Energy Conservation Program for Consumer Products: Test Procedure for Microwave Ovens; Repeal of Active Mode Test Procedure Provisions, 42579-42585 [2010-17773]
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Rules and Regulations
(iii) Upon request of the employee,
provide a printed confirmation of the
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Janet Napolitano,
Secretary.
[FR Doc. 2010–17806 Filed 7–21–10; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2010–BT–TP–0022]
RIN: 1904–AC25
Energy Conservation Program for
Consumer Products: Test Procedure
for Microwave Ovens; Repeal of Active
Mode Test Procedure Provisions
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (DOE) repeals the regulatory
provisions establishing the cooking
efficiency test procedure for microwave
ovens under the Energy Policy and
Conservation Act (EPCA). DOE has
determined that the microwave oven
test procedure to measure the cooking
efficiency does not produce accurate
and repeatable test results and is
unaware of any test procedures that
have been developed that address the
concerns with the DOE microwave oven
cooking efficiency test procedure.
DATES: Effective date: This rule is
effective on July 22, 2010.
ADDRESSES: The public may review
copies of all materials related to this
rulemaking at the U.S. Department of
Energy, Resource Room of the Building
Technologies Program, 950 L’Enfant
Plaza, SW., Suite 600, Washington, DC,
(202) 586–2945, between 9 a.m. and 4
p.m., Monday through Friday, except
Federal holidays. Please call Ms. Brenda
Edwards at the above telephone number
for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Wes Anderson, U.S. Department of
Energy, Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Tel.: (202)
586–7335. E-mail:
Wes.Anderson@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue,
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SUMMARY:
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SW., Washington, DC 20585–0121. Tel.:
(202) 586–7796. E-mail:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Legal Authority and Background
II. Discussion
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Administrative Procedure Act
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal
Energy Administration (FEA) Act of 1974
N. Congressional Notification
IV. Approval of the Office of the Secretary
I. Legal Authority and Background
Legal Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et
seq.; EPCA or the Act) sets forth a
variety of provisions designed to
improve energy efficiency. Part A of
Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles’’ for consumer
products, including microwave ovens.
(42 U.S.C. 6291(1)–(2) and 6292(a)(10))
Under the Act, this program consists
essentially of three parts: testing,
labeling, and establishing Federal
energy conservation standards.
Manufacturers of covered products
must use DOE test procedures to certify
that their products comply with energy
conservation standards adopted under
EPCA and to represent the efficiency of
their products. (42 U.S.C. 6295(s); 42
U.S.C. 6293(c)) DOE must also use DOE
test procedures in any action to
determine whether covered products
comply with EPCA standards. (42 U.S.C.
6295(s)) Criteria and procedures for
DOE’s adoption and amendment of such
test procedures, as set forth in EPCA,
require that test procedures be
reasonably designed to produce test
results which measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use. Test
procedures must also not be unduly
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42579
burdensome to conduct. (42 U.S.C.
6293(b)(3))
EPCA also specifies that State law
providing for the disclosure of
information with respect to any measure
of energy consumption is superseded to
the extent that such law requires testing
or the use of any measure of energy
consumption or energy descriptor in
any manner other than provided under
section 323 of EPCA. (42 U.S.C.
6297(a)(1)(A); 42 U.S.C. 6297(f)(3)(G))
Therefore, in the absence of a Federal
test procedure or accompanying
conservation standard, States may
prescribe their own test procedures and
standards pursuant to applicable State
law. Id.
Background—Active Mode Test
Procedure
DOE’s test procedure for microwave
ovens is codified at appendix I to
subpart B of Title 10 of the Code of
Federal Regulations (CFR). That test
procedure was part of an October 3,
1997, final rule that also revised the test
procedures for other cooking products
to measure their efficiency and energy
use more accurately. 62 FR 51976. The
microwave oven test procedure
incorporates portions of the
International Electrotechnical
Commission (IEC) Standard 705–1998
and Amendment 2–1993, ‘‘Methods for
Measuring the Performance of
Microwave Ovens for Households and
Similar Purposes,’’ (IEC Standard 705)
and measures microwave oven cooking
efficiency and energy factor (EF). Id.
Background—Active Mode Standards
The National Appliance Energy
Conservation Act of 1987 (NAECA; Pub.
L. 100–12), which amended EPCA,
established prescriptive standards for
kitchen ranges and ovens, but no
standards were established for
microwave ovens. (42 U.S.C. 6295(h))
The NAECA amendments also required
DOE to conduct two cycles of
rulemakings to determine whether to
revise the standard. DOE undertook the
first cycle of these rulemakings and
issued a final rule on September 8, 1998
(63 FR 48038), in which DOE found that
no amended standards were justified for
electric cooking products, including
microwave ovens. In a final rule
published on April 8, 2009 (74 FR
16040) (hereafter referred to as the
appliance standards rulemaking), DOE
established amended standards for gas
cooking products, but again found that
no active mode cooking efficiency
standards were justified for electric
cooking products, including microwave
ovens. This rulemaking completed the
second cycle of rulemakings required by
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the NAECA amendments to EPCA. (42
U.S.C. 6295(h)(2))
II. Discussion
The regulatory definition of
‘‘microwave oven’’ is set forth at 10 CFR
430.2. ‘‘Microwave oven’’ is defined as
‘‘a class of kitchen ranges and ovens
which is a household cooking appliance
consisting of a compartment designed to
cook or heat food by means of
microwave energy.’’ The existing test
procedure to measure energy efficiency
of microwave ovens is codified at 10
CFR 430.23(i) and 10 CFR part 430,
subpart B, appendix I, and the sampling
plan, that is, the specific requirements
for the number of units to be tested, is
set forth at 10 CFR 430.24(i).
The current DOE microwave oven test
procedure incorporates portions of IEC
Standard 705 for measuring the cooking
performance of microwave ovens. The
testing methods measure the amount of
energy required to raise the temperature
of 1 kilogram of water by 10 degrees
Celsius (°C) under controlled
conditions. The ratio of usable output
power over input power describes the
EF, which is also a measure of the
cooking efficiency.
As part of the appliance standards
rulemaking, DOE tested 32 microwave
ovens, and the Association of Home
Appliance Manufacturers (AHAM)
independently tested 21 additional
units, for a total of 53 microwave ovens,
according to the current DOE
microwave oven test procedure.1 The
data from cooking tests on these units
show a cooking efficiency range from 55
percent to 62 percent. Reverse
engineering conducted by DOE as part
of the appliance standards rulemaking
attempted to identify design options
associated with this variation in cooking
efficiency. Although design options
among various microwave ovens were
found to be highly standardized, DOE
was unable to correlate specific design
options or other features such as cavity
size or output power with cooking
efficiency.
DOE also observed significant
variability in the cooking efficiency
measurements obtained using the DOE
microwave oven test procedure for the
53 units tested by DOE and AHAM. The
data show test-to-test variability of
several EF percentage points (0 to 2.5)
for a given microwave oven (i.e., where
a given combination of design options
could be assigned to a number of trial
standard levels (TSLs), depending upon
the test results). DOE was also unable to
ascertain why similarly designed,
equipped, and constructed microwave
ovens showed varying EFs and, hence,
annual energy consumption. DOE
further notes that manufacturers stated
during interviews that the water used in
the test procedure is not representative
of an actual food load. One
manufacturer stated, for example, that
this could result in different microwave
ovens being rated at the same energy
efficiency even though true cooking
performance is different.2 DOE
understands that IEC, AHAM,
manufacturers, and others are exploring
whether a test procedure can be
developed that addresses the high-
variability concerns with its current
cooking efficiency measure. DOE stated
in an October 2008 notice of proposed
rulemaking (hereinafter referred to as
the October 2008 TP NOPR) that it
would evaluate such test procedures to
determine whether they address the
concerns discussed above, thereby
making them suitable candidates for use
in amending the DOE test procedure. 73
FR 62134, 62139 (Oct. 17, 2008).
