[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Proposed Rules]
[Pages 42612-42630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17775]
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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: Supplemental notice of proposed rulemaking.
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SUMMARY: On October 17, 2008, the U.S. Department of Energy (DOE)
issued a notice of proposed rulemaking (NOPR) in which DOE proposed
test procedures for microwave ovens under the Energy Policy and
Conservation Act (EPCA) to measure standby mode and off mode power use
by microwave ovens. To address issues raised in comments responding to
the NOPR, DOE conducted additional research and analysis. In today's
supplemental notice of proposed rulemaking (SNOPR), DOE proposes
adopting definitions of modes based on the relevant provisions from the
IEC Standard 62301, Household electrical appliances--Measurement of
standby power, Second Edition, Committee Draft for Vote (IEC Standard
62301 CDV), as well as language to clarify application of these
provisions for measuring standby mode and off mode power consumption in
microwave ovens. DOE will hold a public meeting to discuss and receive
comments on the issues presented in this SNOPR.
DATES: DOE will hold a public meeting on Thursday, September 16, 2010,
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., Thursday, September 2, 2010.
DOE must receive a signed original and an electronic copy of statements
to be given at the public meeting before 4 p.m., Thursday, September 9,
2010.
DOE will accept comments, data, and information regarding this
SNOPR before and after the public meeting, but no later than October 4,
2010. For details, see section V, ``Public Participation'', of this
SNOPR.
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 SNOPR 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: www.regulations.gov. Follow the
instructions for submitting comments.
2. E-mail: [email protected]. 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.,
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
[[Page 42613]]
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.
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. 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 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. Other Issues
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. Covered Products
2. Cooking Efficiency Test Load
3. Incorporation of IEC Standard 62301
4. Mode Definitions
5. Test Cycle
6. Test Procedure Waivers for Products for Which Test
Measurements Are Not Representative
VI. Approval of the Office of the Assistant 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. (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))
If DOE determines that a test procedure amendment is warranted, it
must publish proposed test procedures and offer the public an
opportunity to present oral and written comments on them. (42 U.S.C.
6293(b)(2)) In any rulemaking to amend a test procedure, DOE must
determine to what extent 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 is also required to amend the test procedures for covered
products to address standby mode and off mode energy consumption and to
integrate such energy consumption into the energy descriptor for that
product unless the current test procedures already fully account for
such consumption. If integration is technically infeasible, DOE must
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 [``Household electrical appliances--Measurement of standby
power,'' First Edition 2005-06 (IEC Standard 62301)1 2] and
IEC Standard 62087 [``Methods of measurement for the power consumption
of audio, video, and related equipment,'' Second Edition 2008-09]. Id.
For microwave ovens, DOE must prescribe any such amendment by March 31,
2011. (42 U.S.C. 6295(gg)(2)(B)(vi))
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\1\ IEC standards are available for purchase at: http://www.iec.ch.
\2\ Multiple editions of this standard are referenced in this
SNOPR. Unless otherwise indicated, the terms ``IEC Standard 62301''
or ``IEC Standard 62301 First Edition'' refer to ``Household
electrical appliances--measurement of standby power'' (First
Edition, 2005-06).
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Historically, DOE's test procedure for microwave ovens appeared at
appendix I to subpart B of Title 10 of the Code of Federal Regulations
(CFR).\3\ 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. That final rule incorporated 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'' to measure microwave oven cooking
efficiency, but did not address energy use in the standby or off modes.
Id.
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\3\ As explained in more detail later in the preamble, DOE
published a final rule to repeal the active mode test procedure for
microwave ovens elsewhere in today's Federal Register.
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DOE published a notice of proposed rulemaking (NOPR) on October 17,
2008
[[Page 42614]]
(hereafter referred to as the October 2008 TP NOPR), in which it
proposed incorporating provisions from IEC Standard 62301 into the DOE
active mode test procedure, as well as language to clarify application
of these provisions for measuring standby mode and off mode power in
microwave ovens. The October 2008 TP NOPR also proposed correcting a
technical error in the calculation of microwave test cooking energy
output. 73 FR 62134 (Oct. 17, 2008). DOE held a public meeting on
November 14, 2008 (hereafter referred to as the November 2008 public
meeting), to hear oral comments on and solicit information relevant to
the October 2008 TP NOPR. Interested parties remarked upon, among other
things, harmonization of standards and test procedures with those of
other countries and international agencies. In particular commenters
urged DOE to consider IEC Standard 62301 Second Edition, which was in
the process of being finalized and published.
After the October 2008 TP NOPR was published, DOE determined that
it would consider the revised version of IEC Standard 62301, i.e., IEC
Standard 62301 Second Edition, in the microwave oven test procedure
rulemaking. The revised version was expected in July 2009. DOE
anticipated, based on review of drafts of the updated IEC Standard
62301, that the revisions could include different mode definitions.
DOE later received information that IEC Standard 62301 Second
Edition is not expected to be issued until late 2010. Because EPCA
requires DOE to establish test procedures for standby and off mode by
March 31, 2011 and DOE is conducting a concurrent energy conservation
standards rulemaking for standby and off mode energy use, discussed
below, DOE publishes today's SNOPR to consider the new mode definitions
from the most recent draft version of IEC Standard 62301, designated as
IEC Standard 62301 Second Edition, Committee Draft for Vote (IEC
Standard 62301 CDV). IEC Standard 62301 CDV contains proposed
amendments to IEC Standard 62301, including new mode definitions based
on those proposed in IEC Standard 62301 Second Edition, Committee Draft
2 (IEC Standard 62301 CD2) \4\ and which address comments received by
interested parties in response to IEC Standard 62301 CD2. As a result
of this continued refinement on the basis of public comment, DOE
believes that these most recent mode definitions represent the best
definitions available for the analysis in support of today's SNOPR.
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\4\ IEC Standard 62301 CD2 was the draft version immediately
preceding IEC Standard 62301 CDV.
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As stated in the previous paragraph, DOE is considering amended
microwave oven energy conservation standards addressing standby and off
mode energy use concurrently with the test procedure rulemaking
process. 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.
DOE initiated the second cycle of energy conservation standards
rulemakings for cooking products by publishing a framework document
covering, in part, microwave ovens, and giving notice of a public
meeting and the availability of the document. 71 FR 15059 (March 27,
2006). In its subsequent advance notice of proposed rulemaking (ANOPR)
(72 FR 64432, Nov. 15, 2007; hereafter the November 2007 ANOPR)
concerning energy conservation standards for commercial clothes washers
and residential dishwashers, dehumidifiers, and cooking products,
including microwave ovens (hereafter referred to as the appliance
standards rulemaking), DOE determined that energy consumption by
microwave ovens in the standby mode represents a significant portion of
microwave oven energy use, and that a standard regulating such energy
consumption would likely have significant energy savings. 72 FR 64432,
64441-42 (Nov. 15, 2007). Before standby power could be included in an
efficiency standard for microwave ovens, however, test procedures for
the measurement of standby power would be required. 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 First Edition 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. This
would permit more accurate measurement of average standby power
consumption.
DOE published a NOPR for the appliance standards rulemaking on
October 17, 2008, in which it tentatively concluded that a standard for
microwave oven standby mode and off mode energy consumption would be
technologically feasible and economically justified. 73 FR 62034. DOE
received responses to the NOPR from interested parties regarding the
harmonization of standards and test procedures with those of other
countries and international agencies. As a result of these comments,
DOE decided to consider the revised version of IEC Standard 62301
(i.e., IEC Standard 62301 Second Edition) in the development of energy
conservation standards for the standby mode and off mode power
consumption of microwave ovens. As stated above, issuance of the
revised version was expected in July 2009 but is now expected in late-
2010, and as a result, DOE is considering the most recent draft version
IEC Standard 62301 CDV for today's SNOPR.
In a final rule published on April 8, 2009 (74 FR 16040), 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 the NAECA
amendments to EPCA. (42 U.S.C. 6295(h)(2))
In its analysis for the second cycle of rulemakings, DOE determined
that the microwave oven test procedure provisions to measure cooking
efficiency do not produce accurate and repeatable test results. DOE is
unaware of any test procedures that have been developed that address
the concerns with the DOE microwave oven cooking efficiency test
procedure. DOE, therefore, repealed the regulatory provisions
establishing the cooking efficiency test procedure for microwave ovens
under EPCA in a final rule published elsewhere in today's Federal
Register. DOE has also published a notice of a public meeting to
discuss a separate rulemaking process to establish new provisions for
measuring microwave oven energy efficiency in active (cooking) mode in
today's Federal Register.
[[Page 42615]]
II. Summary of the Proposed Rule
In the October 2008 TP NOPR and this SNOPR, DOE proposes amending
its test procedures for microwave ovens to:
(1) Assist DOE in the concurrent development of energy conservation
standards that address use of standby mode and off mode power by this
product.
(2) Address the statutory requirement to establish procedures for
the measurement of standby mode and off mode power consumption.
In the October 2008 TP NOPR, DOE proposed incorporating by
reference specific clauses from IEC Standard 62301 regarding test
conditions and testing procedures for measuring the average standby
mode and average off mode power consumption into the microwave oven
test procedure.\5\ These proposals are not affected by this SNOPR,
though DOE proposes in this SNOPR to incorporate two additional clauses
from IEC Standards 62301, as described in more detail below. DOE also
proposes in this SNOPR to incorporate into the microwave oven test
procedure definitions of ``active mode,'' ``standby mode,'' and ``off
mode'' that are based on the definitions provided in IEC Standard 62301
CDV. DOE further proposes language to clarify the application of
clauses from IEC Standard 62301 for measuring standby mode and off mode
power in this SNOPR. Specifically, DOE proposes defining 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 displays can vary based on the displayed clock time.
