Energy Conservation Program for Consumer Products: Test Procedure for Microwave Ovens, 62134-62146 [E8-23857]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Proposed Rules]
[Pages 62134-62146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23857]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0011]
RIN: 1904--AB78


Energy Conservation Program for Consumer Products: Test Procedure 
for Microwave Ovens

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to amend its test 
procedures for microwave ovens under the Energy Policy and Conservation 
Act to provide for the measurement of standby mode and off mode power 
use by microwave ovens. The proposed amendments would incorporate into 
the DOE test procedure provisions from the International 
Electrotechnical Commission's Standard 62301, Household electrical 
appliances[m<dash]Measurement of standby power, First 
Edition 2005-06, as well as language to clarify application of these 
provisions for measuring standby mode and off mode power in microwave 
ovens. The proposed amendments would also correct a technical error in 
the calculation of microwave test cooking energy output. DOE will hold 
a public meeting to discuss and receive comments on the issues 
presented in this notice.

DATES: DOE will accept comments, data, and information regarding the 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than December 31, 2008. For details, see section 
V, ``Public Participation'', of this NOPR.
    DOE will hold a public meeting on Friday, November 14, 2008, from 9 
a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak 
at the public meeting before 4 p.m., Friday, October 31, 2008. DOE must 
receive a signed original and an electronic copy of statements to be 
given at the public meeting before 4 p.m., Friday, November 7, 2008.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. To attend the public meeting, please notify 
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign 
nationals visiting DOE Headquarters are subject to advance security 
screening procedures. Any foreign national wishing to participate in 
the meeting should advise DOE as soon as possible by contacting Ms. 
Edwards to initiate the necessary procedures.
    Any comments submitted must identify the NOPR on Test Procedures 
for Microwave Ovens, and provide the docket number EERE-2008-BT-TP-0011 
and/or regulatory information number (RIN) 1904-AB78. Comments may be 
submitted using any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: MicroOven-2008-TP-0011@ee.doe.gov. Include docket number 
EERE-2008-BT-TP-0011 and/or RIN 1904-AB78 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,

[[Page 62135]]

Washington, DC 20585-0121. Please submit one signed original paper 
copy.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza, 
SW., Washington, DC 20024. Telephone: (202) 586-2945. Please submit one 
signed original paper copy.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V (Public 
Participation) of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, 6th Floor, 950 
L'Enfant Plaza, SW., Washington, DC, 20024, (202) 586-2945, between 9 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please 
call Ms. Brenda Edwards at the above telephone number for additional 
information about visiting the Resource Room. Please note: DOE's 
Freedom of Information Reading Room no longer houses rulemaking 
materials.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S. Department 
of Energy, Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Tel.: (202) 586-7463. E-mail: 
Stephen.Witkowski@ee.doe.gov.
    Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy, 
Office of the General Counsel, GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Tel.: (202) 586-9507. E-mail: 
Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Legal Authority
II. Summary of the Proposal
III. Discussion
    A. Products Covered by This Test Procedure Rulemaking
    B. Effective Date for the Test Procedure
    C. Measures of Energy Consumption
    D. Incorporating by Reference IEC Standard 62301 First Edition 
2005-06 for Measuring Standby Mode and Off Mode Power in Microwave 
Ovens
    E. Definitions of ``Active Mode'', ``Standby Mode'', and ``Off 
Mode''
    F. Specifications for the Test Methods and Measurements for 
Microwave Oven Standby Mode and Off Mode Testing
    G. Technical Correction for the Microwave Oven Test Cooking 
Energy Output
    H. Compliance With Other EPCA Requirements
IV. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
(FEA) Act of 1974
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests to Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
    1. Energy Descriptor
    2. Incorporation of IEC Standard 62301
    3. Test Cycle
    4. Technical Correction
VI. Approval of the Office of the Secretary

I. Background and Legal Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; EPCA or the Act) sets forth a variety of provisions designed 
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles'' for consumer products, including microwave 
ovens, the subject of today's notice. (42 U.S.C. 6291(1)-(2) and 
6292(a)(10))
    Under the Act, this program consists essentially of three parts: 
testing, labeling, and establishing Federal energy conservation 
standards. The testing requirements consist of test procedures that 
manufacturers of covered products must use to certify to DOE that their 
products comply with energy conservation standards adopted under EPCA 
and for representing the efficiency of their products, and that DOE 
must use to determine whether the products comply with EPCA standards. 
Section 323 of EPCA (42 U.S.C. 6293) sets forth criteria and procedures 
for DOE's adoption and amendment of such test procedures. It states, 
for example, that ``[a]ny test procedures prescribed or amended under 
this section shall be reasonably designed to produce test results which 
measure energy efficiency, energy use, * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, as determined by the Secretary [of Energy], and 
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them, 
with a comment period no less than 60 or more than 270 days. (42 U.S.C. 
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE 
must determine ``to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency * * * of any covered product 
as determined under the existing test procedure.'' (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    DOE's test procedure for microwave ovens appears at appendix I to 
subpart B of Title 10 of the Code of Federal Regulations (CFR). That 
test procedure, the only one DOE has promulgated for microwave ovens, 
was part of an October 3, 1997, final rule that also revised the test 
procedures for other cooking products to measure their efficiency and 
energy use more accurately. 62 FR 51976. The microwave oven test 
procedure incorporates portions of the International Electrotechnical 
Commission (IEC) Standard 705-1998 and Amendment 2-1993, Methods for 
Measuring the Performance of Microwave Ovens for Households and Similar 
Purposes, and measures microwave oven cooking efficiency, but does not 
address energy use in the standby or off modes. Id.
    As part of DOE's current rulemaking concerning energy conservation 
standards for commercial clothes washers and residential cooking 
products, including microwave ovens (hereafter referred to as the 
appliance standards rulemaking), DOE held a public meeting on April 27, 
2006, to present its Framework Document for that rulemaking \1\ and to 
receive comments from stakeholders. 71 FR 15059 (March 27, 2006). 
Participants at the April 2006 public meeting included energy and 
environmental groups, as well as appliance manufacturers and trade 
groups. In the Framework Document, DOE stated that it did not

