Energy Conservation Program: Test Procedure for Microwave Ovens
| Published date | 14 November 2019 |
| Citation | 84 FR 61836 |
| Record Number | 2019-24331 |
| Section | Proposed rules |
| Court | Energy Department |
Federal Register, Volume 84 Issue 220 (Thursday, November 14, 2019)
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Proposed Rules]
[Pages 61836-61850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24331]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 /
Proposed Rules
[[Page 61836]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0024]
RIN 1904-AE01
Energy Conservation Program: Test Procedure for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
existing test procedure for microwave ovens to provide additional
specification for the test conditions related to microwave oven clock
displays and microwave ovens with network functions. DOE is also
proposing editorial changes to add a section title inadvertently
omitted and to revise two incorrect cross-references. As part of this
proposal, DOE is announcing a public meeting to collect comments and
data on its proposal.
DATES:
Meeting: DOE will hold a webinar on November 14, 2019, from 10:00
a.m. to 1:00 p.m. See section V, ``Public Participation,'' for webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants. If no
participants register for the webinar then it will be cancelled.
Comments: Written comments and information are requested and will
be accepted before and after the public meeting, but no later than
January 13, 2020. See section V, ``Public Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2017-BT-
TP-0024, by any of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Email: [email protected]. Include the docket number and/
or RIN in the subject line of the message.
(3) Postal Mail: 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.
(4) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. 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 telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V of this document.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, 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-2017-BT-TP-0024. The docket web page will contain simple
instructions on how to access all documents, including public comments,
in the docket. See section V of this document for information on how to
submit comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: [email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-6122. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the webinar, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
1. Active Mode Amendments
2. Standby Mode Amendments
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Coverage
B. Active Mode Test Methods
C. Standby Mode and Off Mode Test Methods
1. Displays and Clocks
2. Connected Functions
D. Section Title and Cross-Reference
E. Integrated Annual Energy Consumption Metric
F. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization with Industry Standards
3. Other Test Procedure Topics
G. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 112866
B. Review Under Executive Orders 13771 and 113777
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 113132
G. Review Under Executive Order 112988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 112630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 113211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Description of Materials Incorporated by Reference
V. Public Participation
[[Page 61837]]
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Microwave ovens are included in the list of ``covered products''
for which DOE is authorized to establish and amend energy conservation
standards and test procedures. (42 U.S.C. 6292(a)(10)) DOE's energy
conservation standards for microwave ovens are currently prescribed at
Title 10 of the Code of Federal Regulations (``CFR'') part 430.32(j).
DOE's test procedures for microwave ovens are prescribed at 10 CFR
430.23(i) and appendix I to subpart B of 10 CFR part 430 (``Appendix
I''). The following sections discuss DOE's authority to establish test
procedures for microwave ovens and relevant background information
regarding DOE's consideration of test procedures for this product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. These products include microwave ovens, the subject of this
document. (42 U.S.C. 6292(a)(10))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The 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. Relevant
provisions of EPCA include definitions (42 U.S.C. 6291), energy
conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C. 6294), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal 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 pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, ``Household electrical appliances--Measurement of
standby power'' (Edition 2.0, 2011-01).
\4\ IEC 62087, ``Methods of measurement for the power
consumption of audio, video, and related equipment'' (Edition 3.0,
2011-04).
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If DOE determines that a test procedure amendment is warranted, it
must publish proposed test procedures and offer the public an
opportunity to present oral and written comments on them. (42 U.S.C.
6293(b)(2)) EPCA also requires that, at least once every 7 years, DOE
evaluate test procedures for each type of covered product, including
microwave ovens, to determine whether amended test procedures would
more accurately or fully comply with the requirements for the test
procedures not to be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary
determines, on his own behalf or in response to a petition by any
interested person, that a test procedure should be prescribed or
amended, the Secretary shall promptly publish in the Federal Register
proposed test procedures and afford interested persons an opportunity
to present oral and written data, views, and arguments with respect to
such procedures. The comment period on a proposed rule to amend a test
procedure shall be at least 60 days and may not exceed 270 days. In
prescribing or amending a test procedure, the Secretary shall take into
account such information as the Secretary determines relevant to such
procedure, including technological developments relating to energy use
or energy efficiency of the type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure
revisions are not appropriate, DOE must publish its determination not
to amend the test procedures. DOE is publishing this notice of proposed
rulemaking (``NOPR'') in satisfaction of the 7-year review requirement
specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedure for microwave ovens appears at
Appendix I, titled ``Uniform Test Method for Measuring the Energy
Consumption of Cooking Products''. For reasons discussed in the
following sections, the current microwave oven test procedure does not
include active mode and measures energy use only in standby mode and
off mode. Before today, DOE issued four documents related to possible
amendments to the test procedure: A NOPR in 2013, two requests for
information (in 2011 and 2018), and a notice of data availability in
2012.
1. Active Mode Amendments
DOE originally established the test procedure for microwave ovens
on May 10, 1978, based on a 1975 version of the industry standard
developed by the IEC. 43 FR 20120. DOE amended the original test
procedure in an October 3, 1997
[[Page 61838]]
final rule that measured active mode energy use only and was based on
an updated version of IEC Standard 705--Second Edition 1988 and
Amendment 2--1993, ``Methods for Measuring the Performance of Microwave
Ovens for Households and Similar Purposes'' (``IEC 705''). 62 FR 51976.
On July 22, 2010, DOE published a final rule in which it repealed the
regulatory test procedure for measuring the cooking efficiency of
microwave ovens. 75 FR 42579 (``July 2010 Repeal Final Rule''). In the
July 2010 Repeal Final Rule, DOE determined that the existing microwave
oven test procedure did not produce representative and repeatable test
results. 75 FR 42579, 42580. DOE stated at that time that it was
unaware of any test procedures that had been developed that addressed
these concerns. 75 FR 42579, 42581.
On October 24, 2011, DOE published a request for information
(``RFI'') to inform its consideration of active mode testing
methodologies for microwave ovens (``October 2011 RFI''). 76 FR 65631.
DOE specifically sought information, data, and comments regarding
representative and repeatable methods for measuring the energy use of
microwave ovens in active mode, particularly for the microwave-only and
convection-microwave cooking (i.e., microwave plus convection and any
other means of cooking) modes.
To inform its consideration of a test procedure for the microwave
oven active mode, DOE conducted testing to evaluate potential methods
for measuring the active mode energy use for these products, including
the microwave-only, convection-only, and convection-microwave cooking
modes. On June 5, 2012, DOE published a notice of data availability
(``June 2012 NODA'') to present test results and analytical approaches
that DOE was considering for potential amendments to the microwave oven
test procedure and to request additional comment and information on
these results. 77 FR 33106. In the June 2012 NODA, DOE presented test
results from microwave-only, convection-only, and convection-microwave
cooking mode testing using water loads, food simulation mixtures, and
real food loads. DOE also presented test results from testing of the
convection-only cooking mode using the aluminum test block specified in
the DOE conventional oven test procedure then in effect.\5\
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\5\ The DOE conventional oven test procedure in Appendix I was
later repealed in a final rule published on December 16, 2016. 81 FR
91418. DOE determined that the conventional oven test procedure did
not accurately represent consumer use, as it favored conventional
ovens with low thermal mass and did not capture cooking performance-
related benefits due to increased thermal mass of the oven cavity.
