[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Rules and Regulations]
[Pages 42579-42585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17773]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2010-BT-TP-0022]
RIN: 1904-AC25
Energy Conservation Program for Consumer Products: Test Procedure
for Microwave Ovens; Repeal of Active Mode Test Procedure Provisions
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE) repeals the regulatory
provisions establishing the cooking efficiency test procedure for
microwave ovens under the Energy Policy and Conservation Act (EPCA).
DOE has determined that the microwave oven test procedure to measure
the cooking efficiency does not produce accurate and repeatable test
results and is unaware of any test procedures that have been developed
that address the concerns with the DOE microwave oven cooking
efficiency test procedure.
DATES: Effective date: This rule is effective on July 22, 2010.
ADDRESSES: The public may review copies of all materials related to
this rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC, (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 regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, 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) 586-7335. E-mail: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Tel.: (202) 586-7796. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Legal Authority and Background
II. Discussion
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Administrative Procedure Act
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 13132
G. Review Under Executive Order 12988
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 12630
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
(FEA) Act of 1974
N. Congressional Notification
IV. Approval of the Office of the Secretary
I. Legal Authority and Background
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. (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.
Manufacturers of covered products must use DOE test procedures to
certify that their products comply with energy conservation standards
adopted under EPCA and to represent the efficiency of their products.
(42 U.S.C. 6295(s); 42 U.S.C. 6293(c)) DOE must also use DOE test
procedures in any action to determine whether covered products comply
with EPCA standards. (42 U.S.C. 6295(s)) Criteria and procedures for
DOE's adoption and amendment of such test procedures, as set forth in
EPCA, require that test procedures 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. Test procedures must also not be
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA also specifies that State law providing for the disclosure of
information with respect to any measure of energy consumption is
superseded to the extent that such law requires testing or the use of
any measure of energy consumption or energy descriptor in any manner
other than provided under section 323 of EPCA. (42 U.S.C.
6297(a)(1)(A); 42 U.S.C. 6297(f)(3)(G)) Therefore, in the absence of a
Federal test procedure or accompanying conservation standard, States
may prescribe their own test procedures and standards pursuant to
applicable State law. Id.
Background--Active Mode Test Procedure
DOE's test procedure for microwave ovens is codified at appendix I
to subpart B of Title 10 of the Code of Federal Regulations (CFR). That
test procedure 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,'' (IEC Standard 705) and measures
microwave oven cooking efficiency and energy factor (EF). Id.
Background--Active Mode Standards
The National Appliance Energy Conservation Act of 1987 (NAECA; Pub.
L. 100-12), which amended EPCA, established prescriptive standards for
kitchen ranges and ovens, but no standards were established for
microwave ovens. (42 U.S.C. 6295(h)) 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), in which DOE
found that no amended standards were justified for electric cooking
products, including microwave ovens. In a final rule published on April
8, 2009 (74 FR 16040) (hereafter referred to as the appliance standards
rulemaking), DOE established amended standards for gas cooking
products, but again found that no active mode cooking efficiency
standards were justified for electric cooking products, including
microwave ovens. This rulemaking completed the second cycle of
rulemakings required by
[[Page 42580]]
the NAECA amendments to EPCA. (42 U.S.C. 6295(h)(2))
II. Discussion
The regulatory definition of ``microwave oven'' is set forth at 10
CFR 430.2. ``Microwave oven'' is defined 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.'' The existing test procedure to measure energy efficiency of
microwave ovens is codified at 10 CFR 430.23(i) and 10 CFR part 430,
subpart B, appendix I, and the sampling plan, that is, the specific
requirements for the number of units to be tested, is set forth at 10
CFR 430.24(i).
