[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Proposed Rules]
[Page 62134-62146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc08-33]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0011]
RIN: 1904--AB78
Energy Conservation Program for Consumer Products: Test Procedure
for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and public meeting.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to amend its test
procedures for microwave ovens under the Energy Policy and Conservation
Act to provide for the measurement of standby mode and off mode power
use by microwave ovens. The proposed amendments would incorporate into
the DOE test procedure provisions from the International
Electrotechnical Commission's Standard 62301, Household electrical
appliances[m<dash]Measurement of standby power, First
Edition 2005-06, as well as language to clarify application of these
provisions for measuring standby mode and off mode power in microwave
ovens. The proposed amendments would also correct a technical error in
the calculation of microwave test cooking energy output. DOE will hold
a public meeting to discuss and receive comments on the issues
presented in this notice.
DATES: DOE will accept comments, data, and information regarding the
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than December 31, 2008. For details, see section
V, ``Public Participation'', of this NOPR.
DOE will hold a public meeting on Friday, November 14, 2008, from 9
a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak
at the public meeting before 4 p.m., Friday, October 31, 2008. DOE must
receive a signed original and an electronic copy of statements to be
given at the public meeting before 4 p.m., Friday, November 7, 2008.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE as soon as possible by contacting Ms.
Edwards to initiate the necessary procedures.
Any comments submitted must identify the NOPR on Test Procedures
for Microwave Ovens, and provide the docket number EERE-2008-BT-TP-0011
and/or regulatory information number (RIN) 1904-AB78. Comments may be
submitted using any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. E-mail: MicroOven-2008-TP-0011@ee.doe.gov. Include docket number
EERE-2008-BT-TP-0011 and/or RIN 1904-AB78 in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
[[Page 62135]]
Washington, DC 20585-0121. Please submit one signed original paper
copy.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza,
SW., Washington, DC 20024. Telephone: (202) 586-2945. Please submit one
signed original paper copy.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V (Public
Participation) of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza, SW., Washington, DC, 20024, (202) 586-2945, between 9
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please
call Ms. Brenda Edwards at the above telephone number for additional
information about visiting the Resource Room. Please note: DOE's
Freedom of Information Reading Room no longer houses rulemaking
materials.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S. Department
of Energy, Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Tel.: (202) 586-7463. E-mail:
Stephen.Witkowski@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, GC-72, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Tel.: (202) 586-9507. E-mail:
Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Legal Authority
II. Summary of the Proposal
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
B. Effective Date for the Test Procedure
C. Measures of Energy Consumption
D. Incorporating by Reference IEC Standard 62301 First Edition
2005-06 for Measuring Standby Mode and Off Mode Power in Microwave
Ovens
E. Definitions of ``Active Mode'', ``Standby Mode'', and ``Off
Mode''
F. Specifications for the Test Methods and Measurements for
Microwave Oven Standby Mode and Off Mode Testing
G. Technical Correction for the Microwave Oven Test Cooking
Energy Output
H. Compliance With Other EPCA Requirements
IV. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
(FEA) Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Energy Descriptor
2. Incorporation of IEC Standard 62301
3. Test Cycle
4. Technical Correction
VI. Approval of the Office of the Secretary
I. Background and Legal Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles'' for consumer products, including microwave
ovens, the subject of today's notice. (42 U.S.C. 6291(1)-(2) and
6292(a)(10))
Under the Act, this program consists essentially of three parts:
testing, labeling, and establishing Federal energy conservation
standards. The testing requirements consist of test procedures that
manufacturers of covered products must use to certify to DOE that their
products comply with energy conservation standards adopted under EPCA
and for representing the efficiency of their products, and that DOE
must use to determine whether the products comply with EPCA standards.
Section 323 of EPCA (42 U.S.C. 6293) sets forth criteria and procedures
for DOE's adoption and amendment of such test procedures. It states,
for example, that ``[a]ny test procedures prescribed or amended under
this section shall 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, as determined by the Secretary [of Energy], and
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In
addition, 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,
with a comment period no less than 60 or more than 270 days. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE
must determine ``to what extent, if any, the proposed test procedure
would alter the measured energy efficiency * * * of any covered product
as determined under the existing test procedure.'' (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
DOE's test procedure for microwave ovens appears at appendix I to
subpart B of Title 10 of the Code of Federal Regulations (CFR). That
test procedure, the only one DOE has promulgated for microwave ovens,
was part of an October 3, 1997, final rule that also revised the test
procedures for other cooking products to measure their efficiency and
energy use more accurately. 62 FR 51976. The microwave oven test
procedure incorporates portions of the International Electrotechnical
Commission (IEC) Standard 705-1998 and Amendment 2-1993, Methods for
Measuring the Performance of Microwave Ovens for Households and Similar
Purposes, and measures microwave oven cooking efficiency, but does not
address energy use in the standby or off modes. Id.
As part of DOE's current rulemaking concerning energy conservation
standards for commercial clothes washers and residential cooking
products, including microwave ovens (hereafter referred to as the
appliance standards rulemaking), DOE held a public meeting on April 27,
2006, to present its Framework Document for that rulemaking \1\ and to
receive comments from stakeholders. 71 FR 15059 (March 27, 2006).
Participants at the April 2006 public meeting included energy and
environmental groups, as well as appliance manufacturers and trade
groups. In the Framework Document, DOE stated that it did not
[[Page 62136]]
intend to amend the cooking products test procedure, which includes
testing procedures for microwave ovens. (Framework Document, No. 4.3 at
p. 4) \2\
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\1\ A copy of the Framework Document, ``Rulemaking Framework for
Commercial Clothes Washers and Residential Dishwashers,
Dehumidifiers, and Cooking Products,'' can be found on DOE's website
at http://www.eere.energy.gov/buildings/appliance_standards/pdfs/
home_appl_framework_31506.pdf . This rulemaking originally
included residential dishwashers and dehumidifiers, but they are no
longer part of the rulemaking, because Congress subsequently set
prescriptive standards for those products.
\2\ A notation in this form provides a reference for information
that is in the docket of DOE's rulemaking to develop standards for
appliance products (Docket No. EE-2006-STD-0127), maintained in the
Resource Room of the Building Technologies Program. This notation
indicates that the statement preceding the reference was made in
DOE's Framework Document, which is document number 4.3 in the
docket, and appears at page 4 of that document.
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The American Council for an Energy-Efficient Economy (ACEEE)
commented that the use of standby power needs to be considered for all
cooking products. (ACEEE, Public Meeting Transcript, No. 5 at p. 91)
\3\ The Association of Home Appliance Manufacturers (AHAM) recognized
that standby power consumption is essentially already included in the
test procedure for ovens and cooktops; however, for microwave ovens, a
test procedure revision to include standby power would be required.
(AHAM, Public Meeting Transcript, No. 5 at p. 92)
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\3\ This notation identifies an oral comment (1) made by
American Council for an Energy-Efficient Economy (ACEEE) during the
April 27, 2006, Framework public meeting in the standards
rulemaking, (2) recorded in document number 5, which is the public
meeting transcript that is filed in the docket of that rulemaking,
and (3) which appears on page 91 of document number 5.
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AHAM provided test data on microwave standby power for a sample of
21 microwave ovens available on the U.S. market. For the AHAM
submission, standby power was tested in accordance with IEC Standard
62301, Household electrical appliances--Measurement of standby power,
First Edition 2005-06 (IEC Standard 62301). DOE supplemented the data
provided by AHAM by purchasing a representative sample of 32 microwave
ovens and measuring the standby power consumption, also according to
IEC Standard 62301. Both sets of data showed a wide range of standby
power use. Based on an average annual useful cooking energy output of
79.8 kilowatt-hours (kWh) (according to the DOE test procedure) and a
baseline microwave oven cooking efficiency of 55.7 percent, each watt
of standby power represents an additional 8.76 kWh per year, or 6
percent of the annual cooking energy consumption. 72 FR 64432, 64441
(Nov. 15, 2007).
