future to clarify the scope of covered electric motors in
its regulations. 73 FR 78228 and 78237.
During the January 29, 2009, public meeting, Baldor commented that
removing the guidelines from appendix A to subpart B of 10 CFR part 431
would result in no guidance at present and leave open the possibility
to greatly expanded guidance in the future. (Baldor, Public Meeting
Transcript No. 8, p. 118)
To address this possibility, DOE is proposing, as an alternative,
to revise the contents of appendix A to provide guidance that
corresponds with EISA 2007 regarding general purpose electric motors.
As guidance, appendix A represents DOE's interpretation of existing
statutes and regulations but does not, and is not intended to, have the
force and effect of law.
Specifically, DOE proposes to eliminate references to enactment
dates that are no longer applicable and update the scope of coverage to
include general purpose electric motors (subtype I) and general purpose
electric motors (subtype II). DOE is not proposing to provide guidance
in-line with EISA 2007 for fire pump or NEMA Design B motors because
DOE does not think such guidance is necessary at this time,
[[Page 658]]
although DOE may add such guidance at a future date.
In addition, the Policy Statement addresses the bounds of standard
shaft dimensions applicable to general purpose electric motors (subtype
I) and general purpose electric motors (subtype II). It is DOE's
understanding that NEMA Standard MG1-2009 and IEC Standard 60072-1
(1991) specify tolerances for the shaft extension diameter and keyset
that relate to the fit between the shaft and the device mounted on the
shaft. DOE is aware that shafts of special diameter, length, or design
are often provided at a customer's request for use in particular
applications. However, there are electric motors with non-standard
shafts which could be used in most general purpose applications and
would then be considered ``general purpose electric motors (subtype
I)'' and ``general purpose electric motors (subtype II).'' DOE has
received inquiries regarding whether motors with shaft designs that are
not necessarily in conformance with the standard shaft types and
dimensions in NEMA MG1 or IEC 60072-1 are covered under EPCA. (Baldor,
No. 16; WEG, No. 17) In response to such inquiries and in view of
possible confusion in the marketplace, DOE is proposing to add guidance
on shaft diameter, length, shoulder location, and special designs under
section III of appendix A to subpart B of 10 CFR part 431.
DOE's guidance specifies the range of variation in motor
characteristics beyond which DOE interprets a motor to no longer be
general purpose for some specific technical design features. DOE
provides this guidance to help avoid market conditions where motor
manufacturers and manufacturers of equipment using motors avoid
increases in motor efficiency by making technical changes in motor
characteristics that do not make substantial changes in motor
application or use. DOE considers an empirical test of whether a
particular motor design variant can be used in many general purpose
applications to be whether many users of general purpose motors might
be willing to switch such motor design variants given a relatively
modest price differential between a general purpose motor and the motor
design variant.
Four general purpose motor design features that may technically be
changed while maintaining the general purpose application of a motor
include: (1) Shaft diameter, (2) shaft length, (3) shoulder location,
and (4) special shaft design features. In the proposed regulatory text,
DOE provides the following guidance on the amount of variation from
standard characteristics that maintains the general purpose
classification of a motor.
For shaft diameter, DOE provides guidance that any variation in the
shaft diameter between the standard shaft diameter of the next lower
and higher frame numbers series maintains the general purpose
classification of a motor.
For shaft length, DOE provides guidance that any shaft length
between and inclusive of 0.5 to 1.25 times the standard shaft length of
the motor maintains the general purpose classification of the motor.
For shoulder location, DOE provides guidance that an increase less
than or equal to 25% in either the ``BA'' (MG1) or ``C'' (IEC)
dimensions of the standard motor frame dimensions maintains the general
purpose classification of the motor.
For special shaft designs, DOE provides guidance that the special
shaft designs of a flat section in shaft (for pulley mounting), and
shafts with a threaded hole maintain the general purpose classification
of the motor. Alternatively, DOE is proposing guidance that shafts with
threads on the outside of the shaft or a stepped shaft do not currently
maintain their general purpose classification. If DOE receives
information that manufacturers are switching to motors with outside
thread and stepped shaft design variants to avoid efficiency
improvements, then DOE may change the guidance to classify motors with
outside threads and stepped shafts as general purpose electric motors.
J. Definition of Small Electric Motor
Subsequent to the publication of the July 7, 2009, small electric
motor test procedures final rule (74 FR 32059), Baldor expressed
concern over the clarity of certain key terms contained within the
statutory definition of a small electric motor, asking DOE to clarify
the statutory definition of ``small electric motor'' by interpreting
key phrases in the definition, specifically: ``General purpose,''
``induction motor,'' ``two-digit frame number series,'' and ``IEC
metric equivalent motors.'' (Baldor, No. 15 at p. 2) Baldor suggested
that DOE consider clarifying the definition by adding parenthetical
identifiers ``(MG1)'' and ``(IEC)'' to the definition after each of
these four key phrases to indicate the industry reference from which
DOE interprets the meaning of that phrase. (Baldor, No. 15 at p. 2)
These citations would then be expanded upon in the second paragraph of
the definition by providing explicit references to the relevant
sections of these industry documents. (Baldor, No. 15 at pp. 2-3)
DOE is currently involved in litigation regarding the final rule on
energy conservation standards for small electric motors. 75 FR 10874
(March 9, 2010). Because the definition of ``small electric motor'' is
at issue in the litigation, it is inappropriate for DOE to respond to
Baldor's concerns at this time.
K. Canadian Standards Association Test Procedures for Small Electric
Motors
In the December 2008 NOPR, DOE proposed three test methods from
which a manufacturer could select to measure the energy efficiency of
its covered small electric motors: IEEE Standard 114, IEEE Standard
112, or CAN/CSA Standard C747-94. 73 FR 78223, 78238. The choice of
test procedures was consistent with the choice of test methods for
electric motors listed in 10 CFR 431.16, where a manufacturer could
select either an IEEE or CSA test method for determining the efficiency
of covered 1-200 horsepower electric motors. DOE adopted IEEE Standard
114-2001 for single-phase small electric motors and both IEEE Standard
112-2004 Test Method A and Test Method B in its final rule for small
electric motors test procedures. 74 FR 32065-32066, 32073-74. Since
IEEE Standard 112 Test Method A applies to polyphase small electric
motors below 1 kilowatt (1.34 horsepower), DOE determined that Test
Method A would apply to polyphase small electric motors rated at or
below 1 horsepower, which is the first common horsepower rating below 1
kilowatt (1.34 horsepower). Similarly, IEEE Standard 112 Test Method B
would be applicable to polyphase small electric motors rated greater
than 1 horsepower. DOE also adopted CAN/CSA-C747-94 as an alternative
test method for single-phase motors. In the small electric motors test
procedure final rule, DOE stated that it was not adopting any
alternative test methods for polyphase small electric motors based on
CAN/CSA-747-94 or CAN/CSA-C390-10 Test Method 1 because there may be an
inconsistency in the measured efficiency associated with units tested
under IEEE Standard 112-2004 Test Method B and CAN/CSA-C747-94. 74 FR
32066.
In today's SNOPR, DOE proposes that a manufacturer may test
according to: (1) CAN/CSA C747-09 as an alternative to IEEE Standard
112 Test Method A for polyphase small electric motors rated less than
or equal to 1 horsepower (0.746 kilowatt); and (2) CAN/CSA-C390-10, as
an alternative to IEEE Standard 112 Test Method B for polyphase small
electric motors that
[[Page 659]]
have a rating greater than 1 horsepower (0.746 kilowatt). DOE believes
that using the CAN/CSA Standard C747-09 or CAN/CSA Standard C390-10 in
this manner will result in consistent measurements of energy efficiency
compared to the applicable IEEE Standard 112 and IEEE Standard 114 test
methods adopted in the small electric motors final rule and helps
promote harmonization of test methods internationally.
L. Small Electric Motor Represented Efficiency Value
In DOE's notice proposing energy conservation standards for small
electric motors, the term ``nominal full load efficiency'' was defined
as the arithmetic mean of the full load efficiency of a population of
motors. DOE received numerous comments on this definition, all of which
are summarized in its final rule on energy conservation standards for
small electric motors. 75 FR 10874 (March 9, 2010). Ultimately, DOE
agreed with comments made by NEMA and Baldor and concluded in its final
rule that it was not bound to establish energy conservation standards
in terms of nominal efficiency. Instead, DOE established energy
conservation standards for small electric motors in terms of ``average
full load efficiency.'' 75 FR 10914.
At the NOPR public meeting for small electric motor energy
conservation standards, held December 17, 2009, Baldor made several
comments regarding DOE's proposed definition for ``nominal full load
efficiency'' pertaining to small electric motors. 74 FR 61500 (November
24, 2009). First, Baldor commented that the proposed definition was too
similar to the existing definition for ``average full load efficiency''
and that it differed from the definition in NEMA MG-1, which would
confuse users of that voluntary industry guidance. (Baldor, Public
Meeting Transcript, No. 20.4 at pp. 112, 126-27). 75 FR 10914 (March 9,
2010). Next, Baldor commented that the proposed definition provided no
guidance for what constitutes a population of motors, and suggested
that the term be clarified. (Baldor, Public Meeting Transcript, No.
20.4 at pp. 112-13) These two comments were echoed by NEMA in its
written comments. (NEMA, No. 24 at pp. 10-16) Finally, Baldor commented
that the proposed definition infers that the arithmetic mean of the
full-load efficiencies of the population of motors is known and that
the nominal full load efficiency must be specified to be equal to the
arithmetic mean, which would provide no limit to the number of
different values of efficiency that might be marked on nameplates. In
other words, there are many populations or production runs of motors of
identical design, wherein each motor could have a slightly different
efficiency because of variations in materials, the manufacturing
process, and testing equipment. Consequently, there could be no limit
to the different arithmetic averages marked on small motor nameplates.
As such, Baldor requested further clarification on the determination of
any relationship between nominal full load efficiency and calculated
efficiency. (Baldor, Public Meeting Transcript, No. 20.4 at pp. 114,
125) \8\
---------------------------------------------------------------------------
\8\ The written comments cited in this paragraph were submitted
to the docket of the small electric motors energy conservation
standards rulemaking (Docket No. EERE-2007-BT-STD-0007; RIN number
1904-AB70).
---------------------------------------------------------------------------
In response to the December 2008 NOPR about test procedures for
small electric motors, NEMA also sought clarity on the use of the term
``nominal full load efficiency.'' NEMA noted that DOE had not provided
information on the value of efficiency for which test results are to be
compared for the purpose of determining compliance. NEMA asked how DOE
would require the full load efficiency to be represented on small
electric motors, noting that motors are not marked with the average
full load efficiency. (NEMA, No. 12 at p. 3).
In developing today's SNOPR, DOE considered the relevant comments
submitted to the energy conservation standards and test procedures
rulemakings. DOE recognizes that its standards for electric motors and
small electric motors use different metrics--i.e. nominal full load
efficiency (electric motors) and average full load efficiency (small
electric motors). The nominal efficiency values for electric motors are
based on a logical sequence of standard values in NEMA Standard MG1
Table 12-10 and is familiar to motor users. However, there is no
comparable set of standardized values adopted by NEMA for small
electric motors and there is no statutory requirement that efficiency
standards for these motors be set in terms of their nominal full load
efficiency. 74 FR 61431-32 (November 24, 2009).
As mentioned earlier, DOE established energy conservation standards
in terms of ``average full-load efficiency'' in the final rule. 75 FR
10914, 10947 (March 9, 2010). The analyses and results supporting the
final energy conservation standards levels for small electric motors
were calculated using a metric of average efficiency and DOE in this
SNOPR proposes procedures for reporting the average full load
efficiency of motors, consistent with the conservations standards for
small electric motors. With respect to the term ``nominal full load
efficiency,'' since this term is not used in the small electric motors
standard, DOE proposes leaving the term undefined. If DOE amends this
test procedure to measure the nominal full load efficiency of small
electric motors, this change will alter the applicable metric and will
require a change in the standard levels for small electric motors to
reflect the change in the efficiency metric. (42 U.S.C. 6293(e)).