The current DOE microwave oven test procedure incorporates portions
of IEC Standard 705 for measuring the cooking performance of microwave
ovens. The testing methods measure the amount of energy required to
raise the temperature of 1 kilogram of water by 10 degrees Celsius
([deg]C) 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 part of the appliance standards rulemaking, DOE tested 32
microwave ovens, and the Association of Home Appliance Manufacturers
(AHAM) independently tested 21 additional units, for a total of 53
microwave ovens, according to the current DOE microwave oven test
procedure.\1\ 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.
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\1\ Both DOE's and AHAM's microwave oven samples contained units
with manufacturer-rated output powers ranging from 700 to 1,300 W.
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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 (0 to 2.5) 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.\2\ DOE understands that IEC,
AHAM, manufacturers, and others are exploring whether a test procedure
can be developed that addresses the high-variability concerns with its
current cooking efficiency measure. DOE stated in an October 2008
notice of proposed rulemaking (hereinafter referred to as the October
2008 TP NOPR) that it would evaluate such test procedures to determine
whether they address the concerns discussed above, thereby making them
suitable candidates for use in amending the DOE test procedure. 73 FR
62134, 62139 (Oct. 17, 2008).
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\2\ For more details of the cooking efficiency testing conducted
as part of the appliance standards rulemaking, see the 2009
Technical Support Document for Residential Dishwashers,
Dehumidifiers, and Cooking Products and Commercial Clothes Washers.
Available online at http://www1.eere.energy.gov/buildings/appliance_standards/residential/cooking_products.html.
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DOE also noted that IEC Standard 705 has been declared obsolete by
IEC and the current IEC test procedure is IEC Standard 60705-2006,
``Household microwave ovens--Methods of measuring performance'' (IEC
Standard 60705). In order to evaluate the key differences between these
two IEC test procedures, DOE conducted a series of tests as part of the
appliance standards rulemaking on a sub-sample of its microwave ovens
(12 units total) to compare the efficiency measurements using both IEC
test procedures. The general methodology for each test procedure is
largely the same, and consists of heating 1 kg of water from about 10
[deg]C below room temperature to room temperature, using the maximum
power setting on the microwave oven. The input power over the duration
of the test, and thus energy consumed during the test, are compared to
the energy absorbed by the test load to obtain the efficiency
measurement. Table II.1 below summarizes key differences noted between
the test procedures that can potentially impact the final energy
efficiency calculation.
Table II.1--Key Differences Between IEC Standard 705 and IEC Standard 60705
----------------------------------------------------------------------------------------------------------------
IEC Standard 705-1988 and Amendment 2-
1993 IEC Standard 60705-2006
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Ambient Temp.,T0 = 20 2 Ambient Temp.,T0 = 20 5 [deg]C.
[deg]C. Starting Water Temp., T1 = 10 1 [deg]C.
Starting Water Temp., T1 = T0-(10 Final Water Temp., T2 = 20 2 [deg]C.
1 [deg]C).
Final Water Temp., T2 = T0 1 [deg]C.
Electrical Input Energy neglects the Measurement of Electrical Input Energy includes the energy consumed
magnetron filament heat-up time, the during the magnetron filament heat-up time.
measurement starting when the input
current reaches 90 percent of its
final value.
No mention of rounding off efficiency Efficiency is rounded off to the nearest whole number, while output
or output power calculations. power is rounded off to the nearest 50 W.
Temperature measurement accurate No specifications for accuracy of temperature and time measurements.
within 0.25 [deg]C and linearity
better than 1 percent. Time
measurement accurate within 0.25
seconds.