In the November 15, 2007, advance notice of proposed rulemaking
(ANOPR) (hereafter referred to as the November 2007 ANOPR) regarding
energy conservation standards for kitchen ranges and ovens and
commercial clothes washers, DOE concluded that energy consumption by
microwave ovens in the standby mode represents a significant portion of
microwave ovens' energy use, and that a standard regulating such energy
consumption would likely have significant energy savings. 72 FR 64432,
64441-42. DOE further stated that to include standby power in an
efficiency standard for microwave ovens', it needed to modify its test
procedure for this product. Id.
On December 13, 2007, DOE held a public meeting to receive and
discuss comments on the November 2007 ANOPR (hereafter referred to as
the December 2007 public meeting). At the December 2007 public meeting,
DOE presented for discussion the possibility that test standard IEC
Standard 62301 could be incorporated by reference into DOE's microwave
oven test procedure to measure standby power. DOE also discussed
clarifications to the IEC Standard 62301 test conditions at the
December 2007 public meeting, including a requirement that if the
measured power is not stable, the standby mode power test would be run
for a period of 12 hours, with an initial clock setting of 12 a.m. DOE
stated that this would permit more accurate measurement of average
standby power consumption. DOE sought comment on these points from
stakeholders. As discussed below, several stakeholders provided
comments.
On December 19, 2007, the Energy Independence and Security Act of
2007 (EISA 2007; Pub. L. 110-140) was enacted. The EISA 2007 amendments
to EPCA (section 310) require DOE to amend the test procedures for
covered products to address standby mode and off mode energy
consumption. The EISA 2007 amendments direct DOE to amend the test
procedures to integrate such energy consumption into the energy
descriptor for that product. If that is technically infeasible, DOE
must instead prescribe a separate standby mode and off mode energy use
test procedure if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any
such amendment must consider the most current versions of IEC Standards
62301 and 62087. Id. For microwave ovens, DOE must prescribe any such
amendment by March 31, 2011. (42 U.S.C. 6295(gg)(2)(B)(vi))
The amended test procedure proposed in today's notice is expected
to be used in future microwave oven energy conservation standards that
are the subject of a concurrent rulemaking. The National Appliance
Energy Conservation Act of 1987 (NAECA; Pub. L. 100-12), which amended
EPCA, established prescriptive standards for cooking products, although
no standards were established for microwave ovens. The NAECA amendments
also required DOE to conduct two cycles of rulemakings to determine
whether to revise the standard. DOE undertook the first cycle of these
rulemakings and issued a final rule on September 8, 1998 (63 FR 48038),
which found that no standards were justified for electric cooking
products, including microwave ovens. DOE is currently in the second
cycle of rulemakings required by the NAECA amendments to EPCA. (42
U.S.C. 6295(h)(2))
The EISA 2007 amendments to EPCA also direct DOE to incorporate
standby and off mode energy use into any final rule establishing or
revising a standard for a covered product adopted after July 1, 2010.
(42 U.S.C. 6295(gg)(3)) Although DOE anticipates publishing the final
rule revising energy conservation standards for microwave ovens by
March 31, 2009, and is, thus, not required under EPCA to include
standby and off mode power in amended standards, DOE intends to propose
microwave oven standards addressing standby and off mode power for the
reasons discussed above.
II. Summary of the Proposed Rule
In today's notice of proposed rulemaking (NOPR), DOE proposes
amending its test procedures for microwave ovens to: (1) provide a
foundation for DOE to develop and implement energy conservation
standards that address use of standby mode and off mode power by this
product; and (2) address the statutory requirement to expand test
procedures to incorporate a measure of standby mode and off mode power
consumption. The following section summarizes these proposed changes.
In this NOPR, DOE proposes to incorporate by reference into the
microwave oven test procedure specific clauses from IEC Standard 62301
regarding test conditions and testing procedures for measuring the
average standby mode and average off mode power consumption. DOE also
proposes to incorporate into the microwave oven test procedure the
definitions of ``active mode,'' ``standby mode,'' and ``off mode'' that
are set forth in the EISA 2007 amendments to EPCA. (42 U.S.C.
6295(gg)(1)(A)) DOE is further proposing language that would clarify
the application of clauses from IEC Standard 62301 for measuring
standby mode and off mode power. Specifically, DOE is proposing to
define the test duration for cases in which the measured power is not
stable (i.e., varies over a cycle), recognizing that the power
consumption of microwave oven
[[Page 62137]]
displays can vary based on the clock time being displayed. Finally, DOE
is proposing a technical correction to the equation for calculating the
microwave oven test cooking energy output which, as currently stated in
the test procedure, produces a value with incorrect units.
The EISA 2007 amendments to EPCA direct DOE to amend the microwave
oven test procedure to integrate energy consumption in standby mode and
off mode into the overall energy descriptor. (42 U.S.C. 6295(gg)(2)(A))
If that is technically infeasible, DOE must instead prescribe a
separate standby mode and off mode energy use test procedure, if
technically feasible. Id. DOE believes that it is not technically
feasible to integrate standby mode and off mode power consumption into
the existing microwave oven efficiency metric for the reasons outlined
in section III.C. Therefore, DOE is proposing in today's notice to
provide separate descriptors for standby mode and off mode power for
microwave ovens.
As noted above, EPCA requires that DOE determine whether a proposed
test procedure amendment would alter the measured efficiency of a
product, and thereby require adjustment of existing standards. (42
U.S.C. 6293(e)) Since there are no Federal energy conservation
standards for microwave ovens (including energy use in the standby and
off modes), such requirement does not apply to this rulemaking.
Finally, DOE recognizes that the EISA 2007 amendments to EPCA also
require the test procedure for ``kitchen ranges and ovens'' (i.e.,
conventional cooking products) be amended by March 31, 2011, to include
standby mode and off mode energy consumption. (42 U.S.C.
6295(gg)(2)(B)(vi)) However, DOE is not proposing to amend the test
procedures at this time for any other class of kitchen ranges and ovens
(i.e., conventional cooking products) as part of this rulemaking. DOE
does not have standby mode or off mode power data for conventional
cooking products to enable it to determine what changes would be
required in the test procedures for those products. DOE intends to
conduct a subsequent, separate rulemaking to amend the test procedures
for these other classes of kitchen ranges and ovens, for which a final
rule would be published by March 2011.
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
The purpose of this proposal is to amend the test procedures for
kitchen ranges and ovens to include test procedures for the measurement
of standby mode and off mode power use for microwave ovens. DOE defines
``microwave oven'' as ``a class of kitchen ranges and ovens which is a
household cooking appliance consisting of a compartment designed to
cook or heat food by means of microwave energy.'' 10 CFR 430.2 The
proposed amendments cover all microwave ovens for which the primary
source of heating energy is electromagnetic (microwave) energy,
including microwave ovens with or without thermal elements designed for
surface browning of food. The proposal does not address combination
ovens (i.e., ovens consisting of a single compartment in which
microwave energy and one or more other technologies, such as thermal or
halogen cooking elements or convection systems, contribute to cooking
the food). The proposal also does not cover the type of cooking
appliance classified by DOE regulations as a microwave/conventional
range, which has separate compartments or components consisting of a
microwave oven, a conventional oven, and a conventional cooking top.
Id. DOE requested data on the efficiency characteristics of combination
ovens in the November 2007 ANOPR, but did not receive any information.
If this information is made available at a later date, DOE may include
these products in future proceedings.
