This document, concerning Electric Motors and Small Electric Motors is ...

This document, concerning Electric Motors and Small Electric Motors is an action issued

by the Department of Energy. Though it is not intended or expected, should any

discrepancy occur between the document posted here and the document published in the

Federal Register, the Federal Register publication controls. This document is being made

available through the Internet solely as a means to facilitate the public's access to this

document.

[6450-01-P]

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket Number EERE-2014-BT-CE-0019]

RIN 1904¨CAD25

Energy Conservation Program: Certification, Compliance, Labeling, and

Enforcement for Electric Motors and Small Electric Motors

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

ACTION: Final rule.

SUMMARY: The U.S. Department of Energy (¡°DOE¡± or the ¡°Department¡±) is revising

its certification, compliance, and enforcement regulations for electric motors and small

electric motors to conform to the enforcement regulations for all other covered products

and equipment and to consolidate, to a limited extent, the certification and compliance

regulations for electric motors and small electric motors with those for other types of

covered products and equipment.

DATES: The effective date of this rule is [INSERT DATE 30 DAYS AFTER DATE

OF PUBLICATION IN THE FEDERAL REGISTER]. The incorporation by

reference of a certain standard listed in this rule was approved by the Director of the

Federal Register as of March 7, 2011.

1

ADDRESSES: The docket for this rulemaking, which includes Federal Register notices,

comments, and other supporting documents/materials, is available for review at

. All documents in the docket are listed in the

index. However, not all documents listed in the index may be publicly available, such as

information that is exempt from public disclosure.

The docket web page can be found at

. The docket web page

contains simple instructions on how to access all documents, including public comments,

in the docket.

For further information on how to review the docket, contact the Appliance and

Equipment Standards Program staff at (202) 586-6636 or by email:

MotosCCE2014CE0019@ee..

FOR FURTHER INFORMATION CONTACT:

Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency

and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence

Avenue, SW., Washington, DC, 20585-0121. Telephone: (202) 586-6590. Email:

Ashley.Armstrong@ee..

Ms. Laura Barhydt, U.S. Department of Energy, Office of the General Counsel,

GC-32, 1000 Independence Avenue, SW., Washington, DC, 20585-0121. Telephone:

(202) 287-5772. Email: Laura.Barhydt@hq..

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SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background

II. Synopsis of the Final Rule

III. General Discussion

A. Conformance with Existing Certification, Compliance and Enforcement

Regulations

1. Transition to 10 CFR part 429

2. Certification Reports

3. Definitions

B. Alternative Methods for Determining Energy Efficiency or Energy Use

C. Enforcement Provisions for Electric Motors and Small Electric Motors

1. Prohibited Acts and Remedies

2. Test Notices

3. Enforcement Testing

4. Notices of Noncompliance and Penalties

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act

D. Review Under the National Environmental Policy Act of 1969

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

M. Review under Executive Order 13609

V. Approval of the Office of the Secretary

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I. Authority and Background

Title III of the Energy Policy and Conservation Act of 1975, as amended

(¡°EPCA¡± or, in context, ¡°the Act¡±) sets forth a variety of provisions designed to improve

energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) provides for the Energy

Conservation Program for Consumer Products Other Than Automobiles. The National

Energy Conservation Policy Act (NECPA), Public Law 95-619, amended EPCA to add

Part B of Title III, which established an energy conservation program for certain

industrial equipment. (42 U.S.C. 6311-6317) 1 Included among the various equipment

types addressed by EPCA 2 are electric motors and small electric motors.

As relevant here, DOE's energy conservation program under EPCA consists

essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation

standards, and (4) certification and enforcement procedures. The testing requirements

consist of test procedures that manufacturers of covered products must use as the basis

for: (1) certifying to DOE that their products comply with the applicable energy

conservation standards adopted under EPCA; and (2) making representations about the

efficiency of those products. Similarly, DOE must use these test procedures to determine

whether the products comply with any relevant standards promulgated under EPCA. 3

Further, 42 U.S.C. 6299-6305, 6316, and 6317 authorize DOE to enforce compliance

1

For editorial reasons, Parts B (consumer products) and C (commercial equipment) of Title III of EPCA

were codified as parts A and A-1, respectively, in the United States Code.

2

All references to EPCA in this document refer to the statute as amended through the Energy Efficiency

Improvement Act of 2015, Public Law 114-11 (April 30, 2015).

3

The test procedures for electric motors are described in appendix B to subpart B of 10 CFR part 431; the

test procedures for small electric motors are described in 10 CFR 431.444.

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