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\5\ DOE also proposed in the October 2008 TP NOPR a technical
correction to the equation for calculating the microwave oven test
cooking energy output which, as stated at the time in the test
procedure, produced a value with incorrect units. Because DOE
published a final rule elsewhere in today's Federal Register that
eliminated provisions for measuring microwave oven cooking energy
use, including the calculation of test cooking energy output, DOE no
longer is proposing such a technical correction.
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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.
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. Because of issues DOE identified with using its existing
microwave oven test procedure, including the large test-to-test
variation in cooking efficiency measurements, and because DOE is
unaware of any test procedures that have been developed that address
the concerns with the DOE microwave oven cooking efficiency test
procedure raised by these interested parties, DOE repealed the
provisions in the existing microwave oven test procedure relating to
the measurement of cooking efficiency and energy factor (EF) elsewhere
in today's Federal Register. Therefore, the requirement to integrate
energy consumption in standby mode and off mode into an overall energy
descriptor does not apply. DOE also published a notice in today's
Federal Register announcing a public meeting to consider developing a
new test procedure for active mode energy consumption of microwave
ovens, and DOE will consider the statutory requirement to integrate the
test procedures for standby and off mode as any active mode test
procedures are developed.
As noted above, EPCA requires that DOE determine whether a proposed
test procedure amendment would alter the measured efficiency of a
product, thereby requiring adjustment of existing standards. (42 U.S.C.
6293(e)) Because there are currently 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. DOE is
conducting a concurrent rulemaking process to consider standby and off
mode energy conservation standards and will consider this test
procedure rulemaking as any standards are developed.
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
This proposal would 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. This proposal would
also clarify that the definition of ``microwave oven'' in 10 CFR 430.2
includes microwave ovens with or without thermal elements designed for
surface browning of food and combination 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. In the October 2008 TP NOPR, DOE stated that
the proposed amendments would establish test procedures for 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. DOE
stated that the proposal did not address test procedures for
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). DOE noted that the proposal also did not propose
test procedures for 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. DOE requested data
on the efficiency characteristics of combination ovens in the November
2007 ANOPR, but did not receive any information. DOE also noted in the
October 2008 TP NOPR that if this information is made available at a
later date, DOE may consider combination ovens in future proceedings.
73 FR 62134, 62137 (Oct. 17, 2008).
The Association of Home Appliance Manufacturers (AHAM), GE Consumer
& Industrial (GE), Pacific Gas & Electric (PG&E), Whirlpool Corporation
(Whirlpool), and Earthjustice (EJ) commented that the proposed
definition for products covered by this test procedure was unclear,
seeking clarification on the definition of a ``microwave oven'' and
``combination oven'' and whether combination ovens would be covered by
the test procedure. (AHAM, No. 8 at pp. 1-2; GE, Public Meeting
Transcript, No. 7 at pp. 16-17; PG&E, Public Meeting Transcript, No. 7
at pp. 24-25, 32; Whirlpool, Public Meeting Transcript, No. 7 at p. 21;
EJ, Public Meeting Transcript, No. 7 at pp. 24, 32)
The Appliance Standards Awareness Project (ASAP) questioned the
need to determine whether combination ovens fall within the definition
of a microwave oven for this rulemaking, because the rulemaking is
focused on standby power. (ASAP, Public Meeting Transcript, No. 7 at p.
26) GE cited DOE's statement in the October 2008 TP NOPR that the
proposal does not provide test procedures for combination ovens because
DOE did not have sufficient efficiency characteristic data to include
these products in the rulemaking, but that microwave ovens
[[Page 42616]]
with or without thermal elements are included. GE also stated that the
proposed definition for microwave ovens is unclear, inconsistent with
current regulations, and leads to confusion about what is a covered
product. (GE, No. 9 at pp. 2-3) GE suggested that DOE review available
data, determine the types of products used to generate the data, and
include them in the rulemaking if there is adequate data. GE added
that, if there is insufficient characteristic data to support DOE's
analysis, these products should be excluded. GE also requested
clarification on microwave ovens with thermal elements, because there
are microwave ovens that also grill or brown. GE stated that there are
units that have modes that are grill-only and microwave-only, but if
there was a combination microwave-grill cycle that would classify it as
a combination unit. (GE, Public Meeting Transcript, No. 7 at pp.16-17)
AHAM, likewise, noted no mention of ``thermal elements designed for
surface browning of food'' in the definition in 10 CFR 430.2, and added
that the proposed definition for microwave ovens is inconsistent with
current regulations. AHAM urged DOE to clarify these definitions
through a transparent process involving all interested parties. (AHAM,
No. 8 at p. 2) Whirlpool added that they manufacture a product, and
believes GE does as well, that can work as a microwave only, work as a
convection oven, or in combination and questioned whether this would be
a covered product. (Whirlpool, Public Meeting Transcript, No. 7 at p.
21)
ASAP commented that they understood a microwave grill to be a
microwave and not a combination oven, questioned whether such a unit
with a combined cooking cycle would be considered a covered product,
and asked whether DOE had information indicating that combination ovens
cannot be measured under the test procedure proposed in the October
2008 TP NOPR. (ASAP, Public Meeting Transcript, No. 7 at p. 18) PG&E
stated that for products with browning functions that cook by microwave
energy, the controls could be set to use only the browning function, in
which case the product would not be covered (PG&E, Public Meeting
Transcript, No. 7 at pp. 19-20), and noted that many microwaves in
homes also have functions which would cause them to be classified as
combination ovens. (PG&E, Public Meeting Transcript, No. 7, pp. 21-22)
EJ stated that even a combination product would still be considered a
household cooking appliance that consists of a compartment designed to
cook or heat food using microwave energy. (EJ, Public Meeting
Transcript, No. 7 at p. 24)
ASAP, Alliance to Save Energy (ASE), American Council for an
Energy-Efficient Economy (ACEEE), Natural Resources Defense Council
(NRDC), Northeast Energy Efficiency Partnerships (NEEP), Northwest
Power and Conservation Council (NPCC), and Southern California Edison
(SoCal Edison) in a joint comment (hereafter ``Joint Comment'')
supported the application of the proposed standard and test procedure
to at least the category of microwave ovens specified in the October
2008 TP NOPR, and supported their application to all microwave ovens,
including combination ovens, in the absence of evidence that the
proposed standard and test procedure are unreasonable. (Joint Comment,
No. 11 at pp. 1-2) The Joint Comment supported Whirlpool's assertion
that DOE appears to be creating a new product definition, and stated
that, although DOE's proposed exclusion of combination ovens does not
appear in the draft text of either the proposed microwave oven
efficiency standard or revision to the test procedure, the plain
reading of the October 2008 TP NOPR makes it clear that some portion of
this product class is proposed to be carved out for separate treatment.
The Joint Comment pointed out that manufacturers have not presented
evidence that the proposed test procedure per se is impractical or
unworkable for any class of microwave ovens and recommended that the
test procedure be finalized as proposed, so that standby and off mode
power use of all microwave ovens can be measured, and leave the
coverage of the efficiency standard to the efficiency standard
rulemaking. (Joint Comment, No. 11 at p. 2)
ASAP noted that DOE elected to move the test procedure modification
for microwave ovens forward to incorporate standby mode while the
remainder of cooking products will be addressed by the EISA 2007
statutory date, and inquired about the interpretation that combination
ovens would thus be addressed in the 2011 rulemaking. (ASAP, Public
Meeting Transcript, No. 7 at pp. 29-31)
GE noted that the majority of over-the-range units are microwave
only and are not combination modes (GE, Public Meeting Transcript, No.
7 at p. 33) and combination ovens represent a smaller segment of the
market. (GE, Public Meeting Transcript, No. 7 at pp. 28-29) EJ
commented that although combination ovens are a very small portion of
the market, they represent higher-end units that presumably would be
the ones with the thermal elements and are more likely to have high-
intensity displays, maybe with backing fluorescents. EJ pointed out
that DOE could be allowing manufacturers to have excessive standby
consumption on those products deemed to be combination ovens, if they
are not covered. (EJ, Public Meeting Transcript, No. 7 at p. 32)
The Joint Comment also noted that excluding subclasses of microwave
ovens that comprise a significant share of the total microwave oven
market from the coverage of the standby efficiency standard could
invite actions by States to set efficiency standards for those
uncovered products. (Joint Comment, No. 11 at p. 2) PG&E suggested
clarifying what products are covered, because California and PG&E
intend to pursue a state standard for combination ovens. (PG&E, Public
Meeting Transcript, No. 7 at pp. 24-25) PG&E also stated that it would
advocate in California for a prescriptive standard covering just
standby energy use of combination ovens to bring it in line with
microwave-only products. (PG&E, Public Meeting Transcript, No. 7 at p.
32)
In response, DOE first notes that, for this SNOPR, it conducted a
survey of microwave oven models currently available on the U.S. market,
including countertop, over-the-range, and built-in configurations. DOE
determined that fewer than 1 percent of the available models (1 out of
129) have thermal elements for grilling but no convection capability,
while 16 percent (21 out of 129) are combination units (microwave +
convection and possibly thermal elements). Although DOE does not have
shipment-weighted data regarding the percentage of microwave ovens with
thermal elements for grilling or combination ovens, DOE does not
believe that including microwave ovens with thermal elements only, with
or without further specification of the function of the thermal
elements, would substantially affect the number or scope of covered
products in this rulemaking. DOE proposes to clarify that microwave
ovens with thermal elements only would be considered covered products
under the definition provided in 10 CFR 430.2. Based on DOE's product
literature review for the single available microwave oven with thermal
elements only, DOE believes that the standby and off mode operation for
microwave ovens with thermal elements only does not differ from that of
microwave-only units.