DOE plans to address only the microwave oven test procedure at this
time, for two reasons. First, DOE does not have standby mode or off
mode power data for conventional cooking products to enable it to
determine what changes would be required in the test procedures for
those products. Second, DOE intends to determine whether a standby
power standard level for microwave ovens is technologically feasible
and economically justified in the appliance standards rulemaking. If
so, the test procedure must be amended to include standby power well in
advance of the March 31, 2011, deadline specified by EISA 2007. DOE
will conduct a subsequent separate rulemaking to amend the conventional
cooking products test procedure in order to meet the March 31, 2011,
deadline specified by EISA 2007.
B. Effective Date for the Test Procedure
As indicated above, EPCA requires that the microwave oven test
procedure be amended to incorporate measurement of standby mode and off
mode power by March 31, 2011. To the extent possible, when conducting a
rulemaking to amend its test procedures, DOE strives to finalize an
amended test procedure before issuing a NOPR for energy conservation
standards for that product. In this instance, DOE is accelerating the
schedule for amending its microwave oven test procedure to allow the
amended test procedure to be used in the concurrent appliance standards
rulemaking, which would address standby mode and off mode power
standards for microwave ovens. DOE expects to publish the microwave
oven test procedure final rule before publishing a final rule in the
appliance standards rulemaking. The effective date of the modified
microwave oven test procedure would be three years after the test
procedure final rule is published, which is expected to be before the
effective date of the appliance standards rulemaking.
C. Measures of Energy Consumption
Although there are no current energy conservation standards for
microwave ovens, the DOE microwave oven test procedure provides for the
calculation of several measures of energy consumption, including
cooking efficiency, energy factor (EF), and annual energy consumption.
Historically, DOE's rulemaking analyses have used EF as the energy
conservation metric for microwave ovens.\4\ (10 CFR 430.23(i)(4))
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\4\ According to the DOE test procedure, microwave oven EF is
defined as the ratio of (Annual Useful Cooking Energy Output /
Annual Total Energy Consumption) (10 CFR 430, subpart B, appendix
I), which is equivalent to microwave cooking efficiency (Test Energy
Output / Test Energy Consumption) (10 CFR 430.23 (i)(2)).
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Section 325(gg)(2)(A) of EPCA directs that the ``[t]est procedures
for all covered products shall be amended pursuant to section 323 to
include standby mode and off mode energy consumption, taking into
consideration the most current versions of Standards 62301 and 62087 of
the International Electrotechnical Commission, with such energy
consumption integrated into the overall energy efficiency, energy
consumption, or other energy descriptor for each covered product,
unless the Secretary determines that--(i) the current test procedures
for a covered product already fully account for and incorporate the
standby mode and off mode energy consumption of the covered product; or
(ii) such an integrated test procedure is technically infeasible for a
particular covered product, in which case the Secretary shall 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))
DOE's microwave oven test procedure does not currently account for
standby
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mode and off mode energy consumption. Therefore, DOE evaluated the
overall energy efficiency descriptor--EF--to determine whether it could
be modified to include standby mode and off mode energy consumption.
The current test procedure measures the amount of energy required
to raise the temperature of 1 kilogram of water by 10 degrees Celsius
under controlled conditions. The ratio of usable output power over
input power describes the EF, which is also a measure of the cooking
efficiency. As discussed above, DOE sampled 32 microwave ovens, and
AHAM independently tested 21 additional units, for a total of 53
microwave ovens. The data from cooking tests on these units show a
cooking efficiency range from 55 percent to 62 percent. Reverse
engineering conducted by DOE as part of the appliance standards
rulemaking attempted to identify design options associated with this
variation in cooking efficiency. Although design options among various
microwave ovens were found to be highly standardized, DOE was unable to
correlate specific design options or other features such as cavity size
or output power with cooking efficiency.
DOE also observed significant variability in the cooking efficiency
measurements obtained using the DOE microwave oven test procedure for
the 53 units tested by DOE and AHAM. The data show test-to-test
variability of several EF percentage points for a given microwave oven
(i.e., where a given combination of design options could be assigned to
a number of trial standard levels (TSLs), depending upon the test
results). DOE was also unable to ascertain why similarly designed,
equipped, and constructed microwave ovens showed varying EFs and,
hence, annual energy consumption. DOE further notes that manufacturers
stated during interviews that the water used in the test procedure is
not representative of an actual food load. One manufacturer stated, for
example, that this could result in different microwave ovens being
rated at the same energy efficiency even though true cooking
performance is different. DOE believes that it is infeasible to specify
a food load in the test procedure at this time, because it will require
significant revisions and comments from stakeholders to understand what
a representative food load is and how to ensure consistency in food
properties from test to test.
DOE explored whether it would be technically feasible to combine
the energy efficiency during the cooking cycle (per-use) with standby
mode and off mode energy use (over time) to form a single metric, as
required by EISA 2007. (42 U.S.C. 6295(gg)(2)(A)) The existing measure
of microwave overall energy efficiency measures the efficiency of
heating a sample of water over a period of seconds. In contrast,
standby mode and off mode energy consumption is a measure of the amount
of energy used over a period of multiple hours while not performing the
function of heating a load. DOE finds that an overall energy efficiency
that combines the two values is representative of neither the energy
efficiency of the microwave oven for a very short period of use (as is
the case with the EF) nor the efficiency of the microwave oven over an
extended period of time.
DOE notes that certain test procedures do combine a measure of
cycle efficiency and standby energy use to derive an overall energy
efficiency measure (e.g., gas kitchen ranges and ovens incorporate
pilot gas consumption in EF, electric ovens include clock power in EF,
and gas dryers include pilot gas consumption in EF). However, DOE
believes that the combined measure of energy efficiency is a meaningful
measure when the difference in energy use between the primary function
of those products and the standby power is so large that the standby
power has little impact on the overall measure of energy efficiency, or
the combined efficiency is based on energy use of the primary energy
function and standby power over the same period (e.g., annual or
seasonal). In the case of microwave ovens, the energy consumption
associated with standby mode is a significant fraction of the overall
energy use. DOE notes, for example, that depending on the cooking
efficiency and standby power, the rank ordering of two microwave ovens
based on EF alone could reverse if standby power were factored in,
depending on the values of cooking energy use and standby power.\5\
Therefore, given the similar magnitudes of microwave oven annual energy
consumption associated with these two disparate and largely
incompatible metrics that are measured over very different time
periods, DOE questioned whether it would be technically feasible to
incorporate EF and standby power into a combined energy efficiency
metric that produces a meaningful result.
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\5\ For example, two units among the microwave ovens tested by
AHAM, each with 1000 W of input power, will be designated Unit A and
Unit B for the purposes of this illustration. The EF of Unit A was
measured by AHAM according to the current DOE test procedure as 55.7
percent, while the EF of Unit B was measured as 57.3 percent. The
standby power of Unit A, however, was measured as 1.7 W, compared to
the 4.4 W of standby power for Unit B. If a combined EF (``CEF'')
were to be calculated by adding the annual standby energy use to the
annual cooking energy consumption, this CEF for Unit A would be 50.5
percent, while the CEF for Unit B would be 45.0 percent, thereby
reversing the rankings of the two microwave ovens according to their
energy descriptor.