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As part of this testing to compare the two IEC test procedures, DOE
conducted tests to evaluate the variation of test-to-test efficiency
results for an individual microwave oven. DOE test results, shown below
in Table II.2, showed that the test-to-test variation using IEC
Standard 60705 ranged from 0 to 5 percent of the average value, which
was much greater than the comparable variation for IEC Standard 705,
whose test-to-test variation in efficiency results ranged from 0 to 1.5
percent for the same sub-sample of microwave ovens. This larger range
associated with IEC
[[Page 42581]]
Standard 60705 is believed to be attributable to the effects of the
procedure's requirement to round the power output to the nearest 50 W
and the efficiency to the nearest whole number after each individual
test, prior to averaging. DOE also evaluated the non-rounded data from
the tests using IEC Standard 60705, which still showed more test-to-
test variation for a given unit (0 to 2.1 percent) than the variations
test-to-test during the IEC Standard 705 testing. This remaining
increment in test-to-test variation was likely due to the more lenient
tolerances on the prescribed ambient and final test load temperatures
(presented in Table II.2). Based on observations and analysis of test
results, DOE believes that IEC Standard 60705 is likely to produce even
less consistent or repeatable test results than IEC Standard 705
because the measurement requirements in IEC Standard 705 are more
stringent. Therefore, DOE did not propose amendments in the October
2008 TP NOPR to the microwave oven test procedure to reference IEC
Standard 60705.
Table II.2--IEC Standard 705 Versus IEC Standard 60705 Test Results Test-To-Test Variation
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Test-to-test EF range (%)
------------------------------------------------
Test unit IEC Standard IEC Standard
IEC Standard 60705 60705 (non-
705 (rounded) rounded)
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1.............................................................. 1.46 3.57 0.56
2.............................................................. 0.06 3.45 0.96
3.............................................................. 0.40 3.33 0.70
4.............................................................. 0.48 5.00 1.66
5.............................................................. 0.71 3.57 0.50
6.............................................................. 0.47 3.45 0.20
7.............................................................. 0.77 3.39 0.53
8.............................................................. 0.21 1.67 0.76
9.............................................................. 1.07 1.67 1.05
10............................................................. 0.96 0.00 0.87
11............................................................. 0.67 1.79 0.82
12............................................................. 1.24 5.17 2.14
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In response to the October 2008 TP NOPR, DOE received comments from
interested parties regarding the accuracy and repeatability of the
existing DOE microwave oven test procedure for measuring cooking
efficiency. The Appliance Standards Awareness Project (ASAP) cited
substantial problems with the test procedure for measuring cooking
efficiency that have not yet been addressed, including a lack of
repeatable and consistent results and the possibility that the
challenge of dealing with cooking efficiency is being compounded by
rating the cooking efficiency of combination ovens in their various
cooking modes. (ASAP, Public Meeting Transcript, No. 7 at p. 25)
Pacific Gas & Electric (PG&E) noted that heat transfer in a microwave
oven depends on the specific resistivity of the load, and that pure
water has relatively low specific resistivity, and items that might be
cooked in a microwave oven would have more salt and thus absorb
microwave energy more efficiently than pure water. PG&E noted that,
while water is easily obtainable for testing, using it probably results
in lower cooking efficiency measurements than would be expected from
using actual food products. (PG&E, Public Meeting Transcript, No. 7 at
pp. 44-45)
DOE is unaware of any test procedures that have been developed that
address the concerns with the DOE microwave oven cooking efficiency
test procedure discussed above. DOE is also unaware of any research or
data on consumer usage indicating what a representative food load would
be, or any data showing how changes to the representative test load
would affect the measured EF or repeatability of test results.
Because there are currently no existing test procedures that
produce representative and repeatable cooking efficiency measurements
for microwave ovens, and because of the issues with using the existing
DOE microwave oven test procedure, as discussed above, including the
large test-to-test variation in cooking efficiency measurements, DOE is
repealing the provisions in the existing microwave oven test procedure
relating to the measurement of cooking efficiency and EF, and the
regulatory provision specifying requirements for the number of units to
be tested pursuant to the test procedure (i.e., the sampling plan).
DOE will maintain the regulatory definition of microwave oven
because kitchen ranges and ovens are listed as covered products in EPCA
(42 U.S.C. 6292(10)) and because DOE is currently considering
amendments to the microwave oven test procedure to measure standby and
off mode energy use. DOE plans to initiate a separate rulemaking
process to consider new provisions for measuring microwave oven energy
efficiency in active (cooking) mode and has published a notice of
public meeting to discuss active mode test procedures elsewhere in
today's Federal Register.
