Energy Conservation Program for Consumer Products: Test Procedure for Microwave Ovens, 42612-42630 [2010-17775]
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
accurately. 62 FR 51976.1 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) 2
and measures microwave oven cooking
efficiency and energy factor (EF). Id.
However, 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).
As part of the appliance standards
analysis leading to a final rule
published on April 8, 2009 (74 FR
16040), DOE tested 32 microwave
ovens, and the Association of Home
Appliance Manufacturers (AHAM)
tested 21 additional units, for a total of
53 microwave ovens, according to the
DOE microwave oven test procedure,
using provisions from both IEC
Standard 705 and IEC Standard 60705.3
DOE observed significant variability in
the cooking efficiency measurements
from both methods, and was unable to
ascertain why similarly designed,
equipped, and constructed microwave
ovens showed varying efficiencies.4
Because DOE is not aware of other
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, DOE has published a
final rule elsewhere in today’s Federal
Register to repeal the existing active
mode provisions in the microwave oven
test procedure.
The public meeting announced in
today’s notice is the first step in
considering the development of a new
active mode test procedure for
microwave ovens. DOE will work with
industry and interested parties to
discuss the various issues associated
with the current microwave oven test
procedure, and to determine if any test
methods are currently available to
address these concerns.
DOE will make a presentation
summarizing the current status and will
initiate a discussion regarding any test
procedures that could help address each
issue. DOE encourages those who wish
to participate in the meeting to make
presentations that address these issues.
If you would like to make a presentation
during the meeting, please inform Ms.
Edwards at least two weeks before the
date of the meeting and provide her
with a copy of your written material at
least one week before the date of the
meeting.
The meeting will be conducted in an
informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs or prices, market
shares, or other commercial matters
regulated by antitrust law. After the
meeting and a period for written
statements, DOE will begin collecting
data and developing a notice of
proposed rulemaking for the microwave
oven test procedure.
1 DOE’s active mode test procedure was formerly
codified at appendix I to subpart B of Title 10 of
the Code of Federal Regulations (CFR).
2 IEC standards are available online at: https://
www.iec.ch.
3 Both DOE’s and AHAM’s microwave oven
samples contained units with manufacturer-rated
output powers ranging from 700 to 1,300 W.
4 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.
SUMMARY:
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Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–17774 Filed 7–21–10; 8:45 am]
BILLING CODE 6450–01–P
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
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
On October 17, 2008, the U.S.
Department of Energy (DOE) issued a
notice of proposed rulemaking (NOPR)
in which DOE proposed test procedures
for microwave ovens under the Energy
Policy and Conservation Act (EPCA) to
measure standby mode and off mode
power use by microwave ovens. To
address issues raised in comments
responding to the NOPR, DOE
conducted additional research and
analysis. In today’s supplemental notice
of proposed rulemaking (SNOPR), DOE
proposes adopting definitions of modes
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based on the relevant provisions from
the IEC Standard 62301, Household
electrical appliances—Measurement of
standby power, Second Edition,
Committee Draft for Vote (IEC Standard
62301 CDV), as well as language to
clarify application of these provisions
for measuring standby mode and off
mode power consumption in microwave
ovens. DOE will hold a public meeting
to discuss and receive comments on the
issues presented in this SNOPR.
DATES: DOE will hold a public meeting
on Thursday, September 16, 2010, from
9 a.m. to 4 p.m., in Washington, DC.
DOE must receive requests to speak at
the public meeting before 4 p.m.,
Thursday, September 2, 2010. DOE must
receive a signed original and an
electronic copy of statements to be given
at the public meeting before 4 p.m.,
Thursday, September 9, 2010.
DOE will accept comments, data, and
information regarding this SNOPR
before and after the public meeting, but
no later than October 4, 2010. For
details, see section V, ‘‘Public
Participation’’, of this SNOPR.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. To attend
the public meeting, please notify Ms.
Brenda Edwards at (202) 586–2945.
Please note that foreign nationals
visiting DOE Headquarters are subject to
advance security screening procedures.
Any foreign national wishing to
participate in the meeting should advise
DOE as soon as possible by contacting
Ms. Edwards to initiate the necessary
procedures.
Any comments submitted must
identify the SNOPR on Test Procedures
for Microwave Ovens, and provide the
docket number EERE–2008–BT–TP–
0011 and/or regulatory information
number (RIN) 1904–AB78. Comments
may be submitted using any of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. E-mail: MicroOven-2008-TP0011@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.,
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
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024. Telephone:
(202) 586–2945. Please submit one
signed original paper copy.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V (Public Participation) of
this document.
Docket: For access to the docket to
read background documents or
comments received, visit the U.S.
Department of Energy, 6th Floor, 950
L’Enfant Plaza, SW., Washington, DC
20024, (202) 586–2945, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Please call Ms.
Brenda Edwards at the above telephone
number for additional information about
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Wes Anderson, U.S. Department of
Energy, Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Tel.: (202)
586–7335. E-mail:
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:
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Table of Contents
I. Background and Legal Authority
II. Summary of the Proposal
III. Discussion
A. Products Covered by This Test
Procedure Rulemaking
B. Effective Date for the Test Procedure
C. Measures of Energy Consumption
D. Incorporating by Reference IEC Standard
62301 for Measuring Standby Mode and
Off Mode Power in Microwave Ovens
E. Definitions of ‘‘Active Mode’’, ‘‘Standby
Mode’’, and ‘‘Off Mode’’
F. Specifications for the Test Methods and
Measurements for Microwave Oven
Standby Mode and Off Mode Testing
G. Other Issues
H. Compliance With Other EPCA
Requirements
IV. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
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I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration (FEA) Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to
Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Covered Products
2. Cooking Efficiency Test Load
3. Incorporation of IEC Standard 62301
4. Mode Definitions
5. Test Cycle
6. Test Procedure Waivers for Products for
Which Test Measurements Are Not
Representative
VI. Approval of the Office of the Assistant
Secretary
I. Background and Legal Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et
seq.; EPCA or the Act) sets forth a
variety of provisions designed to
improve energy efficiency. Part A of
Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles’’ for consumer
products, including microwave ovens.
(42 U.S.C. 6291(1)-(2) and 6292(a)(10))
Under the Act, this program consists
essentially of three parts: Testing,
labeling, and establishing Federal
energy conservation standards.
Manufacturers of covered products
must use DOE test procedures to certify
that their products comply with energy
conservation standards adopted under
EPCA and to represent the efficiency of
their products. (42 U.S.C. 6295(s); 42
U.S.C. 6293(c)) DOE must also use DOE
test procedures in any action to
determine whether covered products
comply with EPCA standards. (42 U.S.C.
6295(s)) Criteria and procedures for
DOE’s adoption and amendment of such
test procedures, as set forth in EPCA,
require that test procedures be
reasonably designed to produce test
results which measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use. Test
procedures must also not be unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3))
If DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
and offer the public an opportunity to
present oral and written comments on
them. (42 U.S.C. 6293(b)(2)) In any
rulemaking to amend a test procedure,
DOE must determine to what extent the
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proposed test procedure would alter the
measured energy efficiency of any
covered product as determined under
the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the
amended test procedure would alter the
measured efficiency of a covered
product, DOE must amend the
applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
DOE is also required to amend the test
procedures for covered products to
address standby mode and off mode
energy consumption and to integrate
such energy consumption into the
energy descriptor for that product
unless the current test procedures
already fully account for such
consumption. If integration is
technically infeasible, DOE must
prescribe a separate standby mode and
off mode energy use test procedure, if
technically feasible. (42 U.S.C.
6295(gg)(2)(A)) Any such amendment
must consider the most current versions
of IEC Standards 62301 [‘‘Household
electrical appliances—Measurement of
standby power,’’ First Edition 2005–06
(IEC Standard 62301)1 2] and IEC
Standard 62087 [‘‘Methods of
measurement for the power
consumption of audio, video, and
related equipment,’’ Second Edition
2008–09]. Id. For microwave ovens,
DOE must prescribe any such
amendment by March 31, 2011. (42
U.S.C. 6295(gg)(2)(B)(vi))
Historically, DOE’s test procedure for
microwave ovens appeared at appendix
I to subpart B of Title 10 of the Code of
Federal Regulations (CFR).3 That test
procedure was part of an October 3,
1997, final rule that also revised the test
procedures for other cooking products
to measure their efficiency and energy
use more accurately. 62 FR 51976. That
final rule incorporated portions of the
International Electrotechnical
Commission (IEC) Standard 705–1998
and Amendment 2–1993, ‘‘Methods for
Measuring the Performance of
Microwave Ovens for Households and
Similar Purposes’’ to measure
microwave oven cooking efficiency, but
did not address energy use in the
standby or off modes. Id.
DOE published a notice of proposed
rulemaking (NOPR) on October 17, 2008
1 IEC standards are available for purchase at:
https://www.iec.ch.
2 Multiple editions of this standard are referenced
in this SNOPR. Unless otherwise indicated, the
terms ‘‘IEC Standard 62301’’ or ‘‘IEC Standard 62301
First Edition’’ refer to ‘‘Household electrical
appliances—measurement of standby power’’ (First
Edition, 2005–06).
3 As explained in more detail later in the
preamble, DOE published a final rule to repeal the
active mode test procedure for microwave ovens
elsewhere in today’s Federal Register.
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
(hereafter referred to as the October
2008 TP NOPR), in which it proposed
incorporating provisions from IEC
Standard 62301 into the DOE active
mode test procedure, as well as
language to clarify application of these
provisions for measuring standby mode
and off mode power in microwave
ovens. The October 2008 TP NOPR also
proposed correcting a technical error in
the calculation of microwave test
cooking energy output. 73 FR 62134
(Oct. 17, 2008). DOE held a public
meeting on November 14, 2008
(hereafter referred to as the November
2008 public meeting), to hear oral
comments on and solicit information
relevant to the October 2008 TP NOPR.
Interested parties remarked upon,
among other things, harmonization of
standards and test procedures with
those of other countries and
international agencies. In particular
commenters urged DOE to consider IEC
Standard 62301 Second Edition, which
was in the process of being finalized
and published.
After the October 2008 TP NOPR was
published, DOE determined that it
would consider the revised version of
IEC Standard 62301, i.e., IEC Standard
62301 Second Edition, in the microwave
oven test procedure rulemaking. The
revised version was expected in July
2009. DOE anticipated, based on review
of drafts of the updated IEC Standard
62301, that the revisions could include
different mode definitions.
DOE later received information that
IEC Standard 62301 Second Edition is
not expected to be issued until late
2010. Because EPCA requires DOE to
establish test procedures for standby
and off mode by March 31, 2011 and
DOE is conducting a concurrent energy
conservation standards rulemaking for
standby and off mode energy use,
discussed below, DOE publishes today’s
SNOPR to consider the new mode
definitions from the most recent draft
version of IEC Standard 62301,
designated as IEC Standard 62301
Second Edition, Committee Draft for
Vote (IEC Standard 62301 CDV). IEC
Standard 62301 CDV contains proposed
amendments to IEC Standard 62301,
including new mode definitions based
on those proposed in IEC Standard
62301 Second Edition, Committee Draft
2 (IEC Standard 62301 CD2) 4 and which
address comments received by
interested parties in response to IEC
Standard 62301 CD2. As a result of this
continued refinement on the basis of
public comment, DOE believes that
these most recent mode definitions
4 IEC Standard 62301 CD2 was the draft version
immediately preceding IEC Standard 62301 CDV.
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represent the best definitions available
for the analysis in support of today’s
SNOPR.
As stated in the previous paragraph,
DOE is considering amended microwave
oven energy conservation standards
addressing standby and off mode energy
use concurrently with the test procedure
rulemaking process. The National
Appliance Energy Conservation Act of
1987 (NAECA; Pub. L. 100–12), which
amended EPCA, established prescriptive
standards for kitchen ranges and ovens,
but no standards were established for
microwave ovens. 42 U.S.C. 6295(h) The
NAECA amendments also required DOE
to conduct two cycles of rulemakings to
determine whether to revise the
standard. DOE undertook the first cycle
of these rulemakings and issued a final
rule on September 8, 1998 (63 FR
48038), in which DOE found that no
amended standards were justified for
electric cooking products, including
microwave ovens.
DOE initiated the second cycle of
energy conservation standards
rulemakings for cooking products by
publishing a framework document
covering, in part, microwave ovens, and
giving notice of a public meeting and
the availability of the document. 71 FR
15059 (March 27, 2006). In its
subsequent advance notice of proposed
rulemaking (ANOPR) (72 FR 64432,
Nov. 15, 2007; hereafter the November
2007 ANOPR) concerning energy
conservation standards for commercial
clothes washers and residential
dishwashers, dehumidifiers, and
cooking products, including microwave
ovens (hereafter referred to as the
appliance standards rulemaking), DOE
determined that energy consumption by
microwave ovens in the standby mode
represents a significant portion of
microwave oven energy use, and that a
standard regulating such energy
consumption would likely have
significant energy savings. 72 FR 64432,
64441–42 (Nov. 15, 2007). Before
standby power could be included in an
efficiency standard for microwave
ovens, however, test procedures for the
measurement of standby power would
be required. Id.
On December 13, 2007, DOE held a
public meeting to receive and discuss
comments on the November 2007
ANOPR (hereafter referred to as the
December 2007 public meeting). At the
December 2007 public meeting, DOE
presented for discussion the possibility
that test standard IEC Standard 62301
First Edition could be incorporated by
reference into DOE’s microwave oven
test procedure to measure standby
power. DOE also discussed
clarifications to the IEC Standard 62301
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test conditions at the December 2007
public meeting, including a requirement
that, if the measured power is not stable,
the standby mode power test would be
run for a period of 12 hours with an
initial clock setting of 12 a.m. This
would permit more accurate
measurement of average standby power
consumption.
DOE published a NOPR for the
appliance standards rulemaking on
October 17, 2008, in which it tentatively
concluded that a standard for
microwave oven standby mode and off
mode energy consumption would be
technologically feasible and
economically justified. 73 FR 62034.
DOE received responses to the NOPR
from interested parties regarding the
harmonization of standards and test
procedures with those of other countries
and international agencies. As a result
of these comments, DOE decided to
consider the revised version of IEC
Standard 62301 (i.e., IEC Standard
62301 Second Edition) in the
development of energy conservation
standards for the standby mode and off
mode power consumption of microwave
ovens. As stated above, issuance of the
revised version was expected in July
2009 but is now expected in late-2010,
and as a result, DOE is considering the
most recent draft version IEC Standard
62301 CDV for today’s SNOPR.
In a final rule published on April 8,
2009 (74 FR 16040), DOE established
amended standards for gas cooking
products, but again found that no active
mode cooking efficiency standards were
justified for electric cooking products,
including microwave ovens. This
rulemaking completed the second cycle
of rulemakings required by the NAECA
amendments to EPCA. (42 U.S.C.
6295(h)(2))
In its analysis for the second cycle of
rulemakings, DOE determined that the
microwave oven test procedure
provisions to measure cooking
efficiency do not produce accurate and
repeatable test results. DOE is unaware
of any test procedures that have been
developed that address the concerns
with the DOE microwave oven cooking
efficiency test procedure. DOE,
therefore, repealed the regulatory
provisions establishing the cooking
efficiency test procedure for microwave
ovens under EPCA in a final rule
published elsewhere in today’s Federal
Register. DOE has also published a
notice of a public meeting to discuss a
separate rulemaking process to establish
new provisions for measuring
microwave oven energy efficiency in
active (cooking) mode in today’s
Federal Register.
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II. Summary of the Proposed Rule
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In the October 2008 TP NOPR and
this SNOPR, DOE proposes amending
its test procedures for microwave ovens
to:
(1) Assist DOE in the concurrent
development of energy conservation
standards that address use of standby
mode and off mode power by this
product.
(2) Address the statutory requirement
to establish procedures for the
measurement of standby mode and off
mode power consumption.