[[Page 62136]]

intend to amend the cooking products test procedure, which includes 
testing procedures for microwave ovens. (Framework Document, No. 4.3 at 
p. 4) \2\
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    \1\ A copy of the Framework Document, ``Rulemaking Framework for 
Commercial Clothes Washers and Residential Dishwashers, 
Dehumidifiers, and Cooking Products,'' can be found on DOE's website 
at https://www.eere.energy.gov/buildings/appliance_standards/pdfs/
home_appl_framework_31506.pdf . This rulemaking originally 
included residential dishwashers and dehumidifiers, but they are no 
longer part of the rulemaking, because Congress subsequently set 
prescriptive standards for those products.
    \2\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop standards for 
appliance products (Docket No. EE-2006-STD-0127), maintained in the 
Resource Room of the Building Technologies Program. This notation 
indicates that the statement preceding the reference was made in 
DOE's Framework Document, which is document number 4.3 in the 
docket, and appears at page 4 of that document.
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    The American Council for an Energy-Efficient Economy (ACEEE) 
commented that the use of standby power needs to be considered for all 
cooking products. (ACEEE, Public Meeting Transcript, No. 5 at p. 91) 
\3\ The Association of Home Appliance Manufacturers (AHAM) recognized 
that standby power consumption is essentially already included in the 
test procedure for ovens and cooktops; however, for microwave ovens, a 
test procedure revision to include standby power would be required. 
(AHAM, Public Meeting Transcript, No. 5 at p. 92)
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    \3\ This notation identifies an oral comment (1) made by 
American Council for an Energy-Efficient Economy (ACEEE) during the 
April 27, 2006, Framework public meeting in the standards 
rulemaking, (2) recorded in document number 5, which is the public 
meeting transcript that is filed in the docket of that rulemaking, 
and (3) which appears on page 91 of document number 5.
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    AHAM provided test data on microwave standby power for a sample of 
21 microwave ovens available on the U.S. market. For the AHAM 
submission, standby power was tested in accordance with IEC Standard 
62301, Household electrical appliances--Measurement of standby power, 
First Edition 2005-06 (IEC Standard 62301). DOE supplemented the data 
provided by AHAM by purchasing a representative sample of 32 microwave 
ovens and measuring the standby power consumption, also according to 
IEC Standard 62301. Both sets of data showed a wide range of standby 
power use. Based on an average annual useful cooking energy output of 
79.8 kilowatt-hours (kWh) (according to the DOE test procedure) and a 
baseline microwave oven cooking efficiency of 55.7 percent, each watt 
of standby power represents an additional 8.76 kWh per year, or 6 
percent of the annual cooking energy consumption. 72 FR 64432, 64441 
(Nov. 15, 2007).
    In the November 15, 2007, advance notice of proposed rulemaking 
(ANOPR) (hereafter referred to as the November 2007 ANOPR) regarding 
energy conservation standards for kitchen ranges and ovens and 
commercial clothes washers, DOE concluded that energy consumption by 
microwave ovens in the standby mode represents a significant portion of 
microwave ovens' energy use, and that a standard regulating such energy 
consumption would likely have significant energy savings. 72 FR 64432, 
64441-42. DOE further stated that to include standby power in an 
efficiency standard for microwave ovens', it needed to modify its test 
procedure for this product. Id.
    On December 13, 2007, DOE held a public meeting to receive and 
discuss comments on the November 2007 ANOPR (hereafter referred to as 
the December 2007 public meeting). At the December 2007 public meeting, 
DOE presented for discussion the possibility that test standard IEC 
Standard 62301 could be incorporated by reference into DOE's microwave 
oven test procedure to measure standby power. DOE also discussed 
clarifications to the IEC Standard 62301 test conditions at the 
December 2007 public meeting, including a requirement that if the 
measured power is not stable, the standby mode power test would be run 
for a period of 12 hours, with an initial clock setting of 12 a.m. DOE 
stated that this would permit more accurate measurement of average 
standby power consumption. DOE sought comment on these points from 
stakeholders. As discussed below, several stakeholders provided 
comments.
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007; Pub. L. 110-140) was enacted. The EISA 2007 amendments 
to EPCA (section 310) require DOE to amend the test procedures for 
covered products to address standby mode and off mode energy 
consumption. The EISA 2007 amendments direct DOE to amend the test 
procedures to integrate such energy consumption into the energy 
descriptor for that product. If that is technically infeasible, DOE 
must instead prescribe a separate standby mode and off mode energy use 
test procedure if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any 
such amendment must consider the most current versions of IEC Standards 
62301 and 62087. Id. For microwave ovens, DOE must prescribe any such 
amendment by March 31, 2011. (42 U.S.C. 6295(gg)(2)(B)(vi))
    The amended test procedure proposed in today's notice is expected 
to be used in future microwave oven energy conservation standards that 
are the subject of a concurrent rulemaking. The National Appliance 
Energy Conservation Act of 1987 (NAECA; Pub. L. 100-12), which amended 
EPCA, established prescriptive standards for cooking products, although 
no standards were established for microwave ovens. The NAECA amendments 
also required DOE to conduct two cycles of rulemakings to determine 
whether to revise the standard. DOE undertook the first cycle of these 
rulemakings and issued a final rule on September 8, 1998 (63 FR 48038), 
which found that no standards were justified for electric cooking 
products, including microwave ovens. DOE is currently in the second 
cycle of rulemakings required by the NAECA amendments to EPCA. (42 
U.S.C. 6295(h)(2))
    The EISA 2007 amendments to EPCA also direct DOE to incorporate 
standby and off mode energy use into any final rule establishing or 
revising a standard for a covered product adopted after July 1, 2010. 
(42 U.S.C. 6295(gg)(3)) Although DOE anticipates publishing the final 
rule revising energy conservation standards for microwave ovens by 
March 31, 2009, and is, thus, not required under EPCA to include 
standby and off mode power in amended standards, DOE intends to propose 
microwave oven standards addressing standby and off mode power for the 
reasons discussed above.