81 FR 91418, 91423-91424.
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On February 4, 2013, DOE published a NOPR (``February 2013 NOPR'')
in which it proposed adding provisions to measure active mode energy
use for microwave ovens, including microwave-only ovens and convection
microwave ovens. 78 FR 7940. For measuring the energy use in microwave-
only cooking mode, DOE proposed test methods based on the November 2011
draft version of IEC 60705, ``Household microwave ovens--Methods for
measuring performance.'' 78 FR 7940, 7942. DOE also proposed provisions
for measuring the energy use of convection microwave ovens in
convection-only cooking mode based on the test procedure for
conventional ovens in Appendix I. Id. DOE further proposed to calculate
the energy use of convection-microwave cooking mode for convection
microwave ovens by apportioning the microwave-only cooking mode and
convection-only cooking mode energy consumption measurements based on
typical consumer use. Id.
The IEC issued an updated version of IEC 60705, ``Household
microwave ovens--Methods for measuring performance'' Edition 4.1 on
June 30, 2014 (``IEC 60705 Ed. 4.1'').
On January 18, 2018, DOE published an RFI (``January 2018 RFI'')
describing the current requirements for the microwave oven test
procedure and requesting information on several topics including the
feasibility of pursuing active cooking mode and fan-only mode test
methods for microwave-only ovens and convection microwave ovens. 83 FR
2566. DOE discussed the previous active mode test procedure proposal
from the February 2013 NOPR and requested interested parties to provide
updated data and information. This NOPR addresses the comments received
in response to the January 2018 RFI regarding active mode for microwave
ovens. DOE is not proposing an active mode test procedure.
The interested parties that submitted relevant comments to DOE in
response to the January 2018 RFI are listed in Table I-1.\6\
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\6\ In addition to the five commenters listed in the table, DOE
received two comments that were submitted anonymously and not
relevant to the microwave oven test procedure. These comments will
not be addressed.
Table I-1--January 2018 RFI Written Comments
----------------------------------------------------------------------------------------------------------------
Organization(s) Reference in this NOPR Organization type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Joint Commenters................. Efficiency Organizations.
Project (``ASAP''), American
Council for an Energy-Efficient
Economy (``ACEEE''), Consumer
Federation of America (``CFA''),
Consumers Union (``CU''), National
Consumer Law Center (``NCLC''),
Northeast Energy Efficiency
Partnerships (``NEEP''), Northwest
Energy Efficiency Alliance
(``NEEA''), and Northwest Power and
Conservation Council (``NPCC'').
Association of Home Appliance AHAM............................. Trade Association.
Manufacturers.
GE Appliances, a Haier Company...... GE............................... Manufacturer.
Karla Quezada....................... Karla Quezada.................... Consumer.
Whirlpool Corporation............... Whirlpool........................ Manufacturer.
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On May 30, 2018, the IEC issued an additional amendment to IEC
60705, which it consolidated into a version entitled Edition 4.2. The
changes in this amendment related to the definition of rounding and the
determination of usable and overall volume of the microwave oven.
2. Standby Mode Amendments
As discussed, DOE is required to amend the test procedures for
covered products to address standby mode and off mode energy
consumption and to integrate such energy consumption into the energy
descriptor for that product unless the current test procedure already
fully account for such consumption. (42 U.S.C. 6295(gg)(2)(A)) If
integration is technically infeasible, DOE must prescribe a separate
standby mode and off mode energy use test procedure, if technically
feasible. Id. Any such amendment must consider the most current
versions of IEC 62301
[[Page 61839]]
``Household electrical appliances--Measurement of standby power,'' and
IEC 62087 ``Methods of measurement for the power consumption of audio,
video, and related equipment.'' Id.
On March 9, 2011, DOE published an interim final rule (``March 2011
Interim Final Rule'') amending the test procedure for microwave ovens.
76 FR 12825. The March 2011 Interim Final Rule incorporated by
reference IEC 62301 First Edition 2005-06 (``IEC 62301 (First
Edition)'') to establish test conditions and testing procedures for
measuring the average standby mode and average off mode power
consumption. 76 FR 12825, 12828. As authorized by EPCA, DOE also added
definitions of ``active mode,'' ``standby mode,'' and ``off mode''
based on the definitions provided in IEC 62301 Edition 2.0 2011-01
(``IEC 62301 (Second Edition)''). 76 FR 12825, 12836. In addition, DOE
adopted language to clarify the application of IEC 62301 (First
Edition) to measuring standby mode and off mode power. Specifically,
DOE defined the test duration for units under test in which the
measured standby mode power consumption of the microwave oven displays
varies depending on the time-of-day displayed on the clock. 76 FR
12825, 12828.
The amendments adopted in the March 2011 Interim Final Rule became
effective on April 8, 2011. 76 FR 12825, 12925. However, DOE noted that
to ensure that the amended test procedure adequately addresses the EPCA
requirement to consider the most recent version of IEC 62301, and
recognizing that the IEC issued IEC 62301 (Second Edition) in January
of 2011, DOE issued the microwave oven test procedure as an interim
final rule and offered an additional 180-day comment period to consider
whether any changes should be made to the interim final rule in light
of publication of IEC 62301 (Second Edition). 76 FR 12825, 12830-12831.
DOE stated that it would consider these comments and, to the extent
necessary, publish a final rulemaking incorporating any changes. Id.
Based in part on public comment, DOE further analyzed IEC 62301
(Second Edition). DOE subsequently published a final rule on January
18, 2013 (``January 2013 Final Rule''), amending the test procedure for
microwave ovens to reference certain provisions of IEC 62301 (Second
Edition), along with clarifying language, for the measurement of
standby mode and off mode energy use. 78 FR 4015. For only those
microwave oven basic models with power consumption that varies as a
function of the time displayed, DOE maintained the existing use of IEC
62301 (First Edition) for measuring standby mode power to minimize
manufacturer burden. 78 FR 4015, 4021. DOE also determined that
microwave ovens combined with other appliance functionality satisfy the
definition of ``microwave oven'' at 10 CFR 430.2, but due to a lack of
data and other information, did not adopt provisions to measure the
standby mode and off mode energy use of the microwave oven component of
these combined cooking products.\7\ 78 FR 4015, 4022.
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\7\ Appendix I defines ``combined cooking product'' as a
household cooking appliance that combines a cooking product with
other appliance functionality, which may or may not include another
cooking product. Combined cooking products include the following
products: Conventional range, microwave/conventional cooking top,
microwave/conventional oven, and microwave/conventional range.
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In the January 2018 RFI, DOE requested information on the current
status of technology for network functions in microwave ovens, which
may affect the standby mode energy consumption. This NOPR addresses the
comments received in response to the January 2018 RFI regarding standby
mode for microwave ovens and proposes minor amendments to the standby
mode test procedures.
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update Appendix I with (1)
requirements for both the clock display and network functionality when
testing standby and off mode and (2) technical corrections. DOE does
not propose adding an active mode measurement.