However, DOE understands Baldor's concern to be primarily related to
the ambiguity of the definitions proposed in the energy conservations
standards NOPR and recognizes that the represented efficiency value has
yet to be defined. Therefore, in this SNOPR, DOE proposes procedures
for determining the represented efficiency for small electric motors
where the represented efficiency is that efficiency that corresponds to
a 5 percent increase in losses, compared to the tested efficiency of a
random sample of five or more units of a basic model. A very specific
technical issue on which DOE invites comment is whether the 5 percent
margin between the losses of the represented efficiency and the losses
corresponding to the sample average efficiency is large enough to
assure that the population of motor basic models is at least as
efficient as the represented efficiency.
M. Validation of the Small Electric Motor Alternative Efficiency
Determination Method
Section 343(a)(2) of EPCA requires that test procedures prescribed
for electric motors 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)) As discussed in the December 2008 NOPR,
DOE recognizes that 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, in turn, often
necessitate the development of new basic models.
In view of the substantial number of small electric motors that
could be subject to an individual testing requirement for each basic
model, in the final small electric motors test procedure rule, DOE
adopted a certification program that consisted of an alternative
efficiency determination method (AEDM). 74 FR 32067, 32073.
[[Page 660]]
An AEDM is a predictive mathematical model 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. (10 CFR 431.445) For each
basic model, the manufacturer must test a sample size of at least five
units selected at random according to the criteria adopted in section
10 CFR 431.445, ``Determination of Small Electric Motor Efficiency.''
After validating an AEDM's accuracy, the manufacturer may use that AEDM
to determine the efficiencies of other basic models of small electric
motors without further testing.
In the December 2008 NOPR, DOE proposed guidance about the
certification program for testing small electric motors, selecting
units from a basic model, and applying the results of the actual
testing to substantiate an AEDM. 73 FR 78223-24, 78238-39. Today, DOE
proposes additional requirements that are consistent with the AEDM
approach adopted for 1-200 horsepower electric motors. These proposals
help clarify portions of the AEDM procedure adopted in the final rule
for small electric motors. DOE invites comments from interested parties
on these requirements for a manufacturer to substantiate the accuracy
of its AEDM.
N. Small Electric Motor Nationally Recognized Certification Program
EPCA provides different requirements for determining the energy
efficiency of regulated small electric motors (two-digit NEMA frame)
and electric motors (three-digit NEMA frame). In particular, section
345(c) of EPCA directs the Secretary of Energy to require manufacturers
of ``electric motors'' to ``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.'' \9\ (42 U.S.C. 6316(c)) No such requirement for
independent testing or certification applies to small electric motors.
---------------------------------------------------------------------------
\9\ Further, 10 CFR 431.17(a)(5) provides for a manufacturer to
establish compliance either through (1) a certification program that
DOE has classified as nationally recognized, such as CAN/CSA or
Underwriters Laboratories, Inc., or (2) testing in any laboratory
that is accredited by the National Institute of Standards and
Technology/National Voluntary Laboratory Accreditation Program
(NIST/NVLAP).
---------------------------------------------------------------------------
In the December 2008 NOPR, DOE proposed to allow a manufacturer to
self-certify its small electric motors (i.e., not require ``independent
testing''), which DOE believes is consistent with the compliance
certification requirements for other commercial products such as high-
intensity discharge lamps and distribution transformers covered under
section 346 of EPCA.
In its comments to the NOPR, NEMA observed that many small electric
motors sold in the U.S. are also sold in Canada, and that Canadian
regulatory entities are considering following DOE's lead in developing
energy efficiency standards for small electric motors. (NEMA, No. 12 at
p. 4) NEMA noted that because the only means to certify compliance for
electric motors in Canada is through the CAN/CSA Energy Efficiency
Verification Program, it is likely that the Canadian government will
require small electric motors to be certified through the same CAN/CSA
Energy Efficiency Verification Program. NEMA requested that DOE
recognize independent third party efficiency certification programs for
small electric motors, but not mandate use of independent third party
certification programs or accreditation programs for testing
facilities. Rather, it stressed that DOE recognition of such programs
would encourage voluntary use of certification through third parties,
such as NIST/NVLAP. In addition, NEMA recommended that DOE allow
sufficient time for the approval of such programs and manufacturer
participation in such programs because no accreditation programs for
testing in accordance with IEEE Standard 112 Method A, IEEE Standard
114, or CAN/CSA-C747 currently exist.
NEEA expressed its support for a nationally recognized
certification program or accredited laboratory, according to the
requirements that currently apply to electric motors. (See 10 CFR
431.17(a)(5)) It recommended that DOE apply the same requirements to
the small electric motors covered in this rulemaking. (NEEA, No. 10 at
p. 2)
In view of the above comments, in this SNOPR, DOE is proposing to
add the same provisions regarding nationally recognized certification
programs to the small electric motors regulations as are currently
found in the electric motors regulations at 10 CFR 431.17(a)(5),
431.20, and 431.21. DOE is proposing to allow the use of such approved
programs although, in the future, DOE may require manufacturers to test
small electric motors through a nationally recognized certification
program or an independent testing program.
O. Issues Related to Compliance Certification and Enforcement of
Electric Motors and Small Electric Motors
In response to the December 2008 test procedure NOPR and the March
2010 small electric motor energy conservation standards NOPR, DOE
received comments on several topics pertaining to the compliance
certification and enforcement of electric motors and small electric
motors. These issues included: Definitions of ``basic model'' for
electric motors and small electric motors, enforcement of energy
conservation standards for electric motors and small electric motors,
compliance certification and submission of data requirements for
electric motors and small electric motors, and labeling requirements
for small electric motors. DOE plans to address these issues and others
in the second phase of its Compliance Certification and Enforcement
rulemaking. In this SNOPR, however, DOE requests further comment and
specific suggestions on how DOE should amend the provisions listed
above.
IV. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice or any aspect of this rulemaking no later than February 4, 2011.
Comments, data, and information submitted to DOE's e-mail address for
this rulemaking should be provided in WordPerfect, Microsoft Word,
portable data format (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, if possible. 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 of the information: 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. Although DOE will consider the submitter's views,
DOE will make its own determination as to the confidential status of
the information, and treat the
[[Page 661]]
information 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. (10 CFR
1004.11(f))
After the close of the comment period, DOE will review the comments
received and conduct further analyses as needed.
B. Issues on Which the Department of Energy Seeks Comment
Comments are welcome on all the issues raised in this SNOPR.
However, DOE is particularly interested in receiving comments
concerning the following issues:
1. Definition of Electric Motor
DOE invites comment on its proposed definition for ``electric
motor.'' DOE's proposed definition is intended to clarify the term
``electric motor'' in the context of EPCA, and to ensure that all four
motor types covered under EISA 2007 are covered under the broad
definition of electric motor. See section III.A for details.
2. Definition of General Purpose Electric Motors, Subtypes I and II
DOE invites comment on its proposed definitions for ``general
purpose electric motor (subtype I),'' ``general purpose electric motor
(subtype II),'' and ``general purpose electric motor.'' See section
III.B for details.
3. Definition of NEMA Design B Motor
DOE invites comment on its revised definition for ``NEMA Design B
Motor,'' which adopts a broad definition of a NEMA Design B motor
similar to that which was proposed in the December 2008, NOPR, but
maintains the provisions regarding 50 hertz, updates the NEMA MG1
reference, and eliminates any reference to NEMA Design B motors
necessarily being general purpose electric motors. See section III.C
for details.
4. Fire Pump Motors Definition
DOE invites comment on its proposed definition for ``fire pump
motors.'' See section III.D for details.
5. Fire Pump Motor Coverage
DOE invites comment on its interpretation of the scope of coverage
for fire pump motors. See section III.E for details.
6. Energy Conservation Standards for Electric Motors
DOE invites comment on its clarification of the applicability of
the energy conservation standards tables contained in 10 CFR 431.25.
See section III.F for details.
7. References to International Electrotechnical Commission, National
Electrical Manufacturers Association, Institute of Electrical and
Electronics Engineers, and Canadian Standards Association Standards for
Electric Motors
DOE invites comment on its proposal to incorporate updated versions
of the IEC, NEMA, IEEE, and CSA standards into 10 CFR part 431 to
facilitate and clarify coverage of electric motors, including metric-
equivalent motors. DOE also invites comments on whether the updates to
the test methods will change the efficiency of motors tested. See
section III.G for details.
8. National Institute of Standards and Technology/National Voluntary
Laboratory Accreditation Program Handbook 150-10 Update and Checklist
DOE invites comment on its proposal to reference NIST Handbook 150-
10, which has been updated by NIST to incorporate references to the
same test procedures proposed by DOE in the December 2008 NOPR. See
section III.H for details.
9. Appendix A to Subpart B of Title 10 of the Code of Federal
Regulations Part 431
DOE invites comment on its revision of the contents of appendix A
to provide guidance in line with the changes promulgated by EISA 2007,
including its proposed guidance concerning shaft dimensions, length,
shoulder location, and special designs. See section III.I for details.
10. Canadian Standards Association Test Procedure for Small Electric
Motors
DOE invites comment on its proposal to allow a manufacturer to use
CAN/CSA Standard C747-09 as an alternative to the IEEE Standard 112
Test Method A and IEEE Standard 114; and CAN/CSA Standard C390-10 as an
alternative to the IEEE Standard 112 Test Method B for small electric
motors. DOE may or may not promulgate these two alternative standards
in the final rule of this test procedure based on comments from
interested parties. See section III.K for details.
11. Small Electric Motor Represented Efficiency Value
DOE invites comment on its proposed definition of the represented
efficiency value. See section III.L for details.
12. Validation of the Small Electric Motor Alternative Efficiency
Determination Method
DOE invites comment on its proposed approach for using actual
testing to validate an AEDM model. The proposed method is consistent
with the approach followed by electric motor manufacturers for 1-200
horsepower motors currently in place. See section III.M for details.
13. Small Electric Motor Nationally Recognized Certification Program
DOE invites comment on its proposed approach to allow manufacturers
to certify compliance using a nationally recognized certification
program, similar to the program used for electric motors. DOE
specifically would like to know if independent third party compliance
certification or laboratory accredited programs for small electric
motors (1) currently exist for the appropriate small electric motors
test procedures, (2) if not should they be established, and (3) should
they be made mandatory or voluntary. See section III.N for details.
14. Issues Related to Compliance Certification and Enforcement of
Electric Motors and Small Electric Motors
DOE invites comment and specific suggestions on how DOE should
amend the provisions related to compliance certification and
enforcement, including the definition of ``basic model,'' enforcement
of energy conservation standards, and compliance certification and
submission of data requirements for electric motors and small electric
motors, as well as labeling requirements for small electric motors. See
section III.O for details.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under Executive Order 12866, ``Regulatory
[[Page 662]]
Planning and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, this
proposed action is not subject to review under that Executive Order by
the Office of Information and Regulatory Affairs of OMB.
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.
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. DOE reviewed today's SNOPR
under the provisions of the Regulatory Flexibility Act and the policies
and procedures published on February 19, 2003.
To estimate the number of small businesses impacted by the rule,
DOE considered the size standards for a small business listed by the
North American Industry Classification System (NAICS) code and
description, under 13 CFR 121.201. To be considered a small business, a
manufacturer of electric motors or small electric motors and its
affiliates may employ a maximum of 1,000 employees. DOE estimates that
there are approximately 20 domestic motor manufacturers that
manufacture electric motors or small electric motors covered by EPCA,
and no more than six of these manufacturers are small businesses
employing a maximum of 1,000 employees. These estimates are based on
analyses DOE conducted in the final rule establishing energy
conservation standards for small electric motors at 75 FR 10874 (March
9, 2010) and the final rule that set forth test procedures for electric
motors at 64 FR 54114 (October 5, 1999). In these previous rules, DOE
calculated the number of motor manufacturers, including which of those
manufacturers are small businesses, based on interviews with motor
manufacturers and publicly available data.