II. Summary of the Proposed Rule

    In today's notice of proposed rulemaking (NOPR), DOE proposes 
amending its test procedures for microwave ovens to: (1) provide a 
foundation for DOE to develop and implement energy conservation 
standards that address use of standby mode and off mode power by this 
product; and (2) address the statutory requirement to expand test 
procedures to incorporate a measure of standby mode and off mode power 
consumption. The following section summarizes these proposed changes.
    In this NOPR, DOE proposes to incorporate by reference into the 
microwave oven test procedure specific clauses from IEC Standard 62301 
regarding test conditions and testing procedures for measuring the 
average standby mode and average off mode power consumption. DOE also 
proposes to incorporate into the microwave oven test procedure the 
definitions of ``active mode,'' ``standby mode,'' and ``off mode'' that 
are set forth in the EISA 2007 amendments to EPCA. (42 U.S.C. 
6295(gg)(1)(A)) DOE is further proposing language that would clarify 
the application of clauses from IEC Standard 62301 for measuring 
standby mode and off mode power. Specifically, DOE is proposing to 
define the test duration for cases in which the measured power is not 
stable (i.e., varies over a cycle), recognizing that the power 
consumption of microwave oven

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displays can vary based on the clock time being displayed. Finally, DOE 
is proposing a technical correction to the equation for calculating the 
microwave oven test cooking energy output which, as currently stated in 
the test procedure, produces a value with incorrect units.
    The EISA 2007 amendments to EPCA direct DOE to amend the microwave 
oven test procedure to integrate energy consumption in standby mode and 
off mode into the overall energy descriptor. (42 U.S.C. 6295(gg)(2)(A)) 
If that is technically infeasible, DOE must instead prescribe a 
separate standby mode and off mode energy use test procedure, if 
technically feasible. Id. DOE believes that it is not technically 
feasible to integrate standby mode and off mode power consumption into 
the existing microwave oven efficiency metric for the reasons outlined 
in section III.C. Therefore, DOE is proposing in today's notice to 
provide separate descriptors for standby mode and off mode power for 
microwave ovens.
    As noted above, EPCA requires that DOE determine whether a proposed 
test procedure amendment would alter the measured efficiency of a 
product, and thereby require adjustment of existing standards. (42 
U.S.C. 6293(e)) Since there are no Federal energy conservation 
standards for microwave ovens (including energy use in the standby and 
off modes), such requirement does not apply to this rulemaking.
    Finally, DOE recognizes that the EISA 2007 amendments to EPCA also 
require the test procedure for ``kitchen ranges and ovens'' (i.e., 
conventional cooking products) be amended by March 31, 2011, to include 
standby mode and off mode energy consumption. (42 U.S.C. 
6295(gg)(2)(B)(vi)) However, DOE is not proposing to amend the test 
procedures at this time for any other class of kitchen ranges and ovens 
(i.e., conventional cooking products) as part of this rulemaking. DOE 
does not have standby mode or off mode power data for conventional 
cooking products to enable it to determine what changes would be 
required in the test procedures for those products. DOE intends to 
conduct a subsequent, separate rulemaking to amend the test procedures 
for these other classes of kitchen ranges and ovens, for which a final 
rule would be published by March 2011.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

    The purpose of this proposal is to amend the test procedures for 
kitchen ranges and ovens to include test procedures for the measurement 
of standby mode and off mode power use for microwave ovens. DOE defines 
``microwave oven'' as ``a class of kitchen ranges and ovens which is a 
household cooking appliance consisting of a compartment designed to 
cook or heat food by means of microwave energy.'' 10 CFR 430.2 The 
proposed amendments cover all microwave ovens for which the primary 
source of heating energy is electromagnetic (microwave) energy, 
including microwave ovens with or without thermal elements designed for 
surface browning of food. The proposal does not address combination 
ovens (i.e., ovens consisting of a single compartment in which 
microwave energy and one or more other technologies, such as thermal or 
halogen cooking elements or convection systems, contribute to cooking 
the food). The proposal also does not cover the type of cooking 
appliance classified by DOE regulations as a microwave/conventional 
range, which has separate compartments or components consisting of a 
microwave oven, a conventional oven, and a conventional cooking top. 
Id. DOE requested data on the efficiency characteristics of combination 
ovens in the November 2007 ANOPR, but did not receive any information. 
If this information is made available at a later date, DOE may include 
these products in future proceedings.
    DOE plans to address only the microwave oven test procedure at this 
time, for two reasons. First, DOE does not have standby mode or off 
mode power data for conventional cooking products to enable it to 
determine what changes would be required in the test procedures for 
those products. Second, DOE intends to determine whether a standby 
power standard level for microwave ovens is technologically feasible 
and economically justified in the appliance standards rulemaking. If 
so, the test procedure must be amended to include standby power well in 
advance of the March 31, 2011, deadline specified by EISA 2007. DOE 
will conduct a subsequent separate rulemaking to amend the conventional 
cooking products test procedure in order to meet the March 31, 2011, 
deadline specified by EISA 2007.

B. Effective Date for the Test Procedure

    As indicated above, EPCA requires that the microwave oven test 
procedure be amended to incorporate measurement of standby mode and off 
mode power by March 31, 2011. To the extent possible, when conducting a 
rulemaking to amend its test procedures, DOE strives to finalize an 
amended test procedure before issuing a NOPR for energy conservation 
standards for that product. In this instance, DOE is accelerating the 
schedule for amending its microwave oven test procedure to allow the 
amended test procedure to be used in the concurrent appliance standards 
rulemaking, which would address standby mode and off mode power 
standards for microwave ovens. DOE expects to publish the microwave 
oven test procedure final rule before publishing a final rule in the 
appliance standards rulemaking. The effective date of the modified 
microwave oven test procedure would be three years after the test 
procedure final rule is published, which is expected to be before the 
effective date of the appliance standards rulemaking.