DOE also proposes to clarify that combination microwave ovens
(i.e.,
[[Page 42617]]
microwave ovens that incorporate convection features and possibly other
means of cooking) would be considered covered products under the
regulatory definition in 10 CFR 430.2 because they are capable of
cooking or heating food by means of microwave energy. As a result, DOE
analyzed the features and operation of these products, conducting in-
store surveys and product literature reviews, to determine if
additional testing procedures would be required that differ from the
testing procedures for microwave-only units. DOE recognizes that
combination ovens may have more sophisticated displays and menu
screens, as well as additional features associated with active mode
operation (i.e., fans, heater elements, etc.) that may require larger
power supplies than a microwave-only unit and therefore may consume
more power in standby or off mode. However, based on its preliminary
analysis, DOE believes that the general standby and off mode operation
for combination microwave ovens does not differ from that of microwave-
only units and microwave ovens with thermal elements only. The standby
mode operation for combination microwave ovens, as with other types of
microwave ovens, consists of an energized display with a clock.
This SNOPR does not affect DOE's proposal from the October 2008 TP
NOPR that the test procedure would cover microwave ovens with and
without browning (thermal) elements. However, this SNOPR clarifies what
is meant by a combination oven and revises the proposal to include
microwave ovens that incorporate convection systems as products to
which the test procedures would be applicable. Because DOE tentatively
determines that the operation in standby and off mode for microwave-
only units, microwave ovens with thermal elements only, and combination
microwave ovens is the same, DOE is proposing that the same test
procedure amendments for standby and off mode testing, discussed in the
sections below, be used for all of these product types. DOE welcomes
comment on this determination and whether there are additional standby
and off modes or other product features for each particular type of
microwave oven that would require separate testing procedures.
B. Effective Date for the Test Procedure and Date on Which Use of the
Test Procedure Would Be Required
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. While DOE published a NOPR on October 17,
2008 and subsequently a final rule on April 8, 2009 for the appliance
standards rulemaking, DOE determined it appropriate to consider the
revised IEC Standard 62301 Second Edition, expected in July 2009, in
determining whether to adopt energy conservation standards for the
standby mode and off mode power consumption of microwave ovens. As
noted in section I, DOE was later notified that the revised IEC
Standard 62301 would not be available until late 2010, and determined
to publish today's SNOPR to consider the new mode definitions from the
language in IEC Standard 62301 CDV.
The effective date of the standby and off mode test procedures
would be 30 days after the date of publication in the Federal Register
of any final rule in this test procedures rulemaking. However, DOE's
amended test procedure regulations codified in the CFR would clarify
that the procedures and calculations proposed in today's SNOPR need not
be performed to determine compliance with energy conservation standards
until compliance with any final rule establishing amended energy
conservation standards for microwave ovens in standby mode and off mode
is required. However, the standby mode and off mode energy consumption
test procedures would need to be used by manufacturers for making any
representations on standby and off mode power consumption.
Specifically, clarification would also be provided that, as of 180 days
after publication of any test procedure final rule, any representations
as to the standby mode and off mode energy consumption of the products
that are the subject of this rulemaking would need to be based upon
results generated under the applicable provisions of this test
procedure. (42 U.S.C. 6293(c)(2))
AHAM suggested DOE harmonize its effective date with the 2013
effective date for a 1-Watt (W) standard in other countries (AHAM,
Public Meeting Transcript, No. 7 at p.10), noting that many other
countries are moving to 1-W standby requirements or targets for
reporting, and the European Union (EU) is moving towards manufacturer
self-reporting. AHAM stated that DOE's proposed standards are going to
be one of the most stringent in the world (AHAM, Public Meeting
Transcript, No. 7 at pp. 34-35), and as Europe is on the forefront of
standby power guidelines and clarifications (AHAM, Public Meeting
Transcript, No. 7 at p. 9), DOE must ensure that test procedures are as
thorough and current as possible and capable of harmonization with
international standards. (AHAM, No. 8 at p.1)
AHAM cited deficiencies in the proposed microwave oven test
procedure and suggested that the test procedure be modified and
reviewed based on the original timeline of March 31, 2011, for
incorporation of standby power into kitchen ranges and ovens. This,
AHAM suggested, would ensure that the test procedure is accurate and
consistent across all products and within the international community.
(AHAM, No. 8 at p. 4) GE and Whirlpool agreed with AHAM's comments
regarding the status and condition of the proposed test procedure (GE,
No. 9 at p. 2; Whirlpool, No. 10, at p.1), and Whirlpool also noted
that the EU has promulgated a standard for standby and off mode energy
consumption (1-W standby mode, 0.5-W off mode) using a draft of IEC
Standard 62301, with an effective date of January 2013. Whirlpool
asserted that consumers would benefit from lower product costs if
manufacturers were able to plan for one harmonized effective date for
standards in the United States and Europe. (Whirlpool, No. 10 at p.1)
As noted above, DOE determined it appropriate to consider the
revised IEC Standard 62301 Second Edition, expected in July 2009, in
developing energy conservation standards for microwave oven standby and
off mode power consumption. DOE was later notified that the revised IEC
Standard 62301 would not be available until late-2010 and, therefore,
determined to consider the language from IEC Standard 62301 CDV. DOE
noted that the EU recently enacted the Commission Regulation (EC) No.
1275/2008 of December 17, 2008, implementing design requirements for
standby and off mode power for electrical and electronic household and
office equipment, including microwave ovens. The regulation specifies
the maximum allowable power consumption for standby mode and off mode
with phased effective dates in 2010 and 2013. Although these
international effective dates are not the basis for DOE's energy
conservation standards rulemaking schedule for microwave ovens, DOE's
determination to consider the language from IEC Standard 62301 CDV as
this rulemaking proceeds will result in a methodology and an effective
date which are harmonized to the extent possible with certain
international standby and off mode standards.
GE commented that it could be difficult for manufacturers to meet
the 1-W standard while providing consumer utility, especially for over-
the-range units, which, according to GE,
[[Page 42618]]
cannot use Light Emitting Diode (LED) and Liquid Crystal Display (LCD)
technologies. GE stated that the power consumption of LEDs varies as a
function of what is illuminated, but Vacuum Fluorescent Displays (VFDs)
have the same power draw even when the display is off. (GE, Public
Meeting Transcript, No. 7 at p. 67) DOE plans to address issues
regarding the technological feasibility and economic justification of
proposed energy conservation standards for standby and off mode energy
consumption for microwave ovens as part of the concurrent appliance
standards rulemaking rather than this test procedure rulemaking.
The Joint Comment stated that deferring the microwave oven test
procedure revision until after the finalization of the cooking products
rule will result in the exclusion of subclasses of microwave ovens,
which would imply that States could set efficiency standards for these
products. The Joint Comment further stated that, in this case, some
States may not realize these energy savings until 2020--the earliest
effective date for a subsequent federal cooking products rulemaking--
but cost-effective methods to reduce unnecessary standby consumption
from microwave ovens are more immediately available. (Joint Comment,
No. 11 at p. 2) As discussed above, DOE is considering energy
conservation standards for microwave oven standby mode and off mode
energy consumption in a concurrent rulemaking process.
C. Measures of Energy Consumption
Historically, DOE's microwave oven test procedure provided for the
calculation of several measures of energy consumption, including
cooking efficiency, energy factor (EF), and annual energy consumption,
and DOE's rulemaking analyses have used EF as the energy conservation
metric for microwave ovens.\6\,\7\
---------------------------------------------------------------------------
\6\ As stated previously, DOE published a final rule elsewhere
in today's Federal Register repealing the active mode test procedure
for microwave ovens because of measurement variations incurred
through use of the test procedure.
\7\ DOE previously defined microwave oven EF in 10 CFR 430.23
(i)(2) as the ratio of (Annual Useful Cooking Energy Output/Annual
Total Energy Consumption), which was equivalent to microwave cooking
efficiency (Test Energy Output/Test Energy Consumption).
---------------------------------------------------------------------------
A number of commenters provided input on the integration of standby
and off mode test procedures in response or the October 2008 TP NOPR,
in which DOE proposed separate metrics (average standby mode power
(PSB) in W and average off mode power (POFF) in
W, rather than EF) to measure standby mode and off mode power given the
measurement variability in the active mode test procedure and related
concerns. 73 FR 62134, 62139 (Oct. 17, 2008).
AHAM commented that it is not practical to include standby and off
mode power into a single energy descriptor because standby power is a
substantial fraction of the overall energy use of a microwave oven
(AHAM, No. 8 at pp. 3-4), while the Joint Comment supported DOE's
conclusion for a separate metric. (Joint Comment No. 11 at p. 4)
Whirlpool agreed that, although a combination energy descriptor is
arithmetically possible, such a metric would be illogical and should
not be pursued. (Whirlpool, No. 10 at p. 1) PG&E commented that
microwave ovens do not have high annual energy usage, and that the
range of cooking efficiency between the best and the worst is only 5-7
percent; this implies that cooking efficiency is not a significant
opportunity for regulation, but that standby efficiency is significant.
(PG&E Public Meeting Transcript, No. 7 at p. 41)
ASAP also 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) 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 addressed the issues with the cooking efficiency measurement in
its repeal of the active mode test procedure and notice announcing a
public meeting to discuss the development of new active mode test
procedure published elsewhere in today's Federal Register. DOE also
believes that it is infeasible to specify a food load in the test
procedure at this time. Specification of a food load would require
additional analysis and inputs from interested parties to understand
what a representative food load is and how to ensure consistency in
food properties from test to test. 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. For these reasons, DOE
proposes only to establish the test procedure for microwave ovens to
address standby mode and off mode energy consumption in today's SNOPR.
However, DOE welcomes consumer usage data on representative food loads,
as well as data indicating how changes to the test load would affect
the measured EF and on the repeatability of such test results.