In particular, for the standby and off mode test procedure, DOE
proposes requiring that (1) any clock display is turned on and remains
on during testing, unless the clock display powers down automatically
and the product provides no option for the consumer to prevent the
display from powering down automatically; and (2) any network function
is disabled during testing, if it is possible to do so by means
provided in the manufacturer's user manual. If disabling is not
possible, the energy use associated with network functionality should
not be reported to DOE and will not be used to determine compliance
with DOE energy conservation standards. DOE also proposes editorial
changes to add a section title inadvertently left out of the test
procedure and to revise two incorrect cross-references.
DOE has tentatively determined that the proposed test procedure
would not be unduly burdensome. DOE's proposed actions are summarized
in Table II-1 and addressed in detail in section III of this document.
Table II-1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
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Proposed test
Current DOE test procedure procedure Attribution
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References paragraph 5.2 of IEC Specifies that the To improve
62301 (Second Edition), which microwave oven must representative
specifies that the product must be tested with the ness.
be tested in accordance with clock display on,
manufacturer's instructions or regardless of the
using default settings if no manufacturer's
instructions are available. If instruction or
there are no instructions and if default setting or
default settings are not supplied setting,
indicated, then the microwave unless the clock
oven is tested as supplied. display powers down
automatically and
the product
provides no setting
that allows the
consumer to prevent
such automatic
power down.
[[Page 61840]]
Does not explicitly specify Specifies that if To improve
configuration of a network present, the repeatability
function, if present. References network function and
paragraph 5.2 of IEC 62301 must be disabled. comparability
(Second Edition), which of results.
specifies that the product must
be tested in accordance with
manufacturer's instructions or
using default settings if no
instructions are available. If
there are no instructions and if
default settings are not
indicated, then the microwave
oven is tested as supplied. In
DOE's previous test procedures
for microwaves, however, DOE
determined that it would not
measure network functionality
energy use. In particular, DOE
specifically determined in its
2012 test procedure not to
include provisions for measuring
energy use in network
functionality (77 FR 65942,
65953-54 (Oct. 31, 2012), and
DOE's most recent test procedure
for microwaves did not address
network functionality (81 FR
91418; Dec. 16, 2016).
Section title inadvertently left Section title added, To improve
out and two cross-references are and cross- readability.
incorrect. references
corrected.
------------------------------------------------------------------------
III. Discussion
In the January 2018 RFI, DOE sought feedback on several topics such
as the feasibility of pursuing an active mode test method for microwave
ovens, industry trends for connected appliances, and microwave oven
standby mode setup. 83 FR 2566. DOE received several comments in
response to the January 2018 RFI. In the following sections, DOE
discusses the issues identified in previous rulemakings, comments
received from stakeholders in response to specific topics in the
January 2018 RFI, and DOE's responses to these comments.
DOE also received general comments in response to the January 2018
RFI. AHAM stated that the current test procedure is accurate,
repeatable, and reproducible, and is not unduly burdensome to conduct,
and therefore urged DOE to issue a determination that the test
procedure does not need to be amended. (AHAM, No. 4 at p. 2) \8\ GE and
Whirlpool supported AHAM's comments in their entirety. (GE, No. 3 at p.
1; Whirlpool, No. 5 at p. 1) Whirlpool additionally commented that the
current microwave oven test procedure is clear, with no major issues
identified with repeatability, reproducibility, representativeness, or
test burden. (Whirlpool, No. 5 at p. 1)
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\8\ A notation in the form ``AHAM, No. 4 at p. 2'' identifies a
written comment: (1) Made AHAM; (2) recorded in document number 4
that is filed in the docket of this test procedure rulemaking
(Docket No. EERE-2017-BT-TP-0024, available for review at http://www.regulations.gov); and (3) which appears on page 2 of document
number 4.
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As discussed in the following sections, DOE has identified several
amendments that it has initially determined are warranted to ensure the
repeatability of the test procedure and the representativeness of the
results.
AHAM commented that if DOE determines that amendments to the
existing test procedure are warranted, any final rule for an amended
test procedure should be issued before DOE initiates any standards
rulemaking. According to AHAM, engineering analysis and sound policy
conclusions can only be based on a known, final test procedure that all
stakeholders have had the opportunity to use to evaluate design options
and proposed standard levels. (AHAM, No. 4 at p. 2) AHAM further
requested that DOE not publish a standards RFI or framework document
until at least 180 days after a test procedure final rule publishes
that would be used to determine compliance with any final standards.
(AHAM, No. 4 at p. 2)
DOE recognizes that a finalized test procedure allows interested
parties to provide more effective comments on proposed standards.
Further, if the test procedure is finalized sufficiently in advance of
the issuance of proposed standards, manufacturers will have experience
using the new test procedure, which may provide additional insights
into the proposed standards. As discussed, this NOPR is proposing
amendments to the microwave oven test procedure, not the energy
conservation standard, which is outside the scope of this rulemaking.
A. Scope of Coverage
This rulemaking applies to microwave ovens, which DOE defines as a
category of cooking products which is a household cooking appliance
consisting of a compartment designed to cook or heat food by means of
microwave energy, including microwave ovens with or without thermal
elements designed for surface browning of food and convection microwave
ovens. This includes any microwave oven(s) component of a combined
cooking product. 10 CFR 430.2. DOE is not proposing to amend the scope
of the current microwave oven test procedure.
B. Active Mode Test Methods
As discussed in section I.B.1 of this document, in the July 2010
Repeal Final Rule, DOE repealed the active mode test provisions
originally established in Appendix I because they did not produce
representative and repeatable measurements of microwave oven energy use
in active mode. 75 FR 42579. DOE proposed in the February 2013 NOPR to
add provisions to the microwave oven test procedure in Appendix I for
measuring energy use in microwave-only cooking mode based on the
November 2011 draft version of IEC 60705. 78 FR 7940, 7946. AHAM
commented on the February 2013 NOPR that it ``fully supports
harmonization with IEC 60705. But DOE should not base the U.S. test
procedure on a draft of that standard. Instead, DOE should wait to
harmonize with the final IEC 60705.'' (AHAM, EERE-2010-BT-TP-0023, No.
18 at p. 4) On June 30, 2014, IEC published IEC 60705 Ed. 4.1.
Therefore, in the January 2018 RFI, DOE sought additional feedback on
active mode test methods, including data and information that may not
have been available at the time of the previous rulemaking. 83 FR 2566,
2570-2572 (Jan. 18, 2018)
In response to the January 2018 RFI, AHAM commented that adding an
active mode measurement would
[[Page 61841]]
significantly increase test burden, contrary to the EPCA requirement
that the test procedure not be unduly burdensome to conduct. AHAM
explained that adding an active mode measurement would increase the
test time by as much as five to six times the current test time of
about 2 hours, an increase which AHAM believes is significant. AHAM
estimated that each active mode test would likely require 2 hours, and
because three beaker sizes would each be tested twice, the total test
time would be about 12 hours. Further, AHAM stated that an active mode
measurement would require new laboratory equipment and could require
new or updated facilities due to the additional test time and test
requirements. According to AHAM, for example, manufacturer and third-
party laboratories would likely need to build new laboratories to be
able to maintain the current capacity, given the longer test time. AHAM
also commented that it is not aware of companies currently conducting
an active mode test procedure, so by requiring such methodology, DOE
would be imposing new burden on companies. Therefore, AHAM stated that
DOE should not amend the test procedure at this time. (AHAM, No. 4 at
pp. 2-3) GE commented that the energy costs associated with active mode
functionalities do not justify the burden and cost imposed on
manufacturers to perform an active mode test. (GE, No. 3 at p. 1) GE
commented that, based on a U.S. average electricity kilowatt-hour price
of about 12 cents, a typical consumer using microwave-only cooking mode
would consume energy costing less than 75 cents per month. (GE, No. 3
at p. 2)
AHAM also commented that an active mode test procedure would de-
harmonize the United States with the rest of the world. Even though IEC
60705 Ed. 4.1 measures active mode, no country requires active mode
testing for regulatory purposes to AHAM's knowledge. AHAM stated that
this was particularly problematic because microwave ovens, perhaps more
than any other home appliance, are global products. (AHAM, No. 4 at pp.