In the October 2008 TP NOPR, DOE
proposed incorporating by reference
specific clauses from IEC Standard
62301 regarding test conditions and
testing procedures for measuring the
average standby mode and average off
mode power consumption into the
microwave oven test procedure.5 These
proposals are not affected by this
SNOPR, though DOE proposes in this
SNOPR to incorporate two additional
clauses from IEC Standards 62301, as
described in more detail below. DOE
also proposes in this SNOPR to
incorporate into the microwave oven
test procedure definitions of ‘‘active
mode,’’ ‘‘standby mode,’’ and ‘‘off mode’’
that are based on the definitions
provided in IEC Standard 62301 CDV.
DOE further proposes language to clarify
the application of clauses from IEC
Standard 62301 for measuring standby
mode and off mode power in this
SNOPR. Specifically, DOE proposes
defining the test duration for cases in
which the measured power is not stable
(i.e., varies over a cycle), recognizing
that the power consumption of
microwave oven displays can vary
based on the displayed clock time.
The EISA 2007 amendments to EPCA
direct DOE to amend the microwave
oven test procedure to integrate energy
consumption in standby mode and off
mode into the overall energy descriptor.
(42 U.S.C. 6295(gg)(2)(A)) If that is
technically infeasible, DOE must instead
prescribe a separate standby mode and
off mode energy use test procedure, if
technically feasible. Id.
In response to the October 2008 TP
NOPR, DOE received comments from
interested parties regarding the accuracy
and repeatability of the existing DOE
5 DOE also proposed in the October 2008 TP
NOPR a technical correction to the equation for
calculating the microwave oven test cooking energy
output which, as stated at the time in the test
procedure, produced a value with incorrect units.
Because DOE published a final rule elsewhere in
today’s Federal Register that eliminated provisions
for measuring microwave oven cooking energy use,
including the calculation of test cooking energy
output, DOE no longer is proposing such a technical
correction.
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microwave oven test procedure for
measuring cooking efficiency. Because
of issues DOE identified with using its
existing microwave oven test procedure,
including the large test-to-test variation
in cooking efficiency measurements,
and because DOE is unaware of any test
procedures that have been developed
that address the concerns with the DOE
microwave oven cooking efficiency test
procedure raised by these interested
parties, DOE repealed the provisions in
the existing microwave oven test
procedure relating to the measurement
of cooking efficiency and energy factor
(EF) elsewhere in today’s Federal
Register. Therefore, the requirement to
integrate energy consumption in
standby mode and off mode into an
overall energy descriptor does not
apply. DOE also published a notice in
today’s Federal Register announcing a
public meeting to consider developing a
new test procedure for active mode
energy consumption of microwave
ovens, and DOE will consider the
statutory requirement to integrate the
test procedures for standby and off
mode as any active mode test
procedures are developed.
As noted above, EPCA requires that
DOE determine whether a proposed test
procedure amendment would alter the
measured efficiency of a product,
thereby requiring adjustment of existing
standards. (42 U.S.C. 6293(e)) Because
there are currently no Federal energy
conservation standards for microwave
ovens (including energy use in the
standby and off modes), such
requirement does not apply to this
rulemaking. DOE is conducting a
concurrent rulemaking process to
consider standby and off mode energy
conservation standards and will
consider this test procedure rulemaking
as any standards are developed.
III. Discussion
A. Products Covered by This Test
Procedure Rulemaking
This proposal would amend the test
procedures for kitchen ranges and ovens
to include test procedures for the
measurement of standby mode and off
mode power use for microwave ovens.
This proposal would also clarify that the
definition of ‘‘microwave oven’’ in 10
CFR 430.2 includes microwave ovens
with or without thermal elements
designed for surface browning of food
and combination ovens.
DOE defines ‘‘microwave oven’’ as ‘‘a
class of kitchen ranges and ovens which
is a household cooking appliance
consisting of a compartment designed to
cook or heat food by means of
microwave energy.’’ 10 CFR 430.2. In the
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October 2008 TP NOPR, DOE stated that
the proposed amendments would
establish test procedures for all
microwave ovens for which the primary
source of heating energy is
electromagnetic (microwave) energy,
including microwave ovens with or
without thermal elements designed for
surface browning of food. DOE stated
that the proposal did not address test
procedures for combination ovens (i.e.,
ovens consisting of a single
compartment in which microwave
energy and one or more other
technologies, such as thermal or halogen
cooking elements or convection
systems, contribute to cooking the food).
DOE noted that the proposal also did
not propose test procedures for the type
of cooking appliance classified by DOE
regulations as a microwave/
conventional range, which has separate
compartments or components consisting
of a microwave oven, a conventional
oven, and a conventional cooking top.
DOE requested data on the efficiency
characteristics of combination ovens in
the November 2007 ANOPR, but did not
receive any information. DOE also noted
in the October 2008 TP NOPR that if
this information is made available at a
later date, DOE may consider
combination ovens in future
proceedings. 73 FR 62134, 62137 (Oct.
17, 2008).
The Association of Home Appliance
Manufacturers (AHAM), GE Consumer &
Industrial (GE), Pacific Gas & Electric
(PG&E), Whirlpool Corporation
(Whirlpool), and Earthjustice (EJ)
commented that the proposed definition
for products covered by this test
procedure was unclear, seeking
clarification on the definition of a
‘‘microwave oven’’ and ‘‘combination
oven’’ and whether combination ovens
would be covered by the test procedure.
(AHAM, No. 8 at pp. 1–2; GE, Public
Meeting Transcript, No. 7 at pp. 16–17;
PG&E, Public Meeting Transcript, No. 7
at pp. 24–25, 32; Whirlpool, Public
Meeting Transcript, No. 7 at p. 21; EJ,
Public Meeting Transcript, No. 7 at pp.
24, 32)
The Appliance Standards Awareness
Project (ASAP) questioned the need to
determine whether combination ovens
fall within the definition of a microwave
oven for this rulemaking, because the
rulemaking is focused on standby
power. (ASAP, Public Meeting
Transcript, No. 7 at p. 26) GE cited
DOE’s statement in the October 2008 TP
NOPR that the proposal does not
provide test procedures for combination
ovens because DOE did not have
sufficient efficiency characteristic data
to include these products in the
rulemaking, but that microwave ovens
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with or without thermal elements are
included. GE also stated that the
proposed definition for microwave
ovens is unclear, inconsistent with
current regulations, and leads to
confusion about what is a covered
product. (GE, No. 9 at pp. 2–3) GE
suggested that DOE review available
data, determine the types of products
used to generate the data, and include
them in the rulemaking if there is
adequate data. GE added that, if there is
insufficient characteristic data to
support DOE’s analysis, these products
should be excluded. GE also requested
clarification on microwave ovens with
thermal elements, because there are
microwave ovens that also grill or
brown. GE stated that there are units
that have modes that are grill-only and
microwave-only, but if there was a
combination microwave-grill cycle that
would classify it as a combination unit.
(GE, Public Meeting Transcript, No. 7 at
pp.16–17)
AHAM, likewise, noted no mention of
‘‘thermal elements designed for surface
browning of food’’ in the definition in 10
CFR 430.2, and added that the proposed
definition for microwave ovens is
inconsistent with current regulations.
AHAM urged DOE to clarify these
definitions through a transparent
process involving all interested parties.
(AHAM, No. 8 at p. 2) Whirlpool added
that they manufacture a product, and
believes GE does as well, that can work
as a microwave only, work as a
convection oven, or in combination and
questioned whether this would be a
covered product. (Whirlpool, Public
Meeting Transcript, No. 7 at p. 21)
ASAP commented that they
understood a microwave grill to be a
microwave and not a combination oven,
questioned whether such a unit with a
combined cooking cycle would be
considered a covered product, and
asked whether DOE had information
indicating that combination ovens
cannot be measured under the test
procedure proposed in the October 2008
TP NOPR. (ASAP, Public Meeting
Transcript, No. 7 at p. 18) PG&E stated
that for products with browning
functions that cook by microwave
energy, the controls could be set to use
only the browning function, in which
case the product would not be covered
(PG&E, Public Meeting Transcript, No. 7
at pp. 19–20), and noted that many
microwaves in homes also have
functions which would cause them to be
classified as combination ovens. (PG&E,
Public Meeting Transcript, No. 7, pp.
21–22) EJ stated that even a combination
product would still be considered a
household cooking appliance that
consists of a compartment designed to
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cook or heat food using microwave
energy. (EJ, Public Meeting Transcript,
No. 7 at p. 24)
ASAP, Alliance to Save Energy (ASE),
American Council for an EnergyEfficient Economy (ACEEE), Natural
Resources Defense Council (NRDC),
Northeast Energy Efficiency
Partnerships (NEEP), Northwest Power
and Conservation Council (NPCC), and
Southern California Edison (SoCal
Edison) in a joint comment (hereafter
‘‘Joint Comment’’) supported the
application of the proposed standard
and test procedure to at least the
category of microwave ovens specified
in the October 2008 TP NOPR, and
supported their application to all
microwave ovens, including
combination ovens, in the absence of
evidence that the proposed standard
and test procedure are unreasonable.
(Joint Comment, No. 11 at pp. 1–2) The
Joint Comment supported Whirlpool’s
assertion that DOE appears to be
creating a new product definition, and
stated that, although DOE’s proposed
exclusion of combination ovens does
not appear in the draft text of either the
proposed microwave oven efficiency
standard or revision to the test
procedure, the plain reading of the
October 2008 TP NOPR makes it clear
that some portion of this product class
is proposed to be carved out for separate
treatment. The Joint Comment pointed
out that manufacturers have not
presented evidence that the proposed
test procedure per se is impractical or
unworkable for any class of microwave
ovens and recommended that the test
procedure be finalized as proposed, so
that standby and off mode power use of
all microwave ovens can be measured,
and leave the coverage of the efficiency
standard to the efficiency standard
rulemaking. (Joint Comment, No. 11 at
p. 2)
ASAP noted that DOE elected to move
the test procedure modification for
microwave ovens forward to incorporate
standby mode while the remainder of
cooking products will be addressed by
the EISA 2007 statutory date, and
inquired about the interpretation that
combination ovens would thus be
addressed in the 2011 rulemaking.
(ASAP, Public Meeting Transcript, No.
7 at pp. 29–31)
GE noted that the majority of over-therange units are microwave only and are
not combination modes (GE, Public
Meeting Transcript, No. 7 at p. 33) and
combination ovens represent a smaller
segment of the market. (GE, Public
Meeting Transcript, No. 7 at pp. 28–29)
EJ commented that although
combination ovens are a very small
portion of the market, they represent
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Sfmt 4702
higher-end units that presumably would
be the ones with the thermal elements
and are more likely to have highintensity displays, maybe with backing
fluorescents. EJ pointed out that DOE
could be allowing manufacturers to
have excessive standby consumption on
those products deemed to be
combination ovens, if they are not
covered. (EJ, Public Meeting Transcript,
No. 7 at p. 32)
The Joint Comment also noted that
excluding subclasses of microwave
ovens that comprise a significant share
of the total microwave oven market from
the coverage of the standby efficiency
standard could invite actions by States
to set efficiency standards for those
uncovered products. (Joint Comment,
No. 11 at p. 2) PG&E suggested
clarifying what products are covered,
because California and PG&E intend to
pursue a state standard for combination
ovens. (PG&E, Public Meeting
Transcript, No. 7 at pp. 24–25) PG&E
also stated that it would advocate in
California for a prescriptive standard
covering just standby energy use of
combination ovens to bring it in line
with microwave-only products. (PG&E,
Public Meeting Transcript, No. 7 at p.
32)
In response, DOE first notes that, for
this SNOPR, it conducted a survey of
microwave oven models currently
available on the U.S. market, including
countertop, over-the-range, and built-in
configurations. DOE determined that
fewer than 1 percent of the available
models (1 out of 129) have thermal
elements for grilling but no convection
capability, while 16 percent (21 out of
129) are combination units (microwave
+ convection and possibly thermal
elements). Although DOE does not have
shipment-weighted data regarding the
percentage of microwave ovens with
thermal elements for grilling or
combination ovens, DOE does not
believe that including microwave ovens
with thermal elements only, with or
without further specification of the
function of the thermal elements, would
substantially affect the number or scope
of covered products in this rulemaking.
DOE proposes to clarify that microwave
ovens with thermal elements only
would be considered covered products
under the definition provided in 10 CFR
430.2. Based on DOE’s product
literature review for the single available
microwave oven with thermal elements
only, DOE believes that the standby and
off mode operation for microwave ovens
with thermal elements only does not
differ from that of microwave-only
units.
DOE also proposes to clarify that
combination microwave ovens (i.e.,
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microwave ovens that incorporate
convection features and possibly other
means of cooking) would be considered
covered products under the regulatory
definition in 10 CFR 430.2 because they
are capable of cooking or heating food
by means of microwave energy. As a
result, DOE analyzed the features and
operation of these products, conducting
in-store surveys and product literature
reviews, to determine if additional
testing procedures would be required
that differ from the testing procedures
for microwave-only units. DOE
recognizes that combination ovens may
have more sophisticated displays and
menu screens, as well as additional
features associated with active mode
operation (i.e., fans, heater elements,
etc.) that may require larger power
supplies than a microwave-only unit
and therefore may consume more power
in standby or off mode. However, based
on its preliminary analysis, DOE
believes that the general standby and off
mode operation for combination
microwave ovens does not differ from
that of microwave-only units and
microwave ovens with thermal elements
only. The standby mode operation for
combination microwave ovens, as with
other types of microwave ovens,
consists of an energized display with a
clock.
This SNOPR does not affect DOE’s
proposal from the October 2008 TP
NOPR that the test procedure would
cover microwave ovens with and
without browning (thermal) elements.
However, this SNOPR clarifies what is
meant by a combination oven and
revises the proposal to include
microwave ovens that incorporate
convection systems as products to
which the test procedures would be
applicable. Because DOE tentatively
determines that the operation in standby
and off mode for microwave-only units,
microwave ovens with thermal elements
only, and combination microwave ovens
is the same, DOE is proposing that the
same test procedure amendments for
standby and off mode testing, discussed
in the sections below, be used for all of
these product types. DOE welcomes
comment on this determination and
whether there are additional standby
and off modes or other product features
for each particular type of microwave
oven that would require separate testing
procedures.
B. Effective Date for the Test Procedure
and Date on Which Use of the Test
Procedure Would Be Required
As indicated above, EPCA requires
that the microwave oven test procedure
be amended to incorporate
measurement of standby mode and off
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mode power by March 31, 2011. While
DOE published a NOPR on October 17,
2008 and subsequently a final rule on
April 8, 2009 for the appliance
standards rulemaking, DOE determined
it appropriate to consider the revised
IEC Standard 62301 Second Edition,
expected in July 2009, in determining
whether to adopt energy conservation
standards for the standby mode and off
mode power consumption of microwave
ovens. As noted in section I, DOE was
later notified that the revised IEC
Standard 62301 would not be available
until late 2010, and determined to
publish today’s SNOPR to consider the
new mode definitions from the language
in IEC Standard 62301 CDV.
The effective date of the standby and
off mode test procedures would be 30
days after the date of publication in the
Federal Register of any final rule in this
test procedures rulemaking. However,
DOE’s amended test procedure
regulations codified in the CFR would
clarify that the procedures and
calculations proposed in today’s SNOPR
need not be performed to determine
compliance with energy conservation
standards until compliance with any
final rule establishing amended energy
conservation standards for microwave
ovens in standby mode and off mode is
required. However, the standby mode
and off mode energy consumption test
procedures would need to be used by
manufacturers for making any
representations on standby and off
mode power consumption. Specifically,
clarification would also be provided
that, as of 180 days after publication of
any test procedure final rule, any
representations as to the standby mode
and off mode energy consumption of the
products that are the subject of this
rulemaking would need to be based
upon results generated under the
applicable provisions of this test
procedure. (42 U.S.C. 6293(c)(2))
AHAM suggested DOE harmonize its
effective date with the 2013 effective
date for a 1–Watt (W) standard in other
countries (AHAM, Public Meeting
Transcript, No. 7 at p.10), noting that
many other countries are moving to 1–
W standby requirements or targets for
reporting, and the European Union (EU)
is moving towards manufacturer selfreporting. AHAM stated that DOE’s
proposed standards are going to be one
of the most stringent in the world
(AHAM, Public Meeting Transcript, No.