C. Measures of Energy Consumption

    Although there are no current energy conservation standards for 
microwave ovens, the DOE microwave oven test procedure provides for the 
calculation of several measures of energy consumption, including 
cooking efficiency, energy factor (EF), and annual energy consumption. 
Historically, DOE's rulemaking analyses have used EF as the energy 
conservation metric for microwave ovens.\4\ (10 CFR 430.23(i)(4))
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    \4\ According to the DOE test procedure, microwave oven EF is 
defined as the ratio of (Annual Useful Cooking Energy Output / 
Annual Total Energy Consumption) (10 CFR 430, subpart B, appendix 
I), which is equivalent to microwave cooking efficiency (Test Energy 
Output / Test Energy Consumption) (10 CFR 430.23 (i)(2)).
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    Section 325(gg)(2)(A) of EPCA directs that the ``[t]est procedures 
for all covered products shall be amended pursuant to section 323 to 
include standby mode and off mode energy consumption, taking into 
consideration the most current versions of Standards 62301 and 62087 of 
the International Electrotechnical Commission, with such energy 
consumption integrated into the overall energy efficiency, energy 
consumption, or other energy descriptor for each covered product, 
unless the Secretary determines that--(i) the current test procedures 
for a covered product already fully account for and incorporate the 
standby mode and off mode energy consumption of the covered product; or 
(ii) such an integrated test procedure is technically infeasible for a 
particular covered product, in which case the Secretary shall prescribe 
a separate standby mode and off mode energy use test procedure for the 
covered product, if technically feasible.'' (42 U.S.C. 6295(gg)(2)(A)) 
DOE's microwave oven test procedure does not currently account for 
standby

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mode and off mode energy consumption. Therefore, DOE evaluated the 
overall energy efficiency descriptor--EF--to determine whether it could 
be modified to include standby mode and off mode energy consumption.
    The current test procedure measures the amount of energy required 
to raise the temperature of 1 kilogram of water by 10 degrees Celsius 
under controlled conditions. The ratio of usable output power over 
input power describes the EF, which is also a measure of the cooking 
efficiency. As discussed above, DOE sampled 32 microwave ovens, and 
AHAM independently tested 21 additional units, for a total of 53 
microwave ovens. The data from cooking tests on these units show a 
cooking efficiency range from 55 percent to 62 percent. Reverse 
engineering conducted by DOE as part of the appliance standards 
rulemaking attempted to identify design options associated with this 
variation in cooking efficiency. Although design options among various 
microwave ovens were found to be highly standardized, DOE was unable to 
correlate specific design options or other features such as cavity size 
or output power with cooking efficiency.
    DOE also observed significant variability in the cooking efficiency 
measurements obtained using the DOE microwave oven test procedure for 
the 53 units tested by DOE and AHAM. The data show test-to-test 
variability of several EF percentage points for a given microwave oven 
(i.e., where a given combination of design options could be assigned to 
a number of trial standard levels (TSLs), depending upon the test 
results). DOE was also unable to ascertain why similarly designed, 
equipped, and constructed microwave ovens showed varying EFs and, 
hence, annual energy consumption. DOE further notes that manufacturers 
stated during interviews that the water used in the test procedure is 
not representative of an actual food load. One manufacturer stated, for 
example, that this could result in different microwave ovens being 
rated at the same energy efficiency even though true cooking 
performance is different. DOE believes that it is infeasible to specify 
a food load in the test procedure at this time, because it will require 
significant revisions and comments from stakeholders to understand what 
a representative food load is and how to ensure consistency in food 
properties from test to test.
    DOE explored whether it would be technically feasible to combine 
the energy efficiency during the cooking cycle (per-use) with standby 
mode and off mode energy use (over time) to form a single metric, as 
required by EISA 2007. (42 U.S.C. 6295(gg)(2)(A)) The existing measure 
of microwave overall energy efficiency measures the efficiency of 
heating a sample of water over a period of seconds. In contrast, 
standby mode and off mode energy consumption is a measure of the amount 
of energy used over a period of multiple hours while not performing the 
function of heating a load. DOE finds that an overall energy efficiency 
that combines the two values is representative of neither the energy 
efficiency of the microwave oven for a very short period of use (as is 
the case with the EF) nor the efficiency of the microwave oven over an 
extended period of time.
    DOE notes that certain test procedures do combine a measure of 
cycle efficiency and standby energy use to derive an overall energy 
efficiency measure (e.g., gas kitchen ranges and ovens incorporate 
pilot gas consumption in EF, electric ovens include clock power in EF, 
and gas dryers include pilot gas consumption in EF). However, DOE 
believes that the combined measure of energy efficiency is a meaningful 
measure when the difference in energy use between the primary function 
of those products and the standby power is so large that the standby 
power has little impact on the overall measure of energy efficiency, or 
the combined efficiency is based on energy use of the primary energy 
function and standby power over the same period (e.g., annual or 
seasonal). In the case of microwave ovens, the energy consumption 
associated with standby mode is a significant fraction of the overall 
energy use. DOE notes, for example, that depending on the cooking 
efficiency and standby power, the rank ordering of two microwave ovens 
based on EF alone could reverse if standby power were factored in, 
depending on the values of cooking energy use and standby power.\5\ 
Therefore, given the similar magnitudes of microwave oven annual energy 
consumption associated with these two disparate and largely 
incompatible metrics that are measured over very different time 
periods, DOE questioned whether it would be technically feasible to 
incorporate EF and standby power into a combined energy efficiency 
metric that produces a meaningful result.
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    \5\ For example, two units among the microwave ovens tested by 
AHAM, each with 1000 W of input power, will be designated Unit A and 
Unit B for the purposes of this illustration. The EF of Unit A was 
measured by AHAM according to the current DOE test procedure as 55.7 
percent, while the EF of Unit B was measured as 57.3 percent. The 
standby power of Unit A, however, was measured as 1.7 W, compared to 
the 4.4 W of standby power for Unit B. If a combined EF (``CEF'') 
were to be calculated by adding the annual standby energy use to the 
annual cooking energy consumption, this CEF for Unit A would be 50.5 
percent, while the CEF for Unit B would be 45.0 percent, thereby 
reversing the rankings of the two microwave ovens according to their 
energy descriptor.
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    To explore standby mode and off mode power, DOE tested 32 sample 
units using the current IEC Standard 62301 standby test procedure and 
recorded a standby power range of about 1.2 W to 5.8 W (with less than 
0.5 percent test-to-test deviation). DOE observed no off mode power 
consumption for the microwave ovens in its test sample, and DOE's 
research suggests that no other microwave ovens available in the United 
States consume energy in an off mode.\6\ Thus, DOE focused its 
investigations on standby mode. Data suggested correlations between 
specific features and standby power, thereby providing the basis for a 
cost-efficiency curve. However, for the reasons stated above about 
combining a per-cycle efficiency with standby power over a long period 
of time, as well as due to the observed test variability in the cooking 
efficiency results, DOE is concerned that an overall measure of cooking 
efficiency that combines cooking and standby energy cannot produce test 
results that measure energy efficiency or energy use of microwave ovens 
in a reasonable and repeatable manner. An ``average'' microwave runs 
8,689 hours in standby mode per year. Based on the standby power range 
measured by DOE and AHAM, standby power consumption represents a 
relatively large component of total annual energy consumption. At the 
efficiency baseline from the analysis conducted for the previous 
cooking products rulemaking, as discussed in the 1996 Technical Support 
Document for Residential Cooking Products, (which was also observed in 
the test sample), the observed range of annual energy consumption due 
to cooking (14.2 kWh) is equivalent to approximately 2 W of standby 
power.
---------------------------------------------------------------------------