1, 3)
Further, AHAM commented that standards for active mode would not be
economically justified. AHAM, referencing an April 8, 2009 final rule
(``April 2009 Standards Final Rule'', 74 FR 16040), stated that DOE has
previously found that the energy savings and emissions reductions would
be outweighed by the large decrease in the net present value of
consumer impacts (with almost all consumers experiencing net cost), the
economic burden on many consumers, and the large capital conversion
costs that could result in a reduction in industry net present value.
AHAM does not believe this analysis would produce different results
now. (AHAM, No. 4 at p. 3) AHAM further added that to its knowledge, no
technology is currently available to reduce energy use in the active
mode for either microwave-only ovens or convection microwave ovens.
(AHAM, No. 4 at pp. 3-4)
Conversely, the Joint Advocates supported an active mode test
procedure, stating that DOE's analysis from the February 2013 NOPR
showed that, on average, active mode energy consumption is almost 90
percent of microwave oven energy use. (Joint Advocates, No. 8 at pp.1-
2) These commenters stated that an active mode test procedure would
provide valuable consumer purchasing information, allowing
manufacturers to distinguish efficient products, some of which may
contain features that increase consumer utility. (Joint Advocates, No.
8 at pp. 1-2) The Joint Advocates believe that technologies may be
available to significantly improve efficiency in active mode,
specifically solid-state radio-frequency (``RF'') components, which may
also provide greater consumer utility in terms of more even heating and
longer lifetimes. Without a test procedure, the Joint Advocates believe
that manufacturers do not have a way to distinguish the potential
improved performance. (Joint Advocates, No. 8 at p. 2)
To measure the energy consumption of microwave ovens in the
microwave-only cooking mode, the Joint Advocates supported the use of
IEC 60705 Ed. 4.1. (Joint Advocates, No. 8 at p. 2) They cited results
that DOE presented in the February 2013 NOPR, which were based on a
draft version of the IEC 60705 standard, showing minimal test-to-test
variation for each water load size.\9\ Further, the Joint Advocates
stated that the European Committee for Electrotechnical
Standardization's (``CENELEC'') round robin testing that evaluated the
IEC 60705 standard found it to be repeatable and reproducible as well.
(Joint Advocates, No. 8 at pp. 2-3) Karla Quezada supported harmonizing
with the IEC 60705 Ed. 4.1 standard unless it would delay a test that
may be useful with current technology and devices. (Karla Quezada, No.
2 at p. 2)
---------------------------------------------------------------------------
\9\ IEC 60705 requires that the active mode energy consumption
of a microwave oven be evaluated by heating three distinct known
quantities of water (275g, 350g and 1000g, also called water loads)
through multiple temperature gradients and measuring the cumulative
energy required for the water to attain the final temperature. The
resulting data is used to generate an energy consumption metric for
microwave ovens.
---------------------------------------------------------------------------
In this document, DOE is not proposing any updates to Appendix I to
measure microwave oven energy use in active mode. As stated, EPCA
requires that test procedures for microwave ovens be reasonably
designed to produce test results which measure energy efficiency or
energy use during a representative average use cycle or period of use,
and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE has
initially determined that an active mode measurement for microwave
ovens would be unduly burdensome at this time. DOE finds at this point
that the expected increase in testing cost resulting from increased
testing time and the potential need for new laboratory equipment and
facility upgrades would not be justified especially because DOE
previously determined in the April 2009 Standards Final Rule that an
energy conservation standard for microwave oven active mode would not
be technologically feasible and economically justified. 74 FR 16040,
16087. In the context of evaluating the microwave test procedure, the
circumstances that led to the determination in the April 2009 Final
Rule have not changed substantially at this time.
Regarding the potential use of solid-state Radio Frequency (``RF'')
technologies, based on a review of the current state of the technology,
this is still a new technology that is not commercially available in
the United States. At present, it is unclear whether IEC 60705 Ed. 4.2
would provide results that are representative of an average use cycle,
in a repeatable manner, for microwave ovens using solid-state RF
technologies.
C. Standby Mode and Off Mode Test Methods
1. Displays and Clocks
In the January 2018 RFI, DOE requested feedback on certain topics
related to microwave oven displays and clocks. DOE requested
information about whether the standby mode and off mode test procedure
should be amended, specifically for microwave ovens with an option to
turn the display on or off. DOE also requested data on the difference
in standby power consumption with the display turned on and off, as
well as consumer usage data on how frequently consumers power off the
clock display when this option is available, and how much consumers
value a microwave oven clock display
[[Page 61842]]
that is capable of remaining powered on at all times. DOE also
requested information regarding how manufacturer instructions for the
initial setup of the microwave oven differ from the default as-shipped
settings, and the merits of requiring initial setup in accordance with
manufacturer instructions versus requiring testing using the default
settings. 83 FR 2566, 2572.
AHAM commented that the existing standby mode and off mode test
procedure is repeatable, reproducible, representative, not unduly
burdensome to conduct, and does not need to be amended at this time.
AHAM believes that without available data suggesting the standby mode
and off mode test procedure should be amended, DOE should not change
it. (AHAM, No. 4 at pp. 1, 8) AHAM further stated that the current
standby and off mode test is consistent with how other products are
tested (i.e., the test unit is set up consistent with manufacturer
instructions, and if no instructions are available, the default
settings are used). AHAM urged DOE not to deviate from this approach,
especially without supporting data. (AHAM, No. 4 at pp. 8-9) Karla
Quezada commented that although manufacturers contend that the energy
consumption of the microwave oven clock display is negligible, the
aggregate of such small individual energy consumptions may result in
meaningful cost to the consumer. (Karla Quezada, No. 2 at pp. 2-3) For
the reasons discussed in the remainder of this section, DOE is
proposing additional direction to the standby mode and off mode test
procedure for microwave ovens, which it has initially determined will
improve the representativeness and reproducibility of the test results.
For microwave ovens that provide an option to turn the display on
or off, the existing requirements in section 2.1.3 of Appendix I
specify that these ovens are to be tested in accordance with
manufacturer's instructions, and if no instructions are available,
using the factory or ``default'' settings, or if such settings are not
indicated, testing the microwave oven as supplied. Section 3.1.3.1 of
Appendix I further specifies that for microwave ovens in which power
varies as a function of displayed time in standby mode (e.g., as with
microwave ovens with a clock that uses seven-segment light emitting
diode (``LED'') displays), the clock time must be set to 3:23 prior to
taking measurements. However, to ensure that testing is more
representative of microwave ovens that display the clock time, DOE is
proposing to explicitly specify that the clock display must be on
during testing unless the clock display powers down automatically and
the product provides no option for the consumer to prevent the display
from powering down automatically. In a prior energy conservation
standard proposed rulemaking, manufacturers stated that consumers
expect that a microwave oven equipped with a display should show clock
time while in standby mode. 73 FR 62034, 62080 (Oct. 17, 2008).