7 at pp. 34–35), and as Europe is on the
forefront of standby power guidelines
and clarifications (AHAM, Public
Meeting Transcript, No. 7 at p. 9), DOE
must ensure that test procedures are as
thorough and current as possible and
capable of harmonization with
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42617
international standards. (AHAM, No. 8
at p.1)
AHAM cited deficiencies in the
proposed microwave oven test
procedure and suggested that the test
procedure be modified and reviewed
based on the original timeline of March
31, 2011, for incorporation of standby
power into kitchen ranges and ovens.
This, AHAM suggested, would ensure
that the test procedure is accurate and
consistent across all products and
within the international community.
(AHAM, No. 8 at p. 4) GE and Whirlpool
agreed with AHAM’s comments
regarding the status and condition of the
proposed test procedure (GE, No. 9 at p.
2; Whirlpool, No. 10, at p.1), and
Whirlpool also noted that the EU has
promulgated a standard for standby and
off mode energy consumption (1–W
standby mode, 0.5–W off mode) using a
draft of IEC Standard 62301, with an
effective date of January 2013.
Whirlpool asserted that consumers
would benefit from lower product costs
if manufacturers were able to plan for
one harmonized effective date for
standards in the United States and
Europe. (Whirlpool, No. 10 at p.1)
As noted above, DOE determined it
appropriate to consider the revised IEC
Standard 62301 Second Edition,
expected in July 2009, in developing
energy conservation standards for
microwave oven standby and off mode
power consumption. DOE was later
notified that the revised IEC Standard
62301 would not be available until late2010 and, therefore, determined to
consider the language from IEC
Standard 62301 CDV. DOE noted that
the EU recently enacted the Commission
Regulation (EC) No. 1275/2008 of
December 17, 2008, implementing
design requirements for standby and off
mode power for electrical and electronic
household and office equipment,
including microwave ovens. The
regulation specifies the maximum
allowable power consumption for
standby mode and off mode with
phased effective dates in 2010 and 2013.
Although these international effective
dates are not the basis for DOE’s energy
conservation standards rulemaking
schedule for microwave ovens, DOE’s
determination to consider the language
from IEC Standard 62301 CDV as this
rulemaking proceeds will result in a
methodology and an effective date
which are harmonized to the extent
possible with certain international
standby and off mode standards.
GE commented that it could be
difficult for manufacturers to meet the
1–W standard while providing
consumer utility, especially for overthe-range units, which, according to GE,
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cannot use Light Emitting Diode (LED)
and Liquid Crystal Display (LCD)
technologies. GE stated that the power
consumption of LEDs varies as a
function of what is illuminated, but
Vacuum Fluorescent Displays (VFDs)
have the same power draw even when
the display is off. (GE, Public Meeting
Transcript, No. 7 at p. 67) DOE plans to
address issues regarding the
technological feasibility and economic
justification of proposed energy
conservation standards for standby and
off mode energy consumption for
microwave ovens as part of the
concurrent appliance standards
rulemaking rather than this test
procedure rulemaking.
The Joint Comment stated that
deferring the microwave oven test
procedure revision until after the
finalization of the cooking products rule
will result in the exclusion of subclasses
of microwave ovens, which would
imply that States could set efficiency
standards for these products. The Joint
Comment further stated that, in this
case, some States may not realize these
energy savings until 2020—the earliest
effective date for a subsequent federal
cooking products rulemaking—but costeffective methods to reduce unnecessary
standby consumption from microwave
ovens are more immediately available.
(Joint Comment, No. 11 at p. 2) As
discussed above, DOE is considering
energy conservation standards for
microwave oven standby mode and off
mode energy consumption in a
concurrent rulemaking process.
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C. Measures of Energy Consumption
Historically, DOE’s microwave oven
test procedure provided for the
calculation of several measures of
energy consumption, including cooking
efficiency, energy factor (EF), and
annual energy consumption, and DOE’s
rulemaking analyses have used EF as
the energy conservation metric for
microwave ovens.6,7
A number of commenters provided
input on the integration of standby and
off mode test procedures in response or
the October 2008 TP NOPR, in which
DOE proposed separate metrics (average
standby mode power (PSB) in W and
average off mode power (POFF) in W,
rather than EF) to measure standby
6 As stated previously, DOE published a final rule
elsewhere in today’s Federal Register repealing the
active mode test procedure for microwave ovens
because of measurement variations incurred
through use of the test procedure.
7 DOE previously defined microwave oven EF in
10 CFR 430.23 (i)(2) as the ratio of (Annual Useful
Cooking Energy Output/Annual Total Energy
Consumption), which was equivalent to microwave
cooking efficiency (Test Energy Output/Test Energy
Consumption).
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mode and off mode power given the
measurement variability in the active
mode test procedure and related
concerns. 73 FR 62134, 62139 (Oct. 17,
2008).
AHAM commented that it is not
practical to include standby and off
mode power into a single energy
descriptor because standby power is a
substantial fraction of the overall energy
use of a microwave oven (AHAM, No.
8 at pp. 3–4), while the Joint Comment
supported DOE’s conclusion for a
separate metric. (Joint Comment No. 11
at p. 4) Whirlpool agreed that, although
a combination energy descriptor is
arithmetically possible, such a metric
would be illogical and should not be
pursued. (Whirlpool, No. 10 at p. 1)
PG&E commented that microwave ovens
do not have high annual energy usage,
and that the range of cooking efficiency
between the best and the worst is only
5–7 percent; this implies that cooking
efficiency is not a significant
opportunity for regulation, but that
standby efficiency is significant. (PG&E
Public Meeting Transcript, No. 7 at p.
41)
ASAP also cited substantial problems
with the test procedure for measuring
cooking efficiency that have not yet
been addressed, including a lack of
repeatable and consistent results and
the possibility that the challenge of
dealing with cooking efficiency is being
compounded by rating the cooking
efficiency of combination ovens in their
various cooking modes. (ASAP, Public
Meeting Transcript, No. 7 at p. 25) PG&E
noted that heat transfer in a microwave
oven depends on the specific resistivity
of the load, and that pure water has
relatively low specific resistivity, and
items that might be cooked in a
microwave oven would have more salt
and thus absorb microwave energy more
efficiently than pure water. PG&E noted
that, while water is easily obtainable for
testing, using it probably results in
lower cooking efficiency measurements
than would be expected from using
actual food products. (PG&E, Public
Meeting Transcript, No. 7 at pp. 44–45)
DOE addressed the issues with the
cooking efficiency measurement in its
repeal of the active mode test procedure
and notice announcing a public meeting
to discuss the development of new
active mode test procedure published
elsewhere in today’s Federal Register.
DOE also believes that it is infeasible to
specify a food load in the test procedure
at this time. Specification of a food load
would require additional analysis and
inputs from interested parties to
understand what a representative food
load is and how to ensure consistency
in food properties from test to test. DOE
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is unaware of any test procedures that
have been developed that address the
concerns with the DOE microwave oven
cooking efficiency test procedure
discussed above. DOE is also unaware of
any research or data on consumer usage
indicating what a representative food
load would be, or any data showing how
changes to the representative test load
would affect the measured EF or
repeatability of test results. For these
reasons, DOE proposes only to establish
the test procedure for microwave ovens
to address standby mode and off mode
energy consumption in today’s SNOPR.
However, DOE welcomes consumer
usage data on representative food loads,
as well as data indicating how changes
to the test load would affect the
measured EF and on the repeatability of
such test results.
D. Incorporating by Reference IEC
Standard 62301 for Measuring Standby
Mode and Off Mode
EPCA, as amended by EISA 2007,
requires that DOE consider the most
current versions of IEC Standards 62301
and 62087 when amending test
procedures to include standby mode
and off mode energy consumption. (42
U.S.C. 6295(gg)(2)(A))
DOE noted in the October 2008 TP
NOPR that IEC Standard 62301 provides
for the measurement of standby power
in electrical appliances, including
microwave ovens, and, thus, is
applicable to the proposed amendments
to the test procedure. As discussed in
more detail below, the SNOPR does not
affect DOE’s proposal of the clauses
from sections 4 and 5 of IEC Standard
62301 identified in the October 2008 TP
NOPR, but proposes to incorporate by
reference two additional paragraphs in
response to comments. DOE also
reviewed IEC Standard 62087, which
specifies methods of measurement for
the power consumption of TV receivers,
VCRs, set top boxes, audio equipment,
and multi-function equipment for
consumer use. IEC Standard 62087 does
not, however, include measurement for
the power consumption of electrical
appliances such as microwave ovens.
Therefore, DOE determined that IEC
Standard 62087 was not suitable for the
proposed amendments to the microwave
oven test procedure for this rulemaking.
73 FR 62134, 62139 (Oct. 17, 2008).
In considering IEC Standard 62301,
DOE noted that the microwave oven
standby power data that AHAM
provided to DOE for the energy
conservation standards rulemaking were
based on measurements of standby
power in accordance with IEC Standard
62301, as were the data DOE gathered in
response to interested parties’
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comments on the framework document
in that rulemaking. As stated in the
October 2008 TP NOPR, DOE conducted
a test program to analyze the suitability
of IEC Standard 62301 for incorporation
into the DOE microwave oven test
procedure. Specifically, DOE sought to
determine whether the IEC Standard
62301 test conditions and procedures
would be suitable for incorporation into
the DOE test procedure for microwave
ovens to measure standby mode power
use. Test data affirm that, with
additional specifications added for test
cycle duration and starting clock time,
IEC Standard 62301 appears suitable for
inclusion in the DOE test procedure for
that purpose. 73 FR 62134, 62139 (Oct.
17, 2008).
In the October 2008 TP NOPR, DOE
also considered harmonization of test
procedures with international standby
programs, such as the International
Energy Agency (IEA) ‘‘1–Watt Plan.’’ 8
DOE stated that it believes that
incorporating IEC Standard 62301 into
the DOE test procedure will provide
harmonization with most international
standards for standby power in
microwave ovens. 73 FR 62134, 62140
(Oct. 17, 2008).
In the October 2008 TP NOPR, DOE
also proposed incorporating specific
clauses from IEC Standard 62301 by
reference into the DOE test procedure
for microwave ovens for the
measurement of standby and off mode
power. These clauses provide test
conditions and testing procedures for
measuring the average standby mode
and average off mode power
consumption: section 4 of IEC Standard
62301 provides conditions for the
supply voltage waveform, ambient room
air temperature, and power
measurement meter tolerances to
provide for repeatable and precise
measurements of standby mode and off
mode power consumption; and section
5 of IEC Standard 62301 clarifies the
measurement of standby mode for units
with a short-duration higher power state
before a lower power state, and provides
methods for measuring standby mode
and off mode power when the power
measurement is stable and unstable (i.e.,
varies over a representative cycle). Id.
Thus, DOE proposed incorporating the
same clauses from IEC Standard 62301
for measuring both standby mode and
off mode power consumption.
DOE also stated in the October 2008
TP NOPR that it believes that the
proposed amendments to the microwave
oven test procedure would provide a
8 For more information on IEA’s ‘‘1–Watt Plan,’’
visit https://www.iea.org/textbase/subjectqueries/
standby.asp.
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uniform and widely accepted test
method for measuring standby mode
and off mode power consumption. DOE
also believes that the proposed
amendments to the microwave oven test
procedure would provide a method to
measure the standby energy use of not
just the clock display, but all microwave
oven components, such as control
electronics and power supply losses. Id.
Finally, DOE recognized that the IEC
is developing an updated test procedure
(IEC Standard 62301 Second Edition).
As discussed above, DOE proposed
microwave oven test procedure
amendments using IEC Standard 62301
First Edition 73 FR 62314, 62140–41
(Oct. 17, 2008). DOE also stated in the
October 2008 TP NOPR that the IEC
projected publication of the new test
procedure in July 2009. DOE now
understands that the revised IEC test
procedure is not expected to be
published until late 2010. For purposes
of the EPCA requirement to consider the
most current version of IEC Standard
62301, therefore, DOE considered IEC
Standard 62301 First Edition for the
October 2008 NOPR and this SNOPR.
(42 USC 6295(gg)(20(A).
AHAM supports the inclusion of
Section 4 and Section 5 from IEC
Standard 62301 into the measurement of
standby power. (AHAM, Public Meeting
Transcript, No. 7 at pp. 52–53), but
commented that DOE does not specify
how the microwave oven should be set
up during testing. AHAM also noted
that DOE references IEC Standard 62301
Paragraph 5.1 ‘‘General’’ and Paragraph
5.3 ‘‘Procedure,’’ but neglects to
reference Paragraph 5.2 ‘‘Preparation of
Appliance or Equipment.’’ AHAM
asserted that this step is crucial to a
robust procedure, and that DOE should
accept the clarification from IEC
Standard 62301, Section 5.2 that ‘‘[t]he
appliance shall be tested at factory or
‘default’ settings. Where there are no
indications for such settings, the
appliance shall be tested as supplied.’’
(AHAM, No. 8 at p. 3) The Joint
Comment supported this
recommendation. (Joint Comment, No.
11 at p. 4) GE also deemed the October
2008 TP NOPR unclear on how the unit
should be set up for the standby
measurement, and reinforced the
importance of harmonizing with IEC
Standard 62301. (GE, No. 9 at p. 3)
DOE agrees that incorporating
paragraph 5.2, ‘‘Selection and
preparation of appliance or equipment,’’
of IEC Standard 62301 provides
clarification to the installation
requirements for standby mode and off
mode energy consumption testing. DOE
also agrees that paragraph 5.2 of IEC
Standard 62301 provides additional
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guidance regarding specifications for
test setup that would result in a measure
of standby and off mode energy
consumption that best replicates actual
consumer usage. For these reasons, DOE
proposes in today’s SNOPR to
incorporate by reference paragraph 5.2
of IEC Standard 62301.
PR China underscored the importance
of taking into account the accuracy of
the equipment providing electrical
supply for testing; pointing out that IEC
Standard 62301 has a provision that the
electrical supply should be 120 volts (V)
± 1 percent and 60 Hertz (Hz) ± 1
percent. PR China also noted that,
according to Article 2.4 of the World
Trade Organization/Technical Barriers
to Trade Agreement (WTO/TBT
Agreement),9 members should use
existing technical regulations and
international standards as a basis for
their technical regulations. PR China
recommended that DOE adopt the same
requirements as those in IEC Standard
62301 or provide reasonable scientific
basis for having different requirements.
(PR China, No. 12 at p. 3)
DOE notes that section 4.3 of IEC
Standard 62301 specifies the electrical
supply requirements, stating that ‘‘where
this standard is referenced by an
external standard or regulation that
specifies a test voltage and frequency,
the test voltage and frequency so
defined. Where the test voltage and
frequency are not defined by an external
standard, the test voltage and test
frequency shall be * * *’’ 115 V ± 1
percent and 60 Hz ± 1 percent for North
America. In addition, section 4.3 of IEC
Standard 62301 specifies that some
single phase voltages can be double the
nominal voltage specified for that
region, which would result in a voltage
requirement of 230V ± 1 percent for
North America. DOE believes that the
accuracy of the electrical supply,
including voltage and frequency,
specified in IEC Standard 62301 are
generally recognized as suitable for
producing robust standby and off mode
power measurements in microwave
ovens. However, DOE conducted a
product literature review to analyze the
electrical supply requirements for
microwave ovens available on the U.S.
market and determined that all
microwave ovens specify a rated voltage
of 120V or 240V (for a small number of
combination microwave ovens) and a
frequency of 60 Hertz (Hz). For this
reason, DOE proposes in today’s SNOPR
to specify electrical supply
requirements of 120/240 V ± 1 percent
9 For more information on this agreement, please
visit: https://www.wto.org/english/tratop_e/tbt_e/
tbtagr_e.htm.
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and 60 Hz ± 1 percent in section 2.2.1
of the DOE microwave oven test
procedure. As noted in section 4.3 of
IEC Standard 62301, the proposed
voltage requirement of 120/240 V for
standby and off mode testing would
supersede the requirement of 115/230 V
specified in IEC Standard 62301.