D. Incorporating by Reference IEC Standard 62301 for Measuring Standby
Mode and Off Mode
EPCA, as amended by EISA 2007, requires that DOE consider the most
current versions of IEC Standards 62301 and 62087 when amending test
procedures to include standby mode and off mode energy consumption. (42
U.S.C. 6295(gg)(2)(A))
DOE noted in the October 2008 TP NOPR 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. As discussed in more detail below,
the SNOPR does not affect DOE's proposal of the clauses from sections 4
and 5 of IEC Standard 62301 identified in the October 2008 TP NOPR, but
proposes to incorporate by reference two additional paragraphs in
response to comments. 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. 73 FR 62134, 62139 (Oct. 17,
2008).
In considering IEC Standard 62301, DOE noted that the microwave
oven standby power data that AHAM provided to DOE for the energy
conservation standards rulemaking were based on measurements of standby
power in accordance with IEC Standard 62301, as were the data DOE
gathered in response to interested parties'
[[Page 42619]]
comments on the framework document in that rulemaking. As stated in the
October 2008 TP NOPR, 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 affirm that, with
additional specifications added for test cycle duration and starting
clock time, IEC Standard 62301 appears suitable for inclusion in the
DOE test procedure for that purpose. 73 FR 62134, 62139 (Oct. 17,
2008).
In the October 2008 TP NOPR, DOE also considered harmonization of
test procedures with international standby programs, such as the
International Energy Agency (IEA) ``1-Watt Plan.'' \8\ DOE stated that
it believes that incorporating IEC Standard 62301 into the DOE test
procedure will provide harmonization with most international standards
for standby power in microwave ovens. 73 FR 62134, 62140 (Oct. 17,
2008).
---------------------------------------------------------------------------
\8\ For more information on IEA's ``1-Watt Plan,'' visit http://www.iea.org/textbase/subjectqueries/standby.asp.
---------------------------------------------------------------------------
In the October 2008 TP NOPR, DOE also proposed incorporating
specific clauses from IEC Standard 62301 by reference into the DOE test
procedure for microwave ovens for the measurement of standby and off
mode power. These clauses provide test conditions and testing
procedures for measuring the average standby mode and average off mode
power consumption: 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;
and section 5 of IEC Standard 62301 clarifies the measurement of
standby mode for units with a short-duration higher power state before
a lower power state, and 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). Id. Thus, DOE proposed
incorporating the same clauses from IEC Standard 62301 for measuring
both standby mode and off mode power consumption.
DOE also stated in the October 2008 TP NOPR that it believes that
the proposed amendments to the microwave oven 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. Id.
Finally, DOE recognized that the IEC is developing an updated test
procedure (IEC Standard 62301 Second Edition). As discussed above, DOE
proposed microwave oven test procedure amendments using IEC Standard
62301 First Edition 73 FR 62314, 62140-41 (Oct. 17, 2008). DOE also
stated in the October 2008 TP NOPR that the IEC projected publication
of the new test procedure in July 2009. DOE now understands that the
revised IEC test procedure is not expected to be published until late
2010. For purposes of the EPCA requirement to consider the most current
version of IEC Standard 62301, therefore, DOE considered IEC Standard
62301 First Edition for the October 2008 NOPR and this SNOPR. (42 USC
6295(gg)(20(A).
AHAM supports the inclusion of Section 4 and Section 5 from IEC
Standard 62301 into the measurement of standby power. (AHAM, Public
Meeting Transcript, No. 7 at pp. 52-53), but commented that DOE does
not specify how the microwave oven should be set up during testing.
AHAM also noted that DOE references IEC Standard 62301 Paragraph 5.1
``General'' and Paragraph 5.3 ``Procedure,'' but neglects to reference
Paragraph 5.2 ``Preparation of Appliance or Equipment.'' AHAM asserted
that this step is crucial to a robust procedure, and that DOE should
accept the clarification from IEC Standard 62301, Section 5.2 that
``[t]he appliance shall be tested at factory or `default' settings.
Where there are no indications for such settings, the appliance shall
be tested as supplied.'' (AHAM, No. 8 at p. 3) The Joint Comment
supported this recommendation. (Joint Comment, No. 11 at p. 4) GE also
deemed the October 2008 TP NOPR unclear on how the unit should be set
up for the standby measurement, and reinforced the importance of
harmonizing with IEC Standard 62301. (GE, No. 9 at p. 3)
DOE agrees that incorporating paragraph 5.2, ``Selection and
preparation of appliance or equipment,'' of IEC Standard 62301 provides
clarification to the installation requirements for standby mode and off
mode energy consumption testing. DOE also agrees that paragraph 5.2 of
IEC Standard 62301 provides additional guidance regarding
specifications for test setup that would result in a measure of standby
and off mode energy consumption that best replicates actual consumer
usage. For these reasons, DOE proposes in today's SNOPR to incorporate
by reference paragraph 5.2 of IEC Standard 62301.
PR China underscored the importance of taking into account the
accuracy of the equipment providing electrical supply for testing;
pointing out that IEC Standard 62301 has a provision that the
electrical supply should be 120 volts (V) 1 percent and 60
Hertz (Hz) 1 percent. PR China also noted that, according
to Article 2.4 of the World Trade Organization/Technical Barriers to
Trade Agreement (WTO/TBT Agreement),\9\ members should use existing
technical regulations and international standards as a basis for their
technical regulations. PR China recommended that DOE adopt the same
requirements as those in IEC Standard 62301 or provide reasonable
scientific basis for having different requirements. (PR China, No. 12
at p. 3)
---------------------------------------------------------------------------
\9\ For more information on this agreement, please visit: http://www.wto.org/english/tratop_e/tbt_e/tbtagr_e.htm.
---------------------------------------------------------------------------
DOE notes that section 4.3 of IEC Standard 62301 specifies the
electrical supply requirements, stating that ``where this standard is
referenced by an external standard or regulation that specifies a test
voltage and frequency, the test voltage and frequency so defined. Where
the test voltage and frequency are not defined by an external standard,
the test voltage and test frequency shall be * * *'' 115 V
1 percent and 60 Hz 1 percent for North America. In
addition, section 4.3 of IEC Standard 62301 specifies that some single
phase voltages can be double the nominal voltage specified for that
region, which would result in a voltage requirement of 230V 1 percent for North America. DOE believes that the accuracy of
the electrical supply, including voltage and frequency, specified in
IEC Standard 62301 are generally recognized as suitable for producing
robust standby and off mode power measurements in microwave ovens.
However, DOE conducted a product literature review to analyze the
electrical supply requirements for microwave ovens available on the
U.S. market and determined that all microwave ovens specify a rated
voltage of 120V or 240V (for a small number of combination microwave
ovens) and a frequency of 60 Hertz (Hz). For this reason, DOE proposes
in today's SNOPR to specify electrical supply requirements of 120/240 V
1 percent
[[Page 42620]]
and 60 Hz 1 percent in section 2.2.1 of the DOE microwave
oven test procedure. As noted in section 4.3 of IEC Standard 62301, the
proposed voltage requirement of 120/240 V for standby and off mode
testing would supersede the requirement of 115/230 V specified in IEC
Standard 62301.
As discussed above in section III.A, because DOE has tentatively
concluded that the operation in standby and off mode is the same for
microwave-only units, microwave ovens with thermal elements only, and
combination microwave ovens, DOE is proposing that the same test
procedure amendments for standby and off mode testing discussed in this
section be used for all of these product types.
E. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''
DOE proposed using the EPCA definitions of ``active mode,''
``standby mode,'' and ``off mode'' in the October 2008 TP NOPR. EPCA
defines ``standby mode'' as the condition in which an energy-using
product is connected to a main power source and offers one or more of
the following user-oriented or protective functions: A remote switch
(including remote control), internal sensor, or timer to facilitate the
activation or deactivation of other functions (including active mode;
and 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 is connected to a main power source and 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 is
connected to a main power source, has been activated, and provides one
or more main functions. (42 U.S.C. 6295(gg)(1)(A)(i))
As discussed in the October 2008 TP NOPR, 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.
73 FR 62134, 62141 (Oct. 17, 2008). DOE noted that 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 to trigger re-
energization of these components, would be considered capable of
operation in standby mode but not off mode. DOE additionally noted 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. Id.
AHAM and Whirlpool both stated that DOE's incorporation of the EISA
2007 standby and off mode definitions into the proposed microwave oven
test procedure does not acknowledge the substantial effort and progress
made by the IEC in clarifying these definitions during the past year.
AHAM affirmed that IEC Standard 62301 CD2, even in draft form, should
be included in this rulemaking to ensure that international consistency
in standards and testing is obtained to the greatest extent practical.
AHAM further stated that DOE can clarify the EISA 2007 language using
IEC Standard 62301 CD2, which would result in a stronger, more
consistent test procedure. (AHAM, No. 8 at p. 2; Whirlpool, No. 10 at
p. 2) Whirlpool noted that EISA 2007 (Section 310 (gg)(1)(B)) allows
the Secretary to amend the definitions of standby mode and off mode,
taking into account revisions to IEC Standard 62301, and suggested DOE
adopt IEC Standard 62301 CD2, along with the definitions and examples
proposed by AHAM and Whirlpool, as discussed in section III.E.