Accordingly, DOE proposes that for microwave ovens that provide
consumers the ability to turn the clock on or off, the unit must be set
up such that the clock display remains on at all times during testing,
unless the clock powers down automatically and the product provides no
available setting for the consumer to prevent the automatic powering-
down of the clock. The requirement to set up the clock and for the
clock to remain on would apply regardless of manufacturer instruction,
the default setting, or the supplied setting (as specified in paragraph
5.2 of IEC 62301 (Second Edition), which is referenced in section 2.1.3
of Appendix I for setup instructions).
DOE requests comment on the proposed updates to keep the clock
display on during testing, unless the clock powers down automatically
with no setting to allow the consumer to override this feature, and
whether these updates would result in additional test burden. DOE also
requests comment on consumer habits regarding the use of clock displays
that can be optionally turned on or off.
2. Connected Functions
In the January 2018 RFI, DOE requested information on whether to
amend the standby mode and off mode test procedure to address microwave
ovens that have network functions, such as Bluetooth[supreg]
technology, including information for suitable test methods.\10\ DOE
also requested information on whether any microwave ovens currently on
the market include internet connections to allow for additional control
functions, including the utility of this functionality, potential
energy impacts, and the appropriate energy-related settings to use for
testing. 83 FR 2566, 2573 (Jan. 18, 2018)
---------------------------------------------------------------------------
\10\ A ``network'' in this context includes communication
between two or more separate independently powered devices or
products.
---------------------------------------------------------------------------
AHAM asserted that the current microwave oven test procedure does
not require measuring network functionality. According to AHAM, these
features are still developing, as are consumers' use and understanding
of them, and regulating them now would likely stifle innovation and
could, in some cases, prevent manufacturers from including such
features. It stated that connected appliances and the market for them
are in the early stages of development. AHAM stated that meaningful
data on consumer use are unavailable due to limited market penetration.
(AHAM, No. 4 at p. 9) AHAM further stated that it opposes amending the
test procedure to account for newly developing features such as
connected functions without national, statistically significant field
data on consumer use. In order to avoid stifling this new area of
innovation and its potential energy savings benefits, and to reduce the
cumulative regulatory burden already experienced by the appliance
industry, AHAM urged DOE not to revise the test procedure to account
for the energy use of connected functions. (AHAM, No. 4 at p. 9)
According to AHAM, connected features operate with different
capabilities and may have energy saving benefits to consumers. It
stated that connected appliances can play a critical role in increasing
the energy efficiency of the grid and can be used by utilities to
increase demand response by peak load shifting as well as facilitate
increased penetration of renewable sources of power. (AHAM, No. 4 at p.
9) GE commented that DOE's regulation of network functionality or other
modes involving networked features would impede technology advances in
microwave cooking products and the ``Internet of Things.'' (GE, No. 3
at p. 3)
The Joint Advocates commented that as connected products are
introduced to the market, the energy use of these features should be
captured to encourage manufacturers to provide these features with low
power consumption, which would benefit consumers. (Joint Advocates, No.
8 at p. 1) These commenters recommended that DOE require the
measurement of energy use associated with Bluetooth[supreg] or internet
connections. If the energy use of connected features is not captured in
the test procedure, the Joint Advocates asserted that consumers will
not have information about these features' energy use, and
manufacturers that develop ways to provide these features with low
power consumption will not be able to distinguish their products in the
market. (Joint Advocates, No. 8 at p. 3) The Joint Advocates stated
that at least one manufacturer offers a unit that uses
Bluetooth[supreg] technology, and multiple manufacturers have plans to
introduce ``connected microwave ovens.'' (Joint Advocates, No. 8 at p.
3)
[[Page 61843]]
DOE recently published an RFI on the emerging smart technology
appliance and equipment market. 83 FR 46886 (Sept. 17, 2018). In that
RFI, DOE sought information to better understand market trends and
issues in the emerging market for appliances and commercial equipment
that incorporate smart technology. DOE's intent in issuing the RFI was
to ensure that DOE did not inadvertently impede such innovation in
fulfilling its statutory obligations in setting efficiency standards
for covered products and equipment. In this NOPR, DOE seeks comment on
the same issues presented in the RFI as they may be applicable to
microwave ovens.
DOE is aware of microwave ovens with connected functionality that
use either Bluetooth[supreg] or Wi-Fi to communicate with other cooking
products, such as a range, or with a consumer, either via voice
commands or a smartphone or tablet. Under DOE's current regulations,
the standby energy use of a microwave oven would be affected by whether
the network function is active. Section 2.1.3 of Appendix I generally
specifies that a microwave oven must be installed in accordance with
paragraph 5.2 of IEC 62301 (Second Edition), which states that the
product must be prepared and setup in accordance with manufacturer's
instructions, and if no instructions for use are available, then
factory or default settings must be used, or if such settings are not
indicated, the product must be tested as supplied. However, the current
microwave oven test procedure does not state how to configure a network
function, regardless of whether such instructions are provided in the
manufacturer's instructions. For a unit that is connected to the
internet, the speed and configuration of an internet connection could
also impact the energy consumed by the device. Also, based on a review
of manufacturer websites and user manuals of various appliances, as
well as testing conducted at DOE and third-party laboratories,
connected features are implemented in a variety of ways across
different brands. Further, the design and operation of these features
is continuously evolving as the nascent market begins to grow for these
products.
To further ensure the repeatability and comparability of test
results between models, and consistent with the 2018 ``smart products''
RFI, DOE is proposing that connected features be disabled during
testing. Because these features are relatively new and their presence
in the market and use in field is limited, DOE does not have enough
information to indicate what would constitute a representative
configuration. Without this information, requiring testing with the
network function enabled would be inappropriate. Specifically, in this
NOPR, DOE proposes that microwave ovens that are equipped with a
network function, such as Bluetooth[supreg] technology or the
capability for internet connectivity (i.e., ``connected microwave
ovens''), are to be tested with the network function disabled during
testing. If a network function cannot be disabled per manufacturer's
instructions in the owner's manual (e.g., by pressing a button on the
microwave oven's control panel), DOE proposes that the energy use of
such network functions need not be reported to DOE nor used in
determining compliance with the applicable energy conservation
standard. However, DOE recognizes there are alternative approaches to
address the issue of microwaves that cannot turn the network
functionality off. One such approach would be to require the energy use
of the network feature be measured and subtracted from the standby mode
energy measurement. DOE additionally requests comment on this
alternative approach.
DOE proposes to clarify that section 2.1.3 of Appendix I, which
specifies that a microwave oven must be installed in accordance with
paragraph 5.2 of IEC 62301 (Second Edition), does not apply with
respect to measuring the energy use of network functions. Paragraph 5.2
states, in part, that the product must be prepared and setup in
accordance with manufacturer's instructions, and if no instructions for
use are available, then factory or default settings must be used, or if
such settings are not indicated, the product must be tested as
supplied. In DOE's previous test procedures for microwaves, however,
DOE determined that it would not measure network functionality energy
use. In particular, DOE specifically determined in its 2012 test
procedure not to include provisions for measuring energy use in network
functionality (77 FR 65942, 65953-54 (Oct. 31, 2012), and DOE's most
recent test procedure for microwaves did not address network
functionality (81 FR 91418; Dec. 16, 2016).