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To explore standby mode and off mode power, DOE tested 32 sample
units using the current IEC Standard 62301 standby test procedure and
recorded a standby power range of about 1.2 W to 5.8 W (with less than
0.5 percent test-to-test deviation). DOE observed no off mode power
consumption for the microwave ovens in its test sample, and DOE's
research suggests that no other microwave ovens available in the United
States consume energy in an off mode.\6\ Thus, DOE focused its
investigations on standby mode. Data suggested correlations between
specific features and standby power, thereby providing the basis for a
cost-efficiency curve. However, for the reasons stated above about
combining a per-cycle efficiency with standby power over a long period
of time, as well as due to the observed test variability in the cooking
efficiency results, DOE is concerned that an overall measure of cooking
efficiency that combines cooking and standby energy cannot produce test
results that measure energy efficiency or energy use of microwave ovens
in a reasonable and repeatable manner. An ``average'' microwave runs
8,689 hours in standby mode per year. Based on the standby power range
measured by DOE and AHAM, standby power consumption represents a
relatively large component of total annual energy consumption. At the
efficiency baseline from the analysis conducted for the previous
cooking products rulemaking, as discussed in the 1996 Technical Support
Document for Residential Cooking Products, (which was also observed in
the test sample), the observed range of annual energy consumption due
to cooking (14.2 kWh) is equivalent to approximately 2 W of standby
power.
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\6\ A microwave oven is considered to be in ``off mode'' if it
is plugged in to a main power source, is not being used for an
active function such as cooking or defrosting, and is consuming
power for features other than a display, cooking sensor, controls
(including a remote control), or sensors required to reactivate it
from a low power state. For example, a microwave oven with
mechanical controls and no display or cooking sensor that consumed
power for components such as a power supply when the unit was not
activated would be considered to be in off mode. Note that DOE
believes there are no longer any such microwave ovens with
mechanical controls on the market, and, in fact, is not aware of any
microwave ovens currently available that can operate in off mode.
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DOE also explored whether the existing test procedure's measure of
[[Page 62139]]
annual energy consumption could be modified to be a combined energy
efficiency descriptor for microwave ovens, despite the fact that EF has
historically been used in energy conservation rulemakings as the energy
efficiency descriptor. For the reasons articulated here, DOE has
tentatively concluded that neither approach meets the statutory
standard for a combined metric.
In light of the above, DOE believes that, although it may be
mathematically possible to combine energy consumption into a single
metric encompassing active (cooking), standby, and off modes, it is not
technically feasible to do so at this time, because of the high
variability in the current cooking efficiency measurement from which
the active mode EF and annual energy consumption are derived and
because of the significant contribution of standby power to overall
microwave oven energy use. Given DOE's recent research, there is
concern that cooking efficiency results for microwave ovens would not
be meaningful, so incorporation of such results in a combined metric
similarly would not be expected to be meaningful. Inherent in a
determination of technical feasibility under EISA 2007 for a combined
metric for active, standby, and off mode energy consumption is an
expectation that the results would be meaningful. Accordingly, for the
purposes of this notice, DOE is not proposing to incorporate standby
and off modes with active mode into a combined metric, but is instead
proposing a separate metric to measure standby power, as provided for
by EISA 2007 in cases where it is technically infeasible to incorporate
standby and off modes into a combined energy conservation metric.\7\
(42 U.S.C. 6295(gg)(3)(B))
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\7\ DOE notes that if a microwave oven standard is established
based on standby power alone, measurable energy savings would
certainly be achieved. If, however, standby power were to be
combined with cooking efficiency, it is conceivable that many
microwave ovens could already comply with the standard without
reducing standby power, since the annual energy consumption due to
standby power is on the same order as that associated with the
variability in EF.
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Although it may not be technically feasible to develop a combined
metric for microwave ovens today, it may be possible to do so in the
future, provided that each is measured on a consistent basis (i.e., kWh
per year apportioned to each mode) so that the results are meaningful
and comparable. In this vein, DOE notes the need to develop a test
procedure that addresses the high-variability concerns with its current
cooking efficiency measure. DOE understands that IEC, AHAM,
manufacturers, and others are exploring whether a test procedure can be
developed that responds to the concerns DOE has raised. DOE expects to
evaluate potential future test procedures to determine whether any
address the concerns discussed above and meet the requirements of
section 325(gg) of the Act, thereby making them suitable candidates for
use in amending the DOE test procedure. If such test procedures are
developed, DOE will consider a combined measure of microwave oven
energy efficiency in a future rulemaking.
D. Incorporating by Reference IEC Standard 62301 First Edition 2005-06
for Measuring Standby Mode and Off Mode Power in Microwave Ovens
As discussed in section I of this notice, DOE received comments in
response to the Framework Document that it should revise the microwave
oven test procedure to address standby power. In response to these
comments, DOE investigated existing test methods that could be
incorporated by reference for measuring standby power in microwave
ovens. DOE also investigated test methods for measuring off mode power
in microwave ovens.
As noted previously, EPCA, as amended by EISA 2007, requires that
test procedures ``shall be amended pursuant to section 323 to include
standby mode and off mode energy consumption, taking into consideration
the most current versions of Standards 62301 and 62087 of the
International Electrotechnical Commission.* * *'' (42 U.S.C.
6295(gg)(2)(A)) DOE noted that IEC Standard 62301 provides for the
measurement of standby power in electrical appliances, including
microwave ovens, and, thus, is applicable to the proposed amendments to
the test procedure. DOE also reviewed IEC Standard 62087, which
specifies methods of measurement for the power consumption of TV
receivers, VCRs, set top boxes, audio equipment, and multi-function
equipment for consumer use. IEC Standard 62087 does not, however,
include measurement for the power consumption of electrical appliances
such as microwave ovens. Therefore, DOE determined that IEC Standard
62087 was not suitable for the proposed amendments to the microwave
oven test procedure for this rulemaking.
The microwave oven standby power data that AHAM provided to DOE
were based on measurements of standby power in accordance with IEC
Standard 62301, as were the data DOE gathered in response to
stakeholder comments on the Framework Document. DOE conducted a test
program to analyze the suitability of IEC Standard 62301 for
incorporation into the DOE microwave oven test procedure. Specifically,
DOE sought to determine whether the IEC Standard 62301 test conditions
and procedures would be suitable for incorporation into the DOE test
procedure for microwave ovens to measure standby mode power use. Test
data suggest that, with additional specifications added for test cycle
duration and starting clock time, IEC Standard 62301 is indeed suitable
for inclusion in the DOE test procedure for that purpose.
In reviewing alternative standby power test procedures for
potential amendments to the DOE test procedure, DOE investigated both
testing conditions and testing methods specified in the test procedures
used by countries considered to be international leaders in reducing
standby power consumption. The Japanese Electrical Manufacturers'
Association (JEMA), which has been involved with Japan's Top Runner
program,\8\ indicated that the test procedure it uses resembles IEC
Standard 62301 for standby testing of microwave ovens. In a March 2008
conversation with DOE, JEMA stated that the test procedure involves
connecting the microwave oven to the power supply (without cooking),
confirming that there is no change in the power supply (stable state),
then measuring power consumption for one hour. Korea's e-Standby
Program \9\ uses a microwave oven test procedure in which a water load
is heated for two minutes, and then the water load is removed, and the
door is closed. After 30 minutes, the average standby power is measured
over a 1-hour period. Thirty minutes later, the test is repeated, and
the two standby power measurements are averaged.\10\
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\8\ Japan's Energy Conservation Act uses a ``top runner'' method
to set energy efficiency targets for residential, commercial, and
transportation sector equipment. Target values for future products
are set based on the level of the most energy efficient products on
the market at the time of the value setting process (i.e., the ``top
runners''). For more information, visit http://www.eccj.or.jp/
index_e.html.
\9\ Korea's e-Standby Program is a voluntary labeling program
designed to promote the reduction of standby power consumption in
home and office products. For more information, visit http://
www.kemco.or.kr/. (English translation not available yet at the time
the notice was written.)
\10\ KEMCO publication, ``e-Standby Program Application
Regulation,'' February 2007, pp. 48-49. Available online at http://
www.apec-esis.org/library/Korea_eStandby_Program_20070209.pdf.