The SNOPR proposes additional test procedures that are consistent
with current industry practice, clarifies definitions for certain key
terms, clarifies the scope of energy conservation standards for
electric motors, and updates references to standards publications and
test procedures otherwise incorporated by reference. DOE believes that
the cost of complying with the test procedures proposed in this SNOPR
would not impose significant economic costs on motor manufacturers that
are small businesses because many, if not most, motor manufacturers are
already manufacturing their electric motors or small electric motors to
the latest industry-developed energy efficiency performance standards
that are the basis for the standards in EPCA and in Title 10 of the
Code of Federal Regulations, Part 431 (10 CFR part 431). In addition,
the SNOPR promotes consistency with current industry test procedures
and methodologies because the SNOPR is not proposing 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 Std 114, IEEE Std 112; CSA
C390, and CAN/CSA C747.) DOE elaborated on these analyses in the
December 22, 2008, test procedure notice of proposed rulemaking (NOPR),
which today's SNOPR supplements. 73 FR 78220. DOE believes that the
costs imposed on manufacturers of electric motors and small electric
motors as a result of today's SNOPR are not greater than the costs that
would have been imposed on these manufacturers under the December 22,
2008 NOPR.
Moreover, DOE previously considered the one comment it received
regarding impacts on small businesses in the small motors test
procedure rulemaking at 64 FR 54114 (October 5, 1999). The commenter
recommended that DOE provide more than one agency to certify and/or
accredit labs and provide a simple procedure to verify electric motor
compliance with EPCA efficiency levels. DOE addressed these concerns by
finalizing a rule that provided multiple ways to certify compliance and
adopted simple, repeatable, and statistically valid sampling
procedures.
Based on the above, DOE believes that the test procedure amendments
proposed in today's SNOPR will not have a significant impact on a
substantial number of small entities and that a Regulatory Flexibility
Act analysis is therefore not required. Accordingly, DOE has not
prepared a regulatory flexibility analysis for this rulemaking. DOE
provided the Chief Counsel for Advocacy of the Small Business
Administration a certification and supporting statement of factual
basis pursuant to 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
Manufacturers of covered electric motors must certify to DOE that
their electric motors comply with any applicable energy conservation
standard. In certifying compliance, manufacturers must test their
electric motors according to the DOE test procedure for electric
motors, including any amendments adopted for that test procedure. DOE
has proposed regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including electric motors. 75 FR 56796 (September 16, 2010).
The collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been submitted to
OMB for approval. Public reporting burden for the certification is
estimated to average 20 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to Ms.
Brenda Edwards, U.S. Department of Energy, Building Technologies
Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121 and e-mail to [email protected].
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
[[Page 663]]
D. Review Under the National Environmental Policy Act
In this notice, DOE proposes limited revisions to 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 accountability 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, no action is required under
Executive Order 13132.
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, 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 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 supplemental
proposed rule does not establish any new or amended test procedures
that would be used in measuring the energy efficiency of electric
motors or small electric motors--it merely clarifies existing
definitions and test procedures. This supplemental proposed rule would,
therefore, not result in the expenditure of $100 million or more in any
year. Accordingly, no assessment or analysis is required under the
UMRA.
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 supplemental 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 supplemental
proposed 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, 44 U.S.C. 3516) 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 supplemental proposed rule
under the OMB and DOE
[[Page 664]]
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 Executive Order 12866; it 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) CAN/CSA C390-10,
Test methods, marking requirements, and energy efficiency levels for
three-phase induction motors, March 22, 2010; (2) CAN/CSA C747-09,
Energy efficiency test methods for small motors, October 1, 2009; (3)
IEC Standard 60034-1 (2010), Rotating Electrical Machines, Part 1:
Rating and Performance, Section 4: Duty, clause 4.2.1 and Figure 1; (4)
Standard 60034-12 (2007), Rotating Electrical Machines, Part 12:
Starting Performance of Single-Speed Three-Phase Cage Induction Motors,
clauses 5.2, 5.4, 6, and 8, and Tables 1, 2, 3, 4, 5, 6, and 7; and (5)
NEMA Standards Publication MG1-2009 Section I (Part 1), Section I (Part
4), Section II (Part 12), and Section II (Part 14).
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,
Incorporation by reference, Reporting and recordkeeping requirements.
Issued in Washington, DC, on December 15, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend part
431 of chapter II of title 10, Code of Federal Regulations, 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 431.11 is revised to read as follows:
Sec. 431.11 Purpose and scope.
This subpart contains energy conservation requirements for electric
motors. It contains test procedures that EPCA requires DOE to
prescribe, related requirements, energy conservation standards
prescribed by EPCA, labeling rules, and compliance procedures. It also
identifies materials incorporated by reference in this part. This
subpart does not cover ``small electric motors,'' which are addressed
in subpart X of this part.
3. Section 431.12 is amended by revising the introductory text,
revising the definitions of ``accreditation,'' ``definite purpose
motor,'' ``general purpose electric motor (subtype I),'' ``general
purpose electric motor (subtype II),'' and ``nominal full load
efficiency,'' by removing the definition of ``general purpose motor''
and by adding in alphabetical order, new definitions for ``electric
motor,'' ``fire pump motor,'' ``general purpose electric motor,'' and
``NEMA Design B motor'' to read as follows:
Sec. 431.12 Definitions.
The following definitions apply for purposes of this subpart, and
of subparts U and V 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 IEEE
Standard 112-2004 and CAN/CSA Standard C390-10 (incorporated by
reference, see Sec. 431.15).
* * * * *
Definite purpose motor means any motor designed in standard ratings
with standard operating characteristics or standard mechanical
construction for use under service conditions other than usual, such as
those specified in NEMA Standards Publication MG1-2009, paragraph 14.3,
``Unusual Service Conditions,'' (incorporated by reference, see Sec.
431.15) or for use on a particular type of application, and which
cannot be used in most general purpose applications.
* * * * *
Electric motor means a machine that converts electrical power into
rotational mechanical power.
* * * * *
Fire pump motor means an electric motor that meets the performance
and construction requirements of section 9.5 of National Fire
Protection Association (NFPA) Standard 20-2010, ``Standard for the
Installation of Stationary Pumps for Fire Protection,'' and
Underwriters Laboratories (UL) 1004-5, ``Standard for Fire Pump
Motors,'' dated September 15, 2008.
* * * * *
[[Page 665]]
General purpose electric motor means any electric motor that is
designed in standard ratings with either:
(1) Standard operating characteristics and mechanical construction
for use under usual service conditions, such as those specified in NEMA
Standards Publication MG1-2009, 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 MG1-2009, 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. These cited examples of standard
operating characteristics and mechanical construction are for
illustrative purposes only.
General purpose electric motor (subtype I) means a general purpose
electric motor that:
(1) Is a single-speed induction motor (MG1);
(2) Is rated for continuous duty (MG1) operation or for duty type
S1 (IEC);
(3) Contains a squirrel-cage (MG1) or cage (IEC) rotor;
(4) Has foot-mounting that may include foot-mounting with flanges
or detachable feet;
(5) Is built in accordance with NEMA T-frame dimensions (MG1) or
their IEC metric equivalents (IEC);
(6) Has performance in accordance with NEMA Design A (MG1) or B
characteristics or equivalent designs such as IEC Design N (IEC);
(7) Operates on polyphase alternating current 60-hertz sinusoidal
power, and:
(i) Is rated 230 or 460 volts (or both) including motors rated at
multiple voltages that include 230 or 460 volts (or both), or
(ii) Can be operated on 230 or 460 volts (or both); and
(8) Includes, but is not limited to, explosion-proof construction.
Note to Definition of General purpose electric motor (subtype
I): Terms in this definition followed by the parenthetical ``MG1''
must be construed with reference to provisions in NEMA Standards
Publication MG1-2009 (incorporated by reference in Sec. 431.15),
and elements followed by the parenthetical ``IEC'' must be construed
with reference to the IEC Standards (incorporated by reference in
Sec. 431.15). 10 CFR part 431, subpart B applies to general purpose
electric motors (subtype I) even if the NEMA or IEC-equivalent frame
size or design element has been discontinued or is discontinued in
the future.
General purpose electric motor (subtype II) means any general
purpose electric motor that incorporates design elements of a general
purpose electric motor (subtype I) but, unlike a general purpose
electric motor (subtype I), is configured in one or more of the
following ways:
(1) Is built in accordance with NEMA U-frame dimensions (MG1) or
their IEC metric equivalents (IEC);
(2) Has performance in accordance with NEMA Design C
characteristics (MG1) or equivalent designs such as IEC Design H (IEC);
(3) Is a close-coupled pump motor;
(4) Is a footless motor;
(5) Is a vertical solid shaft normal thrust motor (as tested in a
horizontal configuration) (MG1);
(6) Is an eight-pole motor (900 rpm); or
(7) Is a polyphase motor with voltage of not more than 600 volts
(other than 230 or 460 volts).
Note to Definition of General purpose electric motor (subtype
II): Terms in this definition followed by the parenthetical ``MG1''
must be construed with reference to provisions in NEMA Standards
Publication MG1-2009 (incorporated by reference in Sec. 431.15),
and elements followed by the parenthetical ``IEC'' must be construed
with reference to the IEC Standards (incorporated by reference in
Sec. 431.15). 10 CFR part 431, subpart B applies to general purpose
electric motors (subtype I) even if the NEMA or IEC-equivalent frame
size or design element has been discontinued or is discontinued in
the future.
* * * * *
NEMA Design B 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 of NEMA Standards Publication MG1-2009
(incorporated by reference, see Sec. 431.15), drawing locked-rotor
current not to exceed the values shown in section 12.35.1 for 60 hertz
and 12.35.2 for 50 hertz of NEMA Standards Publication MG1-2009, 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-
2009, (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. A new Sec. 431.14 is added to read as follows:
Sec. 431.14 Sources for information and guidance.
(a) 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.
(b) NVLAP. National Voluntary Laboratory Accreditation Program,
National Institute of Standards and Technology, 100 Bureau Drive, M/S
2140, Gaithersburg, MD 20899.
(1) NVLAP Handbook 150, Procedures and General Requirements, March
1994.
(2) NVLAP Handbook 150-10, Efficiency of Electric Motors, August
1995.
(c) ISO/IEC. International Organization for Standardization (ISO),
1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland/
International Electrotechnical Commission, 3, rue de Varemb[eacute],
P.O. Box 131, CH-1211 Geneva 20, Switzerland.
(1) ISO/IEC Guide 25, General requirements for the competence of
calibration and testing laboratories, 1990.
(2) ISO Guide 27, 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,
1983.
(3) ISO/IEC Guide 28, General rules for a model third-party
certification system for products, 2004.
(4) ISO/IEC Guide 58, Calibration and testing laboratory
accreditation systems--General requirements for operation and
recognition, 1993.
(5) ISO/IEC Guide 65, General requirements for bodies operating
product certification systems, 1996.
5. Section 431.15 is revised to read as follows:
Sec. 431.15 Materials incorporated by reference.
(a) General. The Department of Energy incorporates by reference the
following standards and test procedures into subpart B of part 431. The
Director of the Federal Register has approved the material listed for
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Any
[[Page 666]]
subsequent amendment to a standard by the standard-setting organization
will not affect DOE regulations unless and until DOE amends its test
procedures. Material is incorporated 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. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, this material is
available for inspection at U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, Sixth
Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945,
or go to http://www1.eere.energy.gov/buildings/appliance_standards/.
(b) CAN/CSA. Canadian Standards Association, Sales Department, 5060
Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-
463-6727, or go to http://www.shopcsa.ca/onlinestore/welcome.asp.