(Whirlpool, No. 10 at pp. 2-3) EJ disputed DOE's assumption that it
cannot consider any pending amendments to IEC Standard 62301. (EJ,
Public Meeting Transcript, No. 7 at p. 80) PG&E supports harmonization
with international standards because of the international markets for
these products. (PG&E, Public Meeting Transcript, No. 26 at p. 35) PR
China suggested DOE amend its testing measures in accordance with IEC
Standard 62301 or provide reasonable scientific basis for not doing so,
noting that this is in accordance with Article 2.4 of the TWO/TBT
Agreement. PR China suggested the U.S. government further harmonize
standards in order to facilitate international trade. (PR China, No. 12
at p. 4)
AHAM commented that IEC Standard 62301 CD2 modernizes and clarifies
the definitions for each mode, and proposed that DOE consider
incorporating this language, or the clarifications AHAM provided in its
submitted comments, into the DOE microwave oven test procedure (AHAM,
No. 8 at pp. 2, 4, 5-6) Whirlpool supported the mode definitions and
clarifying examples developed by AHAM members. (Whirlpool, No. 10 at
pp. 2-3) AHAM stated that the industry's premise for this proposal is
harmonization with the international community--in particular, Europe--
on standby power standards. AHAM stated that its proposal utilizes
elements of IEC Standard 62301 CD2 and the European directive published
in June 2008 and provides clarification to EISA 2007 requirements for
microwave ovens. (AHAM, No. 8 at p. 2) AHAM's proposed definitions
include:
Off Mode
Off mode describes the status of an appliance when it is connected
to the main electricity supply and is not providing any function. Off
mode may persist for an indefinite period of time.
Off Mode includes:
1. LED or some other indication of off mode condition;
2. Electric noise reduction capacitor, choke or filter;
3. The state where a one-way remote control device will turn the
product off, but cannot be used to activate the product;
4. Leakage current will occur in some appliances, and may include
voltage and current flow in 208/230 volt appliances where only one leg
of the line is isolated by the switch;
5. May include electrical energy flow to a primary transformer of
some electronics units.
Standby Mode
Standby mode describes the status of an appliance when it is
connected to the mains electricity supply and is not performing its
primary function, but is providing a consumer or protective function as
defined by the manufacturer's instructions. Standby mode for an
appliance is the power (wattage) consumed after it has been
automatically or manually placed in Standby mode and allowed to
stabilize. Standby mode may persist for an indefinite period of time.
Standby mode may allow activation of other modes by local or remote
switch.
Standby Mode includes continuous subsidiary functions such as:
1. Continuous time of day displays at the lowest power state
selectable by the user;
2. Power required to perform two-way consumer convenience remote
control operation;
3. Sensor maintenance power (keeping sensors warm) at the lowest
power state selectable by the user;
4. Low voltage power supplies for controls, switches, memories and
clocks.
Active Mode
Active mode describes the state of an appliance when it is
connected to the main electricity supply and is providing
[[Page 42621]]
one or more of the primary functions required of it by the consumer in
accordance with the manufacturer's instructions. Active modes may or
may not persist for an indefinite period of time, but must be initially
activated by the consumer.
Active Mode includes:
1. Washing or drying clothing; heating, cooking or warming food;
heating or cooling air; heating or cooling water; cleaning, drying, or
warming dishes; disposing of food; compacting trash; dehumidifying,
vacuuming, brewing coffee, ironing clothes, toasting bread, or any
other traditional task expected of a home appliance.
2. Preparing to start a cycle or appliance program while in a delay
start or a timed control format when required;
3. Waiting for a resume signal when in a ``pause'' mode in the
midst of a program or cycle;
4. Receiving or searching for signals from power or utilities
companies as part of an energy management or demand management system;
5. Cycling heaters or other components based upon input from time,
temperature, or other internal, or external control sensors;
6. Maintaining a temperature or condition;
7. Providing lighting, or ventilation when required by the consumer
or as a result of an action. [This includes night lights, over the
range (over-the-range) microwave oven lights, dryer drum lights, etc.]
8. Continuous protective (safety) functions (e.g. water leakage
detectors).
9. Actively completing safety or reliability functions such as
removing residual heat from controls or ovens, automatic fans used to
protect over-the-range microwave ovens from cooktop heat, cleaning
filters, etc. [These functions are considered active in that they are a
result of the requirements placed upon the appliance by the consumer.]
(AHAM, No. 8 at pp. 5-6)
The Joint Comment supported DOE's proposal in the October 2008 TP
NOPR to use the EPCA definitions of active mode, off mode, and standby
mode for the microwave oven test procedure, noting that these
definitions were enacted the previous year with the explicit support of
AHAM and efficiency advocates, and opposed AHAM's proposed definitions
and clarifications. The Joint Comment stated that the revisions
proposed by AHAM constitute a significant re-write of the statutory
scheme, with an apparent bias toward redefining standby functions as
off mode functions or active mode functions. (Joint Comment, No. 11 at
pp. 2-3) According to the Joint Comment:
1. An LED display light and the power drawn to enable a remote
control device to turn the product off are both standby functions
rather than off mode functions.
2. The components of a protective function, such as controlling
electronic noise, fall within the statutory definition of standby mode,
rather than off mode.
3. The continuous protective functions and the search for utility
demand management signals to resume activity, both proposed by AHAM as
active mode functions, are more properly considered standby functions
under the statute. Id.
The Joint Comment stated that designating power consuming
activities as off mode rather than standby mode for reasons of
harmonization is problematic in this rulemaking because DOE has
proposed an efficiency standard for microwave oven standby power
without concurrently proposing a standard for off mode power. The Joint
Comment also stated that the lack of an off mode efficiency standard
invites gaming the standby standard, a process that it believes will
gain significant traction if the AHAM recommendations for modified
definitions are accepted. The Joint Comment also stated that AHAM's
language qualifying that the continuous time of day displays and sensor
maintenance power should be measured at the lowest power state
selectable by the user is not required by statute and should not be
accepted by DOE. (Joint Comment, No. 11 at pp. 3-4)
In response to the Joint Comment as it relates to the test
procedure rulemaking and as discussed in section I, after the October
2008 TP NOPR was published, DOE determined it appropriate to consider
IEC Standard 62301 Second Edition in developing the test procedure for
standby and off mode. DOE anticipated, based on review of drafts of the
updated IEC Standard 62301, that the revisions could include different
mode definitions. At that time, the revised standard was expected in
July 2009. Later, however, DOE received information that IEC Standard
62301 Second Edition would not be available until late 2010. As a
result, DOE decided to publish today's SNOPR to consider the new mode
definitions from the latest draft version, IEC Standard 62301 CDV.
DOE believes the definitions of standby mode, off mode, and active
mode provided in IEC Standard 62301 CDV expand upon the EPCA mode
definitions and provide additional guidance as to what functions are
associated with each mode. DOE also believes that the comments received
by IEC on IEC Standard 62301 CD2, and the resulting amended mode
definitions proposed in IEC Standard 62301 CDV, demonstrate significant
participation of interested parties in the development of the best
possible definitions. For these reasons, in today's SNOPR DOE is
proposing definitions of standby mode, off mode, and active mode based
on the definitions provided in IEC Standard 62301 CDV. DOE believes
that the mode definitions in the draft versions of IEC Standard 62301
Second Edition represent a substantial improvement over those in IEC
Standard 62301, and represent the best available definitions at this
time as confirmed by the review and inputs from interested parties as
part of the IEC rulemaking process. For the reasons discussed in
section III.A, DOE believes that the proposed definitions of standby,
off, and active mode in today's SNOPR would be applied to microwave-
only units, microwave ovens with thermal elements only, and combination
microwave ovens. DOE will address standards for standby mode and off
mode energy use in a separate energy conservation standards rulemaking,
as discussed in section I.
DOE is proposing in today's SNOPR to define ``standby mode'' as the
condition in which an energy-using product is connected to a mains
power source and offers one or more of the following user oriented or
protective functions which may persist for an indefinite time: \10\ a
remote switch (including remote control), internal sensor, or timer to
facilitate the activation of other modes (including activation or
deactivation of active mode); and continuous functions, including
information or status displays (including clocks) or sensor-based
functions.
---------------------------------------------------------------------------
\10\ The actual language for the standby mode definition in IEC
Standard 62301 CDV describes ``* * * user oriented or protective
functions which usually persist'' rather than ``* * * user oriented
or protective functions which may persist for an indefinite time.''
DOE notes, however, that section 5.1 of IEC Standard 62301 CDV
states that ``a mode is considered persistent where the power level
is constant or where there are several power levels that occur in a
regular sequence for an indefinite period of time.'' DOE believes
that the proposed language, which was originally included in IEC
Standard 62301 CD2, encompasses the possible scenarios foreseen by
section 5.1 of IEC Standard 62301 CDV without unnecessary
specificity.
---------------------------------------------------------------------------
DOE is proposing an additional clarification for standby mode that
continuous clock functions include a timer that operates continuously,
provides regular scheduled tasks (e.g. switching), and may or may not
be
[[Page 42622]]
associated with a display. This definition was developed based on the
definitions provided in IEC Standard 62301 CDV, and expands upon the
EPCA mode definitions to provide additional clarifications as to which
functions are associated with each mode. Under this definition of
standby mode, remote controls and low voltage power supplies for
controls, switches, memories and clocks would be considered as
operating in standby mode. DOE believes that a requirement for
measuring standby power at ``the lowest power state selectable by the
user'' is inconsistent with the proposed conditions for measuring
standby mode because such a provision would potentially require the
device to be operated at settings other than the ``factory or `default'
settings'' specified for testing in paragraph 5.2 of IEC Standard
62301. Therefore, DOE does not intend to incorporate such a provision
in the definition of standby mode.
DOE is proposing to define off mode as the condition in which the
energy-using product is connected to a mains power source, is not
providing any active or standby mode function, and may persist for an
indefinite time.\11\ Off mode would also include an indicator that
shows the user only that the product is in the off position.
---------------------------------------------------------------------------
\11\ As with the definition for standby mode, IEC Standard 62301
CDV qualifies off mode as one that ``* * * usually persists'' rather
than one that ``* * * may persist for an indefinite time.'' For the
same reasons as discussed for standby mode, DOE is proposing the
latter definition. In addition, the off mode definition in IEC
Standard 62301 states it is not providing a network mode function.
Since DOE is unaware of any microwave oven that incorporates a
network function, such as reactivation via network command or
network integrity communication, it is not proposing to include this
language in the definition of off mode in today's SNOPR.