    \6\ A microwave oven is considered to be in ``off mode'' if it 
is plugged in to a main power source, is not being used for an 
active function such as cooking or defrosting, and is consuming 
power for features other than a display, cooking sensor, controls 
(including a remote control), or sensors required to reactivate it 
from a low power state. For example, a microwave oven with 
mechanical controls and no display or cooking sensor that consumed 
power for components such as a power supply when the unit was not 
activated would be considered to be in off mode. Note that DOE 
believes there are no longer any such microwave ovens with 
mechanical controls on the market, and, in fact, is not aware of any 
microwave ovens currently available that can operate in off mode.
---------------------------------------------------------------------------

    DOE also explored whether the existing test procedure's measure of

[[Page 62139]]

annual energy consumption could be modified to be a combined energy 
efficiency descriptor for microwave ovens, despite the fact that EF has 
historically been used in energy conservation rulemakings as the energy 
efficiency descriptor. For the reasons articulated here, DOE has 
tentatively concluded that neither approach meets the statutory 
standard for a combined metric.
    In light of the above, DOE believes that, although it may be 
mathematically possible to combine energy consumption into a single 
metric encompassing active (cooking), standby, and off modes, it is not 
technically feasible to do so at this time, because of the high 
variability in the current cooking efficiency measurement from which 
the active mode EF and annual energy consumption are derived and 
because of the significant contribution of standby power to overall 
microwave oven energy use. Given DOE's recent research, there is 
concern that cooking efficiency results for microwave ovens would not 
be meaningful, so incorporation of such results in a combined metric 
similarly would not be expected to be meaningful. Inherent in a 
determination of technical feasibility under EISA 2007 for a combined 
metric for active, standby, and off mode energy consumption is an 
expectation that the results would be meaningful. Accordingly, for the 
purposes of this notice, DOE is not proposing to incorporate standby 
and off modes with active mode into a combined metric, but is instead 
proposing a separate metric to measure standby power, as provided for 
by EISA 2007 in cases where it is technically infeasible to incorporate 
standby and off modes into a combined energy conservation metric.\7\ 
(42 U.S.C. 6295(gg)(3)(B))
---------------------------------------------------------------------------

    \7\ DOE notes that if a microwave oven standard is established 
based on standby power alone, measurable energy savings would 
certainly be achieved. If, however, standby power were to be 
combined with cooking efficiency, it is conceivable that many 
microwave ovens could already comply with the standard without 
reducing standby power, since the annual energy consumption due to 
standby power is on the same order as that associated with the 
variability in EF.
---------------------------------------------------------------------------

    Although it may not be technically feasible to develop a combined 
metric for microwave ovens today, it may be possible to do so in the 
future, provided that each is measured on a consistent basis (i.e., kWh 
per year apportioned to each mode) so that the results are meaningful 
and comparable. In this vein, DOE notes the need to develop a test 
procedure that addresses the high-variability concerns with its current 
cooking efficiency measure. DOE understands that IEC, AHAM, 
manufacturers, and others are exploring whether a test procedure can be 
developed that responds to the concerns DOE has raised. DOE expects to 
evaluate potential future test procedures to determine whether any 
address the concerns discussed above and meet the requirements of 
section 325(gg) of the Act, thereby making them suitable candidates for 
use in amending the DOE test procedure. If such test procedures are 
developed, DOE will consider a combined measure of microwave oven 
energy efficiency in a future rulemaking.

D. Incorporating by Reference IEC Standard 62301 First Edition 2005-06 
for Measuring Standby Mode and Off Mode Power in Microwave Ovens