(1) CSA C390-10, Test methods, marking requirements, and energy
efficiency levels for three-phase induction motors, March 22, 2010, IBR
approved for Sec. Sec. 431.12; 431.16; 431.19; 431.20; appendix B to
subpart B of part 431.
(2) [Reserved]
(c) IEC. International Electrotechnical Commission Central Office,
3, rue de Varemb[eacute], P.O. Box 131, CH-1211 Geneva 20, Switzerland,
+41 22 919 02 11, or go to http://webstore.iec.ch.
(1) International Electrotechnical Commission Standard 60034-1
(2010), Rotating Electrical Machines, Part 1: Rating and Performance,
Section 4: Duty, clause 4.2.1 and Figure 1, IBR approved for Sec.
431.12.
(2) International Electrotechnical Commission Standard 60050-411
(1996), International Electrotechnical Vocabulary Chapter 411: Rotating
machines, sections 411-33-07 and 411-37-26, IBR approved for Sec.
431.12.
(3) International Electrotechnical Commission Standard 60072-1
(1991), Dimensions and Output Series for Rotating Electrical Machines--
Part 1: Frame numbers 56 to 400 and flange numbers 55 to 1080, clauses
2, 3, 4.1, 6.1, 7, and 10, and Tables 1, 2, and 4, IBR approved for
Sec. 431.12.
(4) International Electrotechnical Commission Standard 60034-12
(2007), Rotating Electrical Machines, Part 12: Starting Performance of
Single-Speed Three-Phase Cage Induction Motors, clauses 5.2, 5.4, 6,
and 8, and Tables 1, 2, 3, 4, 5, 6, and 7, IBR approved for Sec.
431.12.
(d) IEEE. Institute of Electrical and Electronics Engineers
Standard 112 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), or http://www.ieee.org/web/publications/home/index.html.
(1) Institute of Electrical and Electronics Engineers, Inc.,
Standard 112-2004, Test Procedure for Polyphase Induction Motors and
Generators, Test Method B, Input-Output with Loss Segregation, 4
November 2004, IBR approved for Sec. Sec. 431.12; 431.16; 431.19;
431.20; appendix B to subpart B of part 431.
(2) [Reserved]
(e) NEMA. National Electrical Manufacturers Association, 1300 North
17th Street, Suite 1752, Rosslyn, Virginia 22209, 703-841-3200, or go
to http://www.nema.org/.
(1) The following provisions of NEMA Standards Publication MG1-
2009, Motors and Generators, IBR approved for Sec. Sec. 431.12;
431.31; appendix A to subpart B; and appendix B to subpart B of part
431:
(i) Section I, General Standards Applying to All Machines, Part 1,
Referenced Standards and Definitions, paragraphs 1.18.1, 1.18.1.1,
1.19.1.1, 1.19.1.2, 1.19.1.3, and 1.40.1, IBR approved for Sec.
431.12;
(ii) Section I, General Standards Applying to All Machines, Part 4,
Dimensions, Tolerances, and Mounting, paragraphs 4.1, 4.2.1, 4.2.2,
4.4.1, 4.4.2, 4.4.4, 4.4.5, and 4.4.6, Figures 4-1, 4-2, 4-3, 4-4, and
4-5, and Table 4-2, IBR approved for Sec. 431.12;
(iii) Section II, Small (Fractional) and Medium (Integral)
Machines, Part 12, Tests and Performance--AC and DC Motors, paragraphs
12.35.1, 12.38.1, 12.38.2, 12.39.1, 12.39.2, and 12.40.1, 12.40.2,
12.58.1, and Tables 12-2 and 12-10, IBR approved for Sec. 431.12, and
paragraph 12.58.2, IBR approved for Sec. 431.31; and
(iv) 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) [Reserved]
6. Section 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 part 285. The National
Voluntary Laboratory Accreditation Program, ``Procedures and General
Requirements,'' NIST Handbook 150-10, February 2007, and Lab Bulletin
LB-42-2009, Efficiency of Electric Motors Program, (see Sec.
431.15(f)(2)(i)), present the technical requirements of NVLAP 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 part 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 after 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,
(301) 975-4016 (telephone), or (301) 926-2884 (fax).
7. Section 431.19, paragraphs (b)(4) and (c)(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 CSA Standard C390-10 (incorporated by reference, see Sec. 431.15)
or similar procedures and methodologies for determining the energy
efficiency of electric motors.
(c) * * *
(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 CSA
Standard C390-10 (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 25, General Requirements for the Competence of
Calibration and Testing Laboratories, (see Sec. 431.15(f)(2)(ii)) to
[[Page 667]]
energy efficiency testing for electric motors.
* * * * *
8. Section 431.20 is amended by revising paragraphs (b)(4) and
(c)(4) to read as follows:
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 C390-10 (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) * * *
(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 CSA Standard
C390-10 (incorporated by reference, see Sec. 431.15) and with similar
procedures and methodologies for electric. This part of the petition
should include a 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 25, General requirements for the competence of
calibration and testing laboratories, to energy efficiency testing for
electric motors.
* * * * *
9. Section 431.25 is revised to read as follows:
Sec. 431.25 Energy conservation standards.
(a) Except as provided in paragraph (b) of this section, each
general purpose electric motor (subtype I) with a power rating of 1
horsepower or greater, but not greater than 200 horsepower, including a
NEMA Design B motor that is a general purpose electric motor (subtype
I), manufactured (alone or as a component of another piece of
equipment) shall have a nominal full load efficiency no less than the
following:
Nominal Full-Load Efficiencies of General Purpose Electric Motors
[Subtype I]
----------------------------------------------------------------------------------------------------------------
Nominal full-load efficiency
-----------------------------------------------------------------
Open motors (number of poles) Enclosed motors (number of
Motor horsepower/ standard kilowatt equivalent --------------------------------- poles)
--------------------------------
6 4 2 6 4 2
----------------------------------------------------------------------------------------------------------------
1/.75......................................... 82.5 85.5 77.0 82.5 85.5 77.0
1.5/1.1....................................... 86.5 86.5 84.0 87.5 86.5 84.0
2/1.5......................................... 87.5 86.5 85.5 88.5 86.5 85.5
3/2.2......................................... 88.5 89.5 85.5 89.5 89.5 86.5
5/3.7......................................... 89.5 89.5 86.5 89.5 89.5 88.5
7.5/5.5....................................... 90.2 91.0 88.5 91.0 91.7 89.5
10/7.5........................................ 91.7 91.7 89.5 91.0 91.7 90.2
15/11......................................... 91.7 93.0 90.2 91.7 92.4 91.0
20/15......................................... 92.4 93.0 91.0 91.7 93.0 91.0
25/18.5....................................... 93.0 93.6 91.7 93.0 93.6 91.7
30/22......................................... 93.6 94.1 91.7 93.0 93.6 91.7
40/30......................................... 94.1 94.1 92.4 94.1 94.1 92.4
50/37......................................... 94.1 94.5 93.0 94.1 94.5 93.0
60/45......................................... 94.5 95.0 93.6 94.5 95.0 93.6
75/55......................................... 94.5 95.0 93.6 94.5 95.4 93.6
100/75........................................ 95.0 95.4 93.6 95.0 95.4 94.1
125/90........................................ 95.0 95.4 94.1 95.0 95.4 95.0
150/110....................................... 95.4 95.8 94.1 95.8 95.8 95.0
200/150....................................... 95.4 95.8 95.0 95.8 96.2 95.4
----------------------------------------------------------------------------------------------------------------
(b) Each fire pump motor manufactured (alone or as a component of
another piece of equipment) shall have a nominal full load efficiency
no less than the following:
Nominal Full-Load Efficiencies of Fire Pump Motors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nominal full-load efficiency
---------------------------------------------------------------------------------------
Motor horsepower/ standard kilowatt equivalent Open motors (number of poles) Enclosed motors (number of poles)
---------------------------------------------------------------------------------------
8 6 4 2 8 6 4 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
1/.75........................................................... 74.0 80.0 82.5 - 74.0 80.0 82.5 75.5
1.5/1.1......................................................... 75.5 84.0 84.0 82.5 77.0 85.5 84.0 82.5
2/1.5........................................................... 85.5 85.5 84.0 84.0 82.5 86.5 84.0 84.0
3/2.2........................................................... 86.5 86.5 86.5 84.0 84.0 87.5 87.5 85.5
5/3.7........................................................... 87.5 87.5 87.5 85.5 85.5 87.5 87.5 87.5
7.5/5.5......................................................... 88.5 88.5 88.5 87.5 85.5 89.5 89.5 88.5
10/7.5.......................................................... 89.5 90.2 89.5 88.5 88.5 89.5 89.5 89.5
[[Page 668]]
15/11........................................................... 89.5 90.2 91.0 89.5 88.5 90.2 91.0 90.2
20/15........................................................... 90.2 91.0 91.0 90.2 89.5 90.2 91.0 90.2
25/18.5......................................................... 90.2 91.7 91.7 91.0 89.5 91.7 92.4 91.0
30/22........................................................... 91.0 92.4 92.4 91.0 91.0 91.7 92.4 91.0
40/30........................................................... 91.0 93.0 93.0 91.7 91.0 93.0 93.0 91.7
50/37........................................................... 91.7 93.0 93.0 92.4 91.7 93.0 93.0 92.4
60/45........................................................... 92.4 93.6 93.6 93.0 91.7 93.6 93.6 93.0
75/55........................................................... 93.6 93.6 94.1 93.0 93.0 93.6 94.1 93.0
100/75.......................................................... 93.6 94.1 94.1 93.0 93.0 94.1 94.5 93.6
125/90.......................................................... 93.6 94.1 94.5 93.6 93.6 94.1 94.5 94.5
150/110......................................................... 93.6 94.5 95.0 93.6 93.6 95.0 95.0 94.5
200/150......................................................... 93.6 94.5 95.0 94.5 94.1 95.0 95.0 95.0
250/186......................................................... 94.5 95.4 95.4 94.5 94.5 95.0 95.0 95.4
300/224......................................................... ......... 95.4 95.4 95.0 ......... 95.0 95.4 95.4
350/261......................................................... ......... 95.4 95.4 95.0 ......... 95.0 95.4 95.4
400/298......................................................... ......... ......... 95.4 95.4 ......... ......... 95.4 95.4
450/336......................................................... ......... ......... 95.8 95.8 ......... ......... 95.4 95.4
500/373......................................................... ......... ......... 95.8 95.8 ......... ......... 95.8 95.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) Each general purpose electric motor (subtype II) with a power
rating of 1 horsepower or greater, but not greater than 200 horsepower,
including a NEMA Design B motor that is a general purpose electric
motor (subtype II), manufactured (alone or as a component of another
piece of equipment) shall have a nominal full load efficiency no less
than the following:
Nominal Full-Load Efficiencies of General Purpose Electric Motors
[Subtype II]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nominal full-load efficiency
---------------------------------------------------------------------------------------
Motor horsepower/ standard kilowatt equivalent Open motors (number of poles) Enclosed motors (number of poles)
---------------------------------------------------------------------------------------
8 6 4 2 8 6 4 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
1/.75........................................................... 74.0 80.0 82.5 ......... 74.0 80.0 82.5 75.5
1.5/1.1......................................................... 75.5 84.0 84.0 82.5 77.0 85.5 84.0 82.5
2/1.5........................................................... 85.5 85.5 84.0 84.0 82.5 86.5 84.0 84.0
3/2.2........................................................... 86.5 86.5 86.5 84.0 84.0 87.5 87.5 85.5
5/3.7........................................................... 87.5 87.5 87.5 85.5 85.5 87.5 87.5 87.5
7.5/5.5......................................................... 88.5 88.5 88.5 87.5 85.5 89.5 89.5 88.5
10/7.5.......................................................... 89.5 90.2 89.5 88.5 88.5 89.5 89.5 89.5
15/11........................................................... 89.5 90.2 91.0 89.5 88.5 90.2 91.0 90.2
20/15........................................................... 90.2 91.0 91.0 90.2 89.5 90.2 91.0 90.2
25/18.5......................................................... 90.2 91.7 91.7 91.0 89.5 91.7 92.4 91.0
30/22........................................................... 91.0 92.4 92.4 91.0 91.0 91.7 92.4 91.0
40/30........................................................... 91.0 93.0 93.0 91.7 91.0 93.0 93.0 91.7
50/37........................................................... 91.7 93.0 93.0 92.4 91.7 93.0 93.0 92.4
60/45........................................................... 92.4 93.6 93.6 93.0 91.7 93.6 93.6 93.0
75/55........................................................... 93.6 93.6 94.1 93.0 93.0 93.6 94.1 93.0
100/75.......................................................... 93.6 94.1 94.1 93.0 93.0 94.1 94.5 93.6
125/90.......................................................... 93.6 94.1 94.5 93.6 93.6 94.1 94.5 94.5
150/110......................................................... 93.6 94.5 95.0 93.6 93.6 95.0 95.0 94.5
200/150......................................................... 93.6 94.5 95.0 94.5 94.1 95.0 95.0 95.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
(d) Each NEMA Design B motor that is a general purpose electric
motor with a power rating of more than 200 horsepower, but not greater
than 500 horsepower, manufactured (alone or as a component of another
piece of equipment) shall have a nominal full load efficiency no less
than the following:
[[Page 669]]
Nominal Full-Load Efficiencies of NEMA Design B General Purpose Electric Motors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nominal full-load efficiency
---------------------------------------------------------------------------------------
Motor horsepower/ standard kilowatt equivalent Open motors (number of poles) Enclosed motors (number of poles)
---------------------------------------------------------------------------------------
8 6 4 2 8 6 4 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
250/186......................................................... 94.5 95.4 95.4 94.5 94.5 95.0 95.0 95.4
300/224......................................................... ......... 95.4 95.4 95.0 ......... 95.0 95.4 95.4
350/261......................................................... ......... 95.4 95.4 95.0 ......... 95.0 95.4 95.4
400/298......................................................... ......... ......... 95.4 95.4 ......... ......... 95.4 95.4
450/336......................................................... ......... ......... 95.8 95.8 ......... ......... 95.4 95.4
500/373......................................................... ......... ......... 95.8 95.8 ......... ......... 95.8 95.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) For purposes of determining the required minimum nominal full
load efficiency of an electric motor that has a horsepower or kilowatt
rating between two horsepower or two kilowatt ratings listed in any
table of energy conservation standards in paragraphs (a) through (d) of
this section, each such motor shall be deemed to have a listed
horsepower or kilowatt rating, determined as follows:
(1) A horsepower at or above the midpoint between the two
consecutive horsepowers shall be rounded up to the higher of the two
horsepowers;
(2) A horsepower below the midpoint between the two consecutive
horsepowers shall be rounded down to the lower of the two horsepowers;
or
(3) A kilowatt rating shall be directly converted from kilowatts to
horsepower using the formula 1 kilowatt = (1/0.746) horsepower. The
conversion should be calculated to three significant decimal places,
and the resulting horsepower shall be rounded in accordance with
paragraphs (e)(1) or (e)(2) of this section, whichever applies.