As discussed above in section III.A,
because DOE has tentatively concluded
that the operation in standby and off
mode is the same for microwave-only
units, microwave ovens with thermal
elements only, and combination
microwave ovens, DOE is proposing that
the same test procedure amendments for
standby and off mode testing discussed
in this section be used for all of these
product types.
E. Definitions of ‘‘Active Mode,’’
‘‘Standby Mode,’’ and ‘‘Off Mode’’
DOE proposed using the EPCA
definitions of ‘‘active mode,’’ ‘‘standby
mode,’’ and ‘‘off mode’’ in the October
2008 TP NOPR. EPCA defines ‘‘standby
mode’’ as the condition in which an
energy-using product is connected to a
main power source and offers one or
more of the following user-oriented or
protective functions: A remote switch
(including remote control), internal
sensor, or timer to facilitate the
activation or deactivation of other
functions (including active mode; and
continuous functions, including
information or status displays
(including clocks) or sensor-based
functions. (42 U.S.C. 6295(gg)(1)(A)(iii))
EPCA defines ‘‘off mode’’ as the
condition in which an energy-using
product is connected to a main power
source and is not providing any standby
mode or active mode function. (42
U.S.C. 6295(gg)(1)(A)(ii))
EPCA defines ‘‘active mode,’’ which is
referenced in the definition of ‘‘off
mode,’’ as the condition in which an
energy-using product is connected to a
main power source, has been activated,
and provides one or more main
functions. (42 U.S.C. 6295(gg)(1)(A)(i))
As discussed in the October 2008 TP
NOPR, DOE considers ‘‘main functions’’
for a microwave oven to be those
operations in which the magnetron and/
or thermal element is energized for at
least a portion of the time for purposes
of heating, cooking, and/or defrosting
the load. 73 FR 62134, 62141 (Oct. 17,
2008). DOE noted that a microwave
oven with a continously energized
display or cooking sensor, or a
microwave oven that automatically
powers down certain energy-consuming
components after a cooking cycle and
waits to detect an event to trigger reenergization of these components,
would be considered capable of
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operation in standby mode but not off
mode. DOE additionally noted that if
the microwave oven is equipped with a
manual power on/off switch, which
completely cuts off power to the
appliance (i.e., removes or interrupts all
connections to the main power source,
in the same manner as unplugging the
appliance), the microwave oven would
not be in the ‘‘off mode’’ when the
switch is in the ‘‘off’’ position. Id.
AHAM and Whirlpool both stated that
DOE’s incorporation of the EISA 2007
standby and off mode definitions into
the proposed microwave oven test
procedure does not acknowledge the
substantial effort and progress made by
the IEC in clarifying these definitions
during the past year. AHAM affirmed
that IEC Standard 62301 CD2, even in
draft form, should be included in this
rulemaking to ensure that international
consistency in standards and testing is
obtained to the greatest extent practical.
AHAM further stated that DOE can
clarify the EISA 2007 language using
IEC Standard 62301 CD2, which would
result in a stronger, more consistent test
procedure. (AHAM, No. 8 at p. 2;
Whirlpool, No. 10 at p. 2) Whirlpool
noted that EISA 2007 (Section 310
(gg)(1)(B)) allows the Secretary to amend
the definitions of standby mode and off
mode, taking into account revisions to
IEC Standard 62301, and suggested DOE
adopt IEC Standard 62301 CD2, along
with the definitions and examples
proposed by AHAM and Whirlpool, as
discussed in section III.E. (Whirlpool,
No. 10 at pp. 2–3) EJ disputed DOE’s
assumption that it cannot consider any
pending amendments to IEC Standard
62301. (EJ, Public Meeting Transcript,
No. 7 at p. 80) PG&E supports
harmonization with international
standards because of the international
markets for these products. (PG&E,
Public Meeting Transcript, No. 26 at p.
35) PR China suggested DOE amend its
testing measures in accordance with IEC
Standard 62301 or provide reasonable
scientific basis for not doing so, noting
that this is in accordance with Article
2.4 of the TWO/TBT Agreement. PR
China suggested the U.S. government
further harmonize standards in order to
facilitate international trade. (PR China,
No. 12 at p. 4)
AHAM commented that IEC Standard
62301 CD2 modernizes and clarifies the
definitions for each mode, and proposed
that DOE consider incorporating this
language, or the clarifications AHAM
provided in its submitted comments,
into the DOE microwave oven test
procedure (AHAM, No. 8 at pp. 2, 4, 5–
6) Whirlpool supported the mode
definitions and clarifying examples
developed by AHAM members.
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(Whirlpool, No. 10 at pp. 2–3) AHAM
stated that the industry’s premise for
this proposal is harmonization with the
international community—in particular,
Europe—on standby power standards.
AHAM stated that its proposal utilizes
elements of IEC Standard 62301 CD2
and the European directive published in
June 2008 and provides clarification to
EISA 2007 requirements for microwave
ovens. (AHAM, No. 8 at p. 2) AHAM’s
proposed definitions include:
Off Mode
Off mode describes the status of an
appliance when it is connected to the
main electricity supply and is not
providing any function. Off mode may
persist for an indefinite period of time.
Off Mode includes:
1. LED or some other indication of off
mode condition;
2. Electric noise reduction capacitor,
choke or filter;
3. The state where a one-way remote
control device will turn the product off,
but cannot be used to activate the
product;
4. Leakage current will occur in some
appliances, and may include voltage
and current flow in 208/230 volt
appliances where only one leg of the
line is isolated by the switch;
5. May include electrical energy flow
to a primary transformer of some
electronics units.
Standby Mode
Standby mode describes the status of
an appliance when it is connected to the
mains electricity supply and is not
performing its primary function, but is
providing a consumer or protective
function as defined by the
manufacturer’s instructions. Standby
mode for an appliance is the power
(wattage) consumed after it has been
automatically or manually placed in
Standby mode and allowed to stabilize.
Standby mode may persist for an
indefinite period of time. Standby mode
may allow activation of other modes by
local or remote switch.
Standby Mode includes continuous
subsidiary functions such as:
1. Continuous time of day displays at
the lowest power state selectable by the
user;
2. Power required to perform two-way
consumer convenience remote control
operation;
3. Sensor maintenance power
(keeping sensors warm) at the lowest
power state selectable by the user;
4. Low voltage power supplies for
controls, switches, memories and
clocks.
Active Mode
Active mode describes the state of an
appliance when it is connected to the
main electricity supply and is providing
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one or more of the primary functions
required of it by the consumer in
accordance with the manufacturer’s
instructions. Active modes may or may
not persist for an indefinite period of
time, but must be initially activated by
the consumer.
Active Mode includes:
1. Washing or drying clothing;
heating, cooking or warming food;
heating or cooling air; heating or cooling
water; cleaning, drying, or warming
dishes; disposing of food; compacting
trash; dehumidifying, vacuuming,
brewing coffee, ironing clothes, toasting
bread, or any other traditional task
expected of a home appliance.
2. Preparing to start a cycle or
appliance program while in a delay start
or a timed control format when
required;
3. Waiting for a resume signal when
in a ‘‘pause’’ mode in the midst of a
program or cycle;
4. Receiving or searching for signals
from power or utilities companies as
part of an energy management or
demand management system;
5. Cycling heaters or other
components based upon input from
time, temperature, or other internal, or
external control sensors;
6. Maintaining a temperature or
condition;
7. Providing lighting, or ventilation
when required by the consumer or as a
result of an action. [This includes night
lights, over the range (over-the-range)
microwave oven lights, dryer drum
lights, etc.]
8. Continuous protective (safety)
functions (e.g. water leakage detectors).
9. Actively completing safety or
reliability functions such as removing
residual heat from controls or ovens,
automatic fans used to protect over-therange microwave ovens from cooktop
heat, cleaning filters, etc. [These
functions are considered active in that
they are a result of the requirements
placed upon the appliance by the
consumer.]
(AHAM, No. 8 at pp. 5–6)
The Joint Comment supported DOE’s
proposal in the October 2008 TP NOPR
to use the EPCA definitions of active
mode, off mode, and standby mode for
the microwave oven test procedure,
noting that these definitions were
enacted the previous year with the
explicit support of AHAM and
efficiency advocates, and opposed
AHAM’s proposed definitions and
clarifications. The Joint Comment stated
that the revisions proposed by AHAM
constitute a significant re-write of the
statutory scheme, with an apparent bias
toward redefining standby functions as
off mode functions or active mode
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functions. (Joint Comment, No. 11 at pp.
2–3) According to the Joint Comment:
1. An LED display light and the power
drawn to enable a remote control device
to turn the product off are both standby
functions rather than off mode
functions.
2. The components of a protective
function, such as controlling electronic
noise, fall within the statutory
definition of standby mode, rather than
off mode.
3. The continuous protective
functions and the search for utility
demand management signals to resume
activity, both proposed by AHAM as
active mode functions, are more
properly considered standby functions
under the statute. Id.
The Joint Comment stated that
designating power consuming activities
as off mode rather than standby mode
for reasons of harmonization is
problematic in this rulemaking because
DOE has proposed an efficiency
standard for microwave oven standby
power without concurrently proposing a
standard for off mode power. The Joint
Comment also stated that the lack of an
off mode efficiency standard invites
gaming the standby standard, a process
that it believes will gain significant
traction if the AHAM recommendations
for modified definitions are accepted.
The Joint Comment also stated that
AHAM’s language qualifying that the
continuous time of day displays and
sensor maintenance power should be
measured at the lowest power state
selectable by the user is not required by
statute and should not be accepted by
DOE. (Joint Comment, No. 11 at pp. 3–
4)
In response to the Joint Comment as
it relates to the test procedure
rulemaking and as discussed in section
I, after the October 2008 TP NOPR was
published, DOE determined it
appropriate to consider IEC Standard
62301 Second Edition in developing the
test procedure for standby and off mode.
DOE anticipated, based on review of
drafts of the updated IEC Standard
62301, that the revisions could include
different mode definitions. At that time,
the revised standard was expected in
July 2009. Later, however, DOE received
information that IEC Standard 62301
Second Edition would not be available
until late 2010. As a result, DOE
decided to publish today’s SNOPR to
consider the new mode definitions from
the latest draft version, IEC Standard
62301 CDV.
DOE believes the definitions of
standby mode, off mode, and active
mode provided in IEC Standard 62301
CDV expand upon the EPCA mode
definitions and provide additional
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42621
guidance as to what functions are
associated with each mode. DOE also
believes that the comments received by
IEC on IEC Standard 62301 CD2, and the
resulting amended mode definitions
proposed in IEC Standard 62301 CDV,
demonstrate significant participation of
interested parties in the development of
the best possible definitions. For these
reasons, in today’s SNOPR DOE is
proposing definitions of standby mode,
off mode, and active mode based on the
definitions provided in IEC Standard
62301 CDV. DOE believes that the mode
definitions in the draft versions of IEC
Standard 62301 Second Edition
represent a substantial improvement
over those in IEC Standard 62301, and
represent the best available definitions
at this time as confirmed by the review
and inputs from interested parties as
part of the IEC rulemaking process. For
the reasons discussed in section III.A,
DOE believes that the proposed
definitions of standby, off, and active
mode in today’s SNOPR would be
applied to microwave-only units,
microwave ovens with thermal elements
only, and combination microwave
ovens. DOE will address standards for
standby mode and off mode energy use
in a separate energy conservation
standards rulemaking, as discussed in
section I.
DOE is proposing in today’s SNOPR
to define ‘‘standby mode’’ as the
condition in which an energy-using
product is connected to a mains power
source and offers one or more of the
following user oriented or protective
functions which may persist for an
indefinite time: 10 a remote switch
(including remote control), internal
sensor, or timer to facilitate the
activation of other modes (including
activation or deactivation of active
mode); and continuous functions,
including information or status displays
(including clocks) or sensor-based
functions.
DOE is proposing an additional
clarification for standby mode that
continuous clock functions include a
timer that operates continuously,
provides regular scheduled tasks (e.g.
switching), and may or may not be
10 The actual language for the standby mode
definition in IEC Standard 62301 CDV describes
‘‘* * * user oriented or protective functions which
usually persist’’ rather than ‘‘* * * user oriented or
protective functions which may persist for an
indefinite time.’’ DOE notes, however, that section
5.1 of IEC Standard 62301 CDV states that ‘‘a mode
is considered persistent where the power level is
constant or where there are several power levels
that occur in a regular sequence for an indefinite
period of time.’’ DOE believes that the proposed
language, which was originally included in IEC
Standard 62301 CD2, encompasses the possible
scenarios foreseen by section 5.1 of IEC Standard
62301 CDV without unnecessary specificity.
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associated with a display. This
definition was developed based on the
definitions provided in IEC Standard
62301 CDV, and expands upon the
EPCA mode definitions to provide
additional clarifications as to which
functions are associated with each
mode. Under this definition of standby
mode, remote controls and low voltage
power supplies for controls, switches,
memories and clocks would be
considered as operating in standby
mode. DOE believes that a requirement
for measuring standby power at ‘‘the
lowest power state selectable by the
user’’ is inconsistent with the proposed
conditions for measuring standby mode
because such a provision would
potentially require the device to be
operated at settings other than the
‘‘factory or ‘default’ settings’’ specified
for testing in paragraph 5.2 of IEC
Standard 62301. Therefore, DOE does
not intend to incorporate such a
provision in the definition of standby
mode.
DOE is proposing to define off mode
as the condition in which the energyusing product is connected to a mains
power source, is not providing any
active or standby mode function, and
may persist for an indefinite time.11 Off
mode would also include an indicator
that shows the user only that the
product is in the off position.
Under this proposed definition, an
energized LED or other indication that
shows the user only that the product is
in the off position would be considered
part of off mode, provided that no other
standby or active mode functions are
energized. However, if any energy is
consumed by the appliance in the
presence of a one-way remote control,
the unit would be considered to be
operating in standby mode because the
remote control would be used to
deactivate other mode(s). Electrical
leakage and any energy consumed for
electrical noise reduction, which are not
specifically categorized as standby
power functions, would be indicative of
off mode.
Whirlpool commented that the
addition of off mode to the proposed
rule is necessary to ensure that all
11 As with the definition for standby mode, IEC
Standard 62301 CDV qualifies off mode as one that
‘‘* * * usually persists’’ rather than one that ‘‘* * *
may persist for an indefinite time.’’ For the same
reasons as discussed for standby mode, DOE is
proposing the latter definition. In addition, the off
mode definition in IEC Standard 62301 states it is
not providing a network mode function. Since DOE
is unaware of any microwave oven that incorporates
a network function, such as reactivation via
network command or network integrity
communication, it is not proposing to include this
language in the definition of off mode in today’s
SNOPR.
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power consumption is properly
accounted for (Whirlpool, No. 10 at p.
2), and questioned the need to
differentiate between an
electromechanical control versus a
manual operation that puts the
microwave oven into off mode, because
power may not be consumed by either
option. (Whirlpool, Public Meeting
Transcript, No. 7 at pp. 57–58) PG&E
noted that there may be some small
power demand in the off mode, and
commented that if the power demand
were zero because the
electromechanical control was receiving
no power, then the appliance would
technically be in the disconnected mode
and not the off mode. PG&E
subsequently noted that there is no clear
distinction between off mode and
disconnected mode, especially in
situations where a device is equipped
with a manual on/off switch. (PG&E,
Public Meeting Transcript, Notice, No. 7
at pp. 58–59)
ASAP stated that DOE’s definition of
off-mode is stretching the interpretation
of the statutory language, and did not
agree that zero power (e.g. plugged in
but turned off with a switch) would
necessarily indicate disconnected mode
rather than off mode. ASAP asserted
that the language regarding off mode
was placed into law to clarify
definitions for consumers and
manufacturers, and to facilitate DOE in
setting standards for products that were
not off when consumers thought they
were off. (ASAP, Public Meeting
Transcript, No. 7 at pp. 60–61)
Additionally, ASAP inquired whether it
is correct that testing is required for a
device with off mode capability even
though there is no reporting
requirement or standard. (ASAP, Public
Meeting Transcript, No. 7 at pp. 77–79)
The Joint Comment further stated that
the October 2008 TP NOPR erred in
stating that a microwave oven with a
manual power on/off switch would not
be in off mode when the switch was in
the off position because the switch’s
physical gap to the main power supply
has interrupted the electrical
connection. The Joint Comment asserted
that this interpretation is not required
by law, which only refers to a product
‘‘connected to a main power source’’,
and term ‘‘connected’’ should be
satisfied by the product being plugged
into a power source. (Joint Comment,
No. 11 at p. 2) The Joint Comment noted
that the significance of distinguishing
the off mode is limited in the test
procedure rulemaking, but more
important in the efficiency standard
rulemakings that address off mode. The
Joint Comment also stated that products
with hard-off switches should be
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accounted for in the off mode condition,
and such a design option would allow
consumers to reduce energy use and
increase their overall energy savings.