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Although DOE recognizes the merits of these alternative standby
power test procedures, DOE believes that IEC Standard 62301 still
provides a more representative average standby power measurement than
the versions Japan
[[Page 62140]]
and Korea use because of the variations in power consumption associated
with clock time display. DOE is unaware of any other test procedures
applicable to the measurement of standby power in electrical appliances
such as microwave ovens. Australia has indicated that it has supported
the development of and currently uses IEC Standard 62301 for standby
power testing.\11\
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\11\ For information on Australia's Standby Program, visit
http://www.energyrating.gov.au/standby-background.html.
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DOE also considered harmonization of test procedures with
international standby programs, recognizing that microwave oven
manufacturers typically supply a global market and, thus, will be
subject to standby power standards in multiple countries. The
International Energy Agency (IEA) has raised awareness of standby power
through publications, international conferences, and policy advice to
governments. In 1999, the IEA developed the ``1-Watt Plan,'' which
proposed reducing standby power internationally in electronic devices
and which advocates that all countries harmonize energy policies and
adopt the same definition and test procedure.\12\ In addressing
harmonization, IEA stated that IEC Standard 62301 provides an
internationally-sanctioned definition and test procedure for standby
power, and this is now widely specified and used.\13\ DOE believes that
incorporating IEC Standard 62301 into the DOE test procedure will
provide harmonization with most international standards for standby
power in microwave ovens.
---------------------------------------------------------------------------
\12\ For more information on IEA's ``1-Watt Plan,'' visit http:/
/www.iea.org/textbase/subjectqueries/standby.asp.
\13\ IEA, ``Fact Sheet: Standby Power Use and the IEA `1-Watt
Plan','' April 2007, p. 1. Available online at http://www.iea.org/
textbase/papers/2007/standby_fact.pdf.
---------------------------------------------------------------------------
Considering these factors, DOE suggested at the December 2007
public meeting that clauses from IEC Standard 62301 could be
incorporated by reference into the DOE test procedure to measure
microwave oven standby power. DOE sought input from stakeholders on
this suggestion. At that time, DOE did not suggest amendments to
measure off mode power because the December 2007 public meeting
predated the requirements promulgated by EISA 2007.
In response to DOE's presentation, the Appliance Standards
Awareness Project (ASAP), Natural Resources Defense Council (NRDC),
Northwest Power and Conservation Council, Northeast Energy Efficiency
Partnerships, and ACEEE (hereafter ``Joint Comment'') stated in jointly
filed comments that DOE should modify the oven, cooktop, and microwave
oven test procedures as necessary to measure not only the clock face
standby energy use, but any other standby energy use, such as control
electronics and power supply losses. (Joint Comment, No. 29 at p. 6)
\14\ In addition, the Joint Comment recommended that DOE should use IEC
Standard 62301 to test standby power, with the instruction to start the
test with a clock setting of 12 a.m. and to run the test for 12 hours
or a shorter period of time demonstrated mathematically to be
representative of a 12-hour period. (Joint Comment, No. 29 at p. 9)
ASAP commented that it supports a test procedure change to address
microwave oven standby power, and that this change should not be a
hurdle to implementing a standard that addresses standby power
consumption. (ASAP, Public Meeting Transcript, No. 23.7 at p. 72)
General Electric (GE) commented that it does not believe there is
justification for the development of ``necessarily complex'' new test
procedures for cooking products. (GE, No. 30 at p. 2)
---------------------------------------------------------------------------
\14\ A notation in the form ``Joint Comment, No. 29 at p. 6''
identifies a written comment that DOE has received and has included
in the docket of the standards rulemaking. This particular notation
refers to a comment (1) Submitted jointly by the ASAP, NRDC,
Northwest Power and Conservation Council, Northeast Energy
Efficiency Partnerships, and ACEEE, (Joint Comment) (2) in document
number 29 in the docket of that rulemaking, and (3) appearing on
page 6 of document number 29.
---------------------------------------------------------------------------
DOE believes that the amendments to the microwave oven test
procedure proposed in today's notice are not ``necessarily complex,''
and that the test procedure would provide a uniform and widely accepted
test method for measuring standby mode and off mode power consumption.
DOE also believes that the proposed amendments to the microwave oven
test procedure would provide a method to measure the standby energy use
of not just the clock display, but all microwave oven components, such
as control electronics and power supply losses. The Joint Comment's
concerns regarding modifying the oven and cooking top test procedures
and about the starting clock time and test duration are addressed in
sections III.A and III.F, respectively.
For the reasons presented above, DOE proposes in today's notice to
incorporate by reference into the DOE test procedure for microwave
ovens specific clauses from IEC Standard 62301 for the measurement of
standby mode power. DOE believes that these clauses also can be applied
to the measurement of off mode power for microwave ovens. Thus, DOE
proposes to incorporate the same clauses from IEC Standard 62301 for
measuring both standby mode and off mode power consumption.
Specifically, these clauses provide test conditions and testing
procedures for measuring the average standby mode and average off mode
power consumption. With respect to testing conditions, section 4 of IEC
Standard 62301 provides conditions for the supply voltage waveform,
ambient room air temperature, and power measurement meter tolerances to
provide for repeatable and precise measurements of standby mode and off
mode power consumption. Section 5 of IEC Standard 62301 regarding
testing procedures clarifies the measurement of standby mode for units
with a short-duration higher power state before a lower power state,
and it also provides methods for measuring standby mode and off mode
power when the power measurement is stable and unstable (i.e., varies
over a representative cycle).
However, after careful review, DOE has determined that not all
provisions of IEC Standard 62301 are appropriate for incorporation into
DOE's microwave oven test procedure. IEC Standard 62301 also contains
provisions in addition to those applicable to standby mode and off mode
power testing of microwave ovens. For example, IEC Standard 62301
provides general conditions for the power supply, which the current DOE
test procedure already addresses. IEC Standard 62301 also provides
requirements for information to be recorded in a test report, which are
beyond the scope of DOE's test procedure. Hence, only the applicable
sections and clauses (as stated above) that are relevant to measurement
of microwave oven standby mode and off mode power are incorporated by
reference in today's proposed rule.
Finally, DOE recognizes that the IEC is developing an updated test
procedure (IEC Standard 62301 Ed. 2.0). DOE understands that IEC
projects publication of the new test procedure in July 2009, although
the projected publication date could be subject to changes that would
push the date back further. While DOE plans to follow development of
the revised IEC Standard, the Department intends to determine whether a
standby power standard level for microwave ovens is technologically
feasible and economically justified in the appliance standards
rulemaking, and to publish a final rule by March 2009. Thus, DOE plans
to use the current version of IEC Standard 62301 in today's proposed
test procedure, because the new version will be published after the
final rule in the appliance standards rulemaking is
[[Page 62141]]
scheduled to be published. After the final rule is published,
subsequent amendments to the referenced IEC Standard by standard-
setting organizations would become part of the DOE test procedure only
if DOE amends its test procedure to incorporate them.
E. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''
Whirlpool commented on the November 2007 ANOPR that it is
imperative to give separate consideration to a standby mode where the
product is providing a consumer benefit (e.g., clock display, delay
start, instant-on capability) as compared to a true off mode. Whirlpool
further commented that the provisions in the proposed IEC Standard
62301 Ed. 2.0 do just that. (Whirlpool, No. 28, pp. 1-2)
DOE recognizes that there are consumer utility features, including
those listed by Whirlpool, associated with standby mode but not off
mode. EPCA defines ``standby mode'' as ``the condition in which an
energy-using product--
(I) Is connected to a main power source; and
(II) Offers 1 or more of the following user-oriented or protective
functions:
(aa) To facilitate the activation or deactivation of other
functions (including active mode) by remote switch (including remote
control), internal sensor, or timer.