(f) This section does not apply to definite purpose motors, special
purpose motors, or those motors exempted by the Secretary.
10. 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 MG1-2009, (incorporated by reference, see Sec. 431.15)
as for example ``NEMA Nom. Eff. ----.'' The DOE number shall be in the
form ``CC----.
* * * * *
11. Appendix A to subpart B of part 431 is revised to read as
follows:
Appendix A to Subpart B of Part 431--Policy Statement for Electric
Motors Covered Under the Energy Policy and Conservation Act
This is in part an update to a reprint of a policy statement
that was originally published on November 5, 1997 at 62 FR 59978 and
is herein modified according to the Energy Policy and Conservation
Act, as amended by the Energy Independency and Security Act of 2007.
Policy Statement for Electric Motors Covered Under the Energy Policy
and Conservation Act
I. Introduction
The Energy Policy and Conservation Act (EPCA), 42 U.S.C. 6311,
et seq., as amended by the Energy Policy Act of 1992 (EPAct 1992),
established energy efficiency standards and test procedures for
certain commercial and industrial electric motors manufactured
(alone or as a component of another piece of equipment).\1\ EPCA
also directs the Department of Energy (DOE or Department) to
implement the statutory test procedures prescribed for motors, and
to require efficiency labeling of motors and certification that
covered motors comply with the standards. (42 U.S.C. 6314-6315)
---------------------------------------------------------------------------
\1\ The term ``manufacture'' means ``to manufacture, produce,
assemble or import.'' EPCA Sec. 321(10). Thus, the standards apply
to motors produced, assembled, imported or manufactured after these
statutory deadlines.
---------------------------------------------------------------------------
On December 19, 2007, the Energy Independence and Security Act
of 2007 (EISA 2007) struck EPCA section 340(13)(A) and all that
followed through the end of subpart (A), including the definition of
``electric motor,'' and inserted in its place two new subsections
under the heading ``electric motor'' that defined two subtypes of
general purpose electric motors: General purpose electric motor
(subtype I) and general purpose electric motor (subtype II). (42
U.S.C. 6311(13)(A) and (B)) Section 313(b)(1) of EISA 2007 updated
the energy conservation standards for those electric motors already
covered by EPCA (general purpose electric motor (subtype I)) and
established energy conservation standards for specific motor types
not previously covered, including: General purpose electric motor
(subtype II), fire pump motors, and NEMA Design B, general purpose
electric motors rated at 200 to 500 horsepower. (42 U.S.C.
6313(b)(2)) The EISA 2007 energy conservation standards apply to
covered motors manufactured or imported on or after December 19,
2010. The EISA 2007 definitions and efficiency standards were
subsequently codified under Sec. Sec. 431.12 and 431.25
respectively, of Title 10 of the Code of Federal Regulations, Part
431 (10 CFR part 431).
On October 5, 1999, the Department published a Final Rule on
Test Procedures for Electric Motors that clarified the several
definitions including ``electric motor,'' ``general purpose electric
motor,'' ``general purpose electric motor (subtype I),'' and
``general purpose electric motor (subtype II).''
Notwithstanding the above referenced provisions, in the past
there has been uncertainty as to which motors EPCA covers.
Consequently, motor manufacturers requested that the Department
provide additional guidance as to which types of motors are
``general purpose electric motors (subtype I),'' ``general purpose
electric motors (subtype II),'' ``definite purpose motors,'' and
``special purpose motors'' under EPCA. The policy statement that
follows represents the Department's interpretation of existing
statutes and regulations, informed by input from motor manufacturers
and energy efficiency advocates. It is not intended to create or
remove any rights or duties, nor is it intended to affect any other
aspect of EPCA, EISA or DOE regulations. It does not, and is not
intended to, have the force and effect of law.
II. Guidelines for Determining Whether a Motor Is Covered as a General
Purpose Electric Motor (Subtype I) or (Subtype II)
A. General
EPCA, as amended by EISA 2007, specifies minimum nominal full-
load energy efficiency standards for several types of electric
motors, including general purpose electric motors (subtype I) and
general purpose electric motors (subtype II). Motors with features
or characteristics that do not meet the definitions of the above
terms are not required to meet the corresponding EPCA requirements.
An example includes variable speed motors operated on a variable
frequency power supply. Similarly, multi-speed motors and variable-
speed motors, such as inverter-duty motors, are not covered
equipment, based on their intrinsic design for
[[Page 670]]
use at variable speeds. However, NEMA Design A, B, or C motors that
are single speed, meet all other criteria under the definitions in
EPCA for general purpose electric motors (subtype I) or general
purpose electric motors (subtype II), and can be used with an
inverter in variable speed applications as an additional feature,
are covered equipment under EPCA. In other words, being suitable for
use on an inverter by itself does not exempt a motor from general
purpose electric motors (subtype I) and general purpose electric
motors (subtype II) EPCA requirements.
B. Electrical Features
EPCA, as amended by EISA, establishes two categories of electric
motors: General purpose electric motor (subtype I) or a general
purpose electric motor (subtype II). In DOE's view, a general
purpose electric motor (subtype I) or (subtype II) operates on
polyphase alternating current 60-Hertz sinusoidal power, and can be
operated on either 230 volts or 460 volts, or both; or can be
operated with voltage of not more than 600 volts (other than 230 or
460 volts). Furthermore, ``can be operated'' implicitly means that
the motor can be operated successfully. According to National
Electrical Manufacturers Association (NEMA) Standards Publication
MG1-2009, paragraph 12.44, ``Variations from Rated Voltage and Rated
Frequency,'' alternating-current motors must operate successfully
under running conditions at rated load with a variation in the
voltage or the frequency up to the following: plus or minus 10
percent of rated voltage, with rated frequency for induction motors;
\2\ plus or minus 5 percent of rated frequency, with rated voltage;
and a combined variation in voltage and frequency of 10 percent (sum
of absolute values) of the rated values, provided the frequency
variation does not exceed plus or minus 5 percent of rated
frequency. DOE believes that, for purposes of determining whether a
motor is a general purpose electric motor (subtype I) or (subtype
II), these criteria should be used to determine when a motor that is
not rated at 230 or 460 volts or 60 Hertz can be operated at such
voltage and frequency; or when it is operated at a rated voltage of
not more than 600 volts (other than 230 or 460 volts).\3\
---------------------------------------------------------------------------
\2\ For example, a motor that is rated at 220 volts should
operate successfully on 230 volts, since 220 + .10(220) = 242 volts.
A 208 volt motor, however, would not be expected to operate
successfully on 230 volts, since 208 + .10(208) = 228.8 volts.
\3\ The Department understands that a motor that can operate at
such voltage and frequency, based on variations defined for
successful operation, will not necessarily perform in accordance
with the industry standards established for operation at the motor's
rated voltage and frequency. In addition, motors are to be tested at
their rated values under the test procedures prescribed by EPCA.
Therefore, in DOE's view, a motor that is not rated for 230 or 460
volts, or 60 Hertz, but that can be successfully operated at these
levels, must meet the energy conservation standards at its rated
voltage(s) and frequency. When a motor is rated to include a wider
voltage range that includes 230/460 volts, the motor should meet the
energy conservation standards at 230 volts or 460 volts.
---------------------------------------------------------------------------
Under sections 340(13)(A) and 342(b)(3) of EPCA, as amended by
EISA 2007, general purpose electric motors (subtype I) include
motors that meet the electrical performance characteristics of NEMA
Design A or B; and general purpose electric motors (subtype II)
include motors that meet the electrical performance characteristics
NEMA Design A, B, or C. NEMA Standards Publication MG1 assigns
design letters, such as Design A, B, C, D, or E, to identify various
combinations of electrical performance characteristics, including:
locked rotor torque, breakdown torque, pull-up torque, locked rotor
current, and slip at rated load. In the Department's view, a motor
must meet the electrical performance characteristics of a NEMA
Design A, B, or C motor to be covered as a general purpose electric
motor (subtype I) or general purpose electric motor (subtype II).
For example, as to locked rotor torque, MG1 specifies performance
values for Design A, B, or C motors of a given speed and horsepower.
A motor that does not meet the locked rotor torque requirements for
Design A, B, or C is not a general purpose electric motor (subtype
I) or general purpose electric motor (subtype II) covered under
EPCA.