DOE also noted that IEC Standard 705
has been declared obsolete by IEC and
the current IEC test procedure is IEC
Standard 60705–2006, ‘‘Household
microwave ovens—Methods of
measuring performance’’ (IEC Standard
60705). In order to evaluate the key
differences between these two IEC test
procedures, DOE conducted a series of
tests as part of the appliance standards
rulemaking on a sub-sample of its
microwave ovens (12 units total) to
compare the efficiency measurements
using both IEC test procedures. The
general methodology for each test
procedure is largely the same, and
consists of heating 1 kg of water from
about 10 °C below room temperature to
room temperature, using the maximum
power setting on the microwave oven.
The input power over the duration of
the test, and thus energy consumed
during the test, are compared to the
energy absorbed by the test load to
obtain the efficiency measurement.
Table II.1 below summarizes key
differences noted between the test
procedures that can potentially impact
the final energy efficiency calculation.
TABLE II.1—KEY DIFFERENCES BETWEEN IEC STANDARD 705 AND IEC STANDARD 60705
IEC Standard 705–1988 and Amendment 2–1993
IEC Standard 60705–2006
Ambient Temp.,T0 = 20 ± 2 °C ...............................................................................................
Starting Water Temp., T1 = T0¥(10 ± 1 °C) ..........................................................................
Final Water Temp., T2 = T0 ± 1 °C ........................................................................................
Electrical Input Energy neglects the magnetron filament heat-up time, the measurement
starting when the input current reaches 90 percent of its final value.
Ambient Temp.,T0 = 20 ± 5 °C.
Starting Water Temp., T1 = 10 ± 1 °C.
Final Water Temp., T2 = 20 ± 2 °C.
Measurement of Electrical Input Energy includes the
energy consumed during the magnetron filament
heat-up time.
Efficiency is rounded off to the nearest whole number, while output power is rounded off to the nearest 50 W.
No specifications for accuracy of temperature and
time measurements.
No mention of rounding off efficiency or output power calculations ......................................
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Temperature measurement accurate within 0.25 °C and linearity better than 1 percent.
Time measurement accurate within 0.25 seconds.
As part of this testing to compare the
two IEC test procedures, DOE conducted
tests to evaluate the variation of test-totest efficiency results for an individual
microwave oven. DOE test results,
shown below in Table II.2, showed that
the test-to-test variation using IEC
Standard 60705 ranged from 0 to 5
percent of the average value, which was
much greater than the comparable
variation for IEC Standard 705, whose
test-to-test variation in efficiency results
ranged from 0 to 1.5 percent for the
same sub-sample of microwave ovens.
This larger range associated with IEC
1 Both DOE’s and AHAM’s microwave oven
samples contained units with manufacturer-rated
output powers ranging from 700 to 1,300 W.
2 For more details of the cooking efficiency testing
conducted as part of the appliance standards
rulemaking, see the 2009 Technical Support
Document for Residential Dishwashers,
Dehumidifiers, and Cooking Products and
Commercial Clothes Washers. Available online at
https://www1.eere.energy.gov/buildings/
appliance_standards/residential/
cooking_products.html.
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Standard 60705 is believed to be
attributable to the effects of the
procedure’s requirement to round the
power output to the nearest 50 W and
the efficiency to the nearest whole
number after each individual test, prior
to averaging. DOE also evaluated the
non-rounded data from the tests using
IEC Standard 60705, which still showed
more test-to-test variation for a given
unit (0 to 2.1 percent) than the
variations test-to-test during the IEC
Standard 705 testing. This remaining
increment in test-to-test variation was
likely due to the more lenient tolerances
on the prescribed ambient and final test
load temperatures (presented in Table
II.2). Based on observations and analysis
of test results, DOE believes that IEC
Standard 60705 is likely to produce
even less consistent or repeatable test
results than IEC Standard 705 because
the measurement requirements in IEC
Standard 705 are more stringent.
Therefore, DOE did not propose
amendments in the October 2008 TP
NOPR to the microwave oven test
procedure to reference IEC Standard
60705.
TABLE II.2—IEC STANDARD 705 VERSUS IEC STANDARD 60705 TEST RESULTS TEST-TO-TEST VARIATION
Test-to-test EF range (%)
Test unit
IEC Standard
705
IEC Standard
60705
(rounded)
1.46
0.06
0.40
0.48
0.71
0.47
0.77
0.21
1.07
0.96
0.67
1.24
3.57
3.45
3.33
5.00
3.57
3.45
3.39
1.67
1.67
0.00
1.79
5.17
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In response to the October 2008 TP
NOPR, DOE received comments from
interested parties regarding the accuracy
and repeatability of the existing DOE
microwave oven test procedure for
measuring cooking efficiency. The
Appliance Standards Awareness Project
(ASAP) cited substantial problems with
the test procedure for measuring
cooking efficiency that have not yet
been addressed, including a lack of
repeatable and consistent results and
the possibility that the challenge of
dealing with cooking efficiency is being
compounded by rating the cooking
efficiency of combination ovens in their
various cooking modes. (ASAP, Public
Meeting Transcript, No. 7 at p. 25)
Pacific Gas & Electric (PG&E) noted that
heat transfer in a microwave oven
depends on the specific resistivity of the
load, and that pure water has relatively
low specific resistivity, and items that
might be cooked in a microwave oven
would have more salt and thus absorb
microwave energy more efficiently than
pure water. PG&E noted that, while
water is easily obtainable for testing,
using it probably results in lower
cooking efficiency measurements than
would be expected from using actual
food products. (PG&E, Public Meeting
Transcript, No. 7 at pp. 44–45)
DOE is unaware of any test
procedures that have been developed
that address the concerns with the DOE
microwave oven cooking efficiency test
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procedure discussed above. DOE is also
unaware of any research or data on
consumer usage indicating what a
representative food load would be, or
any data showing how changes to the
representative test load would affect the
measured EF or repeatability of test
results.
Because there are currently no
existing test procedures that produce
representative and repeatable cooking
efficiency measurements for microwave
ovens, and because of the issues with
using the existing DOE microwave oven
test procedure, as discussed above,
including the large test-to-test variation
in cooking efficiency measurements,
DOE is repealing the provisions in the
existing microwave oven test procedure
relating to the measurement of cooking
efficiency and EF, and the regulatory
provision specifying requirements for
the number of units to be tested
pursuant to the test procedure (i.e., the
sampling plan).
DOE will maintain the regulatory
definition of microwave oven because
kitchen ranges and ovens are listed as
covered products in EPCA (42 U.S.C.
6292(10)) and because DOE is currently
considering amendments to the
microwave oven test procedure to
measure standby and off mode energy
use. DOE plans to initiate a separate
rulemaking process to consider new
provisions for measuring microwave
oven energy efficiency in active
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IEC Standard
60705
(non-rounded)
0.56
0.96
0.70
1.66
0.50
0.20
0.53
0.76
1.05
0.87
0.82
2.14
(cooking) mode and has published a
notice of public meeting to discuss
active mode test procedures elsewhere
in today’s Federal Register.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today’s regulatory action is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
the Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB).
B. Administrative Procedure Act
The Department of Energy finds good
cause to waive notice and comment on
these regulations pursuant to 5 U.S.C.
533(b)(B), and the 30-day delay in
effective date pursuant to 5 U.S.C.
553(d). Notice and comment are
unnecessary and contrary to the public
interest because this final rule is
repealing a test procedure that DOE has
determined to not be able to produce
accurate and repeatable test results.
Interested parties were provided with an
opportunity to comment on the active
mode test procedure in the October
2008 TP NOPR and responded in
support of DOE’s determination. In
addition, DOE previously determined
that standards for microwave ovens
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were not warranted. (74 FR 16040, April
8, 2009). As a result, there is currently
no energy conservation standard in
place for microwave ovens for which a
test procedure would be necessary to
measure energy efficiency or energy use.
