[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12825-12845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5044]
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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: Interim final rule.
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SUMMARY: The U.S. Department of Energy (DOE) is amending its test
procedures for microwave ovens under the Energy Policy and Conservation
Act (EPCA) to provide for the measurement of standby mode and off mode
power use by microwave ovens. These amendments incorporate into the DOE
test procedure provisions from the International Electrotechnical
Commission (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' First Edition 2005-06 (IEC Standard
62301 (First Edition)). In addition, these amendments adopt in the DOE
test procedure definitions of modes based on the relevant provisions
from the IEC Standard 62301 Second Edition, Final Draft International
Standard (IEC Standard 62301 (FDIS)), as well as language to clarify
application of these provisions for measuring standby mode and off mode
power consumption in microwave ovens.
DATES: This rule is effective April 8, 2011. Comments on the interim
final rule are due September 6, 2011. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register on April 8, 2011.
ADDRESSES: The public may review copies of all materials related to
this rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.
Any comments submitted must identify the Interim Final Rule on Test
Procedures for Microwave Ovens, and
[[Page 12826]]
provide the docket number EERE-2008-BT-TP-0011 and/or regulatory
information number (RIN) 1904-AB78. Comments may be submitted using any
of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions in section V 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 Floor, 950 L'Enfant Plaza,
SW., Washington, DC 20024. Telephone: (202) 586-2945. Please submit one
signed original paper copy.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to Office of Energy Efficiency and
Renewable Energy through the methods listed above and by e-mail to
[email protected].
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V (Public
Participation) of this document.
Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, framework
documents, public meeting attendee lists and transcripts, comments, and
other supporting documents/materials. The documents in the docket are
listed for review. However, not all documents listed in the index may
be publicly available, such as information that is exempt from public
disclosure. See section V of this SNOPR for instructions on how to
submit comments and to access publicly available material on the
regulations.gov Web site.
A link to the Supplemental Notice of Proposed Rulemaking (SNOPR)
web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/cooking_products.html, under
Supplemental Notice of Proposed Rulemaking (SNOPR). This web page
contains links to the SNOPR, information from the public meeting and
regulations.gov. The regulations.gov web page will also contain
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to submit or review public comments,
participate in the public meeting, or view hard copies of the docket in
the Resource Room, contact Ms. Brenda Edwards at (202) 586-2945 or e-
mail: [email protected].
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].
Mr. Ari Altman, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Tel.: (202) 287-6307, E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Legal Authority
II. Summary of the Interim Final Rule
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
B. Effective Date for the Test Procedure and Date on Which Use
of the Test Procedure Would Be Required
C. Measures of Energy Consumption
D. Incorporating by Reference IEC Standard 62301 (First Edition)
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
M. Congressional Notification
V. Public Participation
VI. Approval of the Office of the Secretary
I. Background and Legal Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a variety of
provisions designed to improve energy efficiency. Part B of Title III
((42 U.S.C. 6291-6309) establishes the ``Energy Conservation Program
for Consumer Products Other Than Automobiles,'' including microwave
ovens (all of which are referred to below as ``covered products''.) \1\
(42 U.S.C. 6291(1)-(2) and 6292(a)(10))
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\1\ All references to EPCA refer to the statute as amended
including through the Energy Independence and Security Act of 2007,
Public Law 110-140. For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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Under the Act, this program consists essentially of three parts:
(1) Testing; (2) labeling; and (3) establishing Federal energy
conservation standards. Pursuant to EPCA, the testing requirements
consist of test procedures that manufacturers of covered products must
use as the basis for certifying to DOE that their products comply with
applicable energy conservation standards adopted under EPCA and for
representations about the efficiency of those products. Similarly, DOE
must use these test requirements to determine whether the products
comply with EPCA standards. Under 42 U.S.C. 6293, EPCA sets forth
criteria and procedures for DOE's adoption and amendment of such test
procedures. EPCA provides that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use, as determined by the Secretary of
Energy, and shall not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3))
Finally, in any rulemaking to amend a test procedure, DOE must
determine to what extent, if any, the proposed test procedure would
alter the measured energy efficiency of any covered product as
determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) If
DOE determines that the amended test procedure would alter the measured
efficiency of a covered product, DOE must amend the applicable energy
conservation standard accordingly. In determining the amended energy
conservation standard, the Secretary shall measure, pursuant to the
amended test procedure, the energy efficiency, energy use, or water use
of a representative sample of covered products that minimally comply
with
[[Page 12827]]
the existing standard. The average of such energy efficiency, energy
use, or water use levels determined under the amended test procedure
shall constitute the amended energy conservation standard for the
applicable covered products. (42 U.S.C. 6293(e)(2)) EPCA also states
that models of covered products in use before the date on which the
amended energy conservation standard becomes effective (or revisions of
such models that come into use after such date and have the same energy
efficiency, energy use, or water use characteristics) that comply with
the energy conservation standard applicable to such covered products on
the day before such date shall be deemed to comply with the amended
energy conservation standard. (42 U.S.C. 6293(e)(3))
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 (First Edition)) \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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\2\ IEC standards are available for purchase at: http://www.iec.ch.
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Historically, DOE's active mode 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 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\ In a final rule published on April 8, 2009 (74 FR 16040),
DOE 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 active mode cooking efficiency test procedure for
microwave ovens under EPCA in a final rule published on July 22,
2010 (the July 2010 TP Final Rule). 75 FR 42579. DOE also published
a notice of a public meeting to discuss a separate rulemaking
process to replace the repealed provisions for measuring microwave
oven energy efficiency in active mode on July 22, 2010. 75 FR 42611.
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DOE published a notice of proposed rulemaking (NOPR) on October 17,
2008 (hereafter referred to as the October 2008 TP NOPR), in which it
proposed incorporating provisions from IEC Standard 62301 (First
Edition) 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. 73 FR 62134. 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.
EPCA requires DOE to consider the most recent version of IEC
Standard 62301. 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. IEC Standard 62301 (Second Edition) was not published,
however, until January 27, 2011.
Because the Energy Independence and Security Act (EISA) of 2007
amendments to EPCA require DOE to establish test procedures for standby
mode and off mode by March 31, 2011, and because DOE is conducting a
concurrent energy conservation standards rulemaking for standby and off
mode energy use, discussed below, DOE published a supplemental notice
of proposed rulemaking (SNOPR) on July 22, 2010 (hereafter referred to
as the July 2010 TP SNOPR) proposing mode definitions based on those in
the then current draft version of IEC Standard 62301 (Second Edition),
designated as IEC Standard 62301 Second Edition, Committee Draft for
Vote (IEC Standard 62301 (CDV)). 75 FR 42612, 42620-23 (July 22, 2010).
DOE noted in the July 2010 TP SNOPR that IEC Standard 62301 (CDV)
contains proposed amendments to IEC Standard 62301 (First Edition),
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 stated that it believes
that these most recent mode definitions represent the best definitions
available for the analysis in support of this rulemaking. 75 FR 42612,
42621.
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\4\ IEC Standard 62301 (CD2) was the draft version immediately
preceding IEC Standard 62301 (CDV).
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DOE held a public meeting on September 16, 2010 (hereafter referred
to as the September 2010 public meeting), to hear oral comments on and
solicit information relevant to the July 2010 TP SNOPR. Interested
parties remarked upon, among other things, covered products,
incorporation of IEC Standard 62301 (First Edition), mode definitions,
and testing procedures. On October 29, 2010, the IEC released a
finalized draft version of IEC Standard 62301 (Second Edition), IEC
Standard 62301 (FDIS).
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. (42 U.S.C. 6295(h)(2)) 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
[[Page 12828]]
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 (collectively, appliance standards), 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. 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 (First Edition) 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)), which is a widely accepted
international test procedure, 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 did not occur until January 27, 2011; as a
result, DOE considered the most recent draft at the time, version IEC
Standard 62301 (CDV), for the July 2010 TP SNOPR. 75 FR 42612, 42614.
II. Summary of the Interim Final Rule
In today's interim final rule, DOE is amending its test procedures
for microwave ovens to:
(1) Address the statutory requirement to establish procedures for
the measurement of standby mode and off mode power consumption.
(2) Support the concurrent development of energy conservation
standards that address use of standby mode and off mode power by this
product.
In today's interim final rule, DOE is incorporating by reference
specific clauses from IEC Standard 62301 (First Edition) regarding test
conditions and testing procedures for measuring the average standby
mode and average off mode power consumption into the microwave oven
test procedure. DOE is also adopting in 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
(FDIS). DOE further adopts language to clarify the application of
clauses from IEC Standard 62301 (First Edition) for measuring standby
mode and off mode power in this interim final rule. Specifically, DOE
is 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.
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.
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 rule amends the test procedures for microwave ovens to include
test procedures for the measurement of standby mode and off mode power
use. This rule also clarifies 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. In
response to the October 2008 TP NOPR, interested parties commented that
the proposed definition for covered products lacks clarity and is
[[Page 12829]]
inconsistent with current regulations, and requested clarification on
what would be considered covered products.
For the July 2010 TP SNOPR, DOE 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 (hereafter
referred to as ``microwaves with thermal elements only''), while 16
percent (21 out of 129) are combination units (containing microwave,
convection, and possibly thermal elements). 75 FR 42612, 42616 DOE
stated that, although it 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. Id. DOE
proposed to clarify that microwave ovens with thermal elements only
would be considered covered products under the definition provided in
10 CFR 430.2. Id. Based on DOE's product literature review for the
single available microwave oven with thermal elements only, DOE stated
that it believes that the standby and off mode operation for microwave
ovens with thermal elements only does not differ from that of
microwave-only units. Id.
DOE also proposed to clarify that combination microwave ovens
(i.e., 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. 75 FR
42612, 42616-17. 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. Id. DOE stated 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. Id.
However, DOE also stated that, based on its preliminary analysis, it
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. Id.
The July 2010 TP SNOPR did 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. Because DOE
tentatively determined 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 proposed that the same
test procedure amendments for standby and off mode testing, be used for
all of these product types. Id.
In response to the July 2010 TP SNOPR, DOE received multiple
comments on its proposed definition of microwave oven for the purpose
of determining covered products. Pacific Gas and Electric Company
(PG&E), Southern California Gas Company (SCGC), San Diego Gas and
Electric (SDG&E), and Southern California Edison (SCE), jointly
(hereafter, ``the California Utilities'') the American Council for an
Energy Efficient Economy (ACEEE) and the Appliance Standards Awareness
Project (ASAP), jointly (hereafter, ``ACEEE/ASAP Comment''), and the
Northwest Energy Efficiency Alliance (NEEA) supported DOE's definition
of microwave ovens with or without thermal elements. (ACEEE/ASAP
Comment, No. 20 at p. 1; California Utilities, No. 17 at p. 1; NEEA,
No. 16 at p. 2) The Association of Home Appliance Manufacturers (AHAM)
stated that it opposed the inclusion of thermal elements designed for
surface browning of food in the definition of microwave ovens because
there is no repeatable and reproducible test procedure for thermal
elements. According to AHAM, those units with thermal elements may use
different amounts of energy than units with microwave-only capability,
and furthermore, there is no definition of ``browning''. (AHAM, No. 19
at p. 2)
In today's interim final rule, DOE is adopting provisions to
measure the standby mode and off mode energy use of microwave ovens.
The energy use of components necessary for any thermal elements, if
present, in standby mode and off mode, would be measured under the
amended test procedure. DOE is not adopting at this time any measures
addressing energy use of microwave ovens in active mode, including the
energy required to activate thermal elements. At the time that DOE
considers amending the test procedure to include active mode energy
use, DOE will evaluate the measurement of thermal element energy
consumption, including methodology to account for the usage of such
elements (i.e., surface browning or convection heating). DOE does not
believe that the lack of current means to measure active mode energy
use in microwave ovens warrants the exclusion of certain products from
coverage under the amended test procedure, which is only addressing
standby mode and off mode energy use.
DOE also received multiple comments regarding the definition of
combination ovens and their inclusion as covered products. AHAM and
Whirlpool Corporation (Whirlpool) objected to the definition in the
July 2010 TP SNOPR, stating that it is overly broad and that a free-
standing range or built-in oven with a microwave component should not
be considered as a combination microwave oven. AHAM and Whirlpool
requested clarification as to whether a cooking product that utilizes
radiant as well as microwave energy would be a covered product.
According to Whirlpool, a cooking product which primarily uses radiant
heat for cooking and which is supplemented by microwave energy would be
covered as a conventional cooking product and thus should not be a
covered product for this rulemaking. (AHAM, No. 19 at p. 2; AHAM,
Public Meeting Transcript, No. 26 at pp. 25, 30, 37-38; Whirlpool, No.
18 at p. 2; Whirlpool, Public Meeting Transcript, No. 26 at pp. 36-37)
GE Consumer and Industrial (GE) commented that the definition of
combination microwave oven may not cover future products, and that
evaluation of standby power may need to take into account such features
as noise suppression and components to support heating elements. (GE,
Public Meeting Transcript, No. 26 at pp. 30-31) AHAM and Whirlpool
commented that the definition must be made in consideration of future
active mode test procedures and energy conservation standards, as well
as the current rulemakings addressing standby mode and off mode. AHAM
stated that there is no test procedure for a convection microwave oven,
and thus would object to combination microwave oven being a covered
product for the standby mode and off mode test procedure because of the
implications for active mode. According to AHAM, an active mode test
procedure is likely to have inherent complexities and not considering
active mode in the definition of covered products would only add to
those
[[Page 12830]]
complexities. (AHAM, No. 19 at p. 2; AHAM, Public Meeting Transcript,
No. 26 at pp. 26-27, 33-35; Whirlpool, Public Meeting Transcript, No.
26 at p. 36)
The California Utilities, the ACEEE/ASAP Comment, NEEA, and the
Natural Resources Defense Council (NRDC) support DOE's definition of
combination ovens and their inclusion as covered products. (California
Utilities, No. 17 at p. 1; ACEEE/ASAP Comment, No. 20 at p. 1; NEEA,
No. 16 at p. 2; NRDC, No. 21 at p. 1) According to the California
Utilities, no test data or information has been provided to suggest
that combination microwave ovens have additional standby or off mode
operations or features that would require separate test procedures to
measure these modes. The California Utilities and NEEA stated that
combination ovens are a significant and growing share of the overall
microwave oven market, and the California Utilities commented that
significant energy savings may be achieved by setting energy
conservation standards addressing standby mode and off mode energy use
for these products. (California Utilities, No. 17 at p. 1; NEEA, No. 16
at p. 2) ACEEE commented that test procedures should cover a broad
range of products to support the energy conservation standards
rulemaking process. (ACEEE, Public Meeting Transcript, No. 26 at pp.
28-29) NRDC commented that it agreed with DOE's conclusion in the July
2010 TP SNOPR that standby mode and off mode functions do not vary
across the scope of covered products and so there is no justification
for different standby mode and off mode test procedures. NRDC also
stated that the covered products could be categorized as different
product classes for the purposes of energy conservation standards or
could be the subject of different active mode test procedures. (NRDC,
No. 21 at p. 1)
In further considering the definition of combination microwave
oven, DOE reiterates, as stated in the October 2008 TP NOPR, that the
proposal would exclude as a covered product 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.
Therefore, the proposal would exclude a free-standing range with
microwave capability. However, DOE does not have information to suggest
that a built-in oven, incorporating both radiant elements and microwave
capability, is fundamentally different in cooking functions than a
countertop or over-the-range cooking product incorporating similar
heating components. DOE tests of combination microwave ovens included
several built-in models, and DOE did not observe any different standby
or off modes as compared to countertop and over-the-range models.
Therefore, DOE believes a built-in combination microwave oven would be
a covered product for the purposes of this test procedure. DOE based
its analysis on products currently available on the market in the
United States. DOE is unable to consider testing procedures for future
products until it can review details of the technologies, control
strategies, and operating modes of any such microwave ovens or
combination microwave ovens.
DOE further considered whether the definition of a combination
microwave oven as a covered product hinges on which cooking mode (i.e.,
radiant heating or microwave energy) is primary. DOE is not aware of
any cooking products with both microwave and radiant heating features
which cannot be operated in microwave-only mode, nor does DOE have any
information to determine consumer usage of microwave cooking as
compared to other cooking modes for such products. Thus, DOE believes
that all ovens equipped with microwave capability would be considered a
covered product for today's interim final rule. DOE will evaluate any
differences among microwave ovens and combination microwave ovens,
including installation configurations and heating features that may
warrant different product classes or energy conservation standards
during its microwave oven standards rulemaking.
DOE notes that defining a covered product for the purposes of
measuring standby mode and off mode energy use does not require that
active mode provisions be specified for that same product. When
considering future active mode test procedure amendments, DOE will
evaluate the suitability of separate provisions for combination
microwave ovens to measure the energy performance of heating components
other than the microwave portion.
AHAM noted the difference between countertop and over-the-range
microwaves, and stated it was not sure if the difference should be
addressed in the test procedure or by the creation of separate product
classes in the energy conservation standards rulemaking.
Limited DOE testing of a small sample of over-the-range microwave
ovens, as well as more extensive testing of a sample of over-the-range
combination microwave ovens did not identify any different standby or
off modes as compared to countertop microwave-only units. Thus, DOE
determined that the measures it is adopting in today's interim final
rule will provide representative measures of standby mode and off mode
energy use in countertop and over-the-range configurations of microwave
ovens and combination microwave ovens, and is not providing an
exclusion for over-the-range units in the definition of covered
products. Differences in energy use in these modes between countertop
and over-the-range configurations would be evaluated as part of the
energy conservation standards rulemaking addressing standby mode and
off mode for microwave ovens.