    As discussed in section I of this notice, DOE received comments in 
response to the Framework Document that it should revise the microwave 
oven test procedure to address standby power. In response to these 
comments, DOE investigated existing test methods that could be 
incorporated by reference for measuring standby power in microwave 
ovens. DOE also investigated test methods for measuring off mode power 
in microwave ovens.
    As noted previously, EPCA, as amended by EISA 2007, requires that 
test procedures ``shall be amended pursuant to section 323 to include 
standby mode and off mode energy consumption, taking into consideration 
the most current versions of Standards 62301 and 62087 of the 
International Electrotechnical Commission.* * *'' (42 U.S.C. 
6295(gg)(2)(A)) DOE noted that IEC Standard 62301 provides for the 
measurement of standby power in electrical appliances, including 
microwave ovens, and, thus, is applicable to the proposed amendments to 
the test procedure. DOE also reviewed IEC Standard 62087, which 
specifies methods of measurement for the power consumption of TV 
receivers, VCRs, set top boxes, audio equipment, and multi-function 
equipment for consumer use. IEC Standard 62087 does not, however, 
include measurement for the power consumption of electrical appliances 
such as microwave ovens. Therefore, DOE determined that IEC Standard 
62087 was not suitable for the proposed amendments to the microwave 
oven test procedure for this rulemaking.
    The microwave oven standby power data that AHAM provided to DOE 
were based on measurements of standby power in accordance with IEC 
Standard 62301, as were the data DOE gathered in response to 
stakeholder comments on the Framework Document. DOE conducted a test 
program to analyze the suitability of IEC Standard 62301 for 
incorporation into the DOE microwave oven test procedure. Specifically, 
DOE sought to determine whether the IEC Standard 62301 test conditions 
and procedures would be suitable for incorporation into the DOE test 
procedure for microwave ovens to measure standby mode power use. Test 
data suggest that, with additional specifications added for test cycle 
duration and starting clock time, IEC Standard 62301 is indeed suitable 
for inclusion in the DOE test procedure for that purpose.
    In reviewing alternative standby power test procedures for 
potential amendments to the DOE test procedure, DOE investigated both 
testing conditions and testing methods specified in the test procedures 
used by countries considered to be international leaders in reducing 
standby power consumption. The Japanese Electrical Manufacturers' 
Association (JEMA), which has been involved with Japan's Top Runner 
program,\8\ indicated that the test procedure it uses resembles IEC 
Standard 62301 for standby testing of microwave ovens. In a March 2008 
conversation with DOE, JEMA stated that the test procedure involves 
connecting the microwave oven to the power supply (without cooking), 
confirming that there is no change in the power supply (stable state), 
then measuring power consumption for one hour. Korea's e-Standby 
Program \9\ uses a microwave oven test procedure in which a water load 
is heated for two minutes, and then the water load is removed, and the 
door is closed. After 30 minutes, the average standby power is measured 
over a 1-hour period. Thirty minutes later, the test is repeated, and 
the two standby power measurements are averaged.\10\
---------------------------------------------------------------------------

    \8\ Japan's Energy Conservation Act uses a ``top runner'' method 
to set energy efficiency targets for residential, commercial, and 
transportation sector equipment. Target values for future products 
are set based on the level of the most energy efficient products on 
the market at the time of the value setting process (i.e., the ``top 
runners''). For more information, visit https://www.eccj.or.jp/
index_e.html.
    \9\ Korea's e-Standby Program is a voluntary labeling program 
designed to promote the reduction of standby power consumption in 
home and office products. For more information, visit https://
www.kemco.or.kr/. (English translation not available yet at the time 
the notice was written.)
    \10\ KEMCO publication, ``e-Standby Program Application 
Regulation,'' February 2007, pp. 48-49. Available online at https://
www.apec-esis.org/library/Korea_eStandby_Program_20070209.pdf.
---------------------------------------------------------------------------

    Although DOE recognizes the merits of these alternative standby 
power test procedures, DOE believes that IEC Standard 62301 still 
provides a more representative average standby power measurement than 
the versions Japan

[[Page 62140]]

and Korea use because of the variations in power consumption associated 
with clock time display. DOE is unaware of any other test procedures 
applicable to the measurement of standby power in electrical appliances 
such as microwave ovens. Australia has indicated that it has supported 
the development of and currently uses IEC Standard 62301 for standby 
power testing.\11\
---------------------------------------------------------------------------

    \11\ For information on Australia's Standby Program, visit 
https://www.energyrating.gov.au/standby-background.html.
---------------------------------------------------------------------------

    DOE also considered harmonization of test procedures with 
international standby programs, recognizing that microwave oven 
manufacturers typically supply a global market and, thus, will be 
subject to standby power standards in multiple countries. The 
International Energy Agency (IEA) has raised awareness of standby power 
through publications, international conferences, and policy advice to 
governments. In 1999, the IEA developed the ``1-Watt Plan,'' which 
proposed reducing standby power internationally in electronic devices 
and which advocates that all countries harmonize energy policies and 
adopt the same definition and test procedure.\12\ In addressing 
harmonization, IEA stated that IEC Standard 62301 provides an 
internationally-sanctioned definition and test procedure for standby 
power, and this is now widely specified and used.\13\ DOE believes that 
incorporating IEC Standard 62301 into the DOE test procedure will 
provide harmonization with most international standards for standby 
power in microwave ovens.
---------------------------------------------------------------------------

    \12\ For more information on IEA's ``1-Watt Plan,'' visit http:/
/www.iea.org/textbase/subjectqueries/standby.asp.
    \13\ IEA, ``Fact Sheet: Standby Power Use and the IEA `1-Watt 
Plan','' April 2007, p. 1. Available online at https://www.iea.org/
textbase/papers/2007/standby_fact.pdf.
---------------------------------------------------------------------------

    Considering these factors, DOE suggested at the December 2007 
public meeting that clauses from IEC Standard 62301 could be 
incorporated by reference into the DOE test procedure to measure 
microwave oven standby power. DOE sought input from stakeholders on 
this suggestion. At that time, DOE did not suggest amendments to 
measure off mode power because the December 2007 public meeting 
predated the requirements promulgated by EISA 2007.
    In response to DOE's presentation, the Appliance Standards 
Awareness Project (ASAP), Natural Resources Defense Council (NRDC), 
Northwest Power and Conservation Council, Northeast Energy Efficiency 
Partnerships, and ACEEE (hereafter ``Joint Comment'') stated in jointly 
filed comments that DOE should modify the oven, cooktop, and microwave 
oven test procedures as necessary to measure not only the clock face 
standby energy use, but any other standby energy use, such as control 
electronics and power supply losses. (Joint Comment, No. 29 at p. 6) 
\14\ In addition, the Joint Comment recommended that DOE should use IEC 
Standard 62301 to test standby power, with the instruction to start the 
test with a clock setting of 12 a.m. and to run the test for 12 hours 
or a shorter period of time demonstrated mathematically to be 
representative of a 12-hour period. (Joint Comment, No. 29 at p. 9) 
ASAP commented that it supports a test procedure change to address 
microwave oven standby power, and that this change should not be a 
hurdle to implementing a standard that addresses standby power 
consumption. (ASAP, Public Meeting Transcript, No. 23.7 at p. 72) 
General Electric (GE) commented that it does not believe there is 
justification for the development of ``necessarily complex'' new test 
procedures for cooking products. (GE, No. 30 at p. 2)
---------------------------------------------------------------------------