---------------------------------------------------------------------------
Under this proposed definition, an energized LED or other
indication that shows the user only that the product is in the off
position would be considered part of off mode, provided that no other
standby or active mode functions are energized. However, if any energy
is consumed by the appliance in the presence of a one-way remote
control, the unit would be considered to be operating in standby mode
because the remote control would be used to deactivate other mode(s).
Electrical leakage and any energy consumed for electrical noise
reduction, which are not specifically categorized as standby power
functions, would be indicative of off mode.
Whirlpool commented that the addition of off mode to the proposed
rule is necessary to ensure that all power consumption is properly
accounted for (Whirlpool, No. 10 at p. 2), and questioned the need to
differentiate between an electromechanical control versus a manual
operation that puts the microwave oven into off mode, because power may
not be consumed by either option. (Whirlpool, Public Meeting
Transcript, No. 7 at pp. 57-58) PG&E noted that there may be some small
power demand in the off mode, and commented that if the power demand
were zero because the electromechanical control was receiving no power,
then the appliance would technically be in the disconnected mode and
not the off mode. PG&E subsequently noted that there is no clear
distinction between off mode and disconnected mode, especially in
situations where a device is equipped with a manual on/off switch.
(PG&E, Public Meeting Transcript, Notice, No. 7 at pp. 58-59)
ASAP stated that DOE's definition of off-mode is stretching the
interpretation of the statutory language, and did not agree that zero
power (e.g. plugged in but turned off with a switch) would necessarily
indicate disconnected mode rather than off mode. ASAP asserted that the
language regarding off mode was placed into law to clarify definitions
for consumers and manufacturers, and to facilitate DOE in setting
standards for products that were not off when consumers thought they
were off. (ASAP, Public Meeting Transcript, No. 7 at pp. 60-61)
Additionally, ASAP inquired whether it is correct that testing is
required for a device with off mode capability even though there is no
reporting requirement or standard. (ASAP, Public Meeting Transcript,
No. 7 at pp. 77-79)
The Joint Comment further stated that the October 2008 TP NOPR
erred in stating that a microwave oven with a manual power on/off
switch would not be in off mode when the switch was in the off position
because the switch's physical gap to the main power supply has
interrupted the electrical connection. The Joint Comment asserted that
this interpretation is not required by law, which only refers to a
product ``connected to a main power source'', and term ``connected''
should be satisfied by the product being plugged into a power source.
(Joint Comment, No. 11 at p. 2) The Joint Comment noted that the
significance of distinguishing the off mode is limited in the test
procedure rulemaking, but more important in the efficiency standard
rulemakings that address off mode. The Joint Comment also stated that
products with hard-off switches should be accounted for in the off mode
condition, and such a design option would allow consumers to reduce
energy use and increase their overall energy savings. According to the
Joint Comment, DOE's ``mischaracterization'' of the off-mode definition
will discourage manufacturers from reintroducing mechanical switches
that could reduce or eliminate off-mode power consumption from their
products. (Joint Comment, No. 11 at p. 3)
DOE examined the issue of how to classify a microwave oven that is
plugged in to the main power supply but is not consuming energy due to
the presence of an on/off switch. DOE first reviewed the discussion
provided in annex A of IEC Standard 62301 CDV; according to section
A.2, disconnected mode is included as a mode definition because many
products are removed by users from mains power sources for substantial
periods of time. DOE interprets this condition to refer to the power
cord being unplugged from the power source. Section A.2 further states
that ``[a] product may have several off modes or it may have no off
mode. Switches on products that are labeled as power, on/off or standby
may not reflect the mode classification based on the actual functions
active in that mode.'' Although this statement does not definitively
establish a means by which to treat the presence of a power or on/off
switch, DOE infers it to mean that products equipped with such switches
can operate in off or standby mode(s), depending on what components may
remain energized with the switch in the ``off'' position. However, this
discussion is silent on whether activation of an on/off switch can
place the product in disconnected mode. Considering section A.2 in
total, DOE concludes that disconnected mode for microwave ovens would
be associated only with the removal of the power cord from the power
source. Based on this review and acknowledging that classification of
an on/off switch as operating in off mode in the absence of other
energy use associated with standby mode would encourage manufacturers
to provide such an energy-saving feature, DOE revises its determination
proposed in the October 2008 TP NOPR and tentatively concludes that
zero energy consumption due to activation of an on/off switch would be
indicative of off mode rather than a disconnected mode.
In response to ASAPs question of whether testing would be required
for a device with off mode capability even though there is no reporting
requirement or standard, DOE notes, as discussed in section III.B, that
any representations as to the standby and off
[[Page 42623]]
mode energy consumption for microwave ovens would need to be based upon
results generated under the applicable provisions of this test
procedure.
Finally, DOE is proposing to define active mode as the condition in
which the energy-using product ``is connected to a mains power source,
has been activated, and provides one or more main functions,'' with the
additional clarification that ``delay start mode is a one off user
initiated short duration function that is associated with an active
mode.'' DOE notes that IEC Standard 62301 CD2 provided additional
clarification that ``delay start mode is a one off user initiated short
duration function that is associated with an active mode.'' IEC
Standard 62301 CDV eliminated this clarification; however, in response
to comments on IEC Standard 62301 CD2 that led to IEC Standard 62301
CDV, IEC stated that delay start mode is a ``one-off'' function of
limited duration, which suggests that IEC does not consider it as part
of standby mode although no conclusion is made as to whether it would
be considered part of active mode.
DOE is tentatively proposing to consider delay start mode as part
of active mode because it is a condition of finite duration that is
user-initiated and uniquely associated with a cooking cycle. DOE
determined that cooking or warming of food would be considered active
mode functions as well. DOE does not believe that it has sufficient
information on the remainder of the conditions specified by AHAM as
part of active mode for microwave ovens to determine whether the
conditions should be classified as such under the proposed definition
of active mode. However, DOE believes that many of these functions may
not persist for an indefinite time and, therefore, would not be
considered part of standby mode or off mode. DOE invites information
and comments on specific functions that would be associated with
microwave oven active mode.
DOE also notes that section 3.9 of IEC Standard 62301 CDV defines
disconnected mode, as ``the status in which all connections to mains
power sources of the energy using product are removed or interrupted.''
IEC Standard 62301 CDV also adds a note that common terms such as
``unplugged'' or ``cut off from mains'' also describe this mode, and
that this mode is not part of the low power mode category. DOE believes
that there would be no energy use in a ``disconnected mode,'' and
therefore is not proposing a definition or testing methods for such a
mode in the DOE test procedure for microwave ovens.
F. Specifications for the Test Methods and Measurements for Microwave
Oven Standby Mode and Off Mode Testing
DOE noted in the October 2008 TP NOPR that, 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 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.'' 73 FR 62134, 62141 (Oct. 17, 2008). For
the October 2008 TP NOPR, 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 led it
to propose the test period in cases in which the power is not stable as
``a 12-hour 30-second period'' to assure comparable and
valid results. Id.
AHAM and Whirlpool agreed with DOE's conclusion that a 12-hour test
period would measure all possible configurations for a 12-hour clock,
but commented that such an approach is impractical and costly and would
be a constraint on resources, including laboratory space and time.
(Whirlpool, Public Meeting Transcript, No. 7 at pp. 70-71; AHAM, Public
Meeting Transcript, No. 7 at pp. 69-70) Whirlpool commented that
running a 12-hour test would be a huge drain on facilities and would
require substantial investment to expand those facilities, adding that
their testing is done on the production line in order to assure product
quality. (Whirlpool, Public Meeting Transcript, No. 7 at pp. 70-71)
AHAM and Whirlpool commented that the test period of 12 hours 30 seconds should only apply to displays where the power
consumption varies within the number of segments lit, such as LEDs.
(Whirlpool, No. 10 at p. 3; AHAM, No. 8 at p. 3) ASAP also questioned
if the 12-hour test would be required for all units, or whether it
would just be for units with LED displays. (ASAP, Public Meeting
Transcript, No. 7 at pp. 74-45) ASAP requested responses from
manufacturers about the difficulty in obtaining a representative
standby power measurement due to the clock start time, and asked if it
is possible to use a shorter interval that could be multiplied to
obtain the equivalent of a 12-hour measurement. (ASAP, Public Meeting
Transcript, No. 7 at p. 72)
AHAM and Whirlpool also disagreed with DOE's statement that the
proposed test procedure ``obviates the need for a specific starting
time, which could not be ensured for microwave ovens that have an
automatic power-down feature.'' AHAM and Whirlpool commented that IEC
Standard 62301 states that a product's standby power should be measured
in its low power state, so if a display powers down, then the microwave
oven should be allowed to stabilize until the unit powers down, and
then standby power is measured. AHAM and Whirlpool stated that the
benefit of a 12-hour test is unclear, as there is no need to capture
power usage during the power down mode. (AHAM, No. 8 at p. 3;
Whirlpool, No. 10 at p. 4) AHAM also commented that if a microwave oven
powers down, the display would no longer be powered, so the starting
clock time does not matter. (AHAM, Public Meeting Transcript, No. 7 at
p. 69)
The Joint Comment responded to AHAM's comments, stating that since
there is no assurance regarding the length of time a unit with power
down capability might require to power down to a stable state, the
Joint Comment supports DOE's approach of a 12-hour test period, which
would more realistically capture standby energy use by measuring the
energy consumed in standby both before and after the device powers
down. The Joint Comment also stated that it is open to considering a
shorter test cycle as long as comparative testing shows that energy use
is the same. Absent such testing, The Joint Comment supports DOE's
proposal for a 12 hour 30 second test period where the
unit's power consumption is not stable. (Joint Comment, No. 11 at p. 4)
Whirlpool and AHAM stated that the number of segments of 7-segment
LEDs lit over 12 hours can be averaged, and there are 10-minute periods
that are representative of the 12-hour cycle, which DOE should consider
using instead of the 12-hour cycle. Whirlpool added that using these
10-minute periods would yield the same results as taking a 12-hour
average, but would be much faster. (Whirlpool, Public Meeting
Transcript, No. 7 at pp. 72-73; AHAM, Public Meeting Transcript, No. 7
at p. 69) GE supported a 10-minute test for establishing a baseline,
and agreed that a 12-hour test of three of each model is
[[Page 42624]]
difficult. (GE, Public Meeting Transcript, No. 7 at pp. 71-72) AHAM and
Whirlpool proposed the following method for determining standby power
on a unit with a display:
If the appliance has a clock that is displayed in Standby Mode and
the clock does not result in any power fluctuations, standby power will
be measured for at least 10 minutes. If the appliance has a clock that
is displayed in Standby Mode and changes in the display segments
affects the power measurements, the clock will be set to allow the
testing to begin at 3:33 and the unit stabilized as specified above.