A delay in effective date is unnecessary
and contrary to the public interest for
these same reasons. Therefore, these
regulations are being published as final
regulations and are effective July 22,
2010.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. DOE’s
procedures and policies may be viewed
on the Office of the General Counsel’s
Web site (www.gc.doe.gov). Because a
notice of proposed rulemaking is not
required under the Administrative
Procedure Act or other applicable law,
the Regulatory Flexibility Act does not
require certification or the conduct of a
regulatory flexibility analysis for this
rule.
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C. Review Under the Paperwork
Reduction Act of 1995
Today’s final rule contains no new
record-keeping requirements. Therefore,
today’s final rule would not impose any
new reporting requirements requiring
clearance by OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
D. Review Under the National
Environmental Policy Act of 1969
DOE has determined that this rule
falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, this rule amends an
existing rule without changing its
environmental effect, and, therefore, is
covered by the Categorical Exclusion in
paragraph A6 to Appendix A to subpart
D, 10 CFR part 1021, which applies
because this rule would revise existing
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test procedures such that the amount,
quality, or distribution of energy usage
will not be affected, and, therefore, not
result in any environmental impacts.3
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
imposes certain requirements on
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. 64 FR 43255 (August 4,
1999). The Executive Order requires
agencies to examine the constitutional
and statutory authority supporting any
action that would limit the
policymaking discretion of the States,
and to carefully assess the necessity for
such actions. The Executive Order also
requires agencies to have an accountable
process to ensure meaningful and timely
input by State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
that it will follow in developing such
regulations. 65 FR 13735. DOE
examined this final rule and determined
that it would not preempt State law and
would not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Executive
Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
3 Categorical Exclusion A6 provides,
‘‘Rulemakings that are strictly procedural, such as
rulemaking (under 48 CFR part 9) establishing
procedures for technical and pricing proposals and
establishing contract clauses and contracting
practices for the purchase of goods and services,
and rulemaking (under 10 CFR part 600)
establishing application and review procedures for,
and administration, audit, and closeout of, grants
and cooperative agreements.’’
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regulation specifies the following: (1)
The preemptive effect, if any; (2) any
effect on existing Federal law or
regulation; (3) a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
the retroactive effect, if any; (5)
definitions of key terms; and (6) other
important issues affecting clarity and
general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4) requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and Tribal
governments and the private sector. For
a proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish estimates of
the resulting costs, benefits, and other
effects on the national economy. (2
U.S.C. 1532(a), (b)) UMRA also requires
a Federal agency to develop an effective
process to permit timely input by
elected officers of State, local, and
Tribal governments on a proposed
‘‘significant intergovernmental
mandate.’’ UMRA requires an agency
plan for giving notice and opportunity
for timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect such
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820. (The policy is also available at
www.gc.doe.gov). Today’s final rule
contains neither an intergovernmental
mandate nor a mandate that may result
in an expenditure of $100 million or
more in any year, so these requirements
do not apply.
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H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being.
Today’s final rule would have no impact
on the autonomy or integrity of the
family as an institution. Accordingly,
DOE has concluded that it is not
necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this final rule
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
today’s final rule and concluded that it
is consistent with applicable policies in
the OMB and DOE guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA a Statement
of Energy Effects for any proposed
significant energy action. The definition
of a ‘‘significant energy action’’ is any
action by an agency that promulgated or
is expected to lead to promulgation of
a final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any proposed
significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
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16:12 Jul 21, 2010
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distribution, or use if the proposal were
to be implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use. Today’s final rule
is not a significant regulatory action
under Executive Order 12866.
Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of OIRA also did not
designate the final rule as a significant
energy action. Therefore, it is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the DOE
Organization Act (Pub. L. 95–91), DOE
must comply with section 32 of the
Federal Energy Administration Act of
1974 (Pub. L. 93–275), as amended by
the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub.
L. 95–70) (15 U.S.C. 788). Section 32
essentially provides that, where a
proposed rule authorizes or requires use
of commercial standards, the
rulemaking must inform the public of
the use and background of such
standards. In addition, section 32(c)
requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition. This final rule to repeal the
test procedure for determining the
energy efficiency of microwave ovens
does not authorize or require the use of
any commercial standards. Therefore,
no consultation with either DOJ or FTC
is required.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of today’s rule before its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 801(2).
VI. Approval of the Office of the
Assistant Secretary
The Assistant Secretary of DOE’s
Office of Energy Efficiency and
Renewable Energy has approved
publication of today’s final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Energy conservation,
Household appliances.
PO 00000
Frm 00013
Fmt 4700
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42583
Issued in Washington, DC, on July 9, 2010.
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
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.
§ 430.3
[Amended]
2. Section 430.3 is amended by
removing paragraphs (l)(1) and (l)(2).
■ 3. Section 430.23 is amended by
revising paragraphs (i)(1), (i)(2), (i)(4),
and (i)(12) to read as follows:
■
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
*
*
*
*
*
(i) Kitchen ranges and ovens. (1) The
estimated annual operating cost for
conventional ranges, conventional
cooking tops, and conventional ovens
shall be the sum of the following
products: (i) The total annual electrical
energy consumption for any electrical
energy usage, in kilowatt-hours (kWh’s)
per year, times the representative
average unit cost for electricity, in
dollars per kWh, as provided pursuant
to section 323(b)(2) of the Act; plus (ii)
the total annual gas energy consumption
for any natural gas usage, in British
thermal units (Btu’s) per year, times the
representative average unit cost for
natural gas, in dollars per Btu, as
provided pursuant to section 323(b)(2)
of the Act; plus (iii) the total annual gas
energy consumption for any propane
usage, in Btu’s per year, times the
representative average unit cost for
propane, in dollars per Btu, as provided
pursuant to section 323(b)(2) of the Act.
The total annual energy consumption
for conventional ranges, conventional
cooking tops, and conventional ovens
shall be as determined according to 4.3,
4.2.2, and 4.1.2, respectively, of
appendix I to this subpart. The
estimated annual operating cost shall be
rounded off to the nearest dollar per
year.
(2) The cooking efficiency for
conventional cooking tops and
conventional ovens shall be the ratio of
the cooking energy output for the test to
the cooking energy input for the test, as
determined according to 4.2.1 and 4.1.3,
respectively, of appendix I to this
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subpart. The final cooking efficiency
values shall be rounded off to three
significant digits.
*
*
*
*
*
(4) The energy factor for conventional
ranges, conventional cooking tops, and
conventional ovens shall be the ratio of
the annual useful cooking energy output
to the total annual energy input, as
determined according to 4.3, 4.2.3,
4.1.4, respectively, of Appendix I to this
subpart. The final energy factor values
shall be rounded off to three significant
digits.
*
*
*
*
*
(12) Other useful measures of energy
consumption for conventional ranges,
conventional cooking tops, and
conventional ovens shall be those
measures of energy consumption which
the Secretary determines are likely to
assist consumers in making purchasing
decisions and which are derived from
the application of appendix I to this
subpart.
*
*
*
*
*
■ 4. Section 430.24 is amended by
revising paragraph (i)(1) to read as
follows:
§ 430.24
Units to be tested.
emcdonald on DSK2BSOYB1PROD with RULES
*
*
*
*
*
(i)(1) Except as provided in paragraph
(i)(2) of this section, for each basic
model of conventional cooking tops,
and conventional ovens a sample of
sufficient size shall be tested to insure
that—
(i) Any represented value of estimated
annual operating cost, energy
consumption or other measure of energy
consumption of a basic model for which
consumers would favor lower values
shall be no less than the higher of:
(A) the mean of the sample or
(B) the upper 971⁄2 percent confidence
limit of the true mean divided by 1.05,
and
(ii) Any represented value of the
energy factor or other measure of energy
consumption of a basic model for which
consumers would favor higher values
shall be no greater than the lower of:
(A) the mean of the sample or
(B) the lower 971⁄2 percent confidence
limit of the true mean divided by .95.
*
*
*
*
*
■ 5. Appendix I to Subpart B of Part 430
is amended:
■ a. In section 1. Definitions, by:
■ 1. Removing section 1.5; and
■ 2. Redesignating sections 1.6 through
1.11 as 1.5 through 1.10;
■ b. In section 2. Test Conditions, by:
■ 1. Removing section 2.1.3;
■ 2. Revising sections 2.2.1, 2.5, and 2.6;
■ 3. Removing and reserving section 2.8,
consisting of sections 2.8.1, 2.8.2, and
2.8.2.1;
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16:12 Jul 21, 2010
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4. Removing section 2.9.3.4;
5. Redesignating section 2.9.3.5 as
2.9.3.4; and
■ 6. Revising sections 2.9.1.1, 2.9.1.2,
2.9.3.1, and 2.9.5;
■ c. In section 3. Test Methods and
Measurements, by:
■ 1. Revising sections 3.1.1 introductory
text, 3.1.1.1, and 3.1.2;
■ 2. Removing section 3.1.3, consisting
of section 3.1.3.1;
■ 3. Removing 3.2.3, and 3.3.13;
■ d. In section 4. Calculation of Derived
Results From Test Measurements, by:
■ 1. Revising sections 4.3; and
■ 2. Removing section 4.4, consisting of
sections 4.4.1, 4.4.2, 4.4.3, 4.4.4 and
4.4.5;
The revisions read as follows:
■
■
Appendix I to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Conventional
Ranges, Conventional Cooking Tops,
Conventional Ovens, and Microwave
Ovens
*
*
*
*
*
2. Test Conditions
*
*
*
*
*
2.2.1 Electrical supply. Maintain the
electrical supply to the conventional range,
conventional cooking top, and conventional
oven being tested at 240/120 volts except that
basic models rated only at 208/120 volts shall
be tested at that rating. Maintain the voltage
within 2 percent of the above specified
voltages.
*
*
*
*
*
2.5 Ambient room air temperature.
During the test, maintain an ambient room air
temperature, TR, of 77° ± 9 °F (25° ± 5 °C)
for conventional ovens and cooking tops, as
measured at least 5 feet (1.5 m) and not more
than 8 feet (2.4 m) from the nearest surface
of the unit under test and approximately 3
feet (0.9 m) above the floor. The temperature
shall be measured with a thermometer or
temperature indicating system with an
accuracy as specified in Section 2.9.3.1.
2.6 Normal nonoperating temperature.
All areas of the appliance to be tested shall
attain the normal nonoperating temperature,
as defined in Section 1.5, before any testing
begins. The equipment for measuring the
applicable normal nonoperating temperature
shall be as described in Sections 2.9.3.1,
2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable.
*
*
2.8
*
*
*
*
*
*
[Reserved]
*
*
2.9.1.1 Watt-hour meter. The watt-hour
meter for measuring the electrical energy
consumption of conventional ovens and
cooking tops shall have a resolution of 1
watt-hour (3.6 kJ) or less and a maximum
error no greater than 1.5 percent of the
measured value for any demand greater than
100 watts.
2.9.1.2 Watt meter. The watt meter used
to measure the conventional oven,
conventional range, or range clock power
shall have a resolution of 0.2 watt (0.2 J/s)
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
or less and a maximum error no greater than
5 percent of the measured value.
*
*
*
*
*
2.9.3.1 Room temperature indicating
system. The room temperature indicating
system shall be as specified in Section 2.9.3.4
for ranges, ovens and cooktops.
*
*
*
*
*
2.9.5 Scale. The scale used for weighing
the test blocks shall have a maximum error
no greater than 1 ounce (28.4 g).
*
*
*
*
*
3. Test Methods and Measurements
3.1 Test methods.
3.1.1 Conventional oven. Perform a test
by establishing the testing conditions set
forth in Section 2, ‘‘TEST CONDITIONS,’’ of
this Appendix, and adjust any pilot lights of
a conventional gas oven in accordance with
the manufacturer’s instructions and turn off
the gas flow to the conventional cooking top,
if so equipped. Before beginning the test, the
conventional oven shall be at its normal
nonoperating temperature as defined in
Section 1.5 and described in Section 2.6. Set
the conventional oven test block W1
approximately in the center of the usable
baking space. If there is a selector switch for
selecting the mode of operation of the oven,
set it for normal baking. If an oven permits
baking by either forced convection by using
a fan, or without forced convection, the oven
is to be tested in each of those two modes.
The oven shall remain on for at least one
complete thermostat ‘‘cut-off/cut-on’’ of the
electrical resistance heaters or gas burners
after the test block temperature has increased
234 °F (130 °C) above its initial temperature.
3.1.1.1 Self-cleaning operation of a
conventional oven. Establish the test
conditions set forth in Section 2, ‘‘TEST
CONDITIONS,’’ of this Appendix. Adjust any
pilot lights of a conventional gas oven in
accordance with the manufacturer’s
instructions and turn off the gas flow to the
conventional cooking top. The temperature of
the conventional oven shall be its normal
nonoperating temperature as defined in
Section 1.5 and described in Section 2.6.
Then set the conventional oven’s selfcleaning process in accordance with the
manufacturer’s instructions. If the selfcleaning process is adjustable, use the
average time recommended by the
manufacturer for a moderately soiled oven.
*
*
*
*
*
3.1.2 Conventional cooking top. Establish
the test conditions set forth in Section 2,
‘‘TEST CONDITIONS,’’ of this Appendix.
Adjust any pilot lights of a conventional gas
cooking top in accordance with the
manufacturer’s instructions and turn off the
gas flow to the conventional oven(s), if so
equipped. The temperature of the
conventional cooking top shall be its normal
nonoperating temperature as defined in
Section 1.5 and described in Section 2.6. Set
the test block in the center of the surface unit
under test. The small test block, W2, shall be
used on electric surface units of 7 inches (178
mm) or less in diameter. The large test block,
W3, shall be used on electric surface units
over 7 inches (177.8 mm) in diameter and on
all gas surface units. Turn on the surface unit
under test and set its energy input rate to the
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maximum setting. When the test block
reaches 144 °F (80 °C) above its initial test
block temperature, immediately reduce the
energy input rate to 25 ± 5 percent of the
maximum energy input rate. After 15 ± 0.1
minutes at the reduced energy setting, turn
off the surface unit under test.
*
*
*
*
*
4. Calculation of Derived Results From Test
Measurements
*
*
*
*
*
4.3 Combined components. The annual
energy consumption of a kitchen range, e.g.
a cooktop and oven combined, shall be the
sum of the annual energy consumption of
each of its components. The annual energy
consumption for other combinations of ovens
and cooktops will also be treated as the sum
of the annual energy consumption of each of
its components. The energy factor of a
combined component is the sum of the
annual useful cooking energy output of each
component divided by the sum of the total
annual energy consumption of each
component.
[FR Doc. 2010–17773 Filed 7–21–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0174; Directorate
Identifier 2009–NM–186–AD; Amendment
39–16359; AD 2010–14–14]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI for EMBRAER
Model ERJ 170 airplanes describes the
unsafe condition as:
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
It has been found the occurrence of an
engine in-flight shutdown caused by the
LPCV [low pressure check valves] failing to
close due to excessive wear, which leads to
the concern that such fault may be present
in both engines of a given aircraft.
*
*
*
*
*
The MCAI for EMBRAER Model ERJ 190
airplanes describes the unsafe condition as:
An occurrence of an uncommanded engine
in-flight shutdown (IFSD) was reported
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16:12 Jul 21, 2010
Jkt 220001
* * *, which was caused by an ERJ 170
defective LPCV * * *. The valve failed to
close due to excessive wear. Despite there
were no IFSD related to LPCV * * * failure,
some ERJ 190 valves * * * were inspected
and presented cracks due to low cycle
fatigue. Since this failure mode also might
lead to an engine in-flight shutdown and
since both engines of the airplane have the
same valves, there is a possibility of an
occurrence of a dual engine IFSD due to
LPCV failure.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
August 26, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 26, 2010.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2848; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
42585
1001447–4 failure, some ERJ 190 valves P/N
1001447–4 logging around 2472 FH were
inspected and presented cracks due to low
cycle fatigue. Since this failure mode also
might lead to an engine in-flight shutdown
and since both engines of the airplane have
the same valves, there is a possibility of an
occurrence of a dual engine IFSD due to
LPCV failure.
*
*
*
*
*
The required actions include repetitive
replacements of the low-stage check
valves and associated seals of the lefthand and right-hand engine bleed
system with new or serviceable valves,
depending on the model. For certain
airplanes, this AD also includes an
optional terminating action for the
repetitive replacements. This AD also
requires, if the terminating action is
done, revising the approved
maintenance plan to include repetitive
functional tests of the low-stage check
valve. For certain other airplanes, this
AD requires replacing a certain lowstage check valve with an improved
low-stage check valve. You may obtain
further information by examining the
MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received. The
Air Line Pilots Association,
International (ALPA), supports the
NPRM.
*
*
*
*
*
The MCAI for EMBRAER Model ERJ 190
airplanes states:
Explanation of Change Made to This
AD
Since we issued the NPRM, we have
received Revision 6, of EMBRAER 170
Maintenance Review Board Report
(MRBR), MRB–1621, dated January 14,
2010. We have updated the final rule to
reference EMBRAER 170 Maintenance
Review Board Report (MRBR), MRB–
1621, Revision 6, dated January 14,
2010. We have added paragraph (j)(14)
to this final rule to give credit for
revising the maintenance program to
include maintenance Task 36–11–02–
002 (Low Stage Bleed Check Valve)
specified in Section 1 of the EMBRAER
170 Maintenance Review Board Report
(MRBR), MRB–1621, Revision 5, dated
November 5, 2008.
We also revised paragraph (j)(13) of
this AD to clarify that doing a
replacement before the effective date of
this AD is acceptable for compliance
with a replacement specified in
paragraph (j)(1) of this AD.
An occurrence of an uncommanded engine
in-flight shutdown (IFSD) was reported on 20
Sep. 2005, which was caused by an ERJ 170
defective LPCV [part number] P/N 1001447–
3 logging 3900 Flight Hours (FH). The valve
failed to close due to excessive wear. Despite
there were no IFSD related to LPCV P/N
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on March 4, 2010 (75 FR 9816),
and proposed to supersede AD 2007–
16–09, Amendment 39–15148 (72 FR
44734, August 9, 2007). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI for
EMBRAER Model ERJ 170 airplanes
states:
It has been found the occurrence of an
engine in-flight shutdown caused by the
LPCV [low pressure check valves] failing to
close due to excessive wear, which leads to
the concern that such fault may be present
in both engines of a given aircraft.
PO 00000
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]]>Agencies
[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Rules and Regulations]
[Pages 42579-42585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17773]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2010-BT-TP-0022]
RIN: 1904-AC25
Energy Conservation Program for Consumer Products: Test Procedure
for Microwave Ovens; Repeal of Active Mode Test Procedure Provisions
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) repeals the regulatory
provisions establishing the cooking efficiency test procedure for
microwave ovens under the Energy Policy and Conservation Act (EPCA).
DOE has determined that the microwave oven test procedure to measure
the cooking efficiency does not produce accurate and repeatable test
results and is unaware of any test procedures that have been developed
that address the concerns with the DOE microwave oven cooking
efficiency test procedure.
DATES: Effective date: This rule is effective on July 22, 2010.
ADDRESSES: The public may review copies of all materials related to
this rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, U.S. Department of
Energy, Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Tel.: (202) 586-7335. E-mail: Wes.Anderson@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Tel.: (202) 586-7796. E-mail: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Legal Authority and Background
II. Discussion
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Administrative Procedure Act
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
(FEA) Act of 1974
N. Congressional Notification
IV. Approval of the Office of the Secretary
I. Legal Authority and Background
Legal Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles'' for consumer products, including microwave
ovens. (42 U.S.C. 6291(1)-(2) and 6292(a)(10)) Under the Act, this
program consists essentially of three parts: testing, labeling, and
establishing Federal energy conservation standards.
Manufacturers of covered products must use DOE test procedures to
certify that their products comply with energy conservation standards
adopted under EPCA and to represent the efficiency of their products.
(42 U.S.C. 6295(s); 42 U.S.C. 6293(c)) DOE must also use DOE test
procedures in any action to determine whether covered products comply
with EPCA standards. (42 U.S.C. 6295(s)) Criteria and procedures for
DOE's adoption and amendment of such test procedures, as set forth in
EPCA, require that test procedures be reasonably designed to produce
test results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use. Test procedures must also not be
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA also specifies that State law providing for the disclosure of
information with respect to any measure of energy consumption is
superseded to the extent that such law requires testing or the use of
any measure of energy consumption or energy descriptor in any manner
other than provided under section 323 of EPCA. (42 U.S.C.
6297(a)(1)(A); 42 U.S.C. 6297(f)(3)(G)) Therefore, in the absence of a
Federal test procedure or accompanying conservation standard, States
may prescribe their own test procedures and standards pursuant to
applicable State law. Id.
Background--Active Mode Test Procedure
DOE's test procedure for microwave ovens is codified at appendix I
to subpart B of Title 10 of the Code of Federal Regulations (CFR). That
test procedure was part of an October 3, 1997, final rule that also
revised the test procedures for other cooking products to measure their
efficiency and energy use more accurately. 62 FR 51976. The microwave
oven test procedure incorporates portions of the International
Electrotechnical Commission (IEC) Standard 705-1998 and Amendment 2-
1993, ``Methods for Measuring the Performance of Microwave Ovens for
Households and Similar Purposes,'' (IEC Standard 705) and measures
microwave oven cooking efficiency and energy factor (EF). Id.
Background--Active Mode Standards
The National Appliance Energy Conservation Act of 1987 (NAECA; Pub.
L. 100-12), which amended EPCA, established prescriptive standards for
kitchen ranges and ovens, but no standards were established for
microwave ovens. (42 U.S.C. 6295(h)) The NAECA amendments also required
DOE to conduct two cycles of rulemakings to determine whether to revise
the standard. DOE undertook the first cycle of these rulemakings and
issued a final rule on September 8, 1998 (63 FR 48038), in which DOE
found that no amended standards were justified for electric cooking
products, including microwave ovens. In a final rule published on April
8, 2009 (74 FR 16040) (hereafter referred to as the appliance standards
rulemaking), DOE established amended standards for gas cooking
products, but again found that no active mode cooking efficiency
standards were justified for electric cooking products, including
microwave ovens. This rulemaking completed the second cycle of
rulemakings required by
[[Page 42580]]
the NAECA amendments to EPCA. (42 U.S.C. 6295(h)(2))
II. Discussion
The regulatory definition of ``microwave oven'' is set forth at 10
CFR 430.2. ``Microwave oven'' is defined as ``a class of kitchen ranges
and ovens which is a household cooking appliance consisting of a
compartment designed to cook or heat food by means of microwave
energy.'' The existing test procedure to measure energy efficiency of
microwave ovens is codified at 10 CFR 430.23(i) and 10 CFR part 430,
subpart B, appendix I, and the sampling plan, that is, the specific
requirements for the number of units to be tested, is set forth at 10
CFR 430.24(i).
The current DOE microwave oven test procedure incorporates portions
of IEC Standard 705 for measuring the cooking performance of microwave
ovens. The testing methods measure the amount of energy required to
raise the temperature of 1 kilogram of water by 10 degrees Celsius
([deg]C) under controlled conditions. The ratio of usable output power
over input power describes the EF, which is also a measure of the
cooking efficiency.
As part of the appliance standards rulemaking, DOE tested 32
microwave ovens, and the Association of Home Appliance Manufacturers
(AHAM) independently tested 21 additional units, for a total of 53
microwave ovens, according to the current DOE microwave oven test
procedure.\1\ The data from cooking tests on these units show a cooking
efficiency range from 55 percent to 62 percent. Reverse engineering
conducted by DOE as part of the appliance standards rulemaking
attempted to identify design options associated with this variation in
cooking efficiency. Although design options among various microwave
ovens were found to be highly standardized, DOE was unable to correlate
specific design options or other features such as cavity size or output
power with cooking efficiency.
---------------------------------------------------------------------------
\1\ Both DOE's and AHAM's microwave oven samples contained units
with manufacturer-rated output powers ranging from 700 to 1,300 W.
---------------------------------------------------------------------------
DOE also observed significant variability in the cooking efficiency
measurements obtained using the DOE microwave oven test procedure for
the 53 units tested by DOE and AHAM. The data show test-to-test
variability of several EF percentage points (0 to 2.5) for a given
microwave oven (i.e., where a given combination of design options could
be assigned to a number of trial standard levels (TSLs), depending upon
the test results). DOE was also unable to ascertain why similarly
designed, equipped, and constructed microwave ovens showed varying EFs
and, hence, annual energy consumption. DOE further notes that
manufacturers stated during interviews that the water used in the test
procedure is not representative of an actual food load. One
manufacturer stated, for example, that this could result in different
microwave ovens being rated at the same energy efficiency even though
true cooking performance is different.\2\ DOE understands that IEC,
AHAM, manufacturers, and others are exploring whether a test procedure
can be developed that addresses the high-variability concerns with its
current cooking efficiency measure. DOE stated in an October 2008
notice of proposed rulemaking (hereinafter referred to as the October
2008 TP NOPR) that it would evaluate such test procedures to determine
whether they address the concerns discussed above, thereby making them
suitable candidates for use in amending the DOE test procedure. 73 FR
62134, 62139 (Oct. 17, 2008).
---------------------------------------------------------------------------
\2\ For more details of the cooking efficiency testing conducted
as part of the appliance standards rulemaking, see the 2009
Technical Support Document for Residential Dishwashers,
Dehumidifiers, and Cooking Products and Commercial Clothes Washers.
Available online at https://www1.eere.energy.gov/buildings/appliance_standards/residential/cooking_products.html.
---------------------------------------------------------------------------
DOE also noted that IEC Standard 705 has been declared obsolete by
IEC and the current IEC test procedure is IEC Standard 60705-2006,
``Household microwave ovens--Methods of measuring performance'' (IEC
Standard 60705). In order to evaluate the key differences between these
two IEC test procedures, DOE conducted a series of tests as part of the
appliance standards rulemaking on a sub-sample of its microwave ovens
(12 units total) to compare the efficiency measurements using both IEC
test procedures. The general methodology for each test procedure is
largely the same, and consists of heating 1 kg of water from about 10
[deg]C below room temperature to room temperature, using the maximum
power setting on the microwave oven. The input power over the duration
of the test, and thus energy consumed during the test, are compared to
the energy absorbed by the test load to obtain the efficiency
measurement. Table II.1 below summarizes key differences noted between
the test procedures that can potentially impact the final energy
efficiency calculation.
Table II.1--Key Differences Between IEC Standard 705 and IEC Standard 60705
----------------------------------------------------------------------------------------------------------------
IEC Standard 705-1988 and Amendment 2-
1993 IEC Standard 60705-2006
----------------------------------------------------------------------------------------------------------------
Ambient Temp.,T0 = 20 2 Ambient Temp.,T0 = 20 5 [deg]C.
[deg]C. Starting Water Temp., T1 = 10 1 [deg]C.
Starting Water Temp., T1 = T0-(10 Final Water Temp., T2 = 20 2 [deg]C.
1 [deg]C).
Final Water Temp., T2 = T0 1 [deg]C.
Electrical Input Energy neglects the Measurement of Electrical Input Energy includes the energy consumed
magnetron filament heat-up time, the during the magnetron filament heat-up time.
measurement starting when the input
current reaches 90 percent of its
final value.
No mention of rounding off efficiency Efficiency is rounded off to the nearest whole number, while output
or output power calculations. power is rounded off to the nearest 50 W.
Temperature measurement accurate No specifications for accuracy of temperature and time measurements.
within 0.25 [deg]C and linearity
better than 1 percent. Time
measurement accurate within 0.25
seconds.
----------------------------------------------------------------------------------------------------------------
As part of this testing to compare the two IEC test procedures, DOE
conducted tests to evaluate the variation of test-to-test efficiency
results for an individual microwave oven. DOE test results, shown below
in Table II.2, showed that the test-to-test variation using IEC
Standard 60705 ranged from 0 to 5 percent of the average value, which
was much greater than the comparable variation for IEC Standard 705,
whose test-to-test variation in efficiency results ranged from 0 to 1.5
percent for the same sub-sample of microwave ovens. This larger range
associated with IEC
[[Page 42581]]
Standard 60705 is believed to be attributable to the effects of the
procedure's requirement to round the power output to the nearest 50 W
and the efficiency to the nearest whole number after each individual
test, prior to averaging. DOE also evaluated the non-rounded data from
the tests using IEC Standard 60705, which still showed more test-to-
test variation for a given unit (0 to 2.1 percent) than the variations
test-to-test during the IEC Standard 705 testing. This remaining
increment in test-to-test variation was likely due to the more lenient
tolerances on the prescribed ambient and final test load temperatures
(presented in Table II.2). Based on observations and analysis of test
results, DOE believes that IEC Standard 60705 is likely to produce even
less consistent or repeatable test results than IEC Standard 705
because the measurement requirements in IEC Standard 705 are more
stringent. Therefore, DOE did not propose amendments in the October
2008 TP NOPR to the microwave oven test procedure to reference IEC
Standard 60705.
Table II.2--IEC Standard 705 Versus IEC Standard 60705 Test Results Test-To-Test Variation
----------------------------------------------------------------------------------------------------------------
Test-to-test EF range (%)
------------------------------------------------
Test unit IEC Standard IEC Standard
IEC Standard 60705 60705 (non-
705 (rounded) rounded)
----------------------------------------------------------------------------------------------------------------
1.............................................................. 1.46 3.57 0.56
2.............................................................. 0.06 3.45 0.96
3.............................................................. 0.40 3.33 0.70
4.............................................................. 0.48 5.00 1.66
5.............................................................. 0.71 3.57 0.50
6.............................................................. 0.47 3.45 0.20
7.............................................................. 0.77 3.39 0.53
8.............................................................. 0.21 1.67 0.76
9.............................................................. 1.07 1.67 1.05
10............................................................. 0.96 0.00 0.87
11............................................................. 0.67 1.79 0.82
12............................................................. 1.24 5.17 2.14
----------------------------------------------------------------------------------------------------------------
In response to the October 2008 TP NOPR, DOE received comments from
interested parties regarding the accuracy and repeatability of the
existing DOE microwave oven test procedure for measuring cooking
efficiency. The Appliance Standards Awareness Project (ASAP) cited
substantial problems with the test procedure for measuring cooking
efficiency that have not yet been addressed, including a lack of
repeatable and consistent results and the possibility that the
challenge of dealing with cooking efficiency is being compounded by
rating the cooking efficiency of combination ovens in their various
cooking modes. (ASAP, Public Meeting Transcript, No. 7 at p. 25)
Pacific Gas & Electric (PG&E) noted that heat transfer in a microwave
oven depends on the specific resistivity of the load, and that pure
water has relatively low specific resistivity, and items that might be
cooked in a microwave oven would have more salt and thus absorb
microwave energy more efficiently than pure water. PG&E noted that,
while water is easily obtainable for testing, using it probably results
in lower cooking efficiency measurements than would be expected from
using actual food products. (PG&E, Public Meeting Transcript, No. 7 at
pp. 44-45)
DOE is unaware of any test procedures that have been developed that
address the concerns with the DOE microwave oven cooking efficiency
test procedure discussed above. DOE is also unaware of any research or
data on consumer usage indicating what a representative food load would
be, or any data showing how changes to the representative test load
would affect the measured EF or repeatability of test results.