    \14\ A notation in the form ``Joint Comment, No. 29 at p. 6'' 
identifies a written comment that DOE has received and has included 
in the docket of the standards rulemaking. This particular notation 
refers to a comment (1) Submitted jointly by the ASAP, NRDC, 
Northwest Power and Conservation Council, Northeast Energy 
Efficiency Partnerships, and ACEEE, (Joint Comment) (2) in document 
number 29 in the docket of that rulemaking, and (3) appearing on 
page 6 of document number 29.
---------------------------------------------------------------------------

    DOE believes that the amendments to the microwave oven test 
procedure proposed in today's notice are not ``necessarily complex,'' 
and that the test procedure would provide a uniform and widely accepted 
test method for measuring standby mode and off mode power consumption. 
DOE also believes that the proposed amendments to the microwave oven 
test procedure would provide a method to measure the standby energy use 
of not just the clock display, but all microwave oven components, such 
as control electronics and power supply losses. The Joint Comment's 
concerns regarding modifying the oven and cooking top test procedures 
and about the starting clock time and test duration are addressed in 
sections III.A and III.F, respectively.
    For the reasons presented above, DOE proposes in today's notice to 
incorporate by reference into the DOE test procedure for microwave 
ovens specific clauses from IEC Standard 62301 for the measurement of 
standby mode power. DOE believes that these clauses also can be applied 
to the measurement of off mode power for microwave ovens. Thus, DOE 
proposes to incorporate the same clauses from IEC Standard 62301 for 
measuring both standby mode and off mode power consumption. 
Specifically, these clauses provide test conditions and testing 
procedures for measuring the average standby mode and average off mode 
power consumption. With respect to testing conditions, section 4 of IEC 
Standard 62301 provides conditions for the supply voltage waveform, 
ambient room air temperature, and power measurement meter tolerances to 
provide for repeatable and precise measurements of standby mode and off 
mode power consumption. Section 5 of IEC Standard 62301 regarding 
testing procedures clarifies the measurement of standby mode for units 
with a short-duration higher power state before a lower power state, 
and it also provides methods for measuring standby mode and off mode 
power when the power measurement is stable and unstable (i.e., varies 
over a representative cycle).
    However, after careful review, DOE has determined that not all 
provisions of IEC Standard 62301 are appropriate for incorporation into 
DOE's microwave oven test procedure. IEC Standard 62301 also contains 
provisions in addition to those applicable to standby mode and off mode 
power testing of microwave ovens. For example, IEC Standard 62301 
provides general conditions for the power supply, which the current DOE 
test procedure already addresses. IEC Standard 62301 also provides 
requirements for information to be recorded in a test report, which are 
beyond the scope of DOE's test procedure. Hence, only the applicable 
sections and clauses (as stated above) that are relevant to measurement 
of microwave oven standby mode and off mode power are incorporated by 
reference in today's proposed rule.
    Finally, DOE recognizes that the IEC is developing an updated test 
procedure (IEC Standard 62301 Ed. 2.0). DOE understands that IEC 
projects publication of the new test procedure in July 2009, although 
the projected publication date could be subject to changes that would 
push the date back further. While DOE plans to follow development of 
the revised IEC Standard, the Department intends to determine whether a 
standby power standard level for microwave ovens is technologically 
feasible and economically justified in the appliance standards 
rulemaking, and to publish a final rule by March 2009. Thus, DOE plans 
to use the current version of IEC Standard 62301 in today's proposed 
test procedure, because the new version will be published after the 
final rule in the appliance standards rulemaking is

[[Page 62141]]

scheduled to be published. After the final rule is published, 
subsequent amendments to the referenced IEC Standard by standard-
setting organizations would become part of the DOE test procedure only 
if DOE amends its test procedure to incorporate them.

E. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''

    Whirlpool commented on the November 2007 ANOPR that it is 
imperative to give separate consideration to a standby mode where the 
product is providing a consumer benefit (e.g., clock display, delay 
start, instant-on capability) as compared to a true off mode. Whirlpool 
further commented that the provisions in the proposed IEC Standard 
62301 Ed. 2.0 do just that. (Whirlpool, No. 28, pp. 1-2)
    DOE recognizes that there are consumer utility features, including 
those listed by Whirlpool, associated with standby mode but not off 
mode. EPCA defines ``standby mode'' as ``the condition in which an 
energy-using product--
    (I) Is connected to a main power source; and
    (II) Offers 1 or more of the following user-oriented or protective 
functions:
    (aa) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer.
    (bb) Continuous functions, including information or status displays 
(including clocks) or sensor-based functions.''

(42 U.S.C. 6295(gg)(1)(A)(iii))

    EPCA defines ``off mode'' as ``the condition in which an energy-
using product--
    (I) Is connected to a main power source; and
    (II) Is not providing any standby mode or active mode function.''

(42 U.S.C. 6295(gg)(1)(A)(ii))

    EPCA defines ``active mode,'' which is referenced in the definition 
of ``off mode,'' as ``the condition in which an energy-using product--
    (I) Is connected to a main power source;
    (II) Has been activated; and
    (III) Provides 1 or more main functions.''

(42 U.S.C. 6295(gg)(1)(A)(i))

    DOE considers ``main functions'' for a microwave oven to be those 
operations in which the magnetron and/or thermal element is energized 
for at least a portion of the time for purposes of heating, cooking, 
and/or defrosting the load.
    For the reasons discussed in section III.D, DOE plans to use the 
EPCA definitions of ``active mode,'' ``standby mode,'' and ``off 
mode.'' Under these definitions, the modes described by Whirlpool would 
be classified as standby modes. A microwave oven with a continously 
energized display or cooking sensor, or a microwave oven that 
automatically powers down certain energy-consuming components after a 
cooking cycle and waits to detect an event triggering re-energization 
of these components, would be considered capable of operation in 
standby mode but not off mode. DOE additionally notes that if the 
microwave oven is equipped with a manual power on-off switch, which 
completely cuts off power to the appliance (i.e., removes or interrupts 
all connections to the main power source, in the same manner as 
unplugging the appliance), the microwave oven would not be in the ``off 
mode'' when the switch is in the ``off '' position.