C. Size
Motors designed for use on a particular type of application
which are in a frame size that is one or more frame series larger
than the frame size assigned to that rating in NEMA Standards
Publication MG1-2009 Part 13, ``Frame Assignments for Alternating
Current Integral Horsepower Induction Motors,'' are not, in the
Department's view, usable in most general purpose applications. This
is due to the physical size increase associated with a frame series
change. A frame series is defined by the first two digits of the
frame size designation, and is a measure of the distance between the
centerline of the shaft and the bottom of the mounting feet. For
example, 324T and 326T are both in the same frame series, while 364T
is in the next larger frame series. Hence, in the Department's view,
a motor that is of a larger frame series than normally assigned to
that standard rating of motor would not be usable in most general
purpose applications, and therefore is not covered by EPCA's
definitions of general purpose electric motors (Subtype I) and
general purpose electric motors (Subtype II). A physically larger
motor within the same frame series would be covered, however,
because it would be usable in most general purpose applications.
Motors built in a T-frame series or a T-frame size smaller than
that assigned by MG1-2009, or motors built in a U-frame series or a
U-frame size smaller than that assigned by MG1-2009, are also
considered usable in most general purpose applications. This is
because simple modifications can generally be made to fit a smaller
motor in place of a motor with a larger frame size assigned in
conformity with NEMA MG1. Therefore, DOE believes that such smaller
motors are covered by EPCA.
D. Motors With Seals
Some electric motors have seals to prevent ingress of water,
dust, oil, and other foreign materials into the motor. DOE
understands that, typically, a manufacturer will add seals to a
motor that it manufactures, so that it will sell two motors that are
identical except that one has seals and the other does not. In such
a situation, if the motor without seals is covered by EPCA's energy
conservation standards, then the motor with seals will also be
covered because it can still be used in most general purpose
applications. DOE understands, however, that manufacturers
previously believed motors with seals were not covered under EPCA,
in part because IEEE Standard 112, ``Test Procedure for Polyphase
Induction Motors and Generators,'' prescribed by EPCA, does not
address how to test a motor with seals installed.
The efficiency rating of such a motor, if determined with seals
installed and when the motor is new, apparently would significantly
understate the efficiency of the motor as operated. New seals are
stiff, and provide friction that is absent after their initial
break-in period. DOE understands that, after this initial period,
the efficiency ratings determined for the same motor with and
without seals would be virtually identical. To construe EPCA,
therefore, as requiring such separate efficiency determinations
would impose an unnecessary burden on manufacturers.
In light of the foregoing, the Department believes that EPCA
generally permits the efficiency of a motor with seals to be
determined without the seals installed. Furthermore, notwithstanding
the prior belief that such motors are not covered by EPCA, use of
this approach to determining efficiency will enable manufacturers to
meet EPCA's standards with respect to covered motors with seals.
III. Discussion of How DOE Would Apply EPCA Definitions, Using the
Foregoing Guidelines
Using the foregoing guidelines, the attached matrix provides
DOE's view as to which motors with common features are covered by
EPCA's definitions of ``general purpose electric motor (subtype I)''
and ``general purpose electric motor (subtype II).'' Because
manufacturers produce many basic models that have many modifications
of generic general purpose motors, the Department does not represent
that the matrix is all-inclusive. Rather it is a set of examples
demonstrating how DOE would apply EPCA definitions, as construed by
the above guidelines, to various motor types. The matrix classifies
motors into five categories, which are discussed in the following
passages.
Category I--General Purpose Electric Motors (Subtype I) and
(Subtype II)
Category I consists of general purpose electric motors (subtype
I) and general purpose electric motors (subtype II).
The Department understands that some motors essentially are
relatively simple modifications of generic general purpose electric
motors (subtype I) or (subtype II). Modifications could consist, for
example, of minor changes such as the addition of temperature
sensors or a heater, the addition of a shaft extension and a brake
disk from a kit, or changes in exterior features such as the motor
housing. Such motors can still be used for most general purpose
applications, and
[[Page 671]]
the modifications have little or no effect on motor performance. Nor
do the modifications affect energy efficiency.
Category II--Specific Purpose Electric Motors That Can Be Used in
Most General Purpose Applications
Category II motors are essentially modifications of generic
general purpose motors for use on a particular type of application.
These specific purpose Category II motors have been considered
``definite-purpose'' motors in common industry parlance, but are
covered as general purpose electric motors (subtype I or II) under
EPCA because they can be used in most general purpose applications.
Category II motors are often electric motors with horsepower ratings
that fall between the horsepower ratings in Section 342(b) of EPCA,
thermally protected motors, and motors with roller bearings.
Categories III, IV and V--Definite Purpose Motors, Special Purpose
Motors, and Motors Outside the Scope of ``General Purpose Electric
Motor (Subtype I)'' and ``General Purpose Electric Motor (Subtype
II)''
Category III consists of ``definite purpose motors'' as defined
in EPCA and 10 CFR 431.12. Section 6311(13)(C) of EPCA, as amended
by EISA 2007, defines the term ``definite purpose motor'' as ``any
motor designed in standard ratings with standard operating
characteristics or standard mechanical construction for use under
service conditions other than usual or for use on a particular type
of application and which cannot be used in most general purpose
applications.'' EPCA does not prescribe standards and test
procedures for ``definite purpose motors.''
Category IV consists of ``special purpose motors'' as defined in
EPCA and 10 CFR 431.12. Section 6311(13)(D) of EPCA, as amended by
EISA 2007, defines the term ``special purpose motor'' as ``any
motor, other than a general purpose motor or definite purpose motor,
which has special operating characteristics or special mechanical
construction, or both, designed for a particular application.'' EPCA
does not prescribe standards and test procedures for ``special
purpose motors.''
Category V consists of electric motors outside the scope of
``general purpose electric motor (subtype I)'' and ``general purpose
electric motor (subtype II)'' as defined in EPCA and 10 CFR 431.12.
Totally Enclosed Nonventilated (TENV) and Totally Enclosed Air-Over
(TEAO) Motors
A motor designated in NEMA MG1-2009, paragraph MG1-1.26.1, as
``totally enclosed non-ventilated (IC410)'' \4\ is ``a frame-surface
cooled totally enclosed machine which is only equipped for cooling
by free convection.'' This means that the motor, when properly
applied, does not require the use of any additional means of cooling
installed external to the motor enclosure. The TENV motor is cooled
by natural conduction and natural convection of the motor heat into
the surrounding environment. The general requirement for the
installation of the TENV motor is that it not be placed in a
restricted space that would inhibit this natural dissipation of the
motor heat. Most general purpose applications use motors which
include a means for forcing air flow through or around the motor and
usually through the enclosed space and, therefore, can be used in
spaces that are more restrictive than those required for TENV
motors. Placing a TENV motor in such common restricted areas is
likely to cause the motor to overheat. The TENV motor may also be
larger than the motors used in most general purpose applications,
and would take up more of the available space, thus reducing the
size of the open area surrounding the motor. Installation of a TENV
motor might require, therefore, an additional means of ventilation
to continually exchange the ambient around the motor.
---------------------------------------------------------------------------
\4\ IP refers to the IEC Standard 34-5: Classification of
degrees of protection provided by enclosures for rotating machines.
IC refers to the IEC Standard 34-6: Methods of cooling rotating
machinery. The IP and IC codes are referenced in the NEMA
designations for TENV and TEAO motors in MG1-2009 Part 1,
``Classification According to Environmental Protection and Methods
of Cooling,'' as a Suggested Standard for Future Design, since the
TENV and TEAO motors conform to IEC Standards. Details of protection
(IP) and methods of cooling (IC) are defined in MG1 Part 5 and Part
6, respectively.
---------------------------------------------------------------------------
A motor designated in NEMA MG1-2009, paragraph 1.26.9, as
``totally-enclosed air-over (IP54, IC417)'' is a totally enclosed
frame-surface cooled machine intended for exterior cooling by a
ventilating means external to the machine.'' That is, a TEAO motor
has a cooling mechanism that is separate and independent from the
motor, such as a fan. The motor must be provided with the additional
ventilation to prevent it from overheating.
Consequently, neither the TENV motor nor the TEAO motor would be
suitable for most general purpose applications, and, the Department
considers these motors as ``definite purpose motors.''
Integral Gearmotors
An ``integral gearmotor'' is an assembly of a motor and a
specific gear drive or assembly of gears, such as a gear reducer, as
a unified package. The motor portion of an integral gearmotor is not
necessarily a complete motor, since the end bracket or mounting
flange of the motor portion is also part of the gear assembly and
cannot be operated when separated from the complete gear assembly.
Typically, an integral gearmotor is not manufactured to standard T-
frame dimensions specified in NEMA MG1, or standard U-frame
dimensions. Moreover, neither the motor portion nor the entire
integral gearmotor, are capable of being used in most general
purpose applications without significant modifications. An integral
gearmotor is also designed for a specific purpose and can have
unique performance characteristics, physical dimensions, and casing,
flange and shafting configurations. Consequently, DOE considers
integral gearmotors to be outside the scope of ``general purpose
electric motor (subtype I)'' or ``general purpose electric motor
(subtype II).''
However, an electric motor which is connected to a stand-alone
mechanical gear drive or an assembly of gears, such as a gear
reducer connected by direct coupling, belts, bolts, a kit, or other
means, is covered equipment under the definitions of ``general
purpose electric motor (subtype I)'' or ``general purpose electric
motor (subtype II).''
Shafts
1. Shaft diameter--The shaft diameter is designated in NEMA MG1
by the identifier ``U'' and in IEC 60072-1 by the identifier ``H.''
The strength of a shaft is dependent on the diameter of the shaft.
If the diameter of a shaft is smaller than the standard diameter,
the shaft may not be of sufficient strength required for general
purpose belted and overhung loads. If the diameter of a shaft is
bigger than the standard diameter, it may not be possible to install
a coupling or pulley with an inside diameter of sufficient size to
accommodate the oversized shaft and provide sufficient remaining
material of sufficient strength required for general purpose
applications.
The Department believes that couplings and pulleys appropriate
for a given horsepower rating in the standard (NEMA or IEC) frame
number series should be available to fit shaft diameters which are
as large as the standard diameter for the next higher frame number
series or as small as the standard diameter for the next lower frame
number series. A motor otherwise considered to be a ``general
purpose electric motor (subtype I)'' or ``general purpose electric
motor (subtype II),'' but with a shaft diameter within the range
bounded by the standard diameters for the next lower and next higher
frame number series, is considered to be a ``general purpose
electric motor (subtype I)'' or ``general purpose electric motor
(subtype II).'' For the purpose of providing the requested guidance,
the Department does not consider a motor with a shaft diameter
smaller than that of the next lower frame number series or larger
than that of the next higher frame number series to be a ``general
purpose electric motor (subtype I)'' or ``general purpose electric
motor (subtype II).''
2. Shaft length--The useable shaft length is designated in NEMA
MG1 by the identifier ``N-W'' and in IEC 60072-1 by the identifier
``E.'' A shaft length different from the standard dimensions would
require a change in the overall space required for the motor and a
change in the position in which the motor could be mounted compared
to a motor having a shaft of standard length. A motor with a shaft
of shorter length should fit within the space of a motor having a
shaft of standard length, although the mounting base may have to be
modified to accommodate the change in the position of the mounting
holes in the base of the motor. However, it is possible that the
shaft may be too short to accommodate the size of a coupling or
pulley required for the load in many general purpose applications.
The Department believes that appropriate couplings or pulleys are
available for shafts with a length not shorter than 50 percent of
the standard length. A motor with a shaft of longer length would not
fit within the space of a motor having a shaft of standard length
and the location of some of the mounting holes in the base of the
motor may be beyond the mounting base for the motor. The end of
[[Page 672]]
the motor with a longer shaft length may also extend beyond the
equipment where it could possibly present some concerns should
persons or other equipment unintentionally come in contact with the
motor. Objects in closer proximity of the non-drive end of the motor
with the longer shaft length may interfere with the cooling of the
motor. The Department believes that there is some additional space
available in most general purpose applications to accommodate a
shaft somewhat longer than standard length, but that accommodating
for increased length may be more difficult than accommodating for
shorter length. The Department believes that an increase of 25
percent in standard shaft is acceptable in most general purpose
applications. For the purpose of providing the requested guidance, a
motor with shaft length between 0.5 to 1.25 times the standard
length for the appropriate NEMA MG1 or IEC standard does not
preclude the motor from being considered ``general purpose electric
motor (subtype I)'' or ``general purpose electric motor (subtype
II).'' A motor with a shaft length outside of that range is not
considered to be a ``general purpose electric motor (subtype I)'' or
``general purpose electric motor (subtype II).''
3. Shoulder location--The distance from the centerline of the
mounting hole in the nearest foot to the shoulder on the drive end
shaft is designated in NEMA MG1 by the identifier ``BA'' and in IEC
60072-1 by the identifier ``C.'' The location of the shoulder limits
the position at which the coupling, pulley, or load can be
installed. The ``BA'' or ``C'' dimension is separate from that of
the useable shaft length ``N-W'' or ``E.'' The two values combined
define the distance from the centerline of the mounting hole in the
nearest foot to the end of the shaft. A change in the ``BA'' or
``C'' dimension can then result in introducing installation problems
similar to those resulting from a change in the ``N-W'' or ``E''
dimension. A decrease in the ``BA'' or ``C'' dimension may require
modifying the mounting base to accommodate the shorter distance
between the mounting holes and the end of the shaft, but there
should be no problem installing the appropriate coupling or pulley
for most general purpose applications. As in the case of the ``N-W''
or ``E'' dimension, a significant increase in the ``BA'' or ``C''
dimension could make it difficult to install the motor in most
general purpose applications or could introduce concerns of safety.
For the purpose of providing the requested guidance, an increase in
the ``BA'' or ``C'' dimension up to 0.25 times the standard useable
shaft length dimension ``N-W'' or ``E'' does not preclude the motor
from being considered a ``general purpose electric motor (subtype
I)'' or ``general purpose electric motor (subtype II).'' The
Department does not consider a motor with an increase in the ``BA''
or ``C'' dimension greater than 0.25 times that of the ``N-W'' or
``E'' dimension to be a ``general purpose electric motor (subtype
I)'' or ``general purpose electric motor (subtype II).''
4. Special design--The standard dimensions in NEMA MG-1 are for
smooth shafts with or without keyways. Such shafts are used with
pulleys and couplings commonly found in most general purpose
applications. The shaft may be straight or tapered. Other shaft
designs are provided for particular applications. The Department has
examined the issue of special shafts with respect to whether or not
both a pulley and a coupling could be separately installed on the
special shaft. An example of one common modification of the shaft
design is to include a flat section in place of the keyway for the
purpose of securing a coupling, pulley, or driven equipment on the
shaft. It is the Department's belief that such a modification would
not make it difficult to use the motor in most general purpose
applications and would not remove the motor from being considered a
``general purpose electric motor.'' Some special purpose or definite
purpose applications require that the shaft have a threaded section,
for securing the connection to the driven equipment in place. A
threaded section on the outside of the shaft surface inhibits the
proper installation of a pulley or coupling. DOE considers motors
with such threaded shafts to be ``definite purpose'' or ``special
purpose'' motors. However, a threaded hole in the shaft should not
interfere with the installation of a pulley or coupling and DOE does
not consider this to be a design which exempts the motor from being
classified as a ``general purpose electric motor (subtype I)'' or
``general purpose electric motor (subtype II).'' As another example,
motors with stepped shafts, consisting of lengths of differing
diameter over the useable length of the shaft, make it difficult to
properly install a pulley or coupling for general purpose
applications. DOE considers motors with a stepped shaft are
considered to be ``definite purpose'' or ``special purpose'' motors.
The Department recognizes that the aforementioned designs are just a
few examples of special shaft designs and that it is not possible to
cover all possible variations of shaft design in this guidance.
Rather, the Department offers the guidance that if both a properly
sized pulley and properly sized coupling can be installed on a non-
standard shaft at minimal cost, then the motor is not precluded from
being considered to be a ``general purpose electric motor (subtype
I)'' or ``general purpose electric motor (subtype II).''
IV. Further Information
The Department has incorporated this Policy Statement into
appendix A to subpart B of Title 10 of the Code of Federal
Regulations, Part 431, to provide guidance as to the Department's
interpretation of EPCA, as amended. Any comments or suggestions with
respect to this Policy Statement, as well as requests for further
information, should be addressed to the Program Manager, Building
Technologies, EE-2J, U.S. Department of Energy, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0121.
Examples of Many Common Features or Motor Modifications To Illustrate How the EPCA Definitions and DOE
Guidelines Would Be Applied to EPCA Motor Categories: General Purpose Electric Motor Subtype I) and General
Purpose Electric Motor (Subtype II); Definite Purpose; and Special Purpose
----------------------------------------------------------------------------------------------------------------
Category \1\
Motor modification ---------------------------------------- Explanation
I II III IV V
----------------------------------------------------------------------------------------------------------------
A. Electrical Modifications:
1. Altitude........................ X ...... ...... ...... ...... General purpose up to a frame
series change larger.
2. Ambient......................... X ...... ...... ...... ...... General purpose up to a frame
series change larger.
3. Multispeed...................... ...... ...... ...... ...... X General Purpose Electric Motors
(Subtype I) and (Subtype II)
apply to single speed only.
4. Special Leads................... X ...... ...... ...... ......
5. Special Insulation.............. X ...... ...... ...... ......
6. Encapsulation................... ...... ...... ...... X ...... Due to special construction.
7. High Service Factor............. X ...... ...... ...... ...... General purpose up to a frame
series change larger.
8. Space Heaters................... X ...... ...... ...... ......
9. Wye Delta Start................. X ...... ...... ...... ......
10. Part Winding Start............. X ...... ...... ...... ......
11. Temperature Rise............... X ...... ...... ...... ...... General purpose up to a frame
series change larger.
12. Thermally Protected............ ...... X ...... ...... ...... Requires retesting and third
party agency approval.
13. Thermostat/Thermistor.......... X ...... ...... ...... ......
14. Special Voltages............... X ...... ...... ...... ...... EPCA applies to motors
operating on voltages less
than 600 volts at 60 Hertz.
15. Intermediate Horsepowers....... ...... X ...... ...... ...... Round horsepower according to
10 CFR 431.42 for efficiency.
[[Page 673]]
16. Frequency...................... ...... ...... ...... ...... X EPCA applies to motors
operating on voltages less
than 600 volts at 60 Hertz.
17. Fungus/Trop Insulation......... X ...... ...... ...... ...... ...............................
B. Mechanical Modifications:
18. Special Balance................ X ...... ...... ...... ...... ...............................
19. Bearing Temp. Detector......... X ...... ...... ...... ...... ...............................
20. Special Base/Feet.............. ...... ...... ...... ...... X Does not meet definition of T-
frame or U-frame.
21. Special Conduit Box............ X ...... ...... ...... ...... ...............................
22. Auxiliary Conduit Box.......... X ...... ...... ...... ...... ...............................
23. Special Paint/Coating.......... X ...... ...... ...... ...... ...............................
24. Drains......................... X ...... ...... ...... ...... ...............................
25. Drip Cover..................... X ...... ...... ...... ...... ...............................
26. Ground. Lug/Hole............... X ...... ...... ...... ...... ...............................
27. Screens on ODP Enclosure....... X ...... ...... ...... ...... ...............................
28. Mounting F1, F2; W1-4; C1, 2... X ...... ...... ...... ...... Foot-mounting, rigid base, and
resilient base.
C. Bearings:
29. Bearing Caps................... X ...... ...... ...... ...... ...............................
30. Roller Bearings................ ...... X ...... ...... ...... Test with a standard bearing.
31. Shielded Bearings.............. X
32. Sealed Bearings................ X ...... ...... ...... ...... Test with a standard bearing.
33. Thrust Bearings................ ...... ...... ...... X ...... Special mechanical
construction.
34. Clamped Bearings............... X ...... ...... ...... ...... ...............................
35. Sleeve Bearings................ ...... ...... ...... X ...... Special mechanical
construction.
D. Special Endshields:
36. C Face......................... X ...... ...... ...... ...... As defined in NEMA MG1.
37. D Flange....................... X ...... ...... ...... ...... As defined in NEMA MG1.
38. Customer Defined............... ...... ...... ...... X ...... Special design for a particular
application.
E. Seals:
39. Contact Seals.................. X ...... ...... ...... ...... Includes lip seals and taconite
seals--test with seals
removed.
40. Non-Contact Seal............... X ...... ...... ...... ...... Includes labyrinth and slinger
seals--test with seals
installed.
F. Shafts:
41. Standard Shafts/NEMA MG1....... X ...... ...... ...... ...... Includes single and double,
cylindrical, tapered, and
short shafts.
42. Non-Standard Shafts or Special X ...... ...... ...... ...... Shaft diameter bound by the
Shafts. standard diameters for the
next lower and next higher
frame number series.
...... ...... ...... ...... X Shaft diameter smaller than
that of the next lower frame
number series or larger than
that of the next higher frame
number.
X ...... ...... ...... ...... Shaft length from 0.5 to 1.25
times the standard length for
the appropriate NEMA MG1 or
IEC standard.
...... ...... ...... ...... X Shaft length outside the range
from 0.5 to 1.25 times the
standard length for the
appropriate NEMA MG1 or IEC
standard.
X ...... ...... ...... ...... Shaft shoulder location with an
increase in the ``BA'' or
``C'' dimension up to 0.25
times that standard useable
shaft length dimension ``N-W''
or ``E''.
...... ...... ...... ...... X A motor with an increase in the
``BA'' or ``C'' dimension
greater than 0.25 times that
of the ``N-W'' or ``E''
dimension.
X ...... ...... ...... ...... If both a properly sized pulley
and properly sized coupling
can be separately installed on
a non-standard shaft without
significantly changing the
shaft extension or mounting
configuration of the driven
equipment.
43. Non-Standard Material.......... X ...... ...... ...... ...... ...............................
G. Fans:
44. Special Material............... X ...... ...... ...... ...... ...............................
45. Quiet Design................... X ...... ...... ...... ...... ...............................
H. Other Motors:
46. Washdown....................... X ...... ...... ...... ...... Test with seals removed.
47. Close-coupled pump............. X ...... ...... ...... ...... JM and JP frame assignments.
48. Integral Gear Motor............ ...... ...... ...... ...... X Typically special mechanical
design, and not a T-frame or U-
frame; motor and gearbox
inseparable and operate as one
system.
49. Vertical solid shaft normal X ...... ...... ...... ...... ...............................
thrust.
50. Saw Arbor...................... ...... ...... ...... X ...... Special electrical/mechanical
design.
[[Page 674]]
51. TENV........................... ...... ...... X ...... ...... Totally-enclosed non-
ventilated; not equipped for
cooling (IP54, IC410).
52. TEAO........................... ...... ...... X ...... ...... Totally-enclosed air-over;
requires airflow from external
source (IP54, IC417).
53. Fire Pump...................... X ...... ...... ...... ...... When safety certification is
not required. See also EPCA
Sec. 342(b)(1).
54. Non-continuous................. ...... ...... ...... ...... X EPCA covers only continuous
ratings as general purpose
electric motor (subtype I) and
(subtype II).
55. Integral Brake Motor........... ...... ...... ...... X ...... Integral brake design factory
built within the motor.
----------------------------------------------------------------------------------------------------------------
\1\ Category I--General purpose electric motors (subtype I) or (subtype II) as defined in EPCA.
Category II--Specific purpose electric motors that can be used in most general purpose applications.
Category III--Definite purpose motors as defined in EPCA.
Category IV--Special purpose motors as defined in EPCA.
Category V--Outside the scope of General purpose electric motors (subtype I) or (subtype II) as defined in EPCA.