Average or accumulated energy (based on Section 5.3.2 of IEC 62301 2007
CD2, see below) will be measured from 3:33 through 3:42 (10 full
minutes) following the general conditions for measurement outlined in
Section 4 of IEC 62301 Ed.2 CD2. This specific 10 minute interval
provides the same average number of display segments as a 12-hour
measurement period (14.6). (AHAM, No. 8 at p. 3; Whirlpool, No. 10 at
p. 4)
ASAP suggested setting the clock at 1:11 for the standby power
test. (ASAP, Public Meeting Transcript, No. 7 at p. 68) As noted above,
the Joint Comment stated that it is open to considering a shorter test
cycle as long as comparative testing shows that energy use is the same,
and absent such testing, the Joint Comment supports DOE's proposal for
a 12 hour 30 second test period where the unit's power
consumption is not stable. (Joint Comment, No. 11 at p. 4)
DOE investigated tests method to determine standby power over a
shorter period than 12 hours. DOE first evaluated using 18 different
clock display times to produce a standby power measurement
representative of a 12-hour cycle, as discussed in appendix 5B of the
November 2007 ANOPR technical support document (TSD). Using this
method, the standby power consumption and line voltage are measured as
the clock is cycled through all the possible digit combinations (in
terms of active elements) and then a regression analysis is performed
to quantify the impact of the number of lit elements (by digit) and
voltage on power consumption. The results were then integrated across
the number of minutes that each active element combination is ``on''
through the course of the 12 hours. As noted in chapter 5 of the
November 2007 ANOPR TSD, the results for average standby power
consumption using the methodology described above produced results that
were within 1 to 2 percent of the 12 hour test results.
For this SNOPR, DOE also investigated whether a single 10-minute
measurement period with a starting clock time of 3:33, as suggested by
AHAM and Whirlpool, would be a reasonable proxy for the 12-hour standby
power measurement in the event that power consumption is not stable.
DOE analysis indicates that the proportion of time that each possible
number of segments in a 7-segment LED display that are lit over the 10-
minute time period from 3:33 to 3:42 is representative of the
distribution of lit segments over a 12-hour period with an arbitrary
starting time. This suggests that the 10-minute test period starting at
3:33 would produce average standby power measurements that are
comparable to average standby power measured over 12 hours. Table 1
shows the comparison of average standby power measured for 11 units in
DOE's microwave oven test sample using the 18-point, and 10-minute
methodologies as compared to the 12-hour test.
Table 1--Comparison of Methodologies for Measuring Microwave Oven Standby Power
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-Hour Method 18-Point Method 10-Minute Method
---------------------------------------------------------------------
Test Unit Display type Standby Standby Percent Standby Percent
watts\*\ watts* difference watts* difference
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................. LCD.............................. 1.567 1.552 -0.99 1.592 1.60
2.............................................. LCD.............................. 1.571 1.560 -0.70 1.554 -1.08
3.............................................. LCD.............................. 1.812 1.812 0.03 1.801 -0.61
4.............................................. LCD.............................. 1.490 1.475 -0.96 1.492 0.17
5.............................................. LCD.............................. 1.859 1.847 -0.60 1.874 0.84
6.............................................. LCD.............................. 3.788 3.798 0.26 3.818 0.81
7.............................................. LCD.............................. 3.641 3.642 0.04 3.606 -0.95
8.............................................. LED.............................. 1.802 1.796 -0.35 1.797 -0.32
9.............................................. LED.............................. 1.825 1.820 -0.25 1.816 -0.47
10............................................. LED.............................. 3.185 3.177 -0.27 3.290 **3.28
11............................................. VFD.............................. 5.600 5.611 0.20 5.607 0.13
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Standby power measurements are scaled to normalize the supply power to 120.0 volts.
** For this test, the supply power was significantly different than 120.0 volts. Therefore, DOE believes the scaling of the measured standby power and
thus the percentage difference from the 12-hour standby power measurement are not valid.
Within DOE's limited test sample, the average standby power
measured over the specified 10-minute test period agrees within 2
percent with average standby power measured over 12 hours. Therefore,
DOE tentatively concludes that a 10-minute measurement period with a
starting time of 3:33 provides a valid measure of standby energy use
for those microwave ovens with power consumption varying according to
the time displayed on the clock. DOE proposes in today's SNOPR to
specify that, for microwave ovens for which standby power consumption
is not stable, the clock display shall be set at 3:33 at the conclusion
of the stabilization period and the test period shall be 10 minutes.
DOE recognizes that both the 18-point and 10-minute approaches for
accelerated standby testing offer the possibility that a microwave oven
could be programmed to alter its behavior when such a test is detected
in order to minimize measured standby power consumption. For example, a
microwave oven could be programmed to turn off its cooking sensors and/
or dim its display only during the display times associated with the 18
measurement points or between display times 3:33 and 3:42.
DOE notes that the microwave oven test procedure is designed to
provide a measurement consistent with representative average consumer
use of the product, even if the test conditions and/or procedures may
not themselves all be representative of average consumer use (e.g. a
display of only 3:33 to 3:42). DOE's proposal reflects the statutory
requirement, and the Department's longstanding view, that the overall
objective of the test
[[Page 42625]]
procedure is to measure the product's energy consumption during a
representative average use cycle or period of use. 42 U.S.C.
6293(b)(3). Further, the test procedure requires specific conditions
during testing that are designed to ensure repeatability while avoiding
excessive testing burdens. Although certain test conditions specified
in the test procedure may deviate from representative use, such
deviations are carefully designed and circumscribed in order to attain
an overall calculated measurement of the energy consumption during
representative use. Thus, it is--and has always been--DOE's view that
products should not be designed such that the energy consumption drops
during test condition settings in ways that would bias the overall
measurement to make it unrepresentative of average consumer use. DOE
proposes to address this issue through this test procedure and related
certification requirements. Accordingly, DOE's proposed language both
(1) makes explicit in the regulatory text the Department's long held
interpretation that the purpose of the test procedure is to measure
representative use and (2) proposes a specific mechanism--the waiver
process--as a mandatory requirement for all products for which the test
procedure would not properly capture the energy consumption during
representative use.
DOE seeks comment on this proposed language to address products
equipped with controls or other features that modify the operation of
energy-using components during testing. The language does not identify
specific product characteristics that could make the test procedure
unsuitable for testing certain products (e.g. modification of operation
based on display time) but rather describes such characteristics
generally, in order to assure that the language can apply to any
potential features that would yield measurements unrepresentative of
the product's energy consumption during a representative use cycle.
Regarding test burden, DOE believes that the number of units to be
tested according to the sampling requirements in 10 CFR 430.24(i) is
reasonable and, with a 5-minute stabilization period and a 5-minute or
10-minute test time depending on whether the standby power consumption
is stable, would not substantially add to manufacturer test burden and
would allow manufacturers that conduct testing on the production line
in order to assure product quality to continue to do so.
G. Other Issues
DOE proposed in the October 2008 TP NOPR to change the value of a
conversion factor, used in the microwave oven active mode calculations
to correct an erroneous value. 73 FR 62134, 62141-42 (Oct. 17, 2008).
AHAM and Whirlpool supported DOE's proposed technical correction to the
conversion factor. (AHAM, No. 8 at p. 4; Whirlpool, No. 10 at p. 4)
Because the active mode provisions were removed from the microwave oven
test procedure in the final rule published elsewhere in today's
Federal Register, the need for the technical correction is obviated and
no such amendments are proposed in today's SNOPR.
H. Compliance With Other EPCA Requirements
Section 323(b)(3) of EPCA requires that test procedures 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.
Test procedures must also not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
DOE stated in the October 2008 TP NOPR that it 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. DOE also noted that 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 determined in the October 2008 TP NOPR 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).
DOE also stated that the test methods and equipment that the amendments
would require for measuring standby power in microwave ovens do not
differ substantially from the test methods and equipment in the then-
current DOE test procedure for measuring microwave oven cooking
efficiency, and therefore manufacturers would not be required to make a
major investment in test facilities and new equipment. For these
reasons, DOE concluded in the October 2008 TP NOPR 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. 73 FR 62134, 62142 (Oct. 17,
2008).
For similar reasons to those stated above, the proposed amendments
in today's SNOPR to measure the standby and off mode power consumption
of microwave ovens would also not require manufacturers to make major
investments in test facilities and new equipment and would not be
unduly burdensome to conduct. In addition, today's SNOPR proposes a
significantly shorter test duration than the 12 hours that was proposed
in the October 2008 TP NOPR.
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.