B. Effective Date for the Test Procedure and Date on Which Use of the
Test Procedure Would Be Required
The effective date of the standby and off mode test procedures for
microwave ovens is 30 days after the date of publication of today's
interim final rule. However, DOE's amended test procedure regulations
codified in the CFR clarify that the procedures and calculations
adopted in today's interim final rule 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 is provided that, as of 180 days after
publication of today's interim 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)) In addition, in order to ensure that the amended
test procedure adequately addresses the EISA 2007 requirement to
consider the most recent version of IEC Standard 62301, and recognizing
that the IEC issued IEC Standard 62301 (Second Edition) in January of
2011, DOE is issuing this microwave oven test procedure as an interim
final rule and offering an additional 180-day comment period to
consider whether any changes should be made to this interim final rule
in light of publication of IEC Standard 62301 (Second Edition). DOE
will consider these comments and, to the
[[Page 12831]]
extent necessary, publish a final rulemaking incorporating any changes.
Whirlpool recommended a minimum 3-year lead time between the issue
date of a final rule and the compliance date, stating that this time
period is necessary to allow for adequate development, testing, and
introduction of the new electronic controls that will likely be needed
to meet the requirements. (Whirlpool, No. 18 at p. 5) Although
Whirlpool did not specify in its comments whether the dates referred to
corresponded to the test procedure or energy conservation standards
rulemaking, DOE notes that the amended test procedure in today's
interim final rule need not be performed by manufacturers until the
compliance date of any amended energy conservation standards for
microwave ovens addressing standby mode and off mode energy use.
AHAM requested clarification regarding representations of energy
use of a microwave oven model on the retail packaging. (AHAM, Public
Meeting Transcript, No. 26 at pp. 59-61) As noted above, as of 180 days
after publication of today's interim 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. Such representations include those made in writing,
including on a label, and in any broadcast advertisement. (42 U.S.C.
6293(c)(1)(B)) Because the provisions adopted in today's interim final
rule address microwave oven standby mode and off mode energy use, and
because DOE is not adopting measures addressing active mode energy use,
representations as to active mode energy use (e.g., the wattage of the
product in cooking mode) are not subject to the requirements of 42
U.S.C. 6293(c)(2).
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.\5\
---------------------------------------------------------------------------
\5\ 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 interested parties provided input on the integration of
standby and off mode test procedures in response to the October 2008 TP
NOPR, in which DOE proposed separate metrics (average standby mode
power (PSB) in watts (W) and average off mode power
(POFF) in W, distinct from 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).
DOE addressed the issues with the cooking efficiency measurement in
the July 2010 TP Final Rule and notice announcing a public meeting to
discuss the development of new active mode test procedure. 75 FR 42579
(July 22, 2010) and 75 FR 42611 (July 22, 2010), respectively. DOE
proposed only to establish the test procedure for microwave ovens to
address standby mode and off mode energy consumption. 75 FR 42612,
42618. However, DOE also requested 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 for consideration in an active mode test procedure
rulemaking. Id.
NEEA commented that, although an energy efficiency descriptor for
standby mode and/or off mode and a separate energy efficiency
descriptor for active cooking mode for microwave ovens is acceptable,
it is not strongly supportive of that approach. NEEA stated that it is
not troubled by the possibility that standby energy use could reverse
the efficiency rankings of some products if a combined active and
standby mode energy use descriptor were used. According to NEEA, if
standby energy use is a large fraction of a product's annual energy
use, then the standby energy's weight in the calculation of an annual
energy use descriptor should be relatively large. NEEA also stated that
if cooking efficiency results are not meaningful for microwave ovens,
then this issue should be addressed in the active mode test procedure
and energy conservation standards rulemakings. However, NEEA further
stated that the current microwave descriptor is an EF metric, and that
the most appropriate measure of standby and off mode energy consumption
is annual energy use. For this reason, NEEA commented that not
combining these two measures of efficiency is the simplest way to
proceed with the microwave oven test procedure rulemaking, and
therefore, NEEA accepts DOE's proposal for separate metrics for active
mode and standby and off mode energy use. (NEEA, No. 16 at pp. 1-2).
AHAM, GE, and Whirlpool commented that they are unaware of any
existing test procedures for measuring active mode energy consumption
that are repeatable and reproducible. (AHAM, No. 19 at p. 6; AHAM,
Public Meeting Transcript, No. 26 at pp. 58-59; GE, Public Meeting
Transcript, No. 26 at p. 61; Whirlpool, No. 18 at p. 2) AHAM also
stated that it is unaware of any existing test procedure that has
successfully incorporated actual food loads, and if DOE decides to move
forward with an active mode test procedure, it should collect data on
food loads. Several interested parties provided comments on the methods
by which active mode could be tested. (AHAM, No. 19 at p. 6; Whirlpool,
No. 18 at p. 2; NRDC, No. 21 at pp. 1-2).
DOE acknowledges these comments, and notes that the absence of
active mode provisions results in a de facto separate energy use
descriptor for microwave oven standby mode and off mode energy use. The
consideration of active mode provisions, including a representative
food load, is outside the scope of today's interim final rule, which is
addressing only standby mode and off mode energy use. DOE determined it
would not be feasible to develop such active mode provisions in a time
frame that would allow it to consider an integrated metric for this
rulemaking. DOE will consider these comments separately as part of an
active mode test procedure rulemaking for microwave ovens, which DOE
announced it was considering in the notice of public meeting published
in the Federal Register on July 22, 2010. 75 FR 42611.
D. Incorporating by Reference IEC Standard 62301 (First Edition) for
Measuring Standby Mode and Off Mode Power in Microwave Ovens
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.\6\
(42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\6\ DOE 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).
---------------------------------------------------------------------------
DOE noted in the October 2008 TP NOPR that IEC Standard 62301
(First
[[Page 12832]]
Edition) 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. 73 FR 62134, 62139-41 (Oct.
17, 2008). The July 2010 TP SNOPR did not affect DOE's proposal of the
clauses from sections 4 and 5 of IEC Standard 62301 (First Edition)
(i.e., paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), and 5.3) identified in
the October 2008 TP NOPR, but proposed to incorporate by reference an
additional paragraph of IEC Standard 62301 (First Edition) in response
to comments. 75 FR 42612, 42618-19.
Specifically, DOE stated in the July 2010 TP SNOPR that
incorporating paragraph 5.2, ``Selection and preparation of appliance
or equipment,'' of IEC Standard 62301 (First Edition) provides
clarification to the installation requirements for standby mode and off
mode energy consumption testing. DOE also stated that paragraph 5.2 of
IEC Standard 62301 (First Edition) 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. Therefore, DOE proposed in the July 2010 TP SNOPR to
incorporate by reference paragraph 5.2 of IEC Standard 62301 (First
Edition). 75 FR 42612, 42619.
DOE also noted in the July 2010 TP SNOPR that paragraph 4.3 of IEC
Standard 62301 (First Edition) 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 volts (V)
1 percent and 60 Hz 1 percent for North America. In
addition, paragraph 4.3 of IEC Standard 62301 (First Edition) 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 stated in the
July 2010 TP SNOPR that it believes that the accuracy of the electrical
supply, including voltage and frequency, specified in IEC Standard
62301 (First Edition) 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 proposed
in the July 2010 TP SNOPR to specify electrical supply requirements of
120/240 V 1 percent and 60 Hz 1 percent in
section 2.2.1 of the DOE microwave oven test procedure. As noted in
paragraph 4.3 of IEC Standard 62301 (First Edition), 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
(First Edition). 75 FR 42612, 42619.
As discussed above in section III.A, because DOE tentatively
concluded in the July 2010 TP SNOPR 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 proposed
that the same test procedure amendments for standby and off mode
testing discussed in this section be used for all of these product
types. 75 FR 42612, 42620.
DOE received comments from interested parties regarding the
consideration of IEC Standard 62301 (First Edition) as the most current
version according to the EPCA requirement. (42 U.S.C. 6295(gg)(2)(A))
NRDC supports the incorporation of IEC Standard 62301 (without
specification of the version) into to the regulations and believes this
version is adequate for measuring the standby mode and off mode power
of microwave ovens. (NRDC, No. 21 at p. 2) NEEA stated that it supports
DOE's use of the most current version of IEC Standard 62301 to the
maximum extent possible, especially for definitions and measurement
protocols. NEEA commented that it agrees that products that are sold
into such a broad variety of international markets should be subject to
consistent testing. NEEA also stated, however, that DOE does not make
use of the guidance provided in the annexes in IEC Standard 62301, and
that DOE should be as specific as possible in adopting or incorporating
by reference sections of this IEC standard. (NEEA, No. 16 at p. 3)
AHAM and Whirlpool stated that DOE should use the provisions from
the then most recent draft version of IEC Standard 62301 (Second
Edition)--IEC Standard 62301 (FDIS)--for optimum international
harmonization and to decrease test burden. (AHAM, No. 19 at p. 3,
Whirlpool, No. 18 at p. 3) According to AHAM, microwave oven
manufacturers build these products for worldwide distribution,
requiring that manufacturers have the ability to build one microwave
for distribution everywhere. AHAM commented that, while it supports
DOE's proposals regarding measurement of standby and off modes, DOE
should reference IEC Standard 62301 (FDIS) instead of IEC Standard
62301 (First Edition) or IEC Standard 62301 (CDV), and that IEC
Standard 62301 (FDIS) would soon be publicly available and formally
adopted by IEC. AHAM stated that the modes and the definitions in the
CDV and in the FDIS are essentially the same, but that IEC Standard
62301 (FDIS) contains many new sections that produce more accurate
testing and measurements, including new or expanded sections on
measurement of power uncertainty, crest factor, power measurement
frequency response, sampling methods, average reading methods for non-
cyclic loads, and instrument measurement methods. AHAM stated that
these provisions are critical for third-party testing and verification
testing of the very small amounts of energy use in standby mode.
According to AHAM, all other governmental bodies that consider IEC
standards are able to reference an FDIS version in their regulations
because only grammatical corrections can be made between the FDIS stage
and the final version. AHAM noted that IEC Standard 62301 (FDIS) will
have to go out to committee members for a vote, but having passed at
the CDV stage, AHAM believes IEC Standard 62301 (FDIS) will garner the
necessary number of votes to be issued. AHAM further stated that if DOE
decides not to incorporate IEC Standard 62301 (FDIS) by reference, it
should use its language in full. AHAM does not support incorporation by
reference of IEC Standard 62301 (First Edition) combined with only some
provisions from IEC Standard 62301 (CDV). AHAM commented that, for
example, definitions from IEC Standard 62301 (CDV) do not have the same
meaning when combined with provisions from IEC Standard 62301 (First
Edition), and that definitions for network mode are not provided in IEC
Standard 62301 (First Edition). Finally, AHAM stated that, if DOE
chooses neither to incorporate the language of IEC Standard 62301
(FDIS) by reference nor to use its language in full, DOE should
incorporate by reference or use the full language of IEC Standard 62301
(CDV). (AHAM, No. 19 at p. 3; AHAM, Public Meeting Transcript, No. 26
at pp. 41-45, 47-49).
IEC published the final version of IEC Standard 62301 (Second
Edition) on January 27, 2011. Therefore, the second
[[Page 12833]]
edition is now available for DOE's consideration or incorporation by
reference. DOE is aware that there are significant differences between
IEC Standard 62301 (First Edition) and IEC Standard 62301 (FDIS), which
was the latest draft version of IEC Standard 62301 (Second Edition)
available during the drafting of this interim final rule. For example,
IEC Standard 62301 (FDIS) clarifies certain provisions, such as the
definition of ``standby mode'' and ``off mode'' to allow for the
measurement of multiple standby power modes. DOE notes that other
significant changes in the methodology were first introduced only at
the IEC Standard 62301 (FDIS) stage. These changes have not been the
subject of significant comment from interested parties, nor has DOE had
the opportunity to conduct a thorough analysis of those provisions.
Consequently, the merits of these latest changes have not been fully
vetted to demonstrate that they are preferable to the existing
methodological provisions in the current version of the IEC standard.
For the reasons discussed in section III.E, DOE did narrowly
consider the language from IEC Standard 62301 (FDIS) for mode
definitions to address specific concerns raised by interested parties.
Given the pending statutory deadline for issuance of a microwave oven
standard and the recent adoption of IEC Standard 62301 (Second
Edition), DOE has decided to base the test procedure amendments it is
adopting in today's interim final rule (other than the mode
definitions, which are discussed in section III.E) on the provisions of
IEC Standard 62301 (First Edition), but to seek comment on the merits
of adopting additional provisions of IEC Standard 62301 (Second
Edition).
As noted above, the July 2010 TP SNOPR proposed to incorporate by
reference the clauses from sections 4 and 5 of IEC Standard 62301
(First Edition) as proposed in the October 2008 TP NOPR, along with
paragraph 5.2. 75 FR 42612, 42618-19. AHAM commented that it supports
DOE's proposal to incorporate by reference the electrical supply
requirements in paragraph 4.3 and the testing conditions in paragraph
5.2 of IEC Standard 62301 (without specification of the version of this
IEC standard). (AHAM, No. 19 at pp. 3-4; AHAM, Public Meeting
Transcript, No. 26 at pp. 66, 71-73) AHAM further stated that, in
accordance with paragraph 5.2 of IEC Standard 62301 (FDIS), the
appliance should be tested at factory or ``default'' settings, and that
where there are no indications for such setting, the appliance should
be tested as shipped. (AHAM, No. 19 at p. 4) ACEEE and the California
Utilities objected to the proposal to test standby power at the factory
or ``default'' settings. ACEEE asserted that it would allow the
potential for ``gaming,'' by which manufacturers could ship products
with settings that use minimal power that consumers could easily switch
out of and that therefore these settings would not be representative of
typical use. The California Utilities recommended that DOE not
incorporate paragraph 5.2 of IEC Standard 62301 because, according to
them, there are no data indicating that factory default modes are
uniform or typically used by consumers. ACEEE and the California
Utilities stated that DOE should require products to be set up for
testing with the settings that produce the highest standby power
consumption, ensuring that products in the field do not consume more
standby power than the tested value. (ACEEE/ASAP, No. 20 at p. 1;
California Utilities, No. 17 at p. 2) NEEA stated that section 5.3.1 of
IEC Standard 62301 is explicit with regard to getting a repeatable
measurement of average power over an extended time period and minimum
number of what NEEA termed as ``instability cycles,'' and that the
procedures in section 5 and additional information in annexes A and B
of IEC Standard 62301 would be adequate for testing microwave oven
standby power, as well as that of most other products. NEEA
acknowledged the occasional need for specific testing guidance.
According to NEEA, DOE might require the highest display mode power
setting to be used during standby measurement, and if DOE does this for
one product type, it should impose the same requirement for most other
products. In cases where there is only one display mode, NEEA stated
that this is not an issue, but for products in which display brightness
and metrics can be adjusted by the consumer for other than very short-
term use, the highest energy use mode should be tested. NEEA further
stated that if these functions automatically revert to a lower power
mode in a short time (i.e., less than one or two minutes), or the
functions do not have a higher power consumption mode, then NEEA would
support testing in ``as-shipped'' or ``normal'' mode. (NEEA, No. 16 at
pp. 2-3)
In response, DOE first clarifies that, although it inadvertently
stated in the July 2010 TP SNOPR that it was proposing to incorporate
by reference two additional clauses from IEC Standard 62301 (First
Edition) as compared to the provisions it proposed to incorporate by
reference in the October 2008 TP NOPR, it in fact only proposed
regulatory language to additionally incorporate by reference paragraph
5.2 in the July 2010 TP SNOPR along with the paragraphs proposed to be
incorporated by reference in the October 2008 TP NOPR. In the July 2010
TP SNOPR, DOE also considered incorporating by reference paragraph 4.3
of IEC Standard 62301 (First Edition), but instead proposed voltage
requirements that would supersede any requirements that would be
imposed by the IEC Standard 62301 (First Edition) provisions. 75 FR
42612, 42619-20.
In considering testing conditions, DOE notes that its test
procedures are developed to measure representative energy use for the
typical consumer and cannot capture all possible consumer actions and
appliance usage patterns that might increase energy use. For example,
certain products featuring a display power-down may allow consumers to
alter the display settings to increase the amount of time in the high-
power state, or to make the high-power state permanent. However, DOE
believes in the absence of information indicating otherwise that the
typical consumer will not alter the standard or default settings. DOE
also did not receive data to support a determination that standby and
off mode power measurements made at the highest power settings would be
more representative of actual consumer use than measurements using the
default settings. Thus, in today's interim final rule, DOE is
incorporating by reference section 5.2 of IEC Standard 62301 (First
Edition), with the stipulation that standby mode and off mode
measurements be made using the ``default'' or ``as-shipped'' settings
in the absence of specific manufacturer instructions.
DOE did not receive comments on the suitability of incorporating in
its microwave oven test procedure the other specific paragraphs for
testing conditions and methods from IEC Standard 62301 (First Edition)
that were proposed in the July 2010 TP SNOPR. In the absence of any
comments objecting to those specific paragraphs, and for the reasons
discussed above relating to the current version of IEC Standard 62301,
DOE is adopting in today's interim final rule the provisions from IEC
Standard 62301 (First Edition) that were proposed in the July 2010 TP
SNOPR (i.e., paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), and 5.3), along
with paragraph 5.2 of IEC Standard 62301 (First Edition).
[[Page 12834]]
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 42 U.S.C. 6295(gg)(1)(A) in the
October 2008 TP NOPR. 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,
defrosting the load, or some combination of these. 73 FR 62134, 62141
(Oct. 17, 2008). DOE noted that a microwave oven with a continuously
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 because activation of the higher-power
state would be achieved by means of an internal sensor. DOE
additionally clarified whether the presence of a manual power on-off
switch would be considered to potentially put the microwave oven in
standby mode or off mode. DOE 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.
DOE stated in the July 2010 TP SNOPR that it believes the
definitions of standby mode, off mode, and active mode provided in IEC
Standard 62301 (CDV), which at that time was the latest draft version,
expand upon the EPCA mode definitions and provide additional guidance
as to what functions are associated with each mode. DOE also stated
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,
DOE proposed definitions of standby mode, off mode, and active mode
based on the definitions provided in IEC Standard 62301 (CDV) in the
July 2010 TP SNOPR. DOE stated that it 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 (First Edition), 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. DOE also stated in the July 2010
TP SNOPR that it believes that the proposed definitions of standby,
off, and active mode would be applied to microwave-only units,
microwave ovens with only thermal elements, and combination microwave
ovens. 75 FR 42612, 42620-21.
DOE proposed in the July 2010 TP 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: \7\ A remote switch (including a 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. 75 FR 42612, 42621.
---------------------------------------------------------------------------
\7\ 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 proposed in the July 2010 TP SNOPR 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 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. Id.
DOE proposed in the July 2010 TP SNOPR 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.\8\ Off mode would also include an
indicator that shows the user only that the product is in the off
position. 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. 75 FR 42612, 42622.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
As part of the July 2010 TP SNOPR, DOE examined the issue of how to
classify a microwave oven that is plugged into 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) and 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, the discussion is silent
on whether activation of an on/off switch can place the product in
disconnected mode. Considering the entirety of section A.2 in total,
DOE concluded in the July 2010 TP SNOPR that the
[[Page 12835]]
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 revised its determination proposed in the October 2008 TP
NOPR and tentatively concluded in the July 2010 TP SNOPR that zero
energy consumption due to activation of an on/off switch would be
indicative of off mode rather than a disconnected mode. Id.
In response to interested parties' question of whether testing
would be required for a device with off mode capability even though
there is no reporting requirement or standard, DOE noted, in the July
2010 TP SNOPR, that any representations as to the standby and off mode
energy consumption for microwave ovens would need to be based upon
results generated under the applicable provisions of the test procedure
that is the subject of this rulemaking. 75 FR 42612, 42622-23.
Finally, DOE proposed in the July 2010 TP SNOPR 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 noted 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. In response to comments on IEC Standard 62301 (CD2) that
led to IEC Standard 62301 (CDV), IEC stated, however, 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. 75 FR
42612, 42623.
DOE tentatively proposed in the July 2010 TP SNOPR 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 food would be
considered active mode functions as well.
DOE also noted 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 stated
in the July 2010 TP SNOPR that it believes that there would be no
energy use in a ``disconnected mode,'' and therefore did not propose a
definition or testing methods for such a mode in the DOE test procedure
for microwave ovens. Id.
The California Utilities and NRDC support DOE's proposal to adopt
the definitions of active, standby, and off modes from IEC Standard
62301 (CDV). (California Utilities, No. 17 at p. 2; NRDC, No. 21 at p.
2) AHAM commented that the mode definitions in IEC Standard 62301 (CDV)
and IEC Standard 62301 (FDIS) are not going to vary. AHAM initially
stated that DOE should move forward using the definitions that are in
IEC Standard 62301 (CDV), but later clarified its statements to
recommend that DOE reference IEC Standard 62301 (FDIS) for the mode
definitions. Whirlpool also stated that DOE should adopt mode
definitions from IEC Standard 62301 (FDIS). (AHAM, No. 19 at p. 4;
AHAM, Public Meeting Transcript, No. 26 at p. 45; Whirlpool, No. 18 at
p. 3)
DOE has reviewed IEC Standard 62301 (FDIS) and anticipates that the
newly finalized IEC Standard 62301 (Second Edition) defines the various
modes differently than IEC Standard 62301 (First Edition). IEC Standard
62301 (FDIS) incorporates responses to comments from multiple national
committees from member countries on several previous draft versions,
and thus, DOE believes it provides the best available mode definitions.
DOE has decided to consider the substance of the new operational mode
definitions from the draft version IEC Standard 62301 (FDIS). DOE notes
that the mode definitions in IEC Standard 62301 (FDIS) are
substantively similar to those in the previous draft version (IEC
Standard 62301 (CDV)), which were the subject of extensive comments
from interested parties, both as noted above and during recent DOE test
procedure rulemakings addressing standby mode and off mode energy use
in other products (i.e., clothes dryers and room air conditioners). In
those instances, interested parties indicated general support for
adopting the mode definitions provided in IEC Standard 62301 (CDV). Due
to the effective equivalence of the mode definitions in IEC Standard
62301 (CDV) and IEC Standard 62301 (FDIS), DOE believes the public
comment support expressed for the mode definitions in IEC Standard
62301 (CDV) would extend to those in IEC Standard 62301 (FDIS).
AHAM commented that the definition of ``standby mode'' should
include a requirement that all products will default to the product's
standby mode as delivered from the factory. According to AHAM and
Whirlpool, products may have provisions for the consumer to add or
delete product functions that alter the as-shipped energy mode. AHAM
stated that the power consumption in these user-selected modes may
exceed the power consumption in the lowest power-consumption mode, and
that the consumer must be informed as to how to make these selections
and that their selection(s) would override the lowest power-consumption
mode. (AHAM, No. 19 at p. 4; Whirlpool, No. 18 at p. 3) DOE notes that
design and labeling requirements are outside the scope of this test
procedure rulemaking, thus DOE is not adopting, in today's interim
final rule, any measures specifying the default operation or provisions
regarding consumer information, although potential design requirements
may be considered in the microwave oven energy conservation standards
rulemaking addressing standby mode and off mode energy use. DOE is,
however, addressing the settings for standby mode and off mode testing
in section III.F of today's interim final rule.
Whirlpool requested clarification on whether the use of an ``Energy
Save'' pushbutton to enter a lower consumption state (such as by
turning off a clock) is consistent with the definition of standby mode
proposed by DOE, as allowed by the IEC Standard 62301 (FDIS)
definition. Whirlpool stated it prefers harmonization wherever
practicable. Whirlpool also questioned whether the switch to standby
power could be automatic. (Whirlpool, No. 18 at p. 3) DOE agrees that
such a pushbutton would be considered an internal sensor that would
activate this lower consumption state, which could be considered either
another standby mode or an off mode, depending on the components
energized. As noted above, DOE is not addressing design requirements as
part of this test procedure rulemaking. DOE will consider any such
requirements for standby mode and off mode energy use as part of its
energy conservation standards rulemaking for microwave ovens.
Whirlpool and AHAM commented that they do not support the inclusion
of power consumed by one-way remote controls in the definition of
standby
[[Page 12836]]
mode. (Whirlpool, No. 18 at p. 4; AHAM, No. 19 at p. 5) According to
AHAM, although EPCA defines standby mode to include activation by
remote control, one-way remotes do not meet the intent of the statute.
AHAM and Whirlpool stated that a standard remote, when it powers a
product ``off'', actually powers the product down, not off, such that
it can be turned on again via remote control, and therefore would be
classified as consuming standby power. AHAM and Whirlpool contrasted
that with a one-way remote that turns the product completely off such
that it cannot be turned on again through the use of the remote. Thus,
AHAM commented that a one-way remote does not put the product into
standby mode and should not be incorporated into standby mode. AHAM
noted that there are few, if any, one-way remotes in the United States,
but AHAM stated that including one-way remotes as part of off mode
rather than standby mode would encourage manufacturers to design
products with them and could result in decreased energy use. (AHAM, No.
19 at p. 5; Whirlpool, No. 18 at p. 4)
DOE notes that the definition of standby mode proposed in the July
2010 TP SNOPR states that standby mode includes user-oriented or
protective functions to facilitate the activation of other modes
(including activation or deactivation of active mode) by remote switch
(including remote control), internal sensor, or timer. DOE believes
that if the product is consuming energy to power an infrared sensor
used to receive signals from a remote control (while not operating in
the active mode), such a function would be considered part of standby
mode, regardless of whether the remote is classified as ``one-way'' or
``two-way,'' because of the function to facilitate the deactivation of
another mode by remote switch (including remote control), internal
sensor, or timer. However, if a ``one-way'' remote control powers the
product down, including turning off any infrared sensors to receive
signals from a remote control, then the product would be operating in
the off mode when it is powered down, given that no other standby mode
functions within the product are energized.
AHAM also commented that DOE should consider additional provisions
from paragraph 3.1 of IEC Standard 62301 (FDIS) that define functions
broadly, within which the specific modes are defined. AHAM stated that
such additional references are necessary to provide context for the
mode definitions. (AHAM, Public Meeting Transcript, No. 26 at pp. 70-
71) Paragraph 3.1 of IEC Standard 62301 (FDIS) defines a function as a
predetermined operation undertaken by the energy-using product, and
would be classified as: (1) A user-oriented secondary function (standby
mode); (2) a network-related secondary function (network mode); (3) a
primary function (active mode); and (4) other functions. DOE believes
that the definitions of standby mode, off mode, and active mode in IEC
Standard 62301 (FDIS) sufficiently describe all states of operation
which are covered under the EPCA requirements in 42 U.S.C. 6295(gg). As
discussed later in this section, DOE is not adopting provisions to
measure energy use in network mode. Thus, DOE is not adopting language
in today's interim final rule from paragraph 3.1 of IEC Standard 62301
(FDIS).
DOE received several comments on the definition of off mode and the
conditions under which a microwave oven would be considered to be in
disconnected mode. The California Utilities agreed with DOE's proposal
that the disconnected mode for microwave ovens would be associated only
with the removal of the power cord from the power source, and that zero
energy consumption due to the activation of an on-off switch would be
indicative of off mode rather than a disconnected mode. (California
Utilities, No. 17 at p. 2) Whirlpool supported DOE's proposed
definition of off mode. (Whirlpool, No. 18 at p. 3) GE questioned
whether DOE was aware of any studies or information on a 240 volt
microwave oven with multiple energy feeds but one on-off switch in the
circuitry. (GE, Public Meeting Transcript, No. 26 at p. 83) DOE is not
aware of such information, but believes that the provisions it is
adopting today for measuring standby mode and off mode energy use would
be applicable to a 240 volt microwave oven, regardless of any action of
an on-off switch. If, with the switch in the ``off'' position, any
components as described in the definition of standby mode were
energized, the microwave oven would be considered to be operating in
standby mode.
AHAM commented that it agrees with DOE's proposal that delay start
mode should not be considered standby mode, and should instead be
considered active mode. AHAM noted that the European Union (EU) also
considers delay start mode part of active mode in its regulations.
(AHAM, No. 19 at p. 5; AHAM, Public Meeting Transcript, No. 26 at p.
82)
After considering the most current version of IEC Standard 62301
(i.e., the First Edition) and the draft version of IEC Standard 62301
(i.e., FDIS), DOE has concluded that the definitions of ``standby
mode,'' ``off mode,'' and ``active mode'' provided in IEC Standard
62301 (FDIS) are the most useful, in that they expand upon the EPCA
mode definitions and provide additional guidance as to which functions
are associated with each mode. Therefore, DOE is adopting definitions
of ``standby mode,'' ``off mode,'' and ``active mode'' based on the
definitions provided in IEC Standard 62301 (FDIS), as follows:
``Standby mode'' means the product mode where the
microwave oven is connected to a mains power source and offers one or
more of the following user-oriented or protective functions which
usually persist:
To facilitate the activation of other modes (including
activation or deactivation of active mode) by remote switch (including
remote control), internal sensor, or timer;
Continuous function: information or status displays
including clocks or sensor-based functions.
DOE is also adopting in its amendments to the test procedure the
clarification, provided as a note accompanying the definition of
standby mode in IEC Standard 62301 (FDIS), that 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.
``Off mode'' means a product mode where the microwave oven
is connected to a mains power source and is not providing any standby
mode or active mode function and where the mode usually persists. An
indicator that only shows the user that the product is in the off
position is included within the classification of off mode.
DOE notes that the definition of off mode in IEC Standard 62301
(FDIS) also includes the qualification that it is not providing any
network mode function. However, for the reasons discussed below DOE is
not including a definition of network mode in the amended microwave
oven test procedure, DOE did not include reference to network mode in
the definition of off mode for today's interim final rule.
``Active mode(s)'' means a product mode where the energy-
using product is connected to a mains power source and at least one
primary function is activated.
Multiple interested parties submitted comments on the possibility
of defining an additional ``network mode''. The California Utilities,
NEEA, and the ACEEE/ASAP Comment commented that DOE should adopt a
definition of network mode in the microwave oven
[[Page 12837]]
test procedure, (California Utilities, No. 17 at p. 2; NEEA, No. 16 at
p. 2; ACEEE/ASAP Comment, No. 20 at p. 2) AHAM stated that, although
there are not a sufficient number of products currently available on
the market from which to gather data regarding network mode, DOE should
define a network mode even if it cannot be measured, because leaving it
out would hinder manufacturers' development of products with network
mode capabilities in the future. In the event DOE decides to address
network mode at that time, AHAM stated it would not support including
network mode in standby or off mode. According to AHAM, network mode
and the energy use associated with ``smart'' appliances should be
treated as a distinct energy use that enhances electrical grid system
efficiencies that save energy and reduce carbon emissions. (AHAM, No.
19 at p. 5; AHAM, Public Meeting Transcript, No. 26 at pp. 73-76) The
California Utilities stated that manufacturers have noted that they are
developing products with networking capability, and that DOE should
include the IEC standard definition of network mode in the microwave
oven test procedure. The California Utilities also commented that DOE
should collect test data from manufacturers of network-equipped
products and develop a test procedure that measures energy use in this
mode consistently and appropriately. (California Utilities, No. 17 at
p. 2) The ACEEE/ASAP Comment expressed concern that, without provisions
in the microwave oven test procedure for network mode, manufacturers
could develop products that are always in network mode and therefore
could be considered to have no standby power consumption. The ACEEE/
ASAP Comment also stated that energy use in network mode could be
significant. (ACEEE/ASAP Comment, No. 20 at p. 2) NEEA stated that it
was unlikely to be Congress' intent to exclude network mode when
mandating DOE to establish test procedures and standards for standby
mode and off mode energy use for a broad array of products. According
to NEEA, even though very few products may have this mode or function
built in (or operating) presently, there is no reason to leave this
mode out in the test procedure rulemaking, especially since it would be
straightforward to include based on the IEC Standard 62301 approach.
NEEA commented that if a network mode microprocessor in a home
appliance functions as it does in a number of other products, it will
spend almost all of its time in its own standby mode and almost no time
in its active mode, placing network mode energy use in the same
category as a clock or control circuit energy use. NEEA further
commented that it is likely that the network mode processor(s) could
significantly increase the standby energy use of many products,
warranting its inclusion in the microwave oven test procedure. (NEEA,
No. 16 at p. 2)
NRDC and Whirlpool do not support including a definition of network
mode in the microwave oven test procedure at this time. NRDC stated
that it is unaware of what network mode would entail for a microwave
oven and that it is skeptical of its potential benefits. According to
NRDC, microwave ovens are a convenience product that consumers
generally want to use at a certain time when they want food heated
quickly. Thus, NRDC stated, it is unlikely that the active mode
function would be able to be delayed by a network mode function. NRDC
further noted that network mode could be used to power down displays
and other standby functions, but questioned whether this function would
be accomplished by occupancy sensors or automatic power-down after a
certain period of user inactivity. NRDC requested more data on network
mode functions and potential benefits in microwave ovens. (NRDC, No. 21
at p. 2) Whirlpool stated that, although network mode will become vital
with the future development of ``Smart Grid'' appliances, such products
do not exist today outside of development laboratories. Whirlpool
commented that DOE should retain this mode as separate and distinct
from other modes, but that DOE should not adopt standards or test
procedures for network mode until manufacturers have sufficient
quantities of Smart Grid models in production to support comprehensive
testing and measurement. (Whirlpool, No. 18 at p. 4)
Section 3.7 of IEC Standard 62301 (FDIS) also defines ``network
mode'' as a mode category that includes ``any product modes where the
energy using product is connected to a mains power source and at least
one network function is activated (such as reactivation via network
command or network integrity communication), but where the primary
function is not active.'' Section 3.7 of IEC Standard 62301 (FDIS) also
provides a note, stating that ``[w]here a network function is provided
but is not active and/or not connected to a network, then this mode is
not applicable. A network function could become active intermittently
according to a fixed schedule or in response to a network requirement.
A `network' in this context includes communication between two or more
separate independently powered devices or products. A network does not
include one or more controls which are dedicated to a single product.
Network mode may include one or more standby functions.''
DOE notes that, in the absence of data on the operation and
functionality of network mode, it is unable to define appropriate
testing conditions and procedures for accurately measuring the energy
use of microwave ovens capable of functioning in network mode. This
lack of data also prevents DOE from evaluating how these products will
develop in the future. Also, because DOE does not have sufficient data
on the operation and functionality of network mode, it is not making a
determination as to whether network mode would be included as part of
standby or active mode. DOE may consider amendments to the microwave
oven test procedure when products capable of functioning in network
mode are in production and commercially available. At that time,
comprehensive analysis can determine appropriate testing conditions and
procedures for accurately measuring network mode and energy use.
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 (First Edition) 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 (First Edition) 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 (First Edition) 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
[[Page 12838]]
as ``a 12-hour 30-second period'' to assure comparable and
valid results. Id.
As part of the July 2010 TP SNOPR, DOE investigated test methods to
determine standby power over a shorter period than 12 hours. DOE first
considered representing the average standby power over a 12-hour cycle
by calculating a weighted average of power measurements at 18 different
clock display times. This approach was discussed in detail 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. 75 FR 42612, 42624.
For the July 2010 TP SNOPR, DOE also investigated whether a single
10-minute measurement period with a starting clock time of 3:33 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 and would produce
average standby power measurements comparable to those taken 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. Id.
Table 1--Comparison of Methodologies for Measuring Microwave Oven Standby Power
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-Hour 18-Point method 10-Minute method
method ---------------------------------------------------------------
Test unit Display type ----------------
Standby watts Standby watts Percent Standby watts Percent
* * difference * 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 higher 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 concluded in the July 2010 TP SNOPR 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 proposed in the July 2010 TP 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. Id.
DOE noted in the July 2010 TP SNOPR 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. 75 FR 42612, 42624-25.
DOE stated in the July 2010 TP SNOPR that the microwave oven test
procedure is designed to provide a measurement representative of
average consumer use of the product, even if the test conditions and
procedures may not be identical to average consumer use (for example,
specified display times). DOE's proposal reflected the statutory
requirement, and the Department's longstanding view, that the overall
objective of the test 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 proposed in the July 2010 TP SNOPR to address
this issue through this test procedure and related certification
requirements. Accordingly, DOE's proposed language both (1) made
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) proposed a specific mechanism--the waiver
process--as a mandatory requirement for all products for which
[[Page 12839]]
the test procedure would not properly capture the energy consumption
during representative use. The language did 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 described 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.
AHAM commented that DOE's proposal should be clarified to state
that the test is to be started when the display is at its lowest power
consumption mode. (AHAM, No. 19 at p. 5) Initially, AHAM suggested that
the clock display should be set 5 or 10 minutes earlier than 3:33, then
wait until the display time reaches 3:33 to start the test period.
According to AHAM, this would allow the clock display, which may get
brighter when the time is set, to dim and thus reach its low power
state before the standby power measurement is made. AHAM stated that
this approach would be more representative of actual consumer use.
(AHAM, Public Meeting Transcript, No. 26 at pp. 91-93) AHAM clarified
its comments to state that the stabilization period should be
conditions-based, meaning the clock display would be set to 3:33 minus
whatever time it takes for that product to reach its stabilization
period. According to AHAM, such an approach would allow each
manufacturer to determine the amount of time to subtract with minimal
additional test burden, and would produce the most repeatable and
reproducible results. AHAM noted that the topic of test stabilization
periods is covered in IEC Standard 62301 (FDIS) section 5.3.1 on
sampling methods. That section of IEC Standard 62301 (FDIS) is
specifically meant to deal with the issue of noncyclical loads or
activities where the power is not stable over a period of time. (AHAM,
No. 19 at pp. 5-6; AHAM, Public Meeting Transcript, No. 26 at pp. 94-
95) Whirlpool commented that it supports a standby power test cycle
which after a period of stabilization, begins at a clock display time
of 3:33 and extends for 10 minutes. Whirlpool further suggested
allowing a 30-minute stabilization period by setting the clock display
at 3:03 and initiating the test measurement 30 minutes later (at 3:33),
then measuring energy consumption for the 10-minute period. (Whirlpool,
No. 18 at p. 4) In addition, AHAM and Whirlpool stated that controls
which sense the test procedure and behave differently under those
circumstances are not consistent with the intent of the test procedure.
According to Whirlpool, such controls should either not be allowed or
should require a waiver under which such different behavior is offset.
AHAM and Whirlpool requested that, in the event that waivers are
sought, DOE should develop a more expedient means of addressing and
issuing waivers, as the current process is too long and cumbersome.
AHAM further stated that the length of the waiver process delays time
to market. (AHAM, No. 19 at p. 6; AHAM, Public Meeting Transcript, No.
26 at pp. 97-98; Whirlpool, No. 18 at p. 4)
The California Utilities commented that it supports the proposed
clarification to the test procedure in which DOE specifies a test
period of 10 minutes with an initial clock display time of 3:33 for
microwave ovens. However, it asked DOE to require this 10-minute test
procedure for all microwave ovens, irrespective of whether the standby
power consumption is stable. According to the California Utilities, DOE
has not clearly defined what constitutes an ``unstable'' standby power
consumption. The California Utilities stated that, to ensure testing
and reporting consistency, and in the absence of test data, DOE should
require a test cycle of 10 minutes for all microwave ovens. The
California Utilities asserted that this clarification that all products
be tested for 10 minutes would not substantially add to manufacturer
test burden. (California Utilities, No. 17 at pp. 2-3)
NRDC stated that it prefers the 12-hour test cycle methodology, but
is open to considering the use of the 10-minute method, as it produces
results that are accurate within 2 percent and provides a significantly
smaller testing burden for manufacturers. NRDC expressed concern that
the 10-minute method does not account for how quickly a microwave oven
reaches the ``stabilized'' standby state, and that the term
``stabilization period'' is not well defined and needs to be further
clarified. NRDC further commented that, if the 10-minute method is
used, a maximum time should be allowed for stabilization, to encourage
products to reach their lowest power mode quickly. NRDC also stated
that it was concerned that, despite the waiver process proposed by DOE,
the 10-minute method is inherently more vulnerable to gaming than the
12-hour test cycle. NRDC did not provide suggestions on what measures
beyond the proposed waiver could be instated to prevent gaming, but it
stated that the concern about potential gaming is secondary to the
stabilization concern, and that NRDC would support the 10-minute method
as long as the stabilization period is addressed. (NRDC, No. 21 at p.
2)
Section 5.3.1 of IEC Standard 62301 (First Edition) states that, a
mode is stable if the measured power varies less than 5 percent over a
minimum 5-minute period, after which the power is measured after an
additional period of at least 5 minutes. Thus, these provisions would
require a total test time of at least 10 minutes. Therefore, DOE
believes it is clear what constitutes the test for whether the standby
power consumption is stable or unstable.
Upon review of comments from interested parties, DOE concludes that
a 12-hour test requirement would represent a significant burden to
manufacturers, and that the alternative 10-minute method would minimize
additional test burden. DOE agrees, however, that certain microwave
oven displays may enter a higher-power state for a short period after
the display time is set, after which the power may drop to a lower
level that is more representative of actual use. Thus, DOE determined
that the display time should be set in advance of the time required at
the start of the measurement period, and that a stabilization period in
the interim would allow the microwave oven to enter a lower-power state
prior to the standby power measurement. DOE does not believe, however,
that allowing the manufacturers to individually determine the
stabilization period, would optimize the accuracy and repeatability of
the test procedure. Based on DOE's testing, which showed that all
microwave ovens in its test sample dropped to the lower power state in
less than 10 minutes and the fact that a stabilization period of 30
minutes would effectively double the total test time, DOE believes that
a requirement to set the display time to 3:23 and allowing a 10-minute
stabilization period prior to a 10-minute measurement period would best
balance the need for reproducibility of the test procedure with the
burden placed on manufacturers.
DOE notes that the microwave oven test procedure is designed to
provide an energy efficiency measurement consistent with representative
average consumer use of these products, even if the test conditions
and/or procedures may not themselves all be representative of average
consumer use (e.g., testing with a display of only 3:33 to 3:42). DOE's
amendments reflect the statutory requirement, and the Department's
longstanding view, that the overall objective of the test procedure is
to
[[Page 12840]]
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,
thereby making it unrepresentative of average consumer use. If a
manufacturer incorporates a power-saving mode as part of the
appliance's routine operation, DOE's test procedure would produce a
representative measure of average consumer use if the unit powered down
during the 10-minute test period for the same percentage of time that
such powering down would be expected to occur during a typical 12-hour
period, and thus, such operation would be permissible. It has been the
Department's long-held interpretation that the purpose of the test
procedure is to measure representative use. Ultimately, if DOE
identifies a broad pattern of behavior which has the effect of
circumventing its test procedure provisions, the Department may
consider reopening the microwave oven test procedure for further
rulemaking. DOE also notes it has made improvements in its response
time to waiver requests, and will continue to strive for increased
efficiency in this regard.
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).
As noted in the July 2010 TP SNOPR (75 FR 42612, 42625), the active
mode provisions were removed from the microwave oven test procedure in
the July 2010 TP Final Rule. Thus, the need for the technical
correction is obviated and no such amendments are adopted in today's
interim final rule.
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 believed that the
incorporation of clauses regarding test conditions and methods in IEC
Standard 62301 (First Edition), 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 power use in
standby mode and off mode. Based on DOE testing and analysis of IEC
Standard 62301 (First Edition), 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, as well as for when the measured
power is unstable (i.e., varies over a cycle). DOE also stated that
because 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 required under the
previous test procedure, 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).
Additionally, for reasons similar to those stated above, DOE stated
in the July 2010 TP SNOPR that the proposed amendments to measure the
standby and off mode power consumption of microwave ovens would not
require manufacturers to make major investments in test facilities and
new equipment, and would not be unduly burdensome to conduct. DOE
proposed a significantly shorter test duration than the 12 hours that
was proposed in the October 2008 TP NOPR--a 5-minute stabilization
period and a 5-minute or 10-minute test time, depending on whether the
standby power consumption is stable. DOE stated in the July 2010 TP
SNOPR that it believes that the number of units to be tested, according
to the sampling requirements in 10 CFR 430.24(i), is reasonable and,
along with the shorter test duration, would not substantially add to
manufacturer test burden and would allow manufacturers that conduct
quality assurance testing on the production line to continue to do so.
75 FR 42612, 42625.
DOE received comments on manufacturer test burden as discussed
above in section III.F, and has determined that, although the test
duration is slightly longer than that proposed in the July 2010 TP
SNOPR because the initial stabilization period is 10 minutes rather
than 5 minutes, the methodology adopted in today's interim final rule
is otherwise largely similar and will not be unduly burdensome for
manufacturers. DOE also continues to believe that the provisions to
measure standby mode and off mode energy use would not require
manufacturers to make major investments in test facilities and new
equipment.
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 interim final rule
under the provisions of the Regulatory
[[Page 12841]]
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 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 interim final rule.
For these reasons, DOE concludes that the interim final rule would
not have a significant economic impact on a substantial number of small
entities, and has sent a certification to this effect to the SBA.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking.
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) or 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 interim final rule, DOE is adopting 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 interim
final rule and determined that it would not preempt State law and would
not have a substantial direct effect on the States, the relationship
between the national government and the States, or 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 interim final 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 interim final rule meets the relevant standards
of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. For a 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
[[Page 12842]]
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish estimates of the resulting costs, benefits,
and other effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA
also requires a Federal agency to develop an effective process to
permit timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant intergovernmental mandate.''
UMRA requires an agency plan for giving notice and opportunity for
timely input to potentially affected small governments before
establishing any requirements that might significantly or uniquely
affect such governments. On March 18, 1997, DOE published a statement
of policy on its process for intergovernmental consultation under UMRA.
62 FR 12820. (The policy is also available at http://www.gc.doe.gov.)
Today's interim final rule contains neither an intergovernmental
mandate nor a mandate that may result in an expenditure of $100 million
or more in any year, so these requirements do not apply.
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 interim final rule would have no impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this 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 rule and concluded that it is consistent with
applicable policies in the OMB and DOE guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
a Statement of Energy Effects for any 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is 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 interim final rule as a significant energy action.
Therefore, it is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91), DOE
must comply with section 32 of the Federal Energy Administration Act of
1974 (Pub. L. 93-275), as amended by the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub. L. 95-70) (15 U.S.C. 788).
Section 32 essentially provides that, where a 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 interim final rule incorporates testing methods contained in
sections 4 and 5 (paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), 5.2, and 5.3)
of the commercial standard, IEC Standard 62301 (First Edition). 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 and will address any
concerns when it publishes a response to the public comments on this
interim final rule.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
V. Public Participation
DOE will accept comments, data, and information regarding the
interim final rule no later than the date provided in the DATES section
at the beginning of this rule. Interested parties may submit comments
using any of the methods described in the ADDRESSES section at the
beginning of this rule.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is
[[Page 12843]]
restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via e-mail, hand delivery, or mail. Comments
and documents submitted via e-mail, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, e-
mail address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Email submissions are
preferred. If you submit via mail or hand delivery, please provide all
items on a CD, if feasible. It is not necessary to submit printed
copies. No facsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
e-mail, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via e-mail or on a CD, if feasible. DOE will
make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (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 has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which 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.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's interim
final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental Relations, Small
businesses.
Issued in Washington, DC, on February 23, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, part 430 of chapter II of
title 10, Code of Federal Regulations, is amended as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
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.
* * * * *
Sec. 430.3 [Amended]
0
3. Section 430.3 is amended in paragraph (l)(1) by adding the words
``Appendix I,'' after the words ``Appendix F,''.
0
4. 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
representative of average consumer use of the product, even if the test
conditions and procedures may not be identical to average consumer use
(for example, specified display times). If a product contains energy
consuming components that operate differently during the prescribed
testing than they would during representative average consumer use, and
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. For example, the energy use of a component
in a product (such as display wattage) may not vary predictably as a
function 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.
* * * * *
[[Page 12844]]
0
5. Appendix I to Subpart B of Part 430 is amended:
0
a. By adding a note after the heading;
0
b. By revising section 1. Definitions;
0
c. In section 2. Test Conditions, by:
0
i. Revising sections 2.2.1, 2.5, and 2.6;
0
ii. Adding new sections 2.1.3, 2.2.1.1, 2.2.1.2, 2.5.1, 2.5.2, and
2.9.1.3; and
0
d. In section 3. Test Methods and Measurements, by:
0
1. Revising sections 3.1.1, 3.1.1.1, and 3.1.2; and
0
2. Adding new sections 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: The procedures and calculations in this Appendix need not
be performed to determine compliance with energy conservation
standards for conventional ranges, conventional cooking tops,
conventional ovens, and microwave ovens at this time. However, any
representation related to standby mode and off mode energy
consumption of these products made after September 6, 2011 must be
based upon results generated under this test procedure, consistent
with the requirements of 42 U.S.C. 6293(c)(2). After July 1, 2010,
however, when DOE adopts an energy conservation standard that
incorporates standby mode and off mode energy consumption, and upon
the compliance date for such standards, compliance with the
applicable provisions of this test procedure will also be required.
Future revisions may add relevant provisions for measuring active
mode in microwave ovens.
* * * * *
1. Definitions
1.1 Active mode means a mode in which a conventional cooking
top, conventional oven, conventional range, or microwave oven is
connected to a mains power source, has been activated, and is
performing the main function of producing heat by means of a gas
flame, electric resistance heating, or microwave energy. Delay start
mode is a one off user-initiated short duration function that is
associated with an active mode.
1.2 Built-in means the product is supported by surrounding
cabinetry, walls, or other similar structures.
1.3 Drop-in means the product is supported by horizontal surface
cabinetry.
1.4 Forced convection means a mode of conventional oven
operation in which a fan is used to circulate the heated air within
the oven compartment during cooking.
1.5 Freestanding means the product is not supported by
surrounding cabinetry, walls, or other similar structures.
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 June 2005). (incorporated by reference, see
Sec. 430.3)
1.7 Normal nonoperating temperature means the temperature of all
areas of an appliance to be tested are within 5 [deg]F (2.8 [deg]C)
of the temperature that the identical areas of the same basic model
of the appliance would attain if it remained in the test room for 24
hours while not operating with all oven doors closed and with any
gas pilot lights on and adjusted in accordance with manufacturer's
instructions.
1.8 Off mode means a mode in which a conventional cooking top,
conventional oven, conventional range, or microwave oven is
connected to a mains power source and is not providing any active
mode or standby mode function and where the mode may persist for an
indefinite time. An indicator that only shows the user that the
product is in the off position is included within the classification
of an off mode.
1.9 Primary energy consumption means either the electrical
energy consumption of a conventional electric oven or the gas energy
consumption of a conventional gas oven.
1.10 Secondary energy consumption means any electrical energy
consumption, other than clock energy consumption, of a conventional
gas oven.
1.11 Standard cubic foot (L) of gas means that quantity of gas
that occupies 1 cubic foot (L) when saturated with water vapor at a
temperature of 60 [deg]F (15.6 [deg]C) and a pressure of 30 inches
of mercury (101.6 kPa) (density of mercury equals 13.595 grams per
cubic centimeter).
1.12 Standby mode means any mode in which a conventional cooking
top, conventional oven, conventional range, or 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: (a) To facilitate the activation of other
modes (including activation or deactivation of active mode) by
remote switch (including remote control), internal sensor, or timer;
(b) 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 allows for regularly scheduled tasks and that operates
on a continuous basis.
1.13 Thermocouple means a device consisting of two dissimilar
metals which are joined together and, with their associated wires,
are used to measure temperature by means of electromotive force.
1.14 Symbol usage. The following identity relationships are
provided to help clarify the symbology used throughout this
procedure.
A--Number of Hours in a Year
B--Number of Hours Pilot Light Contributes to Cooking
C--Specific Heat
E--Energy Consumed
Eff--Cooking Efficiency
H--Heating Value of Gas
K--Conversion for Watt-hours to Kilowatt-hours
Ke--3.412 Btu/Wh, Conversion for Watt-hours to Btu's
M--Mass
n--Number of Units
O--Annual Useful Cooking Energy Output
P--Power
Q--Gas Flow Rate
R--Energy Factor, Ratio of Useful Cooking Energy Output to Total
Energy Input
S--Number of Self-Cleaning Operations per Year
T--Temperature
t--Time
V--Volume of Gas Consumed
W--Weight of Test Block
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. For conventional range, conventional
cooking top, and conventional oven standby mode and off mode
testing, maintain the electrical supply frequency at 60 hertz 1 percent. 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 standby mode and off
mode testing, maintain the electrical supply voltage waveform as
indicated in Section 4, Paragraph 4.4 of IEC 62301 (incorporated by
reference; see Sec. 430.3).
* * * * *
2.5 Ambient room air temperature.
2.5.1 Active mode ambient room air temperature. During the
active mode test, maintain an ambient room air temperature,
TR, of 77 [deg] 9 [deg]F (25 [deg] 5 [deg]C) for conventional ovens and cooking tops, as
measured at least 5 feet (1.5 m) and not more than 8 feet (2.4 m)
from the nearest surface of the unit under test and approximately 3
feet (0.9 m) above the floor. The temperature shall be measured with
a thermometer or temperature indicating system with an accuracy as
specified in section 2.9.3.1.
2.5.2 Standby mode and off mode ambient temperature. For standby
mode and off mode testing, maintain room ambient air temperature
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301
(incorporated by reference; see Sec. 430.3).
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
[[Page 12845]]
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 25 5 percent of the maximum energy
input rate. After 15 0.1 minutes at the reduced energy
setting, turn off the surface unit under test.
* * * * *
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
section 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
3:23 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 after an additional stabilization period until the clock time
reaches 3:33. 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. 2011-5044 Filed 3-8-11; 8:45 am]
BILLING CODE 6450-01-P