12. Appendix B to subpart B of part 431 is revised to read as
follows:
Appendix B to Subpart B of Part 431--Uniform Test Method for Measuring
Nominal Full Load Efficiency of Electric Motors
1. Definitions
Definitions contained in Sec. Sec. 431.2 and 431.12 are
applicable to this appendix.
2. Test Procedures
Efficiency and losses shall be determined in accordance with
NEMA MG1-2009, paragraph 12.58.1, ``Determination of Motor
Efficiency and Losses,'' (incorporated by reference, see Sec.
431.15) and either:
(1) CSA Standard C390-10 (incorporated by reference, see Sec.
431.15), or
(2) IEEE Standard 112-2004 Test Method B, Input-Output With Loss
Segregation, (incorporated by reference, see Sec. 431.15).
3. Amendments to Test Procedures
Any revision to IEEE Standard 112-2004 Test Method B, to NEMA
Standards Publication MG1-2009, or to CSA Standard C390-10
(incorporated by reference, see Sec. 431.15) subsequent to
promulgation of this appendix B, shall not be effective for purposes
of test procedures required under Part 431 and this appendix B,
unless and until Part 431 and this appendix B are amended.
13. Section 431.441 is revised to read as follows:
Sec. 431.441 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. This subpart does not cover ``electric motors,''
which are addressed in subpart B of this part.
14. In Sec. 431.443, revise paragraphs (b)(1), (c)(1), and (c)(2),
and add a new paragraph (b)(2) to read as follows:
Sec. 431.443 Materials incorporated by reference.
* * * * *
(b) * * *
(1) CAN/CSA-C747-09 (``CAN/CSA-C747''), Energy efficiency test
methods for small motors, October 1, 2009, IBR approved for Sec. Sec.
431.444; 431.447.
(2) CSA C390-10, Test methods, marking requirements, and energy
efficiency levels for three-phase induction motors, March 22, 2010, IBR
approved for Sec. Sec. 431.444; 431.447.
(c) * * *
(1) IEEE Standard 112-2004, (``IEEE Std 112''), Test Procedure for
Polyphase Induction Motors and Generators, Test Method A, Input-Output,
and Test Method B, Input-Output with Loss Segregation, 4 November 2004,
IBR approved for Sec. Sec. 431.444; 431.447.
(2) IEEE Standard 114-2001, (``IEEE Std 114''), Test Procedure for
Single-Phase Induction Motors, 6 December 2001, IBR approved for
Sec. Sec. 431.444; 431.447.
15. In Sec. 431.444, paragraph (b) is revised to read as follows:
Sec. 431.444 Test procedures for the measurement of energy
efficiency.
* * * * *
(b) Testing and Calculations. Determine the energy efficiency and
losses by using one of the following test methods:
(1) Single-phase small electric motors: Either IEEE 114-2001,
(incorporated by reference, see Sec. 431.443), or CAN/CSA C747,
(incorporated by reference, see Sec. 431.443);
(2) Polyphase small electric motors less than or equal to 1
horsepower (0.75 kW): Either IEEE 112-2004 Test Method A, (incorporated
by reference, see Sec. 431.443), or CAN/CSA C747, (incorporated by
reference, see Sec. 431.443); or
(3) Polyphase small electric motors greater than 1 horsepower (0.75
kW): Either IEEE 112-2004 Test Method, (incorporated by reference, see
Sec. 431.443), or CSA C390-10 (incorporated by reference, see Sec.
431.443).
16. In Sec. 431.445, paragraph (b)(5) is added and paragraph (c)
is revised to read as follows:
Sec. 431.445 Determination of small electric motor efficiency.
* * * * *
(b) * * *
(5) Use of a certification program. (i) A manufacturer may have a
certification program, that DOE has classified as nationally recognized
under Sec. 431.447, certify the average full load efficiency of a
basic model of small electric motor, and issue a certificate of
conformity for the small motor.
(ii) For each basic model for which a certification program is not
used as described in paragraph (b)(5)(i) of this section, any testing
of a motor to determine its energy efficiency must be carried out in
accordance with paragraphs (b) and (c) of this section. (This includes
testing of the basic model, pursuant to paragraph (b)(3)(i) of this
section, to substantiate an AEDM.)
(c) Additional testing requirements applicable when a certification
program is not used--(1) Selection of basic models for testing. (i)
Basic models must be selected for testing in accordance with the
following criteria:
[[Page 675]]
(A) Two of the basic models must be among the five basic models
that comply with Sec. 431.446 and have the highest unit volumes of
production by the manufacturer in the prior year, or during the prior
12 calendar month period beginning in 2015, whichever is later;
(B) The basic models should be of different horsepowers without
duplication;
(C) The basic models should be of different frame number series
without duplication; and
(D) Each basic model should be expected to have the lowest average
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) In any instance where 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, 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), then each unit
shall be tested. When selecting a basic model for testing, components
of similar design may be substituted without requiring additional
testing if the represented measures of energy consumption satisfy the
applicable sampling provision.
(3) Applying results of testing. In a test of compliance with a
represented average efficiency:
The average full load efficiency of the sample X, which is defined
by
[GRAPHIC] [TIFF OMITTED] TP05JA11.000
where Xi is the measured full load efficiency of unit i
and n is the number of units tested, shall satisfy the condition:
[GRAPHIC] [TIFF OMITTED] TP05JA11.001
where RE is the represented average full load efficiency.
17. A new Sec. 431.447 is added to read as follows:
Sec. 431.447 Department of Energy recognition of nationally
recognized certification programs.
(a) Petition. For a certification program to be classified by the
Department of Energy as being nationally recognized in the United
States for the purposes of Section 345(c) of EPCA (``nationally
recognized''), the organization operating the program must submit a
petition to the Department requesting such classification, in
accordance with paragraph (c) of this section and Sec. 431.448. The
petition must demonstrate that the program meets the criteria in
paragraph (b) of this section.
(b) Evaluation criteria. For a certification program to be
classified by the Department as nationally recognized, it must meet the
following criteria:
(1) It must have satisfactory standards and procedures for
conducting and administering a certification system, including periodic
follow up activities to assure that basic models of small electric
motors continue to conform to the efficiency levels for which they were
certified, and for granting a certificate of conformity.
(2) It must be independent of small electric motor manufacturers,
importers, distributors, private labelers or vendors. It cannot be
affiliated with, have financial ties with, be controlled by, or be
under common control with any such entity.
(3) It must be qualified to operate a certification system in a
highly competent manner.
(4) It must be expert in the content and application of the test
procedures and methodologies in IEEE Standard 112-2004 Test Methods A
and B, IEEE Standard 114-2001, CSA Standard C390-10, and CAN/CSA
Standard C747-09 (incorporated by reference, see Sec. 431.443) or
similar procedures and methodologies for determining the energy
efficiency of small electric motors. It must have satisfactory criteria
and procedures for the selection and sampling of electric motors tested
for energy efficiency.
(c) Petition format. Each petition requesting classification as a
nationally recognized certification program must contain a narrative
statement as to why the program meets the criteria listed in paragraph
(b) of this section, must be signed on behalf of the organization
operating the program by an authorized representative, and must be
accompanied by documentation that supports the narrative statement. The
following provides additional guidance as to the specific criteria:
(1) Standards and procedures. A copy of the standards and
procedures for operating a certification system and for granting a
certificate of conformity should accompany the petition.
(2) Independent status. The petitioning organization should
identify and describe any relationship, direct or indirect, that it or
the certification program has with an electric motor manufacturer,
importer, distributor, private labeler, vendor, trade association or
other such entity, as well as any other relationship it believes might
appear to create a conflict of interest for the certification program
in operating a certification system for compliance by small electric
motors with energy efficiency standards. It should explain why it
believes such relationship would not compromise its independence in
operating a certification program.
(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, General requirements for bodies
operating product certification systems, ISO/IEC Guide 27, 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, General
rules for a model third-party certification system for products, as
well as experience in overseeing compliance with the guidelines
contained in the ISO/IEC Guide 25, General requirements for the
competence of calibration and testing laboratories.
(4) Expertise in small 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 Methods A and B, IEEE
Standard 114-2001, CSA Standard C390-10, and CAN/CSA Standard C747-2009
(incorporated by reference, see Sec. 431.443) 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 25, General requirements for the competence of calibration and
testing laboratories, to energy efficiency testing for small electric
motors.
[[Page 676]]
(d) Disposition. The Department will evaluate the petition in
accordance with Sec. 431.448, and will determine whether the applicant
meets the criteria in paragraph (b) of this section for classification
as a nationally recognized certification program.
18. A new Sec. 431.448 is added to read as follows:
Sec. 431.448 Procedures for recognition and withdrawal of recognition
of certification programs.
(a) Filing of petition. Any petition submitted to the Department
pursuant to Sec. 431.447(a), shall be entitled ``Petition for
Recognition'' (``Petition'') and must be submitted, in triplicate to
the Assistant Secretary for Energy Efficiency and Renewable Energy,
U.S. Department of Energy, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. In accordance with the
provisions set forth in 10 CFR 1004.11, any request for confidential
treatment of any information contained in such a Petition or in
supporting documentation must be accompanied by a copy of the Petition
or supporting documentation from which the information claimed to be
confidential has been deleted.
(b) Public notice and solicitation of comments. DOE shall publish
in the Federal Register the Petition from which confidential
information, as determined by DOE, has been deleted in accordance with
10 CFR 1004.11 and shall solicit comments, data and information on
whether the Petition should be granted. The Department shall also make
available for inspection and copying the Petition's supporting
documentation from which confidential information, as determined by
DOE, has been deleted in accordance with 10 CFR 1004.11. Any person
submitting written comments to DOE with respect to a Petition shall
also send a copy of such comments to the petitioner.
(c) Responsive statement by the petitioner. A petitioner may,
within 10 working days of receipt of a copy of any comments submitted
in accordance with paragraph (b) of this section, respond to such
comments in a written statement submitted to the Assistant Secretary
for Energy Efficiency and Renewable Energy. A petitioner may address
more than one set of comments in a single responsive statement.
(d) Public announcement of interim determination and solicitation
of comments. The Assistant Secretary for Energy Efficiency and
Renewable Energy shall issue an interim determination on the Petition
as soon as is practicable following receipt and review of the Petition
and other applicable documents, including, but not limited to, comments
and responses to comments. The petitioner shall be notified in writing
of the interim determination. DOE shall also publish in the Federal
Register the interim determination and shall solicit comments, data and
information with respect to that interim determination. Written
comments and responsive statements may be submitted as provided in
paragraphs (b) and (c) of this section.
(e) Public announcement of final determination. The Assistant
Secretary for Energy Efficiency and Renewable Energy shall as soon as
practicable, following receipt and review of comments and responsive
statements on the interim determination publish in the Federal Register
a notice of final determination on the Petition.
(f) Additional information. The Department may, at any time during
the recognition process, request additional relevant information or
conduct an investigation concerning the Petition. The Department's
determination on a Petition may be based solely on the Petition and
supporting documents, or may also be based on such additional
information as the Department deems appropriate.
(g) Withdrawal of recognition--(1) Withdrawal by the Department. If
the Department believes that a certification program that has been
recognized under Sec. 431.447 is failing to meet the criteria of
paragraph (b) of the section under which it is recognized, the
Department will so advise such entity and request that it take
appropriate corrective action. The Department will give the entity an
opportunity to respond. If after receiving such response, or no
response, the Department believes satisfactory correction has not been
made, the Department will withdraw its recognition from that entity.
(2) Voluntary withdrawal. A certification program may withdraw
itself from recognition by the Department by advising the Department in
writing of such withdrawal. It must also advise those that use it (for
a certification organization, the manufacturers) of such withdrawal.
(3) Notice of withdrawal of recognition. The Department will
publish in the Federal Register a notice of any withdrawal of
recognition that occurs pursuant to this paragraph (g).
[FR Doc. 2010-33069 Filed 1-4-11; 8:45 am]
BILLING CODE 6450-01-P