In conducting this review, DOE first determined the potential
number of affected small entities. The Small Business Administration
(SBA) considers an entity to be a small business if, together with its
affiliates, it
[[Page 42626]]
employs fewer than the threshold number of workers specified in 13 CFR
part 121 according to the North American Industry Classification System
(NAICS) codes. The SBA's Table of Size Standards is available at:
http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. The threshold number for NAICS classification
335221, Household cooking appliance manufacturers, which includes
microwave oven manufacturers, is 750 employees. DOE surveyed the AHAM
member directory to identify manufacturers of microwave ovens. In
addition, as part of the appliance standards rulemaking, DOE asked
interested parties and AHAM representatives within the microwave oven
industry if they were aware of any small business manufacturers. DOE
consulted publicly available data, purchased company reports from
sources such as Dun & Bradstreet, and contacted manufacturers, where
needed, to determine if they meet the SBA's definition of a small
business manufacturing facility and have their manufacturing facilities
located within the United States. Based on this analysis, DOE
understands that only multinational companies with more than 750
employees, and their wholly owned subsidiaries, exist in this industry.
As a result, DOE does not expect any small businesses to be impacted by
the proposed rule.
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 seeks
comment on this certification and 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 rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) which has been approved by OMB
under control number 1910-1400. Public reporting burden for compliance
reporting for energy and water conservation standards is estimated to
average 30 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to DOE (see ADDRESSES) and by e-
mail to [email protected].
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
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 10 CFR part 1021, subpart D, paragraph A5. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
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 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.
EPCA governs and prescribes Federal preemption of State regulations as
to the test procedures that are the subject of today's proposed rule.
States can petition DOE for a waiver of such preemption to the extent,
and based on criteria, set forth in EPCA. (42 U.S.C. 6297) 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 proposed 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
[[Page 42627]]
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 SNOPR 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. The
Administrator of OIRA also did not designate the proposed 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.
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 SNOPR. 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 SNOPR 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
[email protected]. 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.
[[Page 42628]]
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting, 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 SNOPR. 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. Interested parties 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:
1. Covered Products
DOE invites comment on the proposal to clarify the definition of a
``microwave oven'' provided in 10 CFR 430.2 to cover microwave ovens
with or without thermal elements designed for surface browning of food
as well as combination microwave ovens (i.e., microwave ovens that
incorporate convection features and possibly other cooking means). DOE
also welcomes comment on the proposal that the same testing procedures
and calculations can be applied to each of these types of microwave
ovens, and whether there are additional standby and off modes or other
product features for each particular type of microwave oven that would
require separate testing procedures. (See Section III.A.)
2. Cooking Efficiency Test Load
DOE welcomes comment on test procedures and methods for the active
mode cooking efficiency that address the concerns with repeatability
and consistency of test results. DOE also welcomes consumer usage data
on representative food loads, as well as data indicating how changes to
the test load would affect the measured EF and on the repeatability of
such test results. DOE will consider such information in its separate
rulemaking to develop new methods of measuring microwave oven active
mode cooking efficiency. (See section III.C.)
3. 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.
4. Mode Definitions
DOE seeks comment on its proposed definitions of standby mode, off
mode, and active mode, which are based on the language in IEC Standard
62301 CDV. DOE also seeks comment on specific functions that would be
classified as standby, off, and active modes. (See section III.E.)
5. Test Cycle
DOE seeks comment on its proposed clarification to IEC Standard
62301, in which DOE specifies a test period of 10 minutes with an
initial clock display time of 3:33 for microwave ovens for which the
measured power is not stable, and the test burden associated with such
testing requirements. (See section III.F.)
6. Test Procedure Waivers for Products for Which Test Measurements Are
Not Representative
DOE seeks comment on the proposed language requiring petition for
waivers to address products equipped with controls or other features
that modify the operation of energy using components during the energy
test. DOE seeks comment on whether more specific definition could or
should be provided to define either the product characteristics that
would make the test procedure unsuitable for use or to define
representative average use. (See section III.F.)
[[Page 42629]]
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 Supplemental
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 July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend part
430 of chapter II of title 10, Code of Federal Regulations, 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 430.2 is amended by revising the definition for
``Microwave oven'' to read as follows:
* * * * *
Microwave oven means a class of kitchen ranges and ovens comprised
of household cooking appliances consisting of a compartment designed to
cook or heat food by means of microwave energy, including microwave
ovens with or without thermal elements designed for surface browning of
food and combination ovens.
* * * * *
3. Section 430.23 is amended by adding paragraph (i)(13) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
(i) * * *
(13) The energy test procedure is designed to provide a measurement
consistent with representative average consumer use of the product,
even if the test conditions and/or procedures may not themselves all be
representative of average consumer use (e.g. specified display times).
If (1) a product contains energy consuming components that operate
differently during the prescribed testing than they would during
representative average consumer use and (2) applying the prescribed
test to that product would evaluate it in a manner that is
unrepresentative of its true energy consumption (thereby providing
materially inaccurate comparative data), the prescribed procedure may
not be used. Examples of products that cannot be tested using the
prescribed test procedure include those products that can exhibit
operating parameters (e.g. display wattage) for any energy using
component that are not predictably varying functions of operating
conditions or control inputs--such as when a display is automatically
dimmed when test conditions or test settings are reached. A
manufacturer wishing to test such a product must obtain a waiver in
accordance with the relevant provisions of 10 CFR part 430.
* * * * *
4. Appendix I to Subpart B of Part 430 is amended:
a. By adding a note after the heading;
b. In section 1. Definitions, by:
1. Redesignating sections 1.1 through 1.4 as sections 1.2 through
1.5;
2. Redesignating section 1.5 as section 1.7;
3. Redesignating sections 1.6 through 1.8 as sections 1.9 through
1.11;
4. Redesignating sections 1.9 and 1.10 as sections 1.14 and 1.13,
respectively;
5. Adding new sections 1.1, 1.6, 1.8, and 1.12;
c. In section 2. Test Conditions, by:
1. Revising sections 2.1.3, 2.2.1, 2.5, and 2.6;
2. Adding new sections 2.2.1.1, 2.2.1.2, and 2.9.1.3; and
d. In section 3. Test Methods and Measurements, by revising
sections 3.1.1, 3.1.1.1, 3.1.2, 3.1.3, 3.1.3.1, 3.2.3, and 3.3.13.
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
Note: All representations related to standby mode and off mode
energy consumption of microwave ovens made after [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF THE TEST PROCEDURE FINAL RULE IN THE
FEDERAL REGISTER] must be based on results generated under this test
procedure (i.e., sections 2.1.3, 2.2.1, 2.5, 2.9.1.3, 3.1.3, 3.2.3,
and 3.3.13 of this appendix I). Determination of compliance with any
energy conservation standard for standby and off mode made after
[DATE 3 YEARS AFTER DATE OF PUBLICATION OF ANY MICROWAVE OVEN
STANDARDS FINAL RULE] must also be based on results generated under
this test procedure.
* * * * *
1. Definitions
* * * * *
1.1 Active mode means the condition in which a microwave oven is
connected to a mains power source, has been activated, and provides
one or more main functions. Delay start mode is a one off user-
initiated short duration function that is associated with an active
mode.
* * * * *
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. (Incorporated by reference, see Sec.
430.3)
* * * * *
1.8 Off mode means the condition in which a microwave oven is
connected to a mains power source and is not providing any standby
mode or active mode function and where the mode may persist for an
indefinite time.
* * * * *
1.12 Standby mode the condition in which a microwave oven is
connected to a mains power source and offers one or more of the
following user-oriented or protective functions which may persist
for an indefinite time: (1) To facilitate the activation of other
modes (including activation or deactivation of 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. A timer is a
continuous clock function (which may or may not be associated with a
display) that provides regular scheduled tasks (e.g. switching) and
that operates on a continuous basis.
* * * * *
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. The
microwave oven shall also be installed in accordance with Section 5,
Paragraph 5.2 of IEC 62301 (incorporated by reference; see Sec.
430.3). A watt meter shall be installed in the circuit and shall be
as described in Section 2.9.1.3.
* * * * *
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, maintain the electrical supply to the microwave oven at
120/240 volts and 60 hertz. Maintain the electrical supply for
microwave oven testing within 1 percent of the specified voltage and
frequency.
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
[[Page 42630]]
62301 (incorporated by reference; see Sec. 430.3).
* * * * *
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 4.2 of IEC
62301 (incorporated by reference; see Sec. 430.3) for microwave
ovens, 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 1.7, 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.
* * * * *
2.9.1.3 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 (incorporated by
reference; see Sec. 430.3). The watt meter shall also be able to
record a ``true'' average power as specified in Section 5, Paragraph
5.3.2(a) of IEC 62301.
* * * * *
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 1.7 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 1.7 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 1.7 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
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 255 percent of the maximum energy
input rate. After 150.1 minutes at the reduced energy
setting, turn off the surface unit under test.
* * * * *
3.1.3 Microwave oven.
3.1.3.1 Microwave oven test standby mode and off mode power.
Establish the testing conditions set forth in Section 2, ``TEST
CONDITIONS,'' of this Appendix. 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 (incorporated by reference; see
Sec. 430.3), 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 as a function of
displayed time in standby mode, set the clock time to 3:33 at the
end of the stabilization period specified in Section 5, Paragraph
5.3, and use the average power approach described in Section 5,
Paragraph 5.3.2(a), but with a single test period of 10 minutes +0/-
2 sec. If a microwave oven is capable of operation in either standby
mode or off mode, as defined in Sections 1.12 and 1.8, respectively,
or both, test the microwave oven in each mode in which it can
operate.
* * * * *
3.2.3 Microwave oven test standby mode and off mode power. Make
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301
(incorporated by reference; see Sec. 430.3). 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 3.1.3.1. 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 3.1.3.1.
* * * * *
3.3.13 Record the average standby mode power, PSB,
for the microwave oven standby mode, as determined in Section 3.2.3
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 3.2.3 for a microwave
oven capable of operating in off mode.
[FR Doc. 2010-17775 Filed 7-21-10; 8:45 am]
BILLING CODE 6450-01-P