[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40270-40272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14400]
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DEPARTMENT OF ENERGY
[EERE-2019-BT-PET-0019-0008]
Energy Efficiency Program for Industrial Equipment: Final
Determination Classifying North Carolina Advanced Energy Corporation as
a Nationally Recognized Certification Program for Electric Motors and
Small Electric Motors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of final determination.
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SUMMARY: This notice announces a final determination classifying North
Carolina Advanced Energy Corporation as a nationally recognized
certification program under United States Department of Energy
(``DOE'') regulations regarding federal recognition of certification
programs for electric motors and small electric motors.
DATES: This final determination is effective July 6, 2020.
ADDRESSES: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-PET-0019. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Building Technologies
Program, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9870. Email: [email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0103.
Telephone: (202) 586-8145. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or to request a public meeting, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected].
[[Page 40271]]
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Part C of Title III of the Energy Policy and Conservation Act, as
amended (``EPCA'') contains energy conservation requirements for, among
other things, electric motors and small electric motors, including test
procedures, energy efficiency standards, and compliance certification
requirements. 42 U.S.C. 6311-6316.\1\ 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 [each electric motor
subject to EPCA efficiency standards] meets the applicable standard.''
42 U.S.C. 6316(c). DOE codified this requirement at 10 CFR
431.17(a)(5). DOE also established certain compliance testing
requirements for manufacturers of small electric motors. 77 FR 26608
(May 4, 2012) Manufacturers of small electric motors have the option of
either self-certifying the efficiency of their small electric motors or
they can use a certification program nationally recognized in the U.S
to certify them. (10 CFR 431.445) DOE developed a regulatory process
for the recognition, and withdrawal of recognition, for certification
programs nationally recognized in the U.S. The criteria and procedures
for national recognition of an energy efficiency certification program
for electric motors are codified at 10 CFR 431.20 and 10 CFR 431.21 for
electric motors and at 10 CFR 431.447 and 10 CFR 431.448 for small
electric motors. Each step of the process and evaluation criteria are
discussed below.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
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For a certification program to be classified by DOE as being
nationally recognized in the United States for the testing and
certification of electric motors and small electric motors, the
organization operating the program must submit a petition to the
Department requesting such classification, in accordance with the
aforementioned sections.
For the Department to grant such a petition, the petitioner's
certification program must:
(1) Have satisfactory standards and procedures for conducting and
administering a certification system, and for granting a certificate of
conformity;
(2) Be independent of electric motor and small electric motor
manufacturers (as applicable), importers, distributors, private
labelers or vendors;
(3) Be qualified to operate a certification system in a highly
competent manner; and
(4) Be expert in the following test procedures and methodologies:
(a) For electric motors, it must be expert in the content and
application of the test procedures and methodologies in IEEE Std 112-
2004 Test Method B or CSA C390-10. It must have satisfactory criteria
and procedures for the selection and sampling of electric motors tested
for energy efficiency. (10 CFR 431.20(b)); and
(b) For small electric motors, it must be expert in the content and
application of the test procedures and methodologies in IEEE Std 112-
2004 Test Methods A and B, IEEE Std 114-2010, CSA C390-10, and CSA
C747, 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. (10 CFR 431.447(b))
The petition requesting classification as a nationally recognized
certification program must contain a narrative statement explaining why
the organization meets the above criteria, be accompanied by
documentation that supports the narrative statement, and be signed by
an authorized representative. (10 CFR 431.20(c), and 10 CFR
431.447(c)).
II. Discussion
Pursuant to 10 CFR 431.20--10 CFR 431.21 and 10 CFR 431.447--10 CFR
431.448, on February 11, 2019, North Carolina Advanced Energy
Corporation Efficiency Verification Services (``Advanced Energy'')
submitted to DOE a Petition for Recognition related to the group's
motor efficiency verification services. That petition, titled, ``Energy
Efficiency Evaluation of Electric Motors and Small Electric Motors to
US Department of Energy Regulations as stipulated in 10 CFR part 431,
subpart B and Subpart X'' (``Petition'' or ``Advanced Energy
Petition''), was accompanied by a cover letter from Advanced Energy to
the Department containing four separate sections, including individual
narrative statements: (1) Standards and Procedures; (2) Independent
Status; (3) Qualification of Advanced Energy to Operate a Certification
System; and (4) Expertise in Electric Motor Test Procedures. The
petition included supporting documentation on these subjects. The
Department is required to publish in the Federal Register such
petitions for public notice and solicitation of comments, data and
information as to whether the Petition should be granted. 10 CFR
431.21(b) and 10 CFR 431.448(b). In accordance with requirements in 10
CFR 431.21(b) and 10 CFR 431.448(b), DOE published Advanced Energy's
petition in the Federal Register on July 8, 2019, and requested public
comments. 84 FR 32437. DOE did not receive any comments responding to
the petition.
As required by 10 CFR 431.21(d) and 10 CFR 431.448(d), DOE
subsequently published a notification of interim determination
regarding Advanced Energy's petition and solicited comments. 85 FR
70520 (December 23, 2019). In the notification of interim
determination, DOE noted that, after reviewing submitted materials and
having received no comments, that it found no specific cause to reject
the petition. It tentatively determined that Advanced Energy meets the
requirements at 10 CFR 431.20 and 10 CFR 431.21 for electric motors and
at 10 CFR 431.447 and 10 CFR 431.448 for small electric motors because
they (1) have satisfactory standards and procedures for conducting and
administering a certification system, (2) are independent of electric
motor and small electric motor manufacturers, and (3) have expertise
with both the electric motors and small electric motors test
procedures.
In response to the notice of interim determination, GE Industrial
Motors, a manufacturer, submitted a comment to DOE on January 22, 2020.
GE Industrial Motors (``GE'') expressed concerns regarding Advanced
Energy's procedures to ensure (1) no other manufacturers would be
present during testing of a competitor's motor; (2) the test data is
kept confidential; and (3) Advanced Energy would not analyze and
compare test data from various manufacturers. (GE, No. 10 at p. 1)
Advanced Energy submitted a response to DOE regarding GE's comment.
(Advanced Energy, No. 11.1 at p. 1) Advanced Energy stated that it
requires all clients to review, sign and return appropriate
documentation to ensure confidentiality. These documents include: (1)
ISO-IEC 17065 Operations Manual; (2) Standard Operating Procedure; (3)
Certification Scheme; (4) Mutual Non-Disclosure Agreement and Hold
Harmless; and (5) Client Agreement and Terms of Service. Specifically,
Advanced Energy cited section 4.5 of the ISO-IEC 17065 Operations
Manual, which covers confidentiality. Advanced Energy provided copies
of all five documents as
[[Page 40272]]
part of their response to GE.\2\ Advanced Energy added that it
developed a mechanism for safeguarding impartiality as described in
Section 5.2 of the ISO-IEC 17065 Operations Manual and explained that
these specific procedures mitigate the risks mentioned by GE. (Advanced
Energy, No. 11.1 at p.1)
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\2\ Copies of these documents were added to the docket (Advanced
Energy, No. 11.2--No 11.6)
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In reviewing the comment and response, DOE finds no specific cause
to reject Advanced Energy's request for recognition as a nationally
recognized certification program for electric motors and small electric
motors. Therefore, the Department hereby announces its final
determination pursuant to 10 CFR 431.21(d) and 10 CFR 431.448(d) that
Advanced Energy is classified as a nationally recognized certification
program for electric motors and small electric motors.
Signing Authority
This document of the Department of Energy was signed on June 26,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on June 30, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-14400 Filed 7-2-20; 8:45 am]
BILLING CODE 6450-01-P