DOE requests comment on the proposed requirements for testing
microwave ovens with network functions disabled, including its
alternative approach of subtracting the energy used by the network
functions from the standby mode energy consumption measurement, where
network functions cannot be disabled.
D. Integrated Annual Energy Consumption Metric
EPCA requires DOE to incorporate the active mode, standby mode, and
off mode energy use values into a single energy use metric, unless it
is technically infeasible to do so. (42 U.S.C. 6295(gg)(2)(A))
Accordingly, in the January 2018 RFI, DOE requested input on methods
for calculating an integrated annual energy use metric for microwave
ovens. DOE also requested data on the consumer usage habits for each
available operating mode for microwave ovens. 83 FR 2566, 2569-2570,
2573 (Jan. 18, 2018)
AHAM commented that because it opposes including active mode
measurements in the microwave oven test procedure, it did not have
feedback at this time on an integrated metric. AHAM also commented that
it is not aware of any updated consumer usage data for microwave oven
active modes. (AHAM, No. 4 at p. 10)
As discussed, DOE is not proposing an active mode test method for
microwave ovens in this NOPR. As such, consideration of an integrated
metric is moot, and DOE is not proposing to make any changes to the
existing metric for microwave oven energy consumption.
DOE requests comment on maintaining the current metric for
microwave oven energy consumption.
E. Section Title and Cross-Reference
DOE is proposing to add a title to distinguish test procedure
provisions regarding the power supply and to correct two cross-
references. DOE is proposing to insert ``2.2.2 Gas supply'' in Appendix
I prior to general energy supply specifications for cooking products
related to gas burner adjustments, natural gas, propane, and test gas.
This title would provide parallel organization with the electrical
supply provisions in section 2.2.1 of Appendix I and would improve
readability. Additionally, in two places the current test procedure
cites section 1.15 of Appendix I for the definition of ``inactive
mode.'' The definition for ``inactive mode'' is at section 1.14. DOE is
proposing to correct these cross-references to avoid potential
confusion. [Update this section if section 2.2.2.1-4 is removed prior
to this NOPR being published]
F. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. In this NOPR,
[[Page 61844]]
DOE proposes that a microwave oven clock display be turned on,
notwithstanding the requirements in section 2.1.3 of Appendix I, which
references paragraph 5.2 of IEC 62301 (Second Edition). That is, DOE
proposes the following changes from the current requirements of section
2.1.3 of Appendix I: The unit would not be installed according to
manufacturer instructions, default setting, or supplied setting if
necessary to ensure that the clock display remains on unless the
microwave oven automatically powers down the clock display and the
product provides no setting that allows the consumer to prevent the
clock display from powering down automatically. DOE also proposes to
clarify that a unit with a network function be tested with the network
function disabled during testing. DOE has tentatively determined that
these proposed amendments would not be unduly burdensome for
manufacturers to conduct.
The proposed amendments would not impact the scope of the test
procedure (i.e., the proposal would not require manufacturers to test
microwave ovens that are not already required to be tested). DOE has
tentatively determined that the proposed amendments would not alter the
measured energy efficiency/energy use of microwave ovens.
To evaluate whether any microwave oven would require retesting if
DOE finalized the direction to keep the clock display on at all times
during testing, if possible, DOE sought to identify whether any
microwave ovens that are currently required to be tested with the clock
display off would be tested with the clock display on under the
proposal in this document. DOE reviewed all microwave ovens that are
currently certified as having standby power less than 0.5 watts in
DOE's Compliance Certification Database.\11\ DOE selected 0.5 watts as
the threshold value to investigate because during testing and
investigation conducted during the previous microwave oven energy
conservation standards final rule (78 FR 36316; published on June 17,
2013), DOE observed that a standby power consumption of 0.5 watts or
less typically indicates that the microwave oven uses more efficient
components or that the microwave oven clock display is off.
---------------------------------------------------------------------------
\11\ U.S. Department of Energy's Compliance Certification
Database. Last accessed December 26, 2018. https://www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A*.
---------------------------------------------------------------------------
DOE identified 50 models of microwave ovens with standby power less
than 0.5 watts. Of those identified microwave ovens that had user
manuals available online or that DOE tested in-house (comprising a
total of 35 of the 50 initially identified models), DOE reviewed the
user manuals of these models to determine the status of the microwave
oven clock display required under the current test procedure as
compared to the status of the microwave oven clock display if tested
under the proposed procedure. For the models with manuals available
online, 31 user manuals either specify that the microwave oven has an
LED display or describe one of the features of the display screen as
the capability to display the clock time when the microwave oven is not
in use. The manuals also include instructions to setup the clock time.
Given that these 31 models of microwave ovens have LED clock
displays and/or instructions for setup of the clock time in the user
manuals, both the current test procedure and the test procedure as
proposed in this NOPR would require the microwave oven clock display to
be on during testing. As noted, section 3.1.3.1 of Appendix I requires
setting the clock to 3:23 before testing any unit with a power draw
that varies based on the displayed time. The current procedure also
requires setting up each unit according to manufacturer instructions
prior to testing. Section 2.1.3 of Appendix I. These 31 models of
microwave ovens are currently required to be tested with the microwave
oven display clock on during testing, which would not change if DOE
adopted the proposal in this NOPR.
For the remaining four models of microwave ovens that have online
user manuals, the user manual did not contain instructions to set up
the clock time, nor any image indicating a means on the microwave
oven's control panel to configure the clock. In these instances, the
user manuals identified the microwave ovens as having an auto-power
down feature that shuts off the display, and the product provides no
option to disable this feature; thus, these units would continue to be
tested with the clock display off under the proposed direction in this
document.
Based on this review of the 35 models of microwave ovens with
available user manuals, DOE did not identify any microwave oven that
would require retesting under the proposed requirement to always keep
the clock display on during testing unless the clock display powers
down automatically and the product provides no option for the consumer
to prevent the display from powering down automatically. Therefore,
based on this review of 35 microwave ovens, DOE has tentatively
determined that this proposal would not have any cost burden associated
with it. DOE requests comment on its analysis that the proposal to keep
the clock display on at all times, if possible, would not impact
manufacturers because no microwave ovens would require retesting or
recertification. DOE also requests information on microwave ovens that
allow the consumer to turn the clock on and off, and the manufacturer
instructions provided and/or default conditions in such instances.
Similarly, the proposed additional direction for testing microwave
ovens equipped with a network function with the function disabled would
not affect any measured standby power for current products. In DOE's
previous test procedures for microwaves, DOE determined that it would
not measure network functionality energy use. As additional
information, DOE reviewed the user manuals of microwave ovens that have
network functions and are currently available in the market. For the
microwave oven that operates on Bluetooth[supreg], DOE observed that
this function is ``off'' as shipped, and a user would need to turn it
on manually to use it. Similarly, for microwave ovens that connect via
Wi-Fi, users needed to manually enable the Wi-Fi connection after
setting up the unit. Therefore, the proposal would not change the
requirements for testing any of these microwave ovens with a network
function.
DOE requests comment on its understanding of the impact and
associated costs of the proposed test procedure.