Because there are currently no existing test procedures that
produce representative and repeatable cooking efficiency measurements
for microwave ovens, and because of the issues with using the existing
DOE microwave oven test procedure, as discussed above, including the
large test-to-test variation in cooking efficiency measurements, DOE is
repealing the provisions in the existing microwave oven test procedure
relating to the measurement of cooking efficiency and EF, and the
regulatory provision specifying requirements for the number of units to
be tested pursuant to the test procedure (i.e., the sampling plan).
DOE will maintain the regulatory definition of microwave oven
because kitchen ranges and ovens are listed as covered products in EPCA
(42 U.S.C. 6292(10)) and because DOE is currently considering
amendments to the microwave oven test procedure to measure standby and
off mode energy use. DOE plans to initiate a separate rulemaking
process to consider new provisions for measuring microwave oven energy
efficiency in active (cooking) mode and has published a notice of
public meeting to discuss active mode test procedures elsewhere in
today's Federal Register.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Administrative Procedure Act
The Department of Energy finds good cause to waive notice and
comment on these regulations pursuant to 5 U.S.C. 533(b)(B), and the
30-day delay in effective date pursuant to 5 U.S.C. 553(d). Notice and
comment are unnecessary and contrary to the public interest because
this final rule is repealing a test procedure that DOE has determined
to not be able to produce accurate and repeatable test results.
Interested parties were provided with an opportunity to comment on the
active mode test procedure in the October 2008 TP NOPR and responded in
support of DOE's determination. In addition, DOE previously determined
that standards for microwave ovens
[[Page 42582]]
were not warranted. (74 FR 16040, April 8, 2009). As a result, there is
currently no energy conservation standard in place for microwave ovens
for which a test procedure would be necessary to measure energy
efficiency or energy use. A delay in effective date is unnecessary and
contrary to the public interest for these same reasons. Therefore,
these regulations are being published as final regulations and are
effective July 22, 2010.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE's procedures
and policies may be viewed on the Office of the General Counsel's Web
site (www.gc.doe.gov). Because a notice of proposed rulemaking is not
required under the Administrative Procedure Act or other applicable
law, the Regulatory Flexibility Act does not require certification or
the conduct of a regulatory flexibility analysis for this rule.
C. Review Under the Paperwork Reduction Act of 1995
Today's final rule contains no new record-keeping requirements.
Therefore, today's final rule would not impose any new reporting
requirements requiring clearance by OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
D. Review Under the National Environmental Policy Act of 1969
DOE has determined that this rule falls into a class of actions
that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
amends an existing rule without changing its environmental effect, and,
therefore, is covered by the Categorical Exclusion in paragraph A6 to
Appendix A to subpart D, 10 CFR part 1021, which applies because this
rule would revise existing test procedures such that the amount,
quality, or distribution of energy usage will not be affected, and,
therefore, not result in any environmental impacts.\3\ Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
---------------------------------------------------------------------------
\3\ Categorical Exclusion A6 provides, ``Rulemakings that are
strictly procedural, such as rulemaking (under 48 CFR part 9)
establishing procedures for technical and pricing proposals and
establishing contract clauses and contracting practices for the
purchase of goods and services, and rulemaking (under 10 CFR part
600) establishing application and review procedures for, and
administration, audit, and closeout of, grants and cooperative
agreements.''
---------------------------------------------------------------------------
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 4, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States, and to carefully
assess the necessity for such actions. The Executive Order also
requires agencies to have an accountable process to ensure meaningful
and timely input by State and local officials in the development of
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735. DOE examined this final rule
and determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. Executive
Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation specifies the following: (1) The
preemptive effect, if any; (2) any effect on existing Federal law or
regulation; (3) a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) the retroactive
effect, if any; (5) definitions of key terms; and (6) other important
issues affecting clarity and general draftsmanship under any guidelines
issued by the Attorney General. Section 3(c) of Executive Order 12988
requires Executive agencies to review regulations in light of
applicable standards in sections 3(a) and 3(b) to determine whether
they are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this final rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. For a proposed regulatory action likely to result in a
rule that may cause the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish estimates of the resulting
costs, benefits, and other effects on the national economy. (2 U.S.C.
1532(a), (b)) UMRA also requires a Federal agency to develop an
effective process to permit timely input by elected officers of State,
local, and Tribal governments on a proposed ``significant
intergovernmental mandate.'' UMRA requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect such governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is
also available at www.gc.doe.gov). Today's final rule contains neither
an intergovernmental mandate nor a mandate that may result in an
expenditure of $100 million or more in any year, so these requirements
do not apply.
[[Page 42583]]
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's final rule would have no impact on the autonomy or integrity of
the family as an institution. Accordingly, DOE has concluded that it is
not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this final rule would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed today's final rule and concluded that it is consistent with
applicable policies in the OMB and DOE guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
a Statement of Energy Effects for any proposed significant energy
action. The definition of a ``significant energy action'' is any action
by an agency that promulgated or is expected to lead to promulgation of
a final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use if the proposal were to be
implemented, and of reasonable alternatives to the action and their
expected benefits on energy supply, distribution, and use. Today's
final rule is not a significant regulatory action under Executive Order
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy. The Administrator of OIRA also
did not designate the final rule as a significant energy action.
Therefore, it is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91), DOE
must comply with section 32 of the Federal Energy Administration Act of
1974 (Pub. L. 93-275), as amended by the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub. L. 95-70) (15 U.S.C. 788).
Section 32 essentially provides that, where a proposed rule authorizes
or requires use of commercial standards, the rulemaking must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Attorney General and the
Chairman of the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition. This final rule to
repeal the test procedure for determining the energy efficiency of
microwave ovens does not authorize or require the use of any commercial
standards. Therefore, no consultation with either DOJ or FTC is
required.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
VI. Approval of the Office of the Assistant Secretary
The Assistant Secretary of DOE's Office of Energy Efficiency and
Renewable Energy has approved publication of today's final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons stated in the preamble, part 430 of chapter II of title
10, Code of Federal Regulations, is amended as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
Sec. 430.3 [Amended]
0
2. Section 430.3 is amended by removing paragraphs (l)(1) and (l)(2).
0
3. Section 430.23 is amended by revising paragraphs (i)(1), (i)(2),
(i)(4), and (i)(12) to read as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(i) Kitchen ranges and ovens. (1) The estimated annual operating
cost for conventional ranges, conventional cooking tops, and
conventional ovens shall be the sum of the following products: (i) The
total annual electrical energy consumption for any electrical energy
usage, in kilowatt-hours (kWh's) per year, times the representative
average unit cost for electricity, in dollars per kWh, as provided
pursuant to section 323(b)(2) of the Act; plus (ii) the total annual
gas energy consumption for any natural gas usage, in British thermal
units (Btu's) per year, times the representative average unit cost for
natural gas, in dollars per Btu, as provided pursuant to section
323(b)(2) of the Act; plus (iii) the total annual gas energy
consumption for any propane usage, in Btu's per year, times the
representative average unit cost for propane, in dollars per Btu, as
provided pursuant to section 323(b)(2) of the Act. The total annual
energy consumption for conventional ranges, conventional cooking tops,
and conventional ovens shall be as determined according to 4.3, 4.2.2,
and 4.1.2, respectively, of appendix I to this subpart. The estimated
annual operating cost shall be rounded off to the nearest dollar per
year.
(2) The cooking efficiency for conventional cooking tops and
conventional ovens shall be the ratio of the cooking energy output for
the test to the cooking energy input for the test, as determined
according to 4.2.1 and 4.1.3, respectively, of appendix I to this
[[Page 42584]]
subpart. The final cooking efficiency values shall be rounded off to
three significant digits.
* * * * *
(4) The energy factor for conventional ranges, conventional cooking
tops, and conventional ovens shall be the ratio of the annual useful
cooking energy output to the total annual energy input, as determined
according to 4.3, 4.2.3, 4.1.4, respectively, of Appendix I to this
subpart. The final energy factor values shall be rounded off to three
significant digits.