According to the Joint Comment, DOE’s
‘‘mischaracterization’’ of the off-mode
definition will discourage
manufacturers from reintroducing
mechanical switches that could reduce
or eliminate off-mode power
consumption from their products. (Joint
Comment, No. 11 at p. 3)
DOE examined the issue of how to
classify a microwave oven that is
plugged in to the main power supply
but is not consuming energy due to the
presence of an on/off switch. DOE first
reviewed the discussion provided in
annex A of IEC Standard 62301 CDV;
according to section A.2, disconnected
mode is included as a mode definition
because many products are removed by
users from mains power sources for
substantial periods of time. DOE
interprets this condition to refer to the
power cord being unplugged from the
power source. Section A.2 further states
that ‘‘[a] product may have several off
modes or it may have no off mode.
Switches on products that are labeled as
power, on/off or standby may not reflect
the mode classification based on the
actual functions active in that mode.’’
Although this statement does not
definitively establish a means by which
to treat the presence of a power or on/
off switch, DOE infers it to mean that
products equipped with such switches
can operate in off or standby mode(s),
depending on what components may
remain energized with the switch in the
‘‘off’’ position. However, this discussion
is silent on whether activation of an on/
off switch can place the product in
disconnected mode. Considering section
A.2 in total, DOE concludes that
disconnected mode for microwave
ovens would be associated only with the
removal of the power cord from the
power source. Based on this review and
acknowledging that classification of an
on/off switch as operating in off mode
in the absence of other energy use
associated with standby mode would
encourage manufacturers to provide
such an energy-saving feature, DOE
revises its determination proposed in
the October 2008 TP NOPR and
tentatively concludes that zero energy
consumption due to activation of an on/
off switch would be indicative of off
mode rather than a disconnected mode.
In response to ASAPs question of
whether testing would be required for a
device with off mode capability even
though there is no reporting
requirement or standard, DOE notes, as
discussed in section III.B, that any
representations as to the standby and off
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mode energy consumption for
microwave ovens would need to be
based upon results generated under the
applicable provisions of this test
procedure.
Finally, DOE is proposing to define
active mode as the condition in which
the energy-using product ‘‘is connected
to a mains power source, has been
activated, and provides one or more
main functions,’’ with the additional
clarification that ‘‘delay start mode is a
one off user initiated short duration
function that is associated with an
active mode.’’ DOE notes that IEC
Standard 62301 CD2 provided
additional clarification that ‘‘delay start
mode is a one off user initiated short
duration function that is associated with
an active mode.’’ IEC Standard 62301
CDV eliminated this clarification;
however, in response to comments on
IEC Standard 62301 CD2 that led to IEC
Standard 62301 CDV, IEC stated that
delay start mode is a ‘‘one-off’’ function
of limited duration, which suggests that
IEC does not consider it as part of
standby mode although no conclusion is
made as to whether it would be
considered part of active mode.
DOE is tentatively proposing to
consider delay start mode as part of
active mode because it is a condition of
finite duration that is user-initiated and
uniquely associated with a cooking
cycle. DOE determined that cooking or
warming of food would be considered
active mode functions as well. DOE
does not believe that it has sufficient
information on the remainder of the
conditions specified by AHAM as part
of active mode for microwave ovens to
determine whether the conditions
should be classified as such under the
proposed definition of active mode.
However, DOE believes that many of
these functions may not persist for an
indefinite time and, therefore, would
not be considered part of standby mode
or off mode. DOE invites information
and comments on specific functions that
would be associated with microwave
oven active mode.
DOE also notes that section 3.9 of IEC
Standard 62301 CDV defines
disconnected mode, as ‘‘the status in
which all connections to mains power
sources of the energy using product are
removed or interrupted.’’ IEC Standard
62301 CDV also adds a note that
common terms such as ‘‘unplugged’’ or
‘‘cut off from mains’’ also describe this
mode, and that this mode is not part of
the low power mode category. DOE
believes that there would be no energy
use in a ‘‘disconnected mode,’’ and
therefore is not proposing a definition or
testing methods for such a mode in the
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DOE test procedure for microwave
ovens.
F. Specifications for the Test Methods
and Measurements for Microwave Oven
Standby Mode and Off Mode Testing
DOE noted in the October 2008 TP
NOPR that, because IEC Standard 62301
is written to provide a certain degree of
flexibility so that the test standard can
be used to measure standby mode and
off mode power for most household
electrical appliances (including
microwave ovens), it does not specify
the test method for measuring the power
consumption in cases in which the
measured power is not stable. Section
5.3.2 of IEC Standard 62301 states that
‘‘[i]f the power varies over a cycle (i.e.,
a regular sequence of power states that
occur over several minutes or hours),
the period selected to average power or
accumulate energy shall be one or more
complete cycles in order to get a
representative average value.’’ 73 FR
62134, 62141 (Oct. 17, 2008). For the
October 2008 TP NOPR, DOE
investigated the possible regular
sequences of power states for
microwave ovens in order to propose
clarifying language to IEC Standard
62301 that would provide accurate and
repeatable test measurements. DOE’s
testing of standby power led it to
propose the test period in cases in
which the power is not stable as ‘‘a 12hour ± 30-second period’’ to assure
comparable and valid results. Id.
AHAM and Whirlpool agreed with
DOE’s conclusion that a 12-hour test
period would measure all possible
configurations for a 12-hour clock, but
commented that such an approach is
impractical and costly and would be a
constraint on resources, including
laboratory space and time. (Whirlpool,
Public Meeting Transcript, No. 7 at pp.
70–71; AHAM, Public Meeting
Transcript, No. 7 at pp. 69–70)
Whirlpool commented that running a
12-hour test would be a huge drain on
facilities and would require substantial
investment to expand those facilities,
adding that their testing is done on the
production line in order to assure
product quality. (Whirlpool, Public
Meeting Transcript, No. 7 at pp. 70–71)
AHAM and Whirlpool commented that
the test period of 12 hours ± 30 seconds
should only apply to displays where the
power consumption varies within the
number of segments lit, such as LEDs.
(Whirlpool, No. 10 at p. 3; AHAM, No.
8 at p. 3) ASAP also questioned if the
12-hour test would be required for all
units, or whether it would just be for
units with LED displays. (ASAP, Public
Meeting Transcript, No. 7 at pp. 74–45)
ASAP requested responses from
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42623
manufacturers about the difficulty in
obtaining a representative standby
power measurement due to the clock
start time, and asked if it is possible to
use a shorter interval that could be
multiplied to obtain the equivalent of a
12-hour measurement. (ASAP, Public
Meeting Transcript, No. 7 at p. 72)
AHAM and Whirlpool also disagreed
with DOE’s statement that the proposed
test procedure ‘‘obviates the need for a
specific starting time, which could not
be ensured for microwave ovens that
have an automatic power-down feature.’’
AHAM and Whirlpool commented that
IEC Standard 62301 states that a
product’s standby power should be
measured in its low power state, so if a
display powers down, then the
microwave oven should be allowed to
stabilize until the unit powers down,
and then standby power is measured.
AHAM and Whirlpool stated that the
benefit of a 12-hour test is unclear, as
there is no need to capture power usage
during the power down mode. (AHAM,
No. 8 at p. 3; Whirlpool, No. 10 at p. 4)
AHAM also commented that if a
microwave oven powers down, the
display would no longer be powered, so
the starting clock time does not matter.
(AHAM, Public Meeting Transcript, No.
7 at p. 69)
The Joint Comment responded to
AHAM’s comments, stating that since
there is no assurance regarding the
length of time a unit with power down
capability might require to power down
to a stable state, the Joint Comment
supports DOE’s approach of a 12-hour
test period, which would more
realistically capture standby energy use
by measuring the energy consumed in
standby both before and after the device
powers down. The Joint Comment also
stated that it is open to considering a
shorter test cycle as long as comparative
testing shows that energy use is the
same. Absent such testing, The Joint
Comment supports DOE’s proposal for a
12 hour ± 30 second test period where
the unit’s power consumption is not
stable. (Joint Comment, No. 11 at p. 4)
Whirlpool and AHAM stated that the
number of segments of 7-segment LEDs
lit over 12 hours can be averaged, and
there are 10-minute periods that are
representative of the 12-hour cycle,
which DOE should consider using
instead of the 12-hour cycle. Whirlpool
added that using these 10-minute
periods would yield the same results as
taking a 12-hour average, but would be
much faster. (Whirlpool, Public Meeting
Transcript, No. 7 at pp. 72–73; AHAM,
Public Meeting Transcript, No. 7 at p.
69) GE supported a 10-minute test for
establishing a baseline, and agreed that
a 12-hour test of three of each model is
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
difficult. (GE, Public Meeting
Transcript, No. 7 at pp. 71–72) AHAM
and Whirlpool proposed the following
method for determining standby power
on a unit with a display:
If the appliance has a clock that is
displayed in Standby Mode and the
clock does not result in any power
fluctuations, standby power will be
measured for at least 10 minutes. If the
appliance has a clock that is displayed
in Standby Mode and changes in the
display segments affects the power
measurements, the clock will be set to
allow the testing to begin at 3:33 and the
unit stabilized as specified above.
Average or accumulated energy (based
on Section 5.3.2 of IEC 62301 2007 CD2,
see below) will be measured from 3:33
through 3:42 (10 full minutes) following
the general conditions for measurement
outlined in Section 4 of IEC 62301 Ed.2
CD2. This specific 10 minute interval
provides the same average number of
display segments as a 12-hour
measurement period (14.6). (AHAM, No.
8 at p. 3; Whirlpool, No. 10 at p. 4)
ASAP suggested setting the clock at
1:11 for the standby power test. (ASAP,
Public Meeting Transcript, No. 7 at p.
68) As noted above, the Joint Comment
stated that it is open to considering a
shorter test cycle as long as comparative
testing shows that energy use is the
same, and absent such testing, the Joint
Comment supports DOE’s proposal for a
12 hour ± 30 second test period where
the unit’s power consumption is not
stable. (Joint Comment, No. 11 at p. 4)
DOE investigated tests method to
determine standby power over a shorter
period than 12 hours. DOE first
evaluated using 18 different clock
display times to produce a standby
power measurement representative of a
12-hour cycle, as discussed in appendix
5B of the November 2007 ANOPR
technical support document (TSD).
Using this method, the standby power
consumption and line voltage are
measured as the clock is cycled through
all the possible digit combinations (in
terms of active elements) and then a
regression analysis is performed to
quantify the impact of the number of lit
elements (by digit) and voltage on
power consumption. The results were
then integrated across the number of
minutes that each active element
combination is ‘‘on’’ through the course
of the 12 hours. As noted in chapter 5
of the November 2007 ANOPR TSD, the
results for average standby power
consumption using the methodology
described above produced results that
were within 1 to 2 percent of the 12
hour test results.
For this SNOPR, DOE also
investigated whether a single 10-minute
measurement period with a starting
clock time of 3:33, as suggested by
AHAM and Whirlpool, would be a
reasonable proxy for the 12-hour
standby power measurement in the
event that power consumption is not
stable. DOE analysis indicates that the
proportion of time that each possible
number of segments in a 7-segment LED
display that are lit over the 10-minute
time period from 3:33 to 3:42 is
representative of the distribution of lit
segments over a 12-hour period with an
arbitrary starting time. This suggests
that the 10-minute test period starting at
3:33 would produce average standby
power measurements that are
comparable to average standby power
measured over 12 hours. Table 1 shows
the comparison of average standby
power measured for 11 units in DOE’s
microwave oven test sample using the
18-point, and 10-minute methodologies
as compared to the 12-hour test.
TABLE 1—COMPARISON OF METHODOLOGIES FOR MEASURING MICROWAVE OVEN STANDBY POWER
12-Hour Method
Test Unit
1 ................................................
2 ................................................
3 ................................................
4 ................................................
5 ................................................
6 ................................................
7 ................................................
8 ................................................
9 ................................................
10 ..............................................
11 ..............................................
Display type
LCD
LCD
LCD
LCD
LCD
LCD
LCD
LED
LED
LED
VFD
Standby
watts*
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
18-Point Method
Standby
watts*
1.567
1.571
1.812
1.490
1.859
3.788
3.641
1.802
1.825
3.185
5.600
1.552
1.560
1.812
1.475
1.847
3.798
3.642
1.796
1.820
3.177
5.611
Percent
difference
¥0.99
¥0.70
0.03
¥0.96
¥0.60
0.26
0.04
¥0.35
¥0.25
¥0.27
0.20
10-Minute Method
Standby
watts*
1.592
1.554
1.801
1.492
1.874
3.818
3.606
1.797
1.816
3.290
5.607
Percent
difference
1.60
¥1.08
¥0.61
0.17
0.84
0.81
¥0.95
¥0.32
¥0.47
**3.28
0.13
* Standby
power measurements are scaled to normalize the supply power to 120.0 volts.
this test, the supply power was significantly different than 120.0 volts. Therefore, DOE believes the scaling of the measured standby
power and thus the percentage difference from the 12-hour standby power measurement are not valid.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
** For
Within DOE’s limited test sample, the
average standby power measured over
the specified 10-minute test period
agrees within 2 percent with average
standby power measured over 12 hours.
Therefore, DOE tentatively concludes
that a 10-minute measurement period
with a starting time of 3:33 provides a
valid measure of standby energy use for
those microwave ovens with power
consumption varying according to the
time displayed on the clock. DOE
proposes in today’s SNOPR to specify
that, for microwave ovens for which
standby power consumption is not
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stable, the clock display shall be set at
3:33 at the conclusion of the
stabilization period and the test period
shall be 10 minutes.
DOE recognizes that both the 18-point
and 10-minute approaches for
accelerated standby testing offer the
possibility that a microwave oven could
be programmed to alter its behavior
when such a test is detected in order to
minimize measured standby power
consumption. For example, a
microwave oven could be programmed
to turn off its cooking sensors and/or
dim its display only during the display
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times associated with the 18
measurement points or between display
times 3:33 and 3:42.
DOE notes that the microwave oven
test procedure is designed to provide a
measurement consistent with
representative average consumer use of
the product, even if the test conditions
and/or procedures may not themselves
all be representative of average
consumer use (e.g. a display of only 3:33
to 3:42). DOE’s proposal reflects the
statutory requirement, and the
Department’s longstanding view, that
the overall objective of the test
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
procedure is to measure the product’s
energy consumption during a
representative average use cycle or
period of use. 42 U.S.C. 6293(b)(3).
Further, the test procedure requires
specific conditions during testing that
are designed to ensure repeatability
while avoiding excessive testing
burdens. Although certain test
conditions specified in the test
procedure may deviate from
representative use, such deviations are
carefully designed and circumscribed in
order to attain an overall calculated
measurement of the energy
consumption during representative use.
Thus, it is—and has always been—
DOE’s view that products should not be
designed such that the energy
consumption drops during test
condition settings in ways that would
bias the overall measurement to make it
unrepresentative of average consumer
use. DOE proposes to address this issue
through this test procedure and related
certification requirements. Accordingly,
DOE’s proposed language both (1)
makes explicit in the regulatory text the
Department’s long held interpretation
that the purpose of the test procedure is
to measure representative use and (2)
proposes a specific mechanism—the
waiver process—as a mandatory
requirement for all products for which
the test procedure would not properly
capture the energy consumption during
representative use.