F. Specifications for the Test Methods and Measurements for Microwave 
Oven Standby Mode and Off Mode Testing

    Because IEC Standard 62301 is written to provide a certain degree 
of flexibility so that the test standard can be used to measure standby 
mode and off mode power for most household electrical appliances 
(including microwave ovens), it does not specify closely the test 
method for measuring the power consumption in cases in which the 
measured power is not stable. Section 5.3.2 of IEC Standard 62301 
states that ``[i]f the power varies over a cycle (i.e., a regular 
sequence of power states that occur over several minutes or hours), the 
period selected to average power or accumulate energy shall be one or 
more complete cycles in order to get a representative average value.''
    DOE investigated the possible regular sequences of power states for 
microwave ovens in order to propose clarifying language to IEC Standard 
62301 that would provide accurate and repeatable test measurements. 
DOE's testing of standby power indicates that a given unit or model of 
a microwave oven with a clock display may use varying amounts of 
standby power depending on the clock time being displayed. According to 
DOE testing of a microwave oven equipped with a 12-hour clock display, 
standby power use at different times during a 12-hour cycle could vary 
by as much as 25 percent. DOE believes that the lack of specificity in 
IEC Standard 62301 about the test period could produce test results 
that are not comparable to those obtained using other time periods, and 
that would not represent the true standby power consumption of its 
microwave ovens. In addition, different testing laboratories could take 
different approaches in selecting cycles for testing. To assess 
possible alternatives to the test cycle specified in IEC Standard 
62301, DOE investigated alternative time periods and averaging methods 
for calculating representative standby power use. Based on this 
testing, and to assure comparable and valid results, DOE proposes, as 
presented at the December 2007 public meeting, to include in the 
microwave oven test procedure a specification of the test period in 
cases in which the power is not stable as ``a 12-hour  30-
second period.''
    DOE also observed during tests that the standby power measurement 
for certain displays can be affected by the starting clock time, 
because for these displays, standby power is a function of the time 
being displayed. At the December 2007 public meeting, DOE discussed 
adding a requirement to the microwave oven test procedure that the 
initial clock time of any display be set at 12 a.m. at the start of the 
operating cycle. However, subsequent DOE analysis of approaches that 
are used to achieve very low microwave oven standby levels (i.e., less 
than 1 W) led DOE to believe that this initial clock time requirement 
would fail to account for the strategy of an automatic transition to a 
low standby power state after a certain period of user inactivity. 
Because such a strategy could effect significant real-world energy 
savings, DOE no longer proposes to specify a clock time at the start of 
the test cycle. DOE determined that specifying a 12-hour test period 
alone would provide for a representative average use cycle for 
microwave ovens for which the measured power is not stable (i.e., a 
microwave oven equipped with a 12-hour clock display).
    In summary, DOE proposes measuring standby mode and off mode power 
consumption according to IEC Standard 62301, with a test duration of 12 
hours,  30 seconds for cases in which power is not stable.

G. Technical Correction for the Microwave Oven Test Cooking Energy 
Output

    The equation provided under section 4.4.1 (``Microwave Oven Test 
Cooking Energy Output'') of the DOE microwave oven test procedure 
contains a technical error in the equation for calculation of the 
microwave oven test cooking energy output, ET, in watt-hours 
(Wh). The equation, using the variables and factors provided in the 
test procedure, currently calculates ET in kWh instead of 
Wh. The test cooking energy output

[[Page 62142]]

is used to calculate annual energy consumption in section 4.4.3, in 
which the units for ET are required to be Wh. Therefore, DOE 
proposes in today's notice to change the value of the conversion 
factor, Ke, in section 4.4.1 of 3,412 British thermal units 
(Btu) per kWh to a value of 3.412 Btu per Wh, so that ET is 
calculated in the specified units of Wh. The proposed amended value for 
Ke in section 4.4.1 is the same as the value defined in 
section 1.11 (``Symbol Usage'').

H. Compliance With Other EPCA Requirements

    Section 323(b)(3) of EPCA requires that ``[a]ny test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use * * 
* or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use * * * and shall not 
be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) DOE believes 
that the incorporation of clauses regarding test conditions and methods 
in IEC Standard 62301, along with the modifications described above, 
would satisfy this requirement. The proposed amendments to the DOE test 
procedure incorporate a test standard that is widely used and accepted 
internationally to measure standby power in standby mode and off mode. 
Based on DOE testing and analysis of IEC Standard 62301, DOE has 
determined that the proposed amendments to the microwave oven test 
procedure produce standby mode and off mode average power consumption 
measurements that represent an average use cycle both for cases in 
which the measured power is stable and when the measured power is 
unstable (i.e., varies over a cycle). Also, the test methods and 
equipment that the amendment would require for measuring standby power 
in microwave ovens do not differ substantially from the test methods 
and equipment in the current DOE test procedure for measuring microwave 
oven cooking efficiency. Therefore, manufacturers would not be required 
to make a major investment in test facilities and new equipment. For 
these reasons, DOE has concluded that the amended test procedure would 
produce test results that measure the power consumption of a covered 
product during a representative average use cycle as well as annual 
energy consumption, and that the test procedure would not be unduly 
burdensome to conduct.

IV. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE's procedures 
and policies may be viewed on the Office of the General Counsel's Web 
site (https://www.gc.doe.gov).
    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. This rule proposes to prescribe test procedures that 
would be used to test compliance with energy conservation standards. 
The proposed rule affects microwave oven test procedures and would not 
have a significant economic impact, but would provide common testing 
methods. In addition, the Small Business Administration (SBA) considers 
an entity to be a small business if, together with its affiliates, it 
employs fewer than a threshold number of workers specified in 13 CFR 
part 121 according to the North American Industry Classification System 
(NAICS) codes. The threshold number for NAICS classification 335221, 
Household cooking appliance manufacturers, which includes microwave 
oven manufacturers, is 750 employees. DOE understands that only 
multinational companies with more than 750 employees, and their wholly 
owned subsidiaries, exist in this industry.
    For these reasons, DOE tentatively concludes and certifies that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this rulemaking. DOE will 
transmit the certification and supporting statement of factual basis to 
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This rulemaking would not impose any new information collection or 
recordkeeping requirements. Accordingly, OMB clearance is not required 
under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for microwave ovens. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental