DEPARTMENT OF ENERGY
<CFR>10 CFR Part 431</CFR>
<DEPDOC>[EERE-2025-BT-TP-0032]</DEPDOC>
<RIN>RIN 1904-AG02</RIN>
<SUBJECT>Energy Conservation Program: Test Procedures for Small Electric Motors</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Office of Energy Efficiency and Renewable Energy, Department of Energy
<HD SOURCE="HED">ACTION:</HD>
Proposed rulemaking; request for comments.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Department of Energy (“DOE” or “the Department”) is proposing to rescind its regulations establishing a small electric motor nationally recognized certification and testing laboratory accreditation program. The Department seeks comments on any reason to rescind or not rescind these regulations.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
Comments must be received on or before July 15, 2025.
<E T="03">Meeting:</E>
DOE will hold a webinar on Thursday, May 29, 2025, from 1 to 4 p.m. See section III, “Public Participation,” for webinar registration information, participant instructions, and information about the capabilities available to webinar participants.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at
<E T="03">www.regulations.gov</E>
under docket number EERE-2025-BT-TP-0032. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2025-BT-TP-0032, by any of the following methods:
(1)
<E T="03">Email: SmallElecMotors2025TP0032@ee.doe.gov.</E>
Include the docket number EERE-2025-BT-TP-0032 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption.
(2)
<E T="03">Postal Mail:</E>
Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a compact disc (“CD”), in which case it is not necessary to include printed copies.
(3)
<E T="03">Hand Delivery/Courier:</E>
Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.
No telefacsimiles (“faxes”) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section III of this document.
<E T="03">Docket:</E>
The docket for this proposed rulemaking, which includes
<E T="04">Federal Register</E>
notices, public meeting attendee lists and transcripts (if one is held), comments, and other supporting documents and materials, is available for review at
<E T="03">www.regulations.gov.</E>
All documents in the docket are listed in the
<E T="03">www.regulations.gov</E>
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
<E T="03">www.regulations.gov/docket/EERE-2025-BT-TP-0032.</E>
The docket web page contains instructions on how to access all documents, including public comments, in the docket, as well as a summary of the rulemaking. See section III of this document, “Public Participation,” for further information on how to submit comments through
<E T="03">www.regulations.gov.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Mr. David Taggart, U.S. Department of Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
<E T="03">DOEGeneralCounsel@hq.doe.gov.</E>
For further information on how to submit a comment or review other public comments and the docket contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email:
<E T="03">ApplianceStandardsQuestions@ee.doe.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">Table of Contents</HD>
<EXTRACT>
<FP SOURCE="FP-2">I. General Discussion</FP>
<FP SOURCE="FP-2">II. Procedural Issues and Regulatory Review</FP>
<FP SOURCE="FP1-2">A. Review Under Executive Order 12866</FP>
<FP SOURCE="FP1-2">B. Review Under the Regulatory Flexibility Act</FP>
<FP SOURCE="FP1-2">C. Review Under the Paperwork Reduction Act</FP>
<FP SOURCE="FP1-2">D. Review Under the National Environmental Policy Act of 1969</FP>
<FP SOURCE="FP1-2">E. Review Under Executive Order 13132</FP>
<FP SOURCE="FP1-2">F. Review Under Executive Order 12988</FP>
<FP SOURCE="FP1-2">G. Review Under the Unfunded Mandates Reform Act of 1995</FP>
<FP SOURCE="FP1-2">H. Review Under the Treasury and General Government Appropriations Act, 1999</FP>
<FP SOURCE="FP1-2">I. Review Under Executive Order 12630</FP>
<FP SOURCE="FP1-2">J. Review Under the Treasury and General Government Appropriations Act, 2001</FP>
<FP SOURCE="FP1-2">K. Review Under Executive Order 13211</FP>
<FP SOURCE="FP1-2">L. Review Under the Information Quality Bulletin for Peer Review</FP>
<FP SOURCE="FP1-2">M. Review Under Additional Executive Orders and Presidential Memoranda</FP>
<FP SOURCE="FP-2">III. Public Participation</FP>
<FP SOURCE="FP1-2">A. Attendance at the Webinar</FP>
<FP SOURCE="FP1-2">B. Procedure for Submitting Prepared General Statements for Distribution</FP>
<FP SOURCE="FP1-2">C. Conduct of the Public Webinar</FP>
<FP SOURCE="FP1-2">D. Submission of Comments</FP>
<FP SOURCE="FP-2">IV. Approval of the Office of the Secretary</FP>
</EXTRACT>
<HD SOURCE="HD1">I. General Discussion</HD>
Title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291,
<E T="03">et seq.</E>
) sets forth a variety of provisions designed to improve appliance and commercial equipment energy efficiency. Part C of Title III (42 U.S.C. 6311-6317), which was subsequently redesignated as Part A-1 for editorial reasons, establishes an energy conservation program for certain industrial equipment, which includes small electric motors, the subject of this document. 42 U.S.C. 6311(1)(A), 6313(b). Section 345(c) of EPCA directs the Secretary of Energy (“Secretary”) 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. 42 U.S.C. 6316(c). There is no such requirement in EPCA for independent testing or certification applicable to small electric motors, but DOE voluntarily added regulations establishing a certification program and procedures governing that program to the Code of Federal Regulations (“CFR”) at 10 CFR 431.447 and 448. See 87 FR 26608, 26639-26640 (May 4,2012).
The Secretary is pursuing a new policy to reduce regulatory burden wherever possible. Under that policy, unless a regulatory standard is required by statute, the Secretary proposes eliminating that requirement. As such, DOE is proposing to rescind the regulations establishing and governing the small electric motor nationally recognized certification and testing laboratory accreditation program.
DOE seeks comment on any reason to rescind or not rescind these regulations.
<HD SOURCE="HD1">II. Procedural Issues and Regulatory Review</HD>
<HD SOURCE="HD2">A. Review Under Executive Order 12866</HD>
Executive Order (E.O.) 12866, “Regulatory Planning and Review,” requires agencies, to the extent permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits; (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public.
For the reasons stated in the preamble, this proposed rule rescission is consistent with these principles. Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to OIRA for review. OIRA has determined that this proposed rule rescission does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this proposed rule rescission was not submitted to OIRA for review under E.O. 12866.
<HD SOURCE="HD2">B. Review Under Regulatory Flexibility Act</HD>
Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 601
<E T="03">et seq.</E>
), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (
<E T="03">i.e.,</E>
small businesses, small organizations, and small government jurisdictions).
DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. This proposal rescinds regulations. Therefore, DOE initially conclu
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