2. Harmonization With Industry Test Methods
The test procedure for microwave ovens at Appendix I incorporates
by reference certain provisions of IEC 62301 (Second Edition) regarding
test conditions, equipment, setup, and methods for measuring standby
mode and off mode power consumption. DOE seeks comment on the degree to
which the DOE test procedure should consider and be harmonized further
with IEC 62301 (Second Edition).
DOE also notes, as discussed, the IEC issued IEC 60705 Ed. 4.2, but
DOE is not proposing to incorporate it either in whole or in part. DOE
seeks comment on whether and to what degree DOE should consider and
harmonize the Federal test procedure for microwaves with IEC 60705 Ed.
4.2.
DOE also requests comment on the benefits and burdens of adopting
any other industry/voluntary consensus-
[[Page 61845]]
based or other appropriate test method, without modification.
3. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
also welcomes comment on any other aspect of the existing test
procedure for microwave ovens not already addressed by the specific
areas identified in this document. DOE particularly seeks information
that would improve the representativeness of the test procedure, as
well as information that would help DOE create a procedure that would
limit manufacturer test burden through streamlining or simplifying
testing requirements. Comments regarding repeatability and
reproducibility are also welcome.
DOE notes that under Executive Order 13771, ``Reducing Regulation
and Controlling Regulatory Costs,'' Executive Branch agencies such as
DOE must manage the costs associated with the imposition of
expenditures required to comply with Federal regulations. See 82 FR
9339 (Feb. 3, 2017). Consistent with that Executive Order, DOE
encourages the public to provide input on measures DOE could take to
lower the cost of its regulations applicable to microwave ovens
consistent with the requirements of EPCA.
G. Compliance Date and Waivers
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of such a test procedure final
rule in the Federal Register. (42 U.S.C. 6293(c)(2)) If DOE were to
publish an amended test procedure, EPCA provides an allowance for
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension,
petitions must be filed with DOE no later than 60 days before the end
of the 180-day period and must detail how the manufacturer will
experience undue hardship. Id.
Upon the compliance date of an amended test procedure, should DOE
issue such an amendment, any waivers that had been previously issued
and are in effect that pertain to issues addressed by the amended test
procedure are terminated. 10 CFR 430.27(h)(2). Recipients of any such
waivers would be required to test the products subject to the waiver
according to the amended test procedure as of the compliance date of
the amended test procedure. At present, there are no waivers that
address test procedure issues that would be addressed by the amendments
proposed in this document.
DOE proposes to remove the introductory note in Appendix I. The
introductory note references the June 14, 2017 date after which any
representations related to energy or power consumption of cooking
products must be based upon results generated under the test procedure.
As this date has passed, the introductory note is no longer needed.
IV. 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 section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (``OIRA'') in the OMB.
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued Executive Order
(``E.O.'') 13771, ``Reducing Regulation and Controlling Regulatory
Costs.'' E.O. 13771 stated the policy of the executive branch is to be
prudent and financially responsible in the expenditure of funds, from
both public and private sources. E.O. 13771 stated it is essential to
manage the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations.
Additionally, on February 24, 2017, the President issued E.O.
13777, ``Enforcing the Regulatory Reform Agenda.'' E.O. 13777 required
the head of each agency designate an agency official as its Regulatory
Reform Officer (``RRO''). Each RRO oversees the implementation of
regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable
law. Further, E.O. 13777 requires the establishment of a regulatory
task force at each agency. The regulatory task force is required to
make recommendations to the agency head regarding the repeal,
replacement, or modification of existing regulations, consistent with
applicable law. At a minimum, each regulatory reform task force must
attempt to identify regulations that:
(i) Eliminate jobs, or inhibit job creation;
(ii) Are outdated, unnecessary, or ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
(v) Are inconsistent with the requirements of Information Quality
Act, or the guidance issued pursuant to that Act, in particular those
regulations that rely in whole or in part on data, information, or
methods that are not publicly available or that are insufficiently
transparent to meet the standard for reproducibility; or
(vi) Derive from or implement Executive Orders or other
Presidential directives that have been subsequently rescinded or
substantially modified.
DOE initially concludes that this rulemaking is consistent with the
directives set forth in these executive orders. This proposed rule is
estimated to result in no costs. Therefore, if finalized as proposed,
this rule is expected to be an E.O. 13771 other action.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 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 website: http://energy.gov/gc/office-general-counsel.
DOE reviewed this proposed rule to amend the test procedures for
microwave ovens under the provisions of the Regulatory Flexibility Act
and the procedures and policies published on February 19, 2003. DOE has
tentatively determined that this proposed test procedure, if adopted,
would not significantly increase the costs to microwave oven
manufacturers.
DOE uses the Small Business Administration's (``SBA'') small
business size standards to determine whether manufacturers qualify as
small businesses, which are listed by the
[[Page 61846]]
North American Industry Classification System (``NAICS''). The SBA
considers a business entity to be a small business, if, together with
its affiliates, it employs less than a threshold number of workers
specified in 13 CFR part 121. The 2017 NAICS code for microwave ovens
is 335220, major household appliance manufacturing. The threshold
number for NAICS code 335220 is 1,500 employees. This employee
threshold includes all employees in a business's parent company and any
other subsidiaries.
Most of the manufacturers supplying microwave ovens are either
large multinational corporations or overseas microwave original
equipment manufacturers (``OEMs'') that manufacture microwave ovens
sold under another company's brand. DOE conducted a focused inquiry
into small business manufacturers of products covered by this
rulemaking. DOE primarily used DOE's Compliance Certification Database
for microwave ovens to create a list of companies that sell microwave
ovens covered by this rulemaking in the United States. DOE also used
the California Energy Commission's database, Modernized Appliance
Efficiency Database System, to correlate brands with OEMs. DOE
identified a total of 48 distinct companies that manufacture or import
microwave ovens in the United States.
DOE then reviewed these companies to determine whether the entities
met the SBA's definition of ``small business'' and screened out any
companies that do not manufacture products covered by this rulemaking,
do not meet the definition of a ``small business,'' or are foreign-
owned and operated. Based on this review, DOE has identified one
potential small business that manufactures microwave ovens in the
United States. Through this analysis, DOE has determined the expected
effects of this rulemaking on this covered small business and whether
an IRFA was needed (i.e., whether DOE could certify that this
rulemaking would not have a significant impact).
As previously stated, the proposal to amend the test procedure for
microwave ovens by requiring that the clock display be on at all times
during testing, unless the product provides no available setting to
allow the consumer to prevent the clock display from powering down
automatically, should not impact any of the microwave oven models with
available user manuals identified by DOE. Further, the proposed
additional direction for testing microwave ovens equipped with a
network function with any connected functionality disabled would not
affect the small business manufacturer because they do not make
microwave ovens with network functions.
Therefore, DOE concludes that the impacts of the test procedure
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
DOE seeks comment on its conclusion that one small business
manufactured microwave ovens in the United States, with fewer than
1,500 total employees. Additionally, DOE requests comment on its
determination that the proposed amendments would not have a significant
economic impact on this small business.
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of microwave ovens must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including microwave ovens.
(See generally 10 CFR part 429.) 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 approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 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.
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.
E. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act (NEPA) and DOE's NEPA implementing
regulations (10 CFR part 1021). DOE's regulations include a categorical
exclusion for rulemakings interpreting or amending an existing rule or
regulation that does not change the environmental effect of the rule or
regulation being amended. 10 CFR part 1021, subpart D, Appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it is an interpretive rulemaking that does not change the
environmental effect of the rule and otherwise meets the requirements
for application of a categorical exclusion. See 10 CFR 1021.410. DOE
will complete its NEPA review before issuing the final rule.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of 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 the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would 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. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general
[[Page 61847]]
duty to adhere to the following requirements: (1) Eliminate drafting
errors and ambiguity, (2) write regulations to minimize litigation, (3)
provide a clear legal standard for affected conduct rather than a
general standard, and (4) promote simplification and burden reduction.
Section 3(b) of Executive Order 12988 specifically requires 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 conduct while promoting
simplification and burden reduction, (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, the proposed rule meets the relevant standards
of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. 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://energy.gov/gc/office-general-counsel. DOE examined this
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure of $100 million or
more in any year, so these requirements do not apply.
I. 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.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988) that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
K. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
L. 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 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 of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of microwave ovens is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Public Law 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of
the Federal Energy Administration Act of 1974, as amended by the
Federal Energy Administration Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for microwave
ovens in this NOPR do not incorporate any new commercial standard.
N. Description of Materials Incorporated by Reference
In this NOPR, DOE is not proposing to incorporate by reference any
new industry standard. The incorporation by reference of IEC 62301
(Second Edition) in appendix I to subpart B has already been approved
by the Director of the
[[Page 61848]]
Federal Register and there are no proposed changes in the NOPR.
V. Public Participation
A. Participating in the Webinar
The time and date of the webinar are listed in the DATES section at
the beginning of this document. If no participants register for the
webinar then it will be cancelled. Webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants will be published on DOE's website:
[https://energy.gov/eere/buildings/public-meetings-and-comment-deadlines]. Participants are responsible for ensuring their systems are
compatible with the webinar software.
Additionally, you may request an in-person meeting to be held prior
to the close of the request period provided in the DATES section of
this document. Requests for an in-person meeting may be made by
contacting Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this notice. The request and advance copy of statements must be
received at least one week before the public meeting and may be
emailed, hand-delivered, or sent by mail. DOE prefers to receive
requests and advance copies via email. Please include a telephone
number to enable DOE staff to make a follow-up contact, if needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting and until the end of the
comment period, interested parties may submit further comments on the
proceedings and any aspect of the rulemaking.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this proposed
rule.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or postal mail.
Comments and documents submitted via email, hand delivery, or mail also
will be posted to http://www.regulations.gov. If you do not want your
personal contact information to be publicly viewable, do not include it
in your comment or any accompanying documents. Instead, provide your
contact information on a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It
[[Page 61849]]
is not necessary to submit printed copies. No facsimiles (faxes) will
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on the proposed updates related to keeping
the microwave oven clock display on during standby mode testing, unless
the product provides no available setting to allow the consumer to
prevent the clock display from powering down automatically, and whether
these updates would result in additional test burden. DOE also requests
comment on consumer habits regarding the use of clock displays that can
be optionally turned on or off. See section III.C.1 of this document.
(2) DOE requests comment on the proposed requirements for testing
microwave ovens with network function. See section III.C.2 of this
document.
(3) DOE requests comment on maintaining the current metric for
microwave oven energy consumption. See section III.D of this document.
(4) DOE requests comment on its analysis that the proposal to keep
the clock display on at all times, if possible, would not impact
manufacturers because no microwave ovens would require retesting or
recertification. DOE also requests information on microwave ovens that
allow the consumer to turn the clock on and off, the manufacturer
instructions provided and/or default conditions in such instances, and
how such models are currently tested. See section III.F.1 of this
document.
(5) DOE requests comment on its understanding of the impact and
associated costs of the proposed test procedure. See section III.F.1 of
this document.
(6) DOE seeks comment on whether and to what degree DOE should
consider and harmonize the Federal test procedure for microwaves with
IEC 60705 Ed. 4.2. DOE also requests comment on the benefits and
burdens of adopting any industry/voluntary consensus-based or other
appropriate test procedure, without modification. See section III.F.2
of this document.
(7) DOE seeks comment on its conclusion that one small business
manufactures microwave ovens in the United States, with fewer than
1,500 total employees. Additionally, DOE requests comment on its
determination that the proposed amendments would not have a significant
economic impact on this small business. See section IV.C of this
document.
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 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signed in Washington, DC, on October 17, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, nergy
Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Appendix I to Subpart B of Part 430 is amended by:
0
a. Removing the introductory note;
0
b. Revising section 2.1.3;
0
c. Adding section 2.2.2; and
0
d. Revising sections 3.2.1.2 and 3.2.2.
The revisions and addition read as follows:
Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Cooking Products
* * * * *
2.1.3 Microwave ovens, excluding any microwave oven component of
a combined cooking product. Install the microwave oven in accordance
with the manufacturer's instructions and connect to an electrical
supply circuit with voltage as specified in section 2.2.1 of this
appendix. Install the microwave oven in accordance with Section 5,
Paragraph 5.2 of IEC 62301 (Second Edition) (incorporated by
reference; see Sec. 430.3), disregarding the provisions regarding
batteries and the determination, classification, and testing of
relevant modes. If the microwave oven can communicate through a
network (e.g., Bluetooth[supreg] or internet connection), disable
the network function, if it is possible to disable it by means
provided in the manufacturer's user manual, for the duration of
testing. If disabling is not possible, the energy use associated
with such network functions should not be reported to DOE and will
not be used to determine compliance with DOE energy conservation
standards. The clock display must be on, regardless of
manufacturer's instructions or default setting or supplied setting.
The clock display must remain on during testing, unless the clock
display powers down automatically with no option for the consumer to
override this function. Install a watt meter in the circuit that
meets the requirements of section 2.8.1.2 of this appendix.
* * * * *
2.2.2 Gas supply.
* * * * *
3.2.1.2 Conventional cooking top standby mode and off mode power
except for any conventional cooking top component of a combined
cooking product. Make measurements as specified in section 3.1.1.1
of this appendix. If the conventional cooking top is capable of
operating in inactive mode, as defined in section 1.14 of this
appendix, measure the average inactive mode power of the
conventional cooking top, PIA, in watts as specified in
section 3.1.1.1.1 of this
[[Page 61850]]
appendix. If the conventional cooking top is capable of operating in
off mode, as defined in section 1.17 of this appendix, measure the
average off mode power of the conventional cooking top,
POM, in watts as specified in section 3.1.1.1.2 of this
appendix.
3.2.2 Combined cooking product standby mode and off mode power.
Make measurements as specified in section 3.1.2 of this appendix. If
the combined cooking product is capable of operating in inactive
mode, as defined in section 1.14 of this appendix, measure the
average inactive mode power of the combined cooking product,
PIA, in watts as specified in section 3.1.2.1 of this
appendix. If the combined cooking product is capable of operating in
off mode, as defined in section 1.17 of this appendix, measure the
average off mode power of the combined cooking product,
POM, in watts as specified in section 3.1.2.2 of this
appendix.
* * * * *
[FR Doc. 2019-24331 Filed 11-13-19; 8:45 am]
BILLING CODE 6450-01-P