III. 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. Administrative Procedure Act
The Department of Energy finds good cause to waive notice and
comment on these regulations pursuant to 5 U.S.C. 533(b)(B), and the
30-day delay in effective date pursuant to 5 U.S.C. 553(d). Notice and
comment are unnecessary and contrary to the public interest because
this final rule is repealing a test procedure that DOE has determined
to not be able to produce accurate and repeatable test results.
Interested parties were provided with an opportunity to comment on the
active mode test procedure in the October 2008 TP NOPR and responded in
support of DOE's determination. In addition, DOE previously determined
that standards for microwave ovens
[[Page 42582]]
were not warranted. (74 FR 16040, April 8, 2009). As a result, there is
currently no energy conservation standard in place for microwave ovens
for which a test procedure would be necessary to measure energy
efficiency or energy use. A delay in effective date is unnecessary and
contrary to the public interest for these same reasons. Therefore,
these regulations are being published as final regulations and are
effective July 22, 2010.
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 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 (www.gc.doe.gov). Because a notice of proposed rulemaking is not
required under the Administrative Procedure Act or other applicable
law, the Regulatory Flexibility Act does not require certification or
the conduct of a regulatory flexibility analysis for this rule.
C. Review Under the Paperwork Reduction Act of 1995
Today's final rule contains no new record-keeping requirements.
Therefore, today's final rule would not impose any new reporting
requirements requiring clearance by OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
D. Review Under the National Environmental Policy Act of 1969
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 revise existing test procedures such that the amount,
quality, or distribution of energy usage will not be affected, and,
therefore, not result in any environmental impacts.\3\ Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
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\3\ 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, 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 final 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 final 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 www.gc.doe.gov). Today's final 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.
[[Page 42583]]
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 final 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 final rule 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 final rule 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
final rule 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. The Administrator of OIRA also
did not designate the final rule as a significant energy action.
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 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. This final rule to
repeal the test procedure for determining the energy efficiency of
microwave ovens does not authorize or require the use of any commercial
standards. Therefore, no consultation with either DOJ or FTC is
required.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
VI. Approval of the Office of the Assistant Secretary
The Assistant Secretary of DOE's Office of Energy Efficiency and
Renewable Energy has approved publication of today's final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons stated in the preamble, part 430 of chapter II of title
10, Code of Federal Regulations, is amended 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.
Sec. 430.3 [Amended]
0
2. Section 430.3 is amended by removing paragraphs (l)(1) and (l)(2).
0
3. Section 430.23 is amended by revising paragraphs (i)(1), (i)(2),
(i)(4), and (i)(12) to read as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(i) Kitchen ranges and ovens. (1) The estimated annual operating
cost for conventional ranges, conventional cooking tops, and
conventional ovens shall be the sum of the following products: (i) The
total annual electrical energy consumption for any electrical energy
usage, in kilowatt-hours (kWh's) per year, times the representative
average unit cost for electricity, in dollars per kWh, as provided
pursuant to section 323(b)(2) of the Act; plus (ii) the total annual
gas energy consumption for any natural gas usage, in British thermal
units (Btu's) per year, times the representative average unit cost for
natural gas, in dollars per Btu, as provided pursuant to section
323(b)(2) of the Act; plus (iii) the total annual gas energy
consumption for any propane usage, in Btu's per year, times the
representative average unit cost for propane, in dollars per Btu, as
provided pursuant to section 323(b)(2) of the Act. The total annual
energy consumption for conventional ranges, conventional cooking tops,
and conventional ovens shall be as determined according to 4.3, 4.2.2,
and 4.1.2, respectively, of appendix I to this subpart. The estimated
annual operating cost shall be rounded off to the nearest dollar per
year.
(2) The cooking efficiency for conventional cooking tops and
conventional ovens shall be the ratio of the cooking energy output for
the test to the cooking energy input for the test, as determined
according to 4.2.1 and 4.1.3, respectively, of appendix I to this
[[Page 42584]]
subpart. The final cooking efficiency values shall be rounded off to
three significant digits.
* * * * *
(4) The energy factor for conventional ranges, conventional cooking
tops, and conventional ovens shall be the ratio of the annual useful
cooking energy output to the total annual energy input, as determined
according to 4.3, 4.2.3, 4.1.4, respectively, of Appendix I to this
subpart. The final energy factor values shall be rounded off to three
significant digits.
* * * * *
(12) Other useful measures of energy consumption for conventional
ranges, conventional cooking tops, and conventional ovens shall be
those measures of energy consumption which the Secretary determines are
likely to assist consumers in making purchasing decisions and which are
derived from the application of appendix I to this subpart.
* * * * *
0
4. Section 430.24 is amended by revising paragraph (i)(1) to read as
follows:
Sec. 430.24 Units to be tested.
* * * * *
(i)(1) Except as provided in paragraph (i)(2) of this section, for
each basic model of conventional cooking tops, and conventional ovens a
sample of sufficient size shall be tested to insure that--
(i) Any represented value of estimated annual operating cost,
energy consumption or other measure of energy consumption of a basic
model for which consumers would favor lower values shall be no less
than the higher of:
(A) the mean of the sample or
(B) the upper 97\1/2\ percent confidence limit of the true mean
divided by 1.05, and
(ii) Any represented value of the energy factor or other measure of
energy consumption of a basic model for which consumers would favor
higher values shall be no greater than the lower of:
(A) the mean of the sample or
(B) the lower 97\1/2\ percent confidence limit of the true mean
divided by .95.
* * * * *
0
5. Appendix I to Subpart B of Part 430 is amended:
0
a. In section 1. Definitions, by:
0
1. Removing section 1.5; and
0
2. Redesignating sections 1.6 through 1.11 as 1.5 through 1.10;
0
b. In section 2. Test Conditions, by:
0
1. Removing section 2.1.3;
0
2. Revising sections 2.2.1, 2.5, and 2.6;
0
3. Removing and reserving section 2.8, consisting of sections 2.8.1,
2.8.2, and 2.8.2.1;
0
4. Removing section 2.9.3.4;
0
5. Redesignating section 2.9.3.5 as 2.9.3.4; and
0
6. Revising sections 2.9.1.1, 2.9.1.2, 2.9.3.1, and 2.9.5;
0
c. In section 3. Test Methods and Measurements, by:
0
1. Revising sections 3.1.1 introductory text, 3.1.1.1, and 3.1.2;
0
2. Removing section 3.1.3, consisting of section 3.1.3.1;
0
3. Removing 3.2.3, and 3.3.13;
0
d. In section 4. Calculation of Derived Results From Test Measurements,
by:
0
1. Revising sections 4.3; and
0
2. Removing section 4.4, consisting of sections 4.4.1, 4.4.2, 4.4.3,
4.4.4 and 4.4.5;
The 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
* * * * *
2. Test Conditions
* * * * *
2.2.1 Electrical supply. 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.
* * * * *
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, 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.
2.6 Normal nonoperating temperature. All areas of the appliance
to be tested shall attain the normal nonoperating temperature, as
defined in Section 1.5, before any testing begins. The equipment for
measuring the applicable normal nonoperating temperature shall be as
described in Sections 2.9.3.1, 2.9.3.2, 2.9.3.3, and 2.9.3.4, as
applicable.
* * * * *
2.8 [Reserved]
* * * * *
2.9.1.1 Watt-hour meter. The watt-hour meter for measuring the
electrical energy consumption of conventional ovens and cooking tops
shall have a resolution of 1 watt-hour (3.6 kJ) or less and a
maximum error no greater than 1.5 percent of the measured value for
any demand greater than 100 watts.
2.9.1.2 Watt meter. The watt meter used to measure the
conventional oven, conventional range, or range clock power shall
have a resolution of 0.2 watt (0.2 J/s) or less and a maximum error
no greater than 5 percent of the measured value.
* * * * *
2.9.3.1 Room temperature indicating system. The room temperature
indicating system shall be as specified in Section 2.9.3.4 for
ranges, ovens and cooktops.
* * * * *
2.9.5 Scale. The scale used for weighing the test blocks shall
have a maximum error no greater than 1 ounce (28.4 g).
* * * * *
3. Test Methods and Measurements
3.1 Test methods.
3.1.1 Conventional oven. Perform a test by establishing the
testing conditions set forth in Section 2, ``TEST CONDITIONS,'' of
this Appendix, and adjust any pilot lights of a conventional gas
oven in accordance with the manufacturer's instructions and turn off
the gas flow to the conventional cooking top, if so equipped. Before
beginning the test, the conventional oven shall be at its normal
nonoperating temperature as defined in Section 1.5 and described in
Section 2.6. Set the conventional oven test block W1
approximately in the center of the usable baking space. If there is
a selector switch for selecting the mode of operation of the oven,
set it for normal baking. If an oven permits baking by either forced
convection by using a fan, or without forced convection, the oven is
to be tested in each of those two modes. The oven shall remain on
for at least one complete thermostat ``cut-off/cut-on'' of the
electrical resistance heaters or gas burners after the test block
temperature has increased 234 [deg]F (130 [deg]C) above its initial
temperature.
3.1.1.1 Self-cleaning operation of a conventional oven.
Establish the test conditions set forth in Section 2, ``TEST
CONDITIONS,'' of this Appendix. Adjust any pilot lights of a
conventional gas oven in accordance with the manufacturer's
instructions and turn off the gas flow to the conventional cooking
top. The temperature of the conventional oven shall be its normal
nonoperating temperature as defined in Section 1.5 and described in
Section 2.6. Then set the conventional oven's self-cleaning process
in accordance with the manufacturer's instructions. If the self-
cleaning process is adjustable, use the average time recommended by
the manufacturer for a moderately soiled oven.
* * * * *
3.1.2 Conventional cooking top. Establish the test conditions
set forth in Section 2, ``TEST CONDITIONS,'' of this Appendix.
Adjust any pilot lights of a conventional gas cooking top in
accordance with the manufacturer's instructions and turn off the gas
flow to the conventional oven(s), if so equipped. The temperature of
the conventional cooking top shall be its normal nonoperating
temperature as defined in Section 1.5 and described in Section 2.6.
Set the test block in the center of the surface unit under test. The
small test block, W2, shall be used on electric surface
units of 7 inches (178 mm) or less in diameter. The large test
block, W3, shall be used on electric surface units over 7
inches (177.8 mm) in diameter and on all gas surface units. Turn on
the surface unit under test and set its energy input rate to the
[[Page 42585]]
maximum setting. When the test block reaches 144 [deg]F (80 [deg]C)
above its initial test block temperature, immediately reduce the
energy input rate to 25 5 percent of the maximum energy
input rate. After 15 0.1 minutes at the reduced energy
setting, turn off the surface unit under test.
* * * * *
4. Calculation of Derived Results From Test Measurements
* * * * *
4.3 Combined components. The annual energy consumption of a
kitchen range, e.g. a cooktop and oven combined, shall be the sum of
the annual energy consumption of each of its components. The annual
energy consumption for other combinations of ovens and cooktops will
also be treated as the sum of the annual energy consumption of each
of its components. The energy factor of a combined component is the
sum of the annual useful cooking energy output of each component
divided by the sum of the total annual energy consumption of each
component.
[FR Doc. 2010-17773 Filed 7-21-10; 8:45 am]
BILLING CODE 6450-01-P