(bb) Continuous functions, including information or status displays
(including clocks) or sensor-based functions.''
(42 U.S.C. 6295(gg)(1)(A)(iii))
EPCA defines ``off mode'' as ``the condition in which an energy-
using product--
(I) Is connected to a main power source; and
(II) Is not providing any standby mode or active mode function.''
(42 U.S.C. 6295(gg)(1)(A)(ii))
EPCA defines ``active mode,'' which is referenced in the definition
of ``off mode,'' as ``the condition in which an energy-using product--
(I) Is connected to a main power source;
(II) Has been activated; and
(III) Provides 1 or more main functions.''
(42 U.S.C. 6295(gg)(1)(A)(i))
DOE considers ``main functions'' for a microwave oven to be those
operations in which the magnetron and/or thermal element is energized
for at least a portion of the time for purposes of heating, cooking,
and/or defrosting the load.
For the reasons discussed in section III.D, DOE plans to use the
EPCA definitions of ``active mode,'' ``standby mode,'' and ``off
mode.'' Under these definitions, the modes described by Whirlpool would
be classified as standby modes. A microwave oven with a continously
energized display or cooking sensor, or a microwave oven that
automatically powers down certain energy-consuming components after a
cooking cycle and waits to detect an event triggering re-energization
of these components, would be considered capable of operation in
standby mode but not off mode. DOE additionally notes that if the
microwave oven is equipped with a manual power on-off switch, which
completely cuts off power to the appliance (i.e., removes or interrupts
all connections to the main power source, in the same manner as
unplugging the appliance), the microwave oven would not be in the ``off
mode'' when the switch is in the ``off '' position.
F. Specifications for the Test Methods and Measurements for Microwave
Oven Standby Mode and Off Mode Testing
Because IEC Standard 62301 is written to provide a certain degree
of flexibility so that the test standard can be used to measure standby
mode and off mode power for most household electrical appliances
(including microwave ovens), it does not specify closely the test
method for measuring the power consumption in cases in which the
measured power is not stable. Section 5.3.2 of IEC Standard 62301
states that ``[i]f the power varies over a cycle (i.e., a regular
sequence of power states that occur over several minutes or hours), the
period selected to average power or accumulate energy shall be one or
more complete cycles in order to get a representative average value.''
DOE investigated the possible regular sequences of power states for
microwave ovens in order to propose clarifying language to IEC Standard
62301 that would provide accurate and repeatable test measurements.
DOE's testing of standby power indicates that a given unit or model of
a microwave oven with a clock display may use varying amounts of
standby power depending on the clock time being displayed. According to
DOE testing of a microwave oven equipped with a 12-hour clock display,
standby power use at different times during a 12-hour cycle could vary
by as much as 25 percent. DOE believes that the lack of specificity in
IEC Standard 62301 about the test period could produce test results
that are not comparable to those obtained using other time periods, and
that would not represent the true standby power consumption of its
microwave ovens. In addition, different testing laboratories could take
different approaches in selecting cycles for testing. To assess
possible alternatives to the test cycle specified in IEC Standard
62301, DOE investigated alternative time periods and averaging methods
for calculating representative standby power use. Based on this
testing, and to assure comparable and valid results, DOE proposes, as
presented at the December 2007 public meeting, to include in the
microwave oven test procedure a specification of the test period in
cases in which the power is not stable as ``a 12-hour 30-
second period.''
DOE also observed during tests that the standby power measurement
for certain displays can be affected by the starting clock time,
because for these displays, standby power is a function of the time
being displayed. At the December 2007 public meeting, DOE discussed
adding a requirement to the microwave oven test procedure that the
initial clock time of any display be set at 12 a.m. at the start of the
operating cycle. However, subsequent DOE analysis of approaches that
are used to achieve very low microwave oven standby levels (i.e., less
than 1 W) led DOE to believe that this initial clock time requirement
would fail to account for the strategy of an automatic transition to a
low standby power state after a certain period of user inactivity.
Because such a strategy could effect significant real-world energy
savings, DOE no longer proposes to specify a clock time at the start of
the test cycle. DOE determined that specifying a 12-hour test period
alone would provide for a representative average use cycle for
microwave ovens for which the measured power is not stable (i.e., a
microwave oven equipped with a 12-hour clock display).
In summary, DOE proposes measuring standby mode and off mode power
consumption according to IEC Standard 62301, with a test duration of 12
hours, 30 seconds for cases in which power is not stable.
G. Technical Correction for the Microwave Oven Test Cooking Energy
Output
The equation provided under section 4.4.1 (``Microwave Oven Test
Cooking Energy Output'') of the DOE microwave oven test procedure
contains a technical error in the equation for calculation of the
microwave oven test cooking energy output, ET, in watt-hours
(Wh). The equation, using the variables and factors provided in the
test procedure, currently calculates ET in kWh instead of
Wh. The test cooking energy output
[[Page 62142]]
is used to calculate annual energy consumption in section 4.4.3, in
which the units for ET are required to be Wh. Therefore, DOE
proposes in today's notice to change the value of the conversion
factor, Ke, in section 4.4.1 of 3,412 British thermal units
(Btu) per kWh to a value of 3.412 Btu per Wh, so that ET is
calculated in the specified units of Wh. The proposed amended value for
Ke in section 4.4.1 is the same as the value defined in
section 1.11 (``Symbol Usage'').
H. Compliance With Other EPCA Requirements
Section 323(b)(3) of EPCA requires that ``[a]ny test procedures
prescribed or amended under this section shall 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 shall not
be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) DOE believes
that the incorporation of clauses regarding test conditions and methods
in IEC Standard 62301, along with the modifications described above,
would satisfy this requirement. The proposed amendments to the DOE test
procedure incorporate a test standard that is widely used and accepted
internationally to measure standby power in standby mode and off mode.
Based on DOE testing and analysis of IEC Standard 62301, DOE has
determined that the proposed amendments to the microwave oven test
procedure produce standby mode and off mode average power consumption
measurements that represent an average use cycle both for cases in
which the measured power is stable and when the measured power is
unstable (i.e., varies over a cycle). Also, the test methods and
equipment that the amendment would require for measuring standby power
in microwave ovens do not differ substantially from the test methods
and equipment in the current DOE test procedure for measuring microwave
oven cooking efficiency. Therefore, manufacturers would not be required
to make a major investment in test facilities and new equipment. For
these reasons, DOE has concluded that the amended test procedure would
produce test results that measure the power consumption of a covered
product during a representative average use cycle as well as annual
energy consumption, and that the test procedure would not be unduly
burdensome to conduct.
IV. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' 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 Office of
Management and Budget (OMB).
B. 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 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 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE's procedures
and policies may be viewed on the Office of the General Counsel's Web
site (http://www.gc.doe.gov).
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. This rule proposes to prescribe test procedures that
would be used to test compliance with energy conservation standards.
The proposed rule affects microwave oven test procedures and would not
have a significant economic impact, but would provide common testing
methods. In addition, the Small Business Administration (SBA) considers
an entity to be a small business if, together with its affiliates, it
employs fewer than a threshold number of workers specified in 13 CFR
part 121 according to the North American Industry Classification System
(NAICS) codes. The threshold number for NAICS classification 335221,
Household cooking appliance manufacturers, which includes microwave
oven manufacturers, is 750 employees. DOE understands that only
multinational companies with more than 750 employees, and their wholly
owned subsidiaries, exist in this industry.
For these reasons, DOE tentatively concludes and certifies that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this rulemaking. DOE will
transmit the certification and supporting statement of factual basis to
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).