* * * * *
(12) Other useful measures of energy consumption for conventional
ranges, conventional cooking tops, and conventional ovens shall be
those measures of energy consumption which the Secretary determines are
likely to assist consumers in making purchasing decisions and which are
derived from the application of appendix I to this subpart.
* * * * *
0
4. Section 430.24 is amended by revising paragraph (i)(1) to read as
follows:
Sec. 430.24 Units to be tested.
* * * * *
(i)(1) Except as provided in paragraph (i)(2) of this section, for
each basic model of conventional cooking tops, and conventional ovens a
sample of sufficient size shall be tested to insure that--
(i) Any represented value of estimated annual operating cost,
energy consumption or other measure of energy consumption of a basic
model for which consumers would favor lower values shall be no less
than the higher of:
(A) the mean of the sample or
(B) the upper 97\1/2\ percent confidence limit of the true mean
divided by 1.05, and
(ii) Any represented value of the energy factor or other measure of
energy consumption of a basic model for which consumers would favor
higher values shall be no greater than the lower of:
(A) the mean of the sample or
(B) the lower 97\1/2\ percent confidence limit of the true mean
divided by .95.
* * * * *
0
5. Appendix I to Subpart B of Part 430 is amended:
0
a. In section 1. Definitions, by:
0
1. Removing section 1.5; and
0
2. Redesignating sections 1.6 through 1.11 as 1.5 through 1.10;
0
b. In section 2. Test Conditions, by:
0
1. Removing section 2.1.3;
0
2. Revising sections 2.2.1, 2.5, and 2.6;
0
3. Removing and reserving section 2.8, consisting of sections 2.8.1,
2.8.2, and 2.8.2.1;
0
4. Removing section 2.9.3.4;
0
5. Redesignating section 2.9.3.5 as 2.9.3.4; and
0
6. Revising sections 2.9.1.1, 2.9.1.2, 2.9.3.1, and 2.9.5;
0
c. In section 3. Test Methods and Measurements, by:
0
1. Revising sections 3.1.1 introductory text, 3.1.1.1, and 3.1.2;
0
2. Removing section 3.1.3, consisting of section 3.1.3.1;
0
3. Removing 3.2.3, and 3.3.13;
0
d. In section 4. Calculation of Derived Results From Test Measurements,
by:
0
1. Revising sections 4.3; and
0
2. Removing section 4.4, consisting of sections 4.4.1, 4.4.2, 4.4.3,
4.4.4 and 4.4.5;
The revisions read as follows:
Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Conventional Ranges, Conventional Cooking
Tops, Conventional Ovens, and Microwave Ovens
* * * * *
2. Test Conditions
* * * * *
2.2.1 Electrical supply. Maintain the electrical supply to the
conventional range, conventional cooking top, and conventional oven
being tested at 240/120 volts except that basic models rated only at
208/120 volts shall be tested at that rating. Maintain the voltage
within 2 percent of the above specified voltages.
* * * * *
2.5 Ambient room air temperature. During the test, maintain an
ambient room air temperature, TR, of 77[deg]
9 [deg]F (25[deg] 5 [deg]C) for conventional ovens and
cooking tops, as measured at least 5 feet (1.5 m) and not more than
8 feet (2.4 m) from the nearest surface of the unit under test and
approximately 3 feet (0.9 m) above the floor. The temperature shall
be measured with a thermometer or temperature indicating system with
an accuracy as specified in Section 2.9.3.1.
2.6 Normal nonoperating temperature. All areas of the appliance
to be tested shall attain the normal nonoperating temperature, as
defined in Section 1.5, before any testing begins. The equipment for
measuring the applicable normal nonoperating temperature shall be as
described in Sections 2.9.3.1, 2.9.3.2, 2.9.3.3, and 2.9.3.4, as
applicable.
* * * * *
2.8 [Reserved]
* * * * *
2.9.1.1 Watt-hour meter. The watt-hour meter for measuring the
electrical energy consumption of conventional ovens and cooking tops
shall have a resolution of 1 watt-hour (3.6 kJ) or less and a
maximum error no greater than 1.5 percent of the measured value for
any demand greater than 100 watts.
2.9.1.2 Watt meter. The watt meter used to measure the
conventional oven, conventional range, or range clock power shall
have a resolution of 0.2 watt (0.2 J/s) or less and a maximum error
no greater than 5 percent of the measured value.
* * * * *
2.9.3.1 Room temperature indicating system. The room temperature
indicating system shall be as specified in Section 2.9.3.4 for
ranges, ovens and cooktops.
* * * * *
2.9.5 Scale. The scale used for weighing the test blocks shall
have a maximum error no greater than 1 ounce (28.4 g).
* * * * *
3. Test Methods and Measurements
3.1 Test methods.
3.1.1 Conventional oven. Perform a test by establishing the
testing conditions set forth in Section 2, ``TEST CONDITIONS,'' of
this Appendix, and adjust any pilot lights of a conventional gas
oven in accordance with the manufacturer's instructions and turn off
the gas flow to the conventional cooking top, if so equipped. Before
beginning the test, the conventional oven shall be at its normal
nonoperating temperature as defined in Section 1.5 and described in
Section 2.6. Set the conventional oven test block W1
approximately in the center of the usable baking space. If there is
a selector switch for selecting the mode of operation of the oven,
set it for normal baking. If an oven permits baking by either forced
convection by using a fan, or without forced convection, the oven is
to be tested in each of those two modes. The oven shall remain on
for at least one complete thermostat ``cut-off/cut-on'' of the
electrical resistance heaters or gas burners after the test block
temperature has increased 234 [deg]F (130 [deg]C) above its initial
temperature.
3.1.1.1 Self-cleaning operation of a conventional oven.
Establish the test conditions set forth in Section 2, ``TEST
CONDITIONS,'' of this Appendix. Adjust any pilot lights of a
conventional gas oven in accordance with the manufacturer's
instructions and turn off the gas flow to the conventional cooking
top. The temperature of the conventional oven shall be its normal
nonoperating temperature as defined in Section 1.5 and described in
Section 2.6. Then set the conventional oven's self-cleaning process
in accordance with the manufacturer's instructions. If the self-
cleaning process is adjustable, use the average time recommended by
the manufacturer for a moderately soiled oven.
* * * * *
3.1.2 Conventional cooking top. Establish the test conditions
set forth in Section 2, ``TEST CONDITIONS,'' of this Appendix.
Adjust any pilot lights of a conventional gas cooking top in
accordance with the manufacturer's instructions and turn off the gas
flow to the conventional oven(s), if so equipped. The temperature of
the conventional cooking top shall be its normal nonoperating
temperature as defined in Section 1.5 and described in Section 2.6.
Set the test block in the center of the surface unit under test. The
small test block, W2, shall be used on electric surface
units of 7 inches (178 mm) or less in diameter. The large test
block, W3, shall be used on electric surface units over 7
inches (177.8 mm) in diameter and on all gas surface units. Turn on
the surface unit under test and set its energy input rate to the
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maximum setting. When the test block reaches 144 [deg]F (80 [deg]C)
above its initial test block temperature, immediately reduce the
energy input rate to 25 5 percent of the maximum energy
input rate. After 15 0.1 minutes at the reduced energy
setting, turn off the surface unit under test.
* * * * *
4. Calculation of Derived Results From Test Measurements
* * * * *
4.3 Combined components. The annual energy consumption of a
kitchen range, e.g. a cooktop and oven combined, shall be the sum of
the annual energy consumption of each of its components. The annual
energy consumption for other combinations of ovens and cooktops will
also be treated as the sum of the annual energy consumption of each
of its components. The energy factor of a combined component is the
sum of the annual useful cooking energy output of each component
divided by the sum of the total annual energy consumption of each
component.
[FR Doc. 2010-17773 Filed 7-21-10; 8:45 am]
BILLING CODE 6450-01-P