DOE seeks comment on this proposed
language to address products equipped
with controls or other features that
modify the operation of energy-using
components during testing. The
language does not identify specific
product characteristics that could make
the test procedure unsuitable for testing
certain products (e.g. modification of
operation based on display time) but
rather describes such characteristics
generally, in order to assure that the
language can apply to any potential
features that would yield measurements
unrepresentative of the product’s energy
consumption during a representative
use cycle.
Regarding test burden, DOE believes
that the number of units to be tested
according to the sampling requirements
in 10 CFR 430.24(i) is reasonable and,
with a 5-minute stabilization period and
a 5-minute or 10-minute test time
depending on whether the standby
power consumption is stable, would not
substantially add to manufacturer test
burden and would allow manufacturers
that conduct testing on the production
line in order to assure product quality
to continue to do so.
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G. Other Issues
DOE proposed in the October 2008 TP
NOPR to change the value of a
conversion factor, used in the
microwave oven active mode
calculations to correct an erroneous
value. 73 FR 62134, 62141–42 (Oct. 17,
2008). AHAM and Whirlpool supported
DOE’s proposed technical correction to
the conversion factor. (AHAM, No. 8 at
p. 4; Whirlpool, No. 10 at p. 4) Because
the active mode provisions were
removed from the microwave oven test
procedure in the final rule published
elsewhere in today’s Federal Register,
the need for the technical correction is
obviated and no such amendments are
proposed in today’s SNOPR.
H. Compliance With Other EPCA
Requirements
Section 323(b)(3) of EPCA requires
that test procedures shall be reasonably
designed to produce test results which
measure energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use. Test
procedures must also not be unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3))
DOE stated in the October 2008 TP
NOPR that it believes that the
incorporation of clauses regarding test
conditions and methods in IEC Standard
62301, along with the modifications
described above, would satisfy this
requirement. DOE also noted that the
proposed amendments to the DOE test
procedure incorporate a test standard
that is widely used and accepted
internationally to measure standby
power in standby mode and off mode.
Based on DOE testing and analysis of
IEC Standard 62301, DOE determined in
the October 2008 TP NOPR that the
proposed amendments to the microwave
oven test procedure produce standby
mode and off mode average power
consumption measurements that
represent an average use cycle both for
cases in which the measured power is
stable and when the measured power is
unstable (i.e., varies over a cycle). DOE
also stated that the test methods and
equipment that the amendments would
require for measuring standby power in
microwave ovens do not differ
substantially from the test methods and
equipment in the then-current DOE test
procedure for measuring microwave
oven cooking efficiency, and therefore
manufacturers would not be required to
make a major investment in test
facilities and new equipment. For these
reasons, DOE concluded in the October
2008 TP NOPR that the amended test
procedure would produce test results
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42625
that measure the power consumption of
a covered product during a
representative average use cycle as well
as annual energy consumption, and that
the test procedure would not be unduly
burdensome to conduct. 73 FR 62134,
62142 (Oct. 17, 2008).
For similar reasons to those stated
above, the proposed amendments in
today’s SNOPR to measure the standby
and off mode power consumption of
microwave ovens would also not require
manufacturers to make major
investments in test facilities and new
equipment and would not be unduly
burdensome to conduct. In addition,
today’s SNOPR proposes a significantly
shorter test duration than the 12 hours
that was proposed in the October 2008
TP NOPR.
IV. Procedural Requirements
A. Review Under Executive Order 12866
Today’s regulatory action is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
the Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. DOE’s
procedures and policies may be viewed
on the Office of the General Counsel’s
Web site (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.
In conducting this review, DOE first
determined the potential number of
affected small entities. The Small
Business Administration (SBA)
considers an entity to be a small
business if, together with its affiliates, it
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
employs fewer than the threshold
number of workers specified in 13 CFR
part 121 according to the North
American Industry Classification
System (NAICS) codes. The SBA’s Table
of Size Standards is available at:
https://www.sba.gov/idc/groups/public/
documents/sba_homepage/serv_sstd_
tablepdf.pdf. The threshold number for
NAICS classification 335221, Household
cooking appliance manufacturers,
which includes microwave oven
manufacturers, is 750 employees. DOE
surveyed the AHAM member directory
to identify manufacturers of microwave
ovens. In addition, as part of the
appliance standards rulemaking, DOE
asked interested parties and AHAM
representatives within the microwave
oven industry if they were aware of any
small business manufacturers. DOE
consulted publicly available data,
purchased company reports from
sources such as Dun & Bradstreet, and
contacted manufacturers, where needed,
to determine if they meet the SBA’s
definition of a small business
manufacturing facility and have their
manufacturing facilities located within
the United States. Based on this
analysis, DOE understands that only
multinational companies with more
than 750 employees, and their wholly
owned subsidiaries, exist in this
industry. As a result, DOE does not
expect any small businesses to be
impacted by the proposed rule.
For these reasons, DOE tentatively
concludes and certifies that the
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE seeks comment on this
certification and will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) which
has been approved by OMB under
control number 1910–1400. Public
reporting burden for compliance
reporting for energy and water
conservation standards is estimated to
average 30 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
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collection, including suggestions for
reducing the burden, to DOE (see
ADDRESSES) and by e-mail to
Christine_J._Kymn@omb.eop.gov.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this proposed rule, DOE proposes
test procedure amendments that it
expects will be used to develop and
implement future energy conservation
standards for microwave ovens. DOE
has determined that this rule falls into
a class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this rule amends an
existing rule without changing its
environmental effect and, therefore, is
covered by the Categorical Exclusion in
10 CFR part 1021, subpart D, paragraph
A5. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
imposes certain requirements on
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. 64 FR 43255 (August 4,
1999). The Executive Order requires
agencies to examine the constitutional
and statutory authority supporting any
action that would limit the
policymaking discretion of the States,
and to carefully assess the necessity for
such actions. The Executive Order also
requires agencies to have an accountable
process to ensure meaningful and timely
input by State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
that it will follow in developing such
regulations. 65 FR 13735. DOE
examined this proposed rule and
determined that it would not preempt
State law and would not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
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prescribes Federal preemption of State
regulations as to the test procedures that
are the subject of today’s proposed rule.
States can petition DOE for a waiver of
such preemption to the extent, and
based on criteria, set forth in EPCA. (42
U.S.C. 6297) Executive Order 13132
requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation specifies the following: (1)
The preemptive effect, if any; (2) any
effect on existing Federal law or
regulation; (3) a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
the retroactive effect, if any; (5)
definitions of key terms; and (6) other
important issues affecting clarity and
general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4) requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and Tribal
governments and the private sector. For
a proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish estimates of
the resulting costs, benefits, and other
effects on the national economy. (2
U.S.C. 1532(a), (b)) UMRA also requires
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
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
https://www.gc.doe.gov). Today’s
proposed rule contains neither an
intergovernmental mandate nor a
mandate that may result in an
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being.
Today’s proposed rule would have no
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
today’s SNOPR and concluded that it is
consistent with applicable policies in
the OMB and DOE guidelines.
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K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA a Statement
of Energy Effects for any proposed
significant energy action. The definition
of a ‘‘significant energy action’’ is any
action by an agency that promulgated or
is expected to lead to promulgation of
a final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any proposed
significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
distribution, or use if the proposal were
to be implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use. Today’s regulatory
action is not a significant regulatory
action under Executive Order 12866.
Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of OIRA also did not
designate the proposed rule as a
significant energy action. Therefore, it is
not a significant energy action.
Accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the DOE
Organization Act (Pub. L. 95–91), DOE
must comply with section 32 of the
Federal Energy Administration Act of
1974 (Pub. L. 93–275), as amended by
the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub.
L. 95–70) (15 U.S.C. 788). Section 32
essentially provides that, where a
proposed rule authorizes or requires use
of commercial standards, the
rulemaking must inform the public of
the use and background of such
standards. In addition, section 32(c)
requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The proposed rule incorporates
testing methods contained in sections 4
and 5 of the commercial standard, IEC
Standard 62301. DOE has evaluated this
standard and is unable to conclude
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42627
whether it fully complies with the
requirements of section 32(b) of the
FEAA, i.e., whether it was developed in
a manner that fully provides for public
participation, comment, and review.
DOE will consult with the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in this
standard before prescribing a final rule.
V. Public Participation
A. Attendance at Public Meeting
The time, date, and location of the
public meeting are listed in the DATES
and ADDRESSES sections at the beginning
of this SNOPR. To attend the public
meeting, please notify Ms. Brenda
Edwards at (202) 586–2945. As
explained in the ADDRESSES section,
foreign nationals visiting DOE
Headquarters are subject to advance
security screening procedures.
B. Procedure for Submitting Requests To
Speak
Anyone who has an interest in today’s
notice, or who represents a group or
class of persons with an interest in these
issues, may request an opportunity to
make an oral presentation at the public
meeting. Such persons may handdeliver requests to speak to the address
shown in the ADDRESSES section at the
beginning of this SNOPR between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Requests may
also be sent by mail or e-mail to: Ms.
Brenda Edwards, U.S. Department of
Energy, Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121, or Brenda.Edwards@ee.doe.gov.
Persons who wish to speak should
include in their request a computer
diskette or CD in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format
that briefly describes the nature of their
interest in this rulemaking and the
topics they wish to discuss. Such
persons should also provide a daytime
telephone number where they can be
reached.
DOE requests persons selected to be
heard to submit an advance copy of
their statements at least one week before
the public meeting. DOE may permit
persons who cannot supply an advance
copy of their statement to participate, if
those persons have made advance
alternative arrangements with the
Building Technologies Program.
Requests to give an oral presentation
should ask for such alternative
arrangements.
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emcdonald on DSK2BSOYB1PROD with PROPOSALS
C. Conduct of Public Meeting
DOE will designate a DOE official to
preside at the public meeting and may
also use a professional facilitator to aid
discussion. The meeting will not be a
judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
be present to record the proceedings and
prepare a transcript. DOE reserves the
right to schedule the order of
presentations and to establish the
procedures governing the conduct of the
public meeting. After the public
meeting, interested parties may submit
further comments on the proceedings as
well as on any aspect of the rulemaking
until the end of the comment period.
DOE will conduct the public meeting
in an informal conference style. DOE
will present summaries of comments
received before the public meeting,
allow time for presentations by
participants, and encourage all
interested parties to share their views on
issues affecting this rulemaking. Each
participant will be allowed to make a
prepared general statement (within time
limits determined by DOE), before the
discussion of specific topics. DOE will
permit other participants to comment
briefly on any general statements. At the
end of all prepared statements on each
specific topic, DOE will permit
participants to clarify their statements
briefly and comment on statements
made by others.
Participants should be prepared to
answer DOE’s and other participants’
questions. DOE representatives may also
ask participants about other matters
relevant to this rulemaking. The official
conducting the public meeting will
accept additional comments or
questions from those attending if time
permits. The presiding official will
announce any further procedural rules
or modification of the above procedures
that may be needed for the proper
conduct of the public meeting.
DOE will make the entire record of
this proposed rulemaking, including the
transcript from the public meeting,
available for inspection at the U.S.
Department of Energy, 950 L’Enfant
Plaza, SW., Suite 600, Washington, DC
20024, (202) 586–9127, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Copies of the
transcript are available for purchase
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
information regarding the proposed rule
before or after the public meeting, but
no later than the date provided at the
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beginning of this SNOPR. Comments,
data, and information submitted to
DOE’s e-mail address for this
rulemaking should be provided in
WordPerfect, Microsoft Word, PDF, or
text (ASCII) file format. Interested
parties should avoid the use of special
characters or any form of encryption,
and wherever possible comments
should include the electronic signature
of the author. Comments, data, and
information submitted to DOE via mail
or hand delivery should include one
signed original paper copy. No
telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: One copy of
the document that includes all of the
information believed to be confidential,
and one copy of the document with that
information deleted. DOE will make its
own determination as to the
confidential status of the information
and treat it accordingly.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include the
following: (1) A description of the items;
(2) whether and why such items are
customarily treated as confidential
within the industry; (3) whether the
information is generally known by or
available from other sources; (4)
whether the information was previously
made available to others without
obligation concerning its
confidentiality; (5) an explanation of the
competitive injury to the submitting
person that would result from public
disclosure; (6) when such information
might lose its confidential character due
to the passage of time; and (7) why
disclosure of the information would be
contrary to the public interest.
E. Issues on Which DOE Seeks Comment
Although comments are welcome on
all aspects of this rulemaking, DOE is
particularly interested in receiving
comments and views of interested
parties on the following issues:
1. Covered Products
DOE invites comment on the proposal
to clarify the definition of a ‘‘microwave
oven’’ provided in 10 CFR 430.2 to cover
microwave ovens with or without
thermal elements designed for surface
browning of food as well as combination
microwave ovens (i.e., microwave ovens
that incorporate convection features and
possibly other cooking means). DOE
also welcomes comment on the proposal
that the same testing procedures and
calculations can be applied to each of
these types of microwave ovens, and
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whether there are additional standby
and off modes or other product features
for each particular type of microwave
oven that would require separate testing
procedures. (See Section III.A.)
2. Cooking Efficiency Test Load
DOE welcomes comment on test
procedures and methods for the active
mode cooking efficiency that address
the concerns with repeatability and
consistency of test results. DOE also
welcomes consumer usage data on
representative food loads, as well as
data indicating how changes to the test
load would affect the measured EF and
on the repeatability of such test results.
DOE will consider such information in
its separate rulemaking to develop new
methods of measuring microwave oven
active mode cooking efficiency. (See
section III.C.)
3. Incorporation of IEC Standard 62301
DOE invites comment on the
adequacy of IEC Standard 62301 to
measure standby mode and off mode
power for microwave ovens in general,
and on the suitability of incorporating
into DOE regulations the specific
provisions described in section III.D.
4. Mode Definitions
DOE seeks comment on its proposed
definitions of standby mode, off mode,
and active mode, which are based on
the language in IEC Standard 62301
CDV. DOE also seeks comment on
specific functions that would be
classified as standby, off, and active
modes. (See section III.E.)
5. Test Cycle
DOE seeks comment on its proposed
clarification to IEC Standard 62301, in
which DOE specifies a test period of 10
minutes with an initial clock display
time of 3:33 for microwave ovens for
which the measured power is not stable,
and the test burden associated with
such testing requirements. (See section
III.F.)
6. Test Procedure Waivers for Products
for Which Test Measurements Are Not
Representative
DOE seeks comment on the proposed
language requiring petition for waivers
to address products equipped with
controls or other features that modify
the operation of energy using
components during the energy test. DOE
seeks comment on whether more
specific definition could or should be
provided to define either the product
characteristics that would make the test
procedure unsuitable for use or to
define representative average use. (See
section III.F.)
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules
VI. Approval of the Office of the
Assistant Secretary
The Assistant Secretary of DOE’s
Office of Energy Efficiency and
Renewable Energy has approved
publication of today’s Supplemental
Notice of Proposed Rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental Relations, Small
businesses.
Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons stated in the
preamble, DOE proposes to amend part
430 of chapter II of title 10, Code of
Federal Regulations, to read as set forth
below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.2 is amended by
revising the definition for ‘‘Microwave
oven’’ to read as follows:
*
*
*
*
*
Microwave oven means a class of
kitchen ranges and ovens comprised of
household cooking appliances
consisting of a compartment designed to
cook or heat food by means of
microwave energy, including
microwave ovens with or without
thermal elements designed for surface
browning of food and combination
ovens.
*
*
*
*
*
3. Section 430.23 is amended by
adding paragraph (i)(13) to read as
follows:
emcdonald on DSK2BSOYB1PROD with PROPOSALS
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
(i) * * *
(13) The energy test procedure is
designed to provide a measurement
consistent with representative average
consumer use of the product, even if the
test conditions and/or procedures may
not themselves all be representative of
average consumer use (e.g. specified
display times). If (1) a product contains
energy consuming components that
operate differently during the prescribed
testing than they would during
representative average consumer use
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and (2) applying the prescribed test to
that product would evaluate it in a
manner that is unrepresentative of its
true energy consumption (thereby
providing materially inaccurate
comparative data), the prescribed
procedure may not be used. Examples of
products that cannot be tested using the
prescribed test procedure include those
products that can exhibit operating
parameters (e.g. display wattage) for any
energy using component that are not
predictably varying functions of
operating conditions or control inputs—
such as when a display is automatically
dimmed when test conditions or test
settings are reached. A manufacturer
wishing to test such a product must
obtain a waiver in accordance with the
relevant provisions of 10 CFR part 430.
*
*
*
*
*
4. Appendix I to Subpart B of Part 430
is amended:
a. By adding a note after the heading;
b. In section 1. Definitions, by:
1. Redesignating sections 1.1 through
1.4 as sections 1.2 through 1.5;
2. Redesignating section 1.5 as section
1.7;
3. Redesignating sections 1.6 through
1.8 as sections 1.9 through 1.11;
4. Redesignating sections 1.9 and 1.10
as sections 1.14 and 1.13, respectively;
5. Adding new sections 1.1, 1.6, 1.8,
and 1.12;
c. In section 2. Test Conditions, by:
1. Revising sections 2.1.3, 2.2.1, 2.5,
and 2.6;
2. Adding new sections 2.2.1.1,
2.2.1.2, and 2.9.1.3; and
d. In section 3. Test Methods and
Measurements, by revising sections
3.1.1, 3.1.1.1, 3.1.2, 3.1.3, 3.1.3.1, 3.2.3,
and 3.3.13.
The additions and revisions read as
follows:
Appendix I to Subpart B of Part 430–
Uniform Test Method for Measuring the
Energy Consumption of Conventional
Ranges, Conventional Cooking Tops,
Conventional Ovens, and Microwave
Ovens
Note: All representations related to standby
mode and off mode energy consumption of
microwave ovens made after [DATE 180
DAYS AFTER DATE OF PUBLICATION OF
THE TEST PROCEDURE FINAL RULE IN
THE FEDERAL REGISTER] must be based on
results generated under this test procedure
(i.e., sections 2.1.3, 2.2.1, 2.5, 2.9.1.3, 3.1.3,
3.2.3, and 3.3.13 of this appendix I).
Determination of compliance with any
energy conservation standard for standby and
off mode made after [DATE 3 YEARS AFTER
DATE OF PUBLICATION OF ANY
MICROWAVE OVEN STANDARDS FINAL
RULE] must also be based on results
generated under this test procedure.
*
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*
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*
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1. Definitions
*
*
*
*
*
1.1 Active mode means the condition in
which a microwave oven is connected to a
mains power source, has been activated, and
provides one or more main functions. Delay
start mode is a one off user-initiated short
duration function that is associated with an
active mode.
*
*
*
*
*
1.6 IEC 62301 refers to the test standard
published by the International
Electrotechnical Commission, titled
‘‘Household electrical appliances—
Measurement of standby power,’’ Publication
62301 First Edition 2005–06. (Incorporated
by reference, see § 430.3)
*
*
*
*
*
1.8 Off mode means the condition in
which a microwave oven is connected to a
mains power source and is not providing any
standby mode or active mode function and
where the mode may persist for an indefinite
time.
*
*
*
*
*
1.12 Standby mode the condition in
which a microwave oven is connected to a
mains power source and offers one or more
of the following user-oriented or protective
functions which may persist for an indefinite
time: (1) To facilitate the activation of other
modes (including activation or deactivation
of active mode) by remote switch (including
remote control), internal sensor, or timer; (2)
continuous functions, including information
or status displays (including clocks) or
sensor-based functions. A timer is a
continuous clock function (which may or
may not be associated with a display) that
provides regular scheduled tasks (e.g.
switching) and that operates on a continuous
basis.
*
*
*
*
*
2. Test Conditions
*
*
*
*
*
2.1.3 Microwave ovens. Install the
microwave oven in accordance with the
manufacturer’s instructions and connect to
an electrical supply circuit with voltage as
specified in Section 2.2.1. The microwave
oven shall also be installed in accordance
with Section 5, Paragraph 5.2 of IEC 62301
(incorporated by reference; see § 430.3). A
watt meter shall be installed in the circuit
and shall be as described in Section 2.9.1.3.
*
*
*
*
*
2.2.1 Electrical supply.
2.2.1.1 Voltage. Maintain the electrical
supply to the conventional range,
conventional cooking top, and conventional
oven being tested at 240/120 volts except that
basic models rated only at 208/120 volts shall
be tested at that rating. Maintain the voltage
within 2 percent of the above specified
voltages. For microwave oven testing,
maintain the electrical supply to the
microwave oven at 120/240 volts and 60
hertz. Maintain the electrical supply for
microwave oven testing within 1 percent of
the specified voltage and frequency.
2.2.1.2 Supply voltage waveform. For the
microwave oven testing, maintain the
electrical supply voltage waveform as
indicated in Section 4, Paragraph 4.4 of IEC
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62301 (incorporated by reference; see
§ 430.3).
*
*
*
*
*
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, or as
indicated in Section 4, Paragraph 4.2 of IEC
62301 (incorporated by reference; see § 430.3)
for microwave ovens, as measured at least 5
feet (1.5 m) and not more than 8 feet (2.4 m)
from the nearest surface of the unit under test
and approximately 3 feet (0.9 m) above the
floor. The temperature shall be measured
with a thermometer or temperature
indicating system with an accuracy as
specified in Section 2.9.3.1.
2.6 Normal nonoperating temperature.
All areas of the appliance to be tested shall
attain the normal nonoperating temperature,
as defined in Section 1.7, before any testing
begins. The equipment for measuring the
applicable normal nonoperating temperature
shall be as described in Sections 2.9.3.1,
2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable.
*
*
*
*
*
2.9.1.3 Standby mode and off mode watt
meter. The watt meter used to measure
standby mode and off mode shall have a
resolution as specified in Section 4,
Paragraph 4.5 of IEC 62301 (incorporated by
reference; see § 430.3). The watt meter shall
also be able to record a ‘‘true’’ average power
as specified in Section 5, Paragraph 5.3.2(a)
of IEC 62301.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
*
*
*
*
*
3. Test Methods and Measurements
3.1 Test methods.
3.1.1 Conventional oven. Perform a test
by establishing the testing conditions set
forth in Section 2, ‘‘TEST CONDITIONS,’’ of
this Appendix, and adjust any pilot lights of
a conventional gas oven in accordance with
the manufacturer’s instructions and turn off
the gas flow to the conventional cooking top,
if so equipped. Before beginning the test, the
conventional oven shall be at its normal
nonoperating temperature as defined in
Section 1.7 and described in Section 2.6. Set
the conventional oven test block W1
approximately in the center of the usable
baking space. If there is a selector switch for
selecting the mode of operation of the oven,
set it for normal baking. If an oven permits
baking by either forced convection by using
a fan, or without forced convection, the oven
is to be tested in each of those two modes.
The oven shall remain on for at least one
complete thermostat ‘‘cut-off/cut-on’’ of the
electrical resistance heaters or gas burners
after the test block temperature has increased
234 °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 1.7 and described in Section 2.6.
Then set the conventional oven’s selfcleaning process in accordance with the
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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 1.7 and described in Section 2.6. Set
the test block in the center of the surface unit
under test. The small test block, W2, shall be
used on electric surface units of 7 inches (178
mm) or less in diameter. The large test block,
W3, shall be used on electric surface units
over 7 inches (177.8 mm) in diameter and on
all gas surface units. Turn on the surface unit
under test and set its energy input rate to the
maximum setting. When the test block
reaches 144 °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.
*
*
*
*
*
3.1.3 Microwave oven.
3.1.3.1 Microwave oven test standby
mode and off mode power. Establish the
testing conditions set forth in Section 2,
‘‘TEST CONDITIONS,’’ of this Appendix. For
microwave ovens that drop from a higher
power state to a lower power state as
discussed in Section 5, Paragraph 5.1, Note
1 of IEC 62301 (incorporated by reference;
see § 430.3), allow sufficient time for the
microwave oven to reach the lower power
state before proceeding with the test
measurement. Follow the test procedure as
specified in Section 5, Paragraph 5.3 of IEC
62301. For units in which power varies as a
function of displayed time in standby mode,
set the clock time to 3:33 at the end of the
stabilization period specified in Section 5,
Paragraph 5.3, and use the average power
approach described in Section 5, Paragraph
5.3.2(a), but with a single test period of 10
minutes +0/-2 sec. If a microwave oven is
capable of operation in either standby mode
or off mode, as defined in Sections 1.12 and
1.8, respectively, or both, test the microwave
oven in each mode in which it can operate.
*
*
*
*
*
3.2.3 Microwave oven test standby mode
and off mode power. Make measurements as
specified in Section 5, Paragraph 5.3 of IEC
62301 (incorporated by reference; see
§ 430.3). If the microwave oven is capable of
operating in standby mode, measure the
average standby mode power of the
microwave oven, PSB, in watts as specified in
Section 3.1.3.1. If the microwave oven is
capable of operating in off mode, measure the
average off mode power of the microwave
oven, POFF, as specified in Section 3.1.3.1.
*
*
*
*
*
3.3.13 Record the average standby mode
power, PSB, for the microwave oven standby
mode, as determined in Section 3.2.3 for a
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Fmt 4702
Sfmt 4702
microwave oven capable of operating in
standby mode. Record the average off mode
power, POFF, for the microwave oven off
mode power test, as determined in Section
3.2.3 for a microwave oven capable of
operating in off mode.
[FR Doc. 2010–17775 Filed 7–21–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2010–0323; Airspace
Docket No. 10–ANE–106]
Proposed Establishment of Class E
Airspace; Lancaster, NH
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E Airspace at Lancaster,
NH, to accommodate a new Area
Navigation (RNAV) Global Positioning
System (GPS) Special Standard
Instrument Approach Procedure (SIAP)
serving the Weeks Medical Center. This
action would enhance the safety and
airspace management of Instrument
Flight Rules (IFR) operations within the
National Airspace System.
DATES: Comments must be received on
or before September 7, 2010.
ADDRESSES: Send comments on this rule
to: U. S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001; Telephone: 1–800–
647–5527; Fax: 202–493–2251. You
must identify the Docket Number FAA–
2010–0323; Airspace Docket No. 10–
ANE–106, at the beginning of your
comments. You may also submit and
review received comments through the
Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Richard Horrocks, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5588.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Comments Invited
Interested persons are invited to
comment on this rule by submitting
such written data, views, or arguments,
as they may desire. Comments that
provide the factual basis supporting the
views and suggestions presented are
particularly helpful in developing
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]]>Agencies
[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Proposed Rules]
[Pages 42612-42630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17775]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0011]
RIN 1904-AB78
Energy Conservation Program for Consumer Products: Test Procedure
for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: On October 17, 2008, the U.S. Department of Energy (DOE)
issued a notice of proposed rulemaking (NOPR) in which DOE proposed
test procedures for microwave ovens under the Energy Policy and
Conservation Act (EPCA) to measure standby mode and off mode power use
by microwave ovens. To address issues raised in comments responding to
the NOPR, DOE conducted additional research and analysis. In today's
supplemental notice of proposed rulemaking (SNOPR), DOE proposes
adopting definitions of modes based on the relevant provisions from the
IEC Standard 62301, Household electrical appliances--Measurement of
standby power, Second Edition, Committee Draft for Vote (IEC Standard
62301 CDV), as well as language to clarify application of these
provisions for measuring standby mode and off mode power consumption in
microwave ovens. DOE will hold a public meeting to discuss and receive
comments on the issues presented in this SNOPR.
DATES: DOE will hold a public meeting on Thursday, September 16, 2010,
from 9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to
speak at the public meeting before 4 p.m., Thursday, September 2, 2010.
DOE must receive a signed original and an electronic copy of statements
to be given at the public meeting before 4 p.m., Thursday, September 9,
2010.
DOE will accept comments, data, and information regarding this
SNOPR before and after the public meeting, but no later than October 4,
2010. For details, see section V, ``Public Participation'', of this
SNOPR.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE as soon as possible by contacting Ms.
Edwards to initiate the necessary procedures.
Any comments submitted must identify the SNOPR on Test Procedures
for Microwave Ovens, and provide the docket number EERE-2008-BT-TP-0011
and/or regulatory information number (RIN) 1904-AB78. Comments may be
submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. E-mail: 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.,
Washington, DC 20585-0121. Please submit one signed original paper
copy.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 6th
[[Page 42613]]
Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024. Telephone: (202)
586-2945. Please submit one signed original paper copy.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V (Public
Participation) of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please
call Ms. Brenda Edwards at the above telephone number for additional
information about visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, U.S. Department of
Energy, Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Tel.: (202) 586-7335. E-mail: 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. Background and Legal Authority
II. Summary of the Proposal
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
B. Effective Date for the Test Procedure
C. Measures of Energy Consumption
D. Incorporating by Reference IEC Standard 62301 for Measuring
Standby Mode and Off Mode Power in Microwave Ovens
E. Definitions of ``Active Mode'', ``Standby Mode'', and ``Off
Mode''
F. Specifications for the Test Methods and Measurements for
Microwave Oven Standby Mode and Off Mode Testing
G. Other Issues
H. Compliance With Other EPCA Requirements
IV. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
(FEA) Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Covered Products
2. Cooking Efficiency Test Load
3. Incorporation of IEC Standard 62301
4. Mode Definitions
5. Test Cycle
6. Test Procedure Waivers for Products for Which Test
Measurements Are Not Representative
VI. Approval of the Office of the Assistant Secretary
I. Background and Legal Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles'' for consumer products, including microwave
ovens. (42 U.S.C. 6291(1)-(2) and 6292(a)(10)) Under the Act, this
program consists essentially of three parts: Testing, labeling, and
establishing Federal energy conservation standards.
Manufacturers of covered products must use DOE test procedures to
certify that their products comply with energy conservation standards
adopted under EPCA and to represent the efficiency of their products.
(42 U.S.C. 6295(s); 42 U.S.C. 6293(c)) DOE must also use DOE test
procedures in any action to determine whether covered products comply
with EPCA standards. (42 U.S.C. 6295(s)) Criteria and procedures for
DOE's adoption and amendment of such test procedures, as set forth in
EPCA, require that test procedures be reasonably designed to produce
test results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use. Test procedures must also not be
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
If DOE determines that a test procedure amendment is warranted, it
must publish proposed test procedures and offer the public an
opportunity to present oral and written comments on them. (42 U.S.C.
6293(b)(2)) In any rulemaking to amend a test procedure, DOE must
determine to what extent the proposed test procedure would alter the
measured energy efficiency of any covered product as determined under
the existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines
that the amended test procedure would alter the measured efficiency of
a covered product, DOE must amend the applicable energy conservation
standard accordingly. (42 U.S.C. 6293(e)(2))
DOE is also required to amend the test procedures for covered
products to address standby mode and off mode energy consumption and to
integrate such energy consumption into the energy descriptor for that
product unless the current test procedures already fully account for
such consumption. If integration is technically infeasible, DOE must
prescribe a separate standby mode and off mode energy use test
procedure, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any such
amendment must consider the most current versions of IEC Standards
62301 [``Household electrical appliances--Measurement of standby
power,'' First Edition 2005-06 (IEC Standard 62301)1 2] and
IEC Standard 62087 [``Methods of measurement for the power consumption
of audio, video, and related equipment,'' Second Edition 2008-09]. Id.
For microwave ovens, DOE must prescribe any such amendment by March 31,
2011. (42 U.S.C. 6295(gg)(2)(B)(vi))
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\1\ IEC standards are available for purchase at: https://www.iec.ch.
\2\ Multiple editions of this standard are referenced in this
SNOPR. Unless otherwise indicated, the terms ``IEC Standard 62301''
or ``IEC Standard 62301 First Edition'' refer to ``Household
electrical appliances--measurement of standby power'' (First
Edition, 2005-06).