C. Review Under the Paperwork Reduction Act of 1995
This rulemaking would not impose any new information collection or
recordkeeping requirements. Accordingly, OMB clearance is not required
under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for microwave ovens. DOE has determined that
this rule falls into a class of actions that are categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part
1021. Specifically, this rule amends an existing rule without changing
its environmental effect, and, therefore, is covered by the Categorical
Exclusion in paragraph A6 to Appendix A to subpart D, 10 CFR part 1021,
which applies because this rule would establish revisions to existing
test procedures that will not affect the amount, quality, or
distribution of energy usage, and, therefore, will not result in any
environmental impacts.\15\ Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
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\15\ Categorical Exclusion A6 provides, ``Rulemakings that are
strictly procedural, such as rulemaking (under 48 CFR part 9)
establishing procedures for technical and pricing proposals and
establishing contract clauses and contracting practices for the
purchase of goods and services, and rulemaking (under 10 CFR part
600) establishing application and review procedures for, and
administration, audit, and closeout of, grants and cooperative
agreements.''
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E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 4, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States,
[[Page 62143]]
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 that it will follow in
developing such regulations. 65 FR 13735. DOE examined this proposed
rule and determined that it would not preempt State law and 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.
Executive Order 13132 requires no further action.
F. 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 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 specifies the following: (1) The
preemptive effect, if any; (2) any effect on existing Federal law or
regulation; (3) a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) the retroactive
effect, if any; (5) definitions of key terms; and (6) other important
issues affecting clarity and general draftsmanship under any guidelines
issued by the Attorney General. Section 3(c) of Executive Order 12988
requires Executive agencies to review regulations in light of
applicable standards in sections 3(a) and 3(b) to determine whether
they are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this rule meets the relevant standards of Executive
Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. 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 estimates of the resulting
costs, benefits, and other effects on the national economy. (2 U.S.C.
1532(a), (b)) 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.'' UMRA 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 such governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is
also available at http://www.gc.doe.gov.) Today's proposed rule
contains neither an intergovernmental mandate nor a mandate that may
result in an expenditure of $100 million or more in any year, so these
requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's proposed rule would have no 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.
I. 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 regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (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 today's notice and concluded that it is consistent with
applicable policies in the OMB and DOE guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
a Statement of Energy Effects for any proposed significant energy
action. The definition of a ``significant energy action'' is 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 if the proposal were to be
implemented, and of reasonable alternatives to the action and their
expected benefits on energy supply, distribution, and use. Today's
regulatory action 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.
Therefore, it is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91), DOE
must comply with section 32 of the Federal Energy Administration Act of
1974 (Pub. L. 93-275), as amended by the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub. L. 95-70) (15 U.S.C. 788).
Section 32 essentially provides that, where a
[[Page 62144]]
proposed rule authorizes or requires use of commercial standards, the
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 rule incorporates testing methods contained in
sections 4 and 5 of the commercial standard, IEC Standard 62301. DOE
has evaluated this standard and is unable to conclude whether it fully
complies with the requirements of section 32(b) of the FEAA, i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review. DOE will consult with the Attorney
General and the Chairman of the FTC about the impact on competition of
using the methods contained in this standard before prescribing a final
rule.
V. Public Participation
A. Attendance at Public Meeting
The time, date, and location of the public meeting are listed in
the DATES and ADDRESSES sections at the beginning of this NOPR. To
attend the public meeting, please notify Ms. Brenda Edwards at (202)
586-2945. As explained in the ADDRESSES section, foreign nationals
visiting DOE Headquarters are subject to advance security screening
procedures.
B. Procedure for Submitting Requests to Speak
Anyone who has an interest in today's notice, or who represents a
group or class of persons with an interest in these issues, may request
an opportunity to make an oral presentation at the public meeting. Such
persons may hand-deliver requests to speak to the address shown in the
ADDRESSES section at the beginning of this notice between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Requests may also
be sent by mail or e-mail to: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585-0121, or
Brenda.Edwards@ee.doe.gov. Persons who wish to speak should include in
their request a computer diskette or CD in WordPerfect, Microsoft Word,
PDF, or text (ASCII) file format that briefly describes the nature of
their interest in this rulemaking and the topics they wish to discuss.
Such persons should also provide a daytime telephone number where they
can be reached.
DOE requests persons selected to be heard to submit an advance copy
of their statements at least one week before the public meeting. DOE
may permit persons who cannot supply an advance copy of their statement
to participate, if those persons have made advance alternative
arrangements with the Building Technologies Program. Requests to give
an oral presentation should ask for such alternative arrangements.
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 5 U.S.C. 553 and 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,
interested parties may submit further comments on the proceedings as
well as on any aspect of the rulemaking until the end of the comment
period.
DOE will conduct the public meeting in an informal conference
style. DOE will present summaries of comments received before the
public meeting, allow time for presentations by participants, and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
prepared general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit other
participants to comment briefly on any general statements. At the end
of all prepared statements on each specific topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others.
Participants should be prepared to answer DOE's and other
participants' questions. DOE representatives may also ask participants
about other matters relevant to this rulemaking. The official
conducting the public meeting will accept additional comments or
questions from those attending if 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.
DOE will make the entire record of this proposed rulemaking,
including the transcript from the public meeting, available for
inspection at the U.S. Department of Energy, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024, (202) 586-9127, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Copies of the
transcript are available for purchase from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding the
proposed rule before or after the public meeting, but no later than the
date provided at the beginning of this notice. Comments, data, and
information submitted to DOE's e-mail address for this rulemaking
should be provided in WordPerfect, Microsoft Word, PDF, or text (ASCII)
file format. Stakeholders should avoid the use of special characters or
any form of encryption, and wherever possible comments should include
the electronic signature of the author. Comments, data, and information
submitted to DOE via mail or hand delivery should include one signed
original paper copy. No telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document that
includes all of the information believed to be confidential, and one
copy of the document with that information deleted. DOE will make its
own determination as to the confidential status of the information and
treat it accordingly.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include the following: (1) A
description of the items; (2) whether and why such items are
customarily treated as confidential within the industry; (3) whether
the information is generally known by or available from other sources;
(4) whether the information was previously made available to others
without obligation concerning its confidentiality; (5) an explanation
of the competitive injury to the submitting person that would result
from public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
E. Issues on Which DOE Seeks Comment
Although comments are welcome on all aspects of this rulemaking,
DOE is particularly interested in receiving comments and views of
interested parties on the following issues:
[[Page 62145]]
1. Energy Descriptor
DOE seeks comment on the determination of the technical
infeasibility of incorporating energy factor and standby mode and off
mode power into a single energy descriptor. (See section III.C.)
2. Incorporation of IEC Standard 62301
DOE invites comment on the adequacy of IEC Standard 62301 to
measure standby mode and off mode power for microwave ovens in general,
and on the suitability of incorporating into DOE regulations the
specific provisions described in section III. D.
3. Test Cycle
DOE seeks comment on its proposed clarification to IEC Standard
62301, in which DOE would specify a test period of 12 hours 30 seconds for power measurements for microwave ovens for which
the measured power is not stable. (See section III.F.)
4. Technical Correction
DOE seeks comment on its proposed change to the conversion factor
used in the calculation of microwave oven test cooking energy output in
order to produce a value in units of Wh rather than kWh. (See section
III.G.)
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's Notice
of Proposed Rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental Relations, Small businesses.
Issued in Washington, DC, on October 1, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend 10
CFR part 430 to read as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
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.
2. Section 430.22 is amended by adding paragraph (b)(4)3., to read
as follows:
Sec. 430.22 Reference Sources.
* * * * *
(b) * * *
(4) * * *
3. IEC 62301, ``Household electrical appliances--Measurement of
standby power,'' Section 4, General conditions for measurements,
Paragraph 4.2, ``Test room,'' Paragraph 4.4, ``Supply voltage
waveform,'' and Paragraph 4.5, ``Power measurement accuracy;'' and
Section 5 Measurements, Paragraph 5.1, ``General,'' Note 1, and
Paragraph 5.3, ``Procedure'' (2005-06).
* * * * *
3. Appendix I to Subpart B of Part 430 is amended as follows:
a. In section 1. Definitions, by:
A. Redesignating section 1.11 as 1.15; and adding a new section
1.14;
B. Redesignating sections 1.7 through 1.10 as sections 1.10 through
1.13 respectively; and adding a new section 1.9;
C. Redesignating sections 1.5 through 1.6 as sections 1.7 through
1.8 respectively; and adding a new section 1.6;
D. Redesignating sections 1.1 through 1.4 as sections 1.2 through
1.5, respectively; and adding a new section 1.1;
b. In section 2. Test Conditions, by:
1. Revising sections 2.1.3; 2.2.1 and 2.5; and
2. Adding new sections 2.2.1.1, 2.2.1.2 and 2.9.1.3;
c. In section 3. Test Methods and Measurements, by adding new
sections 3.1.3.2; 3.2.4 and 3.3.14.
d. In section 4. Calculation of Derived Results From Test
Measurements, by:
1. Revising sections 4.4.1;
The additions and revisions read as follows:
Appendix I to Subpart B of Part 430-Uniform Test Method for Measuring
the Energy Consumption of Conventional Ranges, Conventional Cooking
Tops, Conventional Ovens, and Microwave Ovens
* * * * *
1. Definitions
* * * * *
1.1 Active mode means the condition in which a microwave oven is
connected to a main power source, has been activated, and provides
one or more main functions.
* * * * *
1.6. IEC 62301 refers to the test standard published by the
International Electrotechnical Commission, titled ``Household
electrical appliances--Measurement of standby power,'' Publication
62301 First Edition 2005-06. (See 10 CFR 430.22)
* * * * *
1.9 Off mode means the condition in which a microwave oven is
connected to a main power source and is not providing any standby
mode or active mode function.
* * * * *
1.14 Standby mode the condition in which a microwave oven is
connected to the main power source and offers one or more of the
following user-oriented or protective functions: (1) to facilitate
the activation or deactivation of other functions (including active
mode) by remote switch (including remote control), internal sensor,
or timer; (2) continuous functions, including information or status
displays (including clocks) or sensor-based functions.
* * * * *
2. Test Conditions
* * * * *
2.1.3 Microwave ovens. 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. A watt-
hour meter and watt meters shall be installed in the circuit and
shall be as described in Section 2.9.1. If trial runs are needed to
set the ``on'' time for the test, the test measurements are to be
separated according to Section 4, Paragraph 12.6 of IEC 705
Amendment 2. (See 10 CFR 430.22)
* * * * *
2.2.1 Electrical supply.
2.2.1.1 Voltage. Maintain the electrical supply to the
conventional range, conventional cooking top, and conventional oven
being tested at 240/120 volts except that basic models rated only at
208/120 volts shall be tested at that rating. Maintain the voltage
within 2 percent of the above specified voltages. For microwave oven
testing, however, maintain the electrical supply to a microwave oven
at 120 volts 1 volt and at 60 hertz.
2.2.1.2 Supply voltage waveform. For the microwave oven testing,
maintain the electrical supply voltage waveform as indicated in
Section 4, Paragraph 4.4 of IEC 62301.
* * * * *
2.5 Ambient room air temperature. During the test, maintain an
ambient room air temperature, TR, of 77[deg]9
[deg]F (25[deg]5 [deg]C) for conventional ovens and
cooking tops, or as indicated in Section 4, Paragraph 12.4 of IEC
705 Amendment 2 for microwave ovens for power output measurement or
as indicated in Section 4, Paragraph 4.2 of IEC 62301 for standby
mode and off mode power consumption measurement, as measured at
least 5 feet (1.5 m) and not more than 8 feet (2.4 m) from the
nearest surface of the unit under test and approximately 3 feet (0.9
m) above the floor. The temperature shall be measured with a
thermometer or temperature indicating system with an accuracy as
specified in Section 2.9.3.1.
* * * * *
2.9.1.3 Standby mode and off mode watt meter. The watt meter
used to measure standby mode and off mode shall have a resolution as
specified in Section 4, Paragraph 4.5 of IEC 62301. The watt meter
shall also be able to record a ``true'' average
[[Page 62146]]
power as specified in Section 5, Paragraph 5.3.2(a) of IEC 62301.
* * * * *
3. Test Methods and Measurements
* * * * *
3.1.3.2 Microwave oven test standby mode and off mode power.
Establish the testing conditions set forth in Section 2, ``TEST
CONDITIONS,'' of this Appendix, omitting the microwave oven test
load specified in Section 2.8. For microwave ovens that drop from a
higher power state to a lower power state as discussed in Section 5,
Paragraph 5.1, Note 1 of IEC 62301, allow sufficient time for the
microwave oven to reach the lower power state before proceeding with
the test measurement. Follow the test procedure as specified in
Section 5, Paragraph 5.3 of IEC 62301. For units in which power
varies over a cycle, as described in Section 5, Paragraph 5.3.2 of
IEC Standard 62301, use the average power approach in Paragraph
5.3.2(a), but with a single test period of 12 hours 30
sec. If a microwave oven is capable of operation in either standby
mode or off mode, or both, as defined in Sections 1.9 and 1.14,
respectively, test the microwave oven in each mode in which it can
operate.
* * * * *
3.2.4 Microwave oven test standby mode and off mode power. Make
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301.
If the microwave oven is capable of operating in standby mode,
measure the average standby mode power of the microwave oven,
PSB, in watts as specified in Section 3.1.3.2. If the
microwave oven is capable of operating in off mode, measure the
average off mode power of the microwave oven, POFF, as
specified in Section 3.1.3.2.
* * * * *
3.3.14 Record the average standby mode power, PSB,
for the microwave oven standby mode, as determined in Section 3.2.4
for a microwave oven capable of operating in standby mode. Record
the average off mode power, POFF, for the microwave oven
off mode power test, as determined in Section 3.2.4 for a microwave
oven capable of operating in off mode.
* * * * *
4. Calculation of Derived Results From Test Measurements
* * *
4.4 Microwave oven.
4.4.1 Microwave oven test energy output. Calculate the microwave
oven test energy output, ET, in watt-hour's (kJ). The
calculation is repeated two or three times as required in Section
3.2.3. The average of the ET's is used for a calculation
in Section 4.4.3. For calculations specified in units of energy
[watt-hours (kJ)], use the equation below:
[GRAPHIC] [TIFF OMITTED] TP17OC08.038
Where:
Mw=the measured mass of the test water load, in pounds (g).
Mc=the measured mass of the test container before filling with test
water load, in pounds (g).
T1=the initial test water load temperature, in [deg]F ([deg]C).
T2=the final test water load temperature, in [deg]F ([deg]C).
T0=the measured ambient room temperature, in [deg]F ([deg]C).
Cc=0.210 Btu/1b-[deg]F (0.88 kJ/kg [middot] [deg]C), specific heat
of test container.
Cp=1.0 Btu/lb-[deg]F (4.187 kJ/kg [middot] [deg]C), specific heat of
water.
Ke=3.412 Btu/Wh (3,600 kJ/kWh) conversion factor of watt-hours to
Btus.
* * * * *
[FR Doc. E8-23857 Filed 10-16-08; 8:45 am]
BILLING CODE 6450-01-P