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Historically, DOE's test procedure for microwave ovens appeared at
appendix I to subpart B of Title 10 of the Code of Federal Regulations
(CFR).\3\ That test procedure was part of an October 3, 1997, final
rule that also revised the test procedures for other cooking products
to measure their efficiency and energy use more accurately. 62 FR
51976. That final rule incorporated portions of the International
Electrotechnical Commission (IEC) Standard 705-1998 and Amendment 2-
1993, ``Methods for Measuring the Performance of Microwave Ovens for
Households and Similar Purposes'' to measure microwave oven cooking
efficiency, but did not address energy use in the standby or off modes.
Id.
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\3\ As explained in more detail later in the preamble, DOE
published a final rule to repeal the active mode test procedure for
microwave ovens elsewhere in today's Federal Register.
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DOE published a notice of proposed rulemaking (NOPR) on October 17,
2008
[[Page 42614]]
(hereafter referred to as the October 2008 TP NOPR), in which it
proposed incorporating provisions from IEC Standard 62301 into the DOE
active mode test procedure, as well as language to clarify application
of these provisions for measuring standby mode and off mode power in
microwave ovens. The October 2008 TP NOPR also proposed correcting a
technical error in the calculation of microwave test cooking energy
output. 73 FR 62134 (Oct. 17, 2008). DOE held a public meeting on
November 14, 2008 (hereafter referred to as the November 2008 public
meeting), to hear oral comments on and solicit information relevant to
the October 2008 TP NOPR. Interested parties remarked upon, among other
things, harmonization of standards and test procedures with those of
other countries and international agencies. In particular commenters
urged DOE to consider IEC Standard 62301 Second Edition, which was in
the process of being finalized and published.
After the October 2008 TP NOPR was published, DOE determined that
it would consider the revised version of IEC Standard 62301, i.e., IEC
Standard 62301 Second Edition, in the microwave oven test procedure
rulemaking. The revised version was expected in July 2009. DOE
anticipated, based on review of drafts of the updated IEC Standard
62301, that the revisions could include different mode definitions.
DOE later received information that IEC Standard 62301 Second
Edition is not expected to be issued until late 2010. Because EPCA
requires DOE to establish test procedures for standby and off mode by
March 31, 2011 and DOE is conducting a concurrent energy conservation
standards rulemaking for standby and off mode energy use, discussed
below, DOE publishes today's SNOPR to consider the new mode definitions
from the most recent draft version of IEC Standard 62301, designated as
IEC Standard 62301 Second Edition, Committee Draft for Vote (IEC
Standard 62301 CDV). IEC Standard 62301 CDV contains proposed
amendments to IEC Standard 62301, including new mode definitions based
on those proposed in IEC Standard 62301 Second Edition, Committee Draft
2 (IEC Standard 62301 CD2) \4\ and which address comments received by
interested parties in response to IEC Standard 62301 CD2. As a result
of this continued refinement on the basis of public comment, DOE
believes that these most recent mode definitions represent the best
definitions available for the analysis in support of today's SNOPR.
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\4\ IEC Standard 62301 CD2 was the draft version immediately
preceding IEC Standard 62301 CDV.
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As stated in the previous paragraph, DOE is considering amended
microwave oven energy conservation standards addressing standby and off
mode energy use concurrently with the test procedure rulemaking
process. The National Appliance Energy Conservation Act of 1987 (NAECA;
Pub. L. 100-12), which amended EPCA, established prescriptive standards
for kitchen ranges and ovens, but no standards were established for
microwave ovens. 42 U.S.C. 6295(h) The NAECA amendments also required
DOE to conduct two cycles of rulemakings to determine whether to revise
the standard. DOE undertook the first cycle of these rulemakings and
issued a final rule on September 8, 1998 (63 FR 48038), in which DOE
found that no amended standards were justified for electric cooking
products, including microwave ovens.
DOE initiated the second cycle of energy conservation standards
rulemakings for cooking products by publishing a framework document
covering, in part, microwave ovens, and giving notice of a public
meeting and the availability of the document. 71 FR 15059 (March 27,
2006). In its subsequent advance notice of proposed rulemaking (ANOPR)
(72 FR 64432, Nov. 15, 2007; hereafter the November 2007 ANOPR)
concerning energy conservation standards for commercial clothes washers
and residential dishwashers, dehumidifiers, and cooking products,
including microwave ovens (hereafter referred to as the appliance
standards rulemaking), DOE determined that energy consumption by
microwave ovens in the standby mode represents a significant portion of
microwave oven energy use, and that a standard regulating such energy
consumption would likely have significant energy savings. 72 FR 64432,
64441-42 (Nov. 15, 2007). Before standby power could be included in an
efficiency standard for microwave ovens, however, test procedures for
the measurement of standby power would be required. Id.
On December 13, 2007, DOE held a public meeting to receive and
discuss comments on the November 2007 ANOPR (hereafter referred to as
the December 2007 public meeting). At the December 2007 public meeting,
DOE presented for discussion the possibility that test standard IEC
Standard 62301 First Edition could be incorporated by reference into
DOE's microwave oven test procedure to measure standby power. DOE also
discussed clarifications to the IEC Standard 62301 test conditions at
the December 2007 public meeting, including a requirement that, if the
measured power is not stable, the standby mode power test would be run
for a period of 12 hours with an initial clock setting of 12 a.m. This
would permit more accurate measurement of average standby power
consumption.
DOE published a NOPR for the appliance standards rulemaking on
October 17, 2008, in which it tentatively concluded that a standard for
microwave oven standby mode and off mode energy consumption would be
technologically feasible and economically justified. 73 FR 62034. DOE
received responses to the NOPR from interested parties regarding the
harmonization of standards and test procedures with those of other
countries and international agencies. As a result of these comments,
DOE decided to consider the revised version of IEC Standard 62301
(i.e., IEC Standard 62301 Second Edition) in the development of energy
conservation standards for the standby mode and off mode power
consumption of microwave ovens. As stated above, issuance of the
revised version was expected in July 2009 but is now expected in late-
2010, and as a result, DOE is considering the most recent draft version
IEC Standard 62301 CDV for today's SNOPR.
In a final rule published on April 8, 2009 (74 FR 16040), DOE
established amended standards for gas cooking products, but again found
that no active mode cooking efficiency standards were justified for
electric cooking products, including microwave ovens. This rulemaking
completed the second cycle of rulemakings required by the NAECA
amendments to EPCA. (42 U.S.C. 6295(h)(2))
In its analysis for the second cycle of rulemakings, DOE determined
that the microwave oven test procedure provisions to measure cooking
efficiency do not produce accurate and repeatable test results. DOE is
unaware of any test procedures that have been developed that address
the concerns with the DOE microwave oven cooking efficiency test
procedure. DOE, therefore, repealed the regulatory provisions
establishing the cooking efficiency test procedure for microwave ovens
under EPCA in a final rule published elsewhere in today's Federal
Register. DOE has also published a notice of a public meeting to
discuss a separate rulemaking process to establish new provisions for
measuring microwave oven energy efficiency in active (cooking) mode in
today's Federal Register.
[[Page 42615]]
II. Summary of the Proposed Rule
In the October 2008 TP NOPR and this SNOPR, DOE proposes amending
its test procedures for microwave ovens to:
(1) Assist DOE in the concurrent development of energy conservation
standards that address use of standby mode and off mode power by this
product.
(2) Address the statutory requirement to establish procedures for
the measurement of standby mode and off mode power consumption.
In the October 2008 TP NOPR, DOE proposed incorporating by
reference specific clauses from IEC Standard 62301 regarding test
conditions and testing procedures for measuring the average standby
mode and average off mode power consumption into the microwave oven
test procedure.\5\ These proposals are not affected by this SNOPR,
though DOE proposes in this SNOPR to incorporate two additional clauses
from IEC Standards 62301, as described in more detail below. DOE also
proposes in this SNOPR to incorporate into the microwave oven test
procedure definitions of ``active mode,'' ``standby mode,'' and ``off
mode'' that are based on the definitions provided in IEC Standard 62301
CDV. DOE further proposes language to clarify the application of
clauses from IEC Standard 62301 for measuring standby mode and off mode
power in this SNOPR. Specifically, DOE proposes defining the test
duration for cases in which the measured power is not stable (i.e.,
varies over a cycle), recognizing that the power consumption of
microwave oven displays can vary based on the displayed clock time.
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\5\ DOE also proposed in the October 2008 TP NOPR a technical
correction to the equation for calculating the microwave oven test
cooking energy output which, as stated at the time in the test
procedure, produced a value with incorrect units. Because DOE
published a final rule elsewhere in today's Federal Register that
eliminated provisions for measuring microwave oven cooking energy
use, including the calculation of test cooking energy output, DOE no
longer is proposing such a technical correction.
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The EISA 2007 amendments to EPCA direct DOE to amend the microwave
oven test procedure to integrate energy consumption in standby mode and
off mode into the overall energy descriptor. (42 U.S.C. 6295(gg)(2)(A))
If that is technically infeasible, DOE must instead prescribe a
separate standby mode and off mode energy use test procedure, if
technically feasible. Id.
In response to the October 2008 TP NOPR, DOE received comments from
interested parties regarding the accuracy and repeatability of the
existing DOE microwave oven test procedure for measuring cooking
efficiency. Because of issues DOE identified with using its existing
microwave oven test procedure, including the large test-to-test
variation in cooking efficiency measurements, and because DOE is
unaware of any test procedures that have been developed that address
the concerns with the DOE microwave oven cooking efficiency test
procedure raised by these interested parties, DOE repealed the
provisions in the existing microwave oven test procedure relating to
the measurement of cooking efficiency and energy factor (EF) elsewhere
in today's Federal Register. Therefore, the requirement to integrate
energy consumption in standby mode and off mode into an overall energy
descriptor does not apply. DOE also published a notice in today's
Federal Register announcing a public meeting to consider developing a
new test procedure for active mode energy consumption of microwave
ovens, and DOE will consider the statutory requirement to integrate the
test procedures for standby and off mode as any active mode test
procedures are developed.
As noted above, EPCA requires that DOE determine whether a proposed
test procedure amendment would alter the measured efficiency of a
product, thereby requiring adjustment of existing standards. (42 U.S.C.
6293(e)) Because there are currently no Federal energy conservation
standards for microwave ovens (including energy use in the standby and
off modes), such requirement does not apply to this rulemaking. DOE is
conducting a concurrent rulemaking process to consider standby and off
mode energy conservation standards and will consider this test
procedure rulemaking as any standards are developed.
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
This proposal would amend the test procedures for kitchen ranges
and ovens to include test procedures for the measurement of standby
mode and off mode power use for microwave ovens. This proposal would
also clarify that the definition of ``microwave oven'' in 10 CFR 430.2
includes microwave ovens with or without thermal elements designed for
surface browning of food and combination ovens.
DOE defines ``microwave oven'' as ``a class of kitchen ranges and
ovens which is a household cooking appliance consisting of a
compartment designed to cook or heat food by means of microwave
energy.'' 10 CFR 430.2. In the October 2008 TP NOPR, DOE stated that
the proposed amendments would establish test procedures for all
microwave ovens for which the primary source of heating energy is
electromagnetic (microwave) energy, including microwave ovens with or
without thermal elements designed for surface browning of food. DOE
stated that the proposal did not address test procedures for
combination ovens (i.e., ovens consisting of a single compartment in
which microwave energy and one or more other technologies, such as
thermal or halogen cooking elements or convection systems, contribute
to cooking the food). DOE noted that the proposal also did not propose
test procedures for the type of cooking appliance classified by DOE
regulations as a microwave/conventional range, which has separate
compartments or components consisting of a microwave oven, a
conventional oven, and a conventional cooking top. DOE requested data
on the efficiency characteristics of combination ovens in the November
2007 ANOPR, but did not receive any information. DOE also noted in the
October 2008 TP NOPR that if this information is made available at a
later date, DOE may consider combination ovens in future proceedings.
73 FR 62134, 62137 (Oct. 17, 2008).
The Association of Home Appliance Manufacturers (AHAM), GE Consumer
& Industrial (GE), Pacific Gas & Electric (PG&E), Whirlpool Corporation
(Whirlpool), and Earthjustice (EJ) commented that the proposed
definition for products covered by this test procedure was unclear,
seeking clarification on the definition of a ``microwave oven'' and
``combination oven'' and whether combination ovens would be covered by
the test procedure. (AHAM, No. 8 at pp. 1-2; GE, Public Meeting
Transcript, No. 7 at pp. 16-17; PG&E, Public Meeting Transcript, No. 7
at pp. 24-25, 32; Whirlpool, Public Meeting Transcript, No. 7 at p. 21;
EJ, Public Meeting Transcript, No. 7 at pp. 24, 32)
The Appliance Standards Awareness Project (ASAP) questioned the
need to determine whether combination ovens fall within the definition
of a microwave oven for this rulemaking, because the rulemaking is
focused on standby power. (ASAP, Public Meeting Transcript, No. 7 at p.
26) GE cited DOE's statement in the October 2008 TP NOPR that the
proposal does not provide test procedures for combination ovens because
DOE did not have sufficient efficiency characteristic data to include
these products in the rulemaking, but that microwave ovens
[[Page 42616]]
with or without thermal elements are included. GE also stated that the
proposed definition for microwave ovens is unclear, inconsistent with
current regulations, and leads to confusion about what is a covered
product. (GE, No. 9 at pp. 2-3) GE suggested that DOE review available
data, determine the types of products used to generate the data, and
include them in the rulemaking if there is adequate data. GE added
that, if there is insufficient characteristic data to support DOE's
analysis, these products should be excluded. GE also requested
clarification on microwave ovens with thermal elements, because there
are microwave ovens that also grill or brown. GE stated that there are
units that have modes that are grill-only and microwave-only, but if
there was a combination microwave-grill cycle that would classify it as
a combination unit. (GE, Public Meeting Transcript, No. 7 at pp.16-17)
AHAM, likewise, noted no mention of ``thermal elements designed for
surface browning of food'' in the definition in 10 CFR 430.2, and added
that the proposed definition for microwave ovens is inconsistent with
current regulations. AHAM urged DOE to clarify these definitions
through a transparent process involving all interested parties. (AHAM,
No. 8 at p. 2) Whirlpool added that they manufacture a product, and
believes GE does as well, that can work as a microwave only, work as a
convection oven, or in combination and questioned whether this would be
a covered product. (Whirlpool, Public Meeting Transcript, No. 7 at p.
21)
ASAP commented that they understood a microwave grill to be a
microwave and not a combination oven, questioned whether such a unit
with a combined cooking cycle would be considered a covered product,
and asked whether DOE had information indicating that combination ovens
cannot be measured under the test procedure proposed in the October
2008 TP NOPR. (ASAP, Public Meeting Transcript, No. 7 at p. 18) PG&E
stated that for products with browning functions that cook by microwave
energy, the controls could be set to use only the browning function, in
which case the product would not be covered (PG&E, Public Meeting
Transcript, No. 7 at pp. 19-20), and noted that many microwaves in
homes also have functions which would cause them to be classified as
combination ovens. (PG&E, Public Meeting Transcript, No. 7, pp. 21-22)
EJ stated that even a combination product would still be considered a
household cooking appliance that consists of a compartment designed to
cook or heat food using microwave energy. (EJ, Public Meeting
Transcript, No. 7 at p. 24)
ASAP, Alliance to Save Energy (ASE), American Council for an
Energy-Efficient Economy (ACEEE), Natural Resources Defense Council
(NRDC), Northeast Energy Efficiency Partnerships (NEEP), Northwest
Power and Conservation Council (NPCC), and Southern California Edison
(SoCal Edison) in a joint comment (hereafter ``Joint Comment'')
supported the application of the proposed standard and test procedure
to at least the category of microwave ovens specified in the October
2008 TP NOPR, and supported their application to all microwave ovens,
including combination ovens, in the absence of evidence that the
proposed standard and test procedure are unreasonable. (Joint Comment,
No. 11 at pp. 1-2) The Joint Comment supported Whirlpool's assertion
that DOE appears to be creating a new product definition, and stated
that, although DOE's proposed exclusion of combination ovens does not
appear in the draft text of either the proposed microwave oven
efficiency standard or revision to the test procedure, the plain
reading of the October 2008 TP NOPR makes it clear that some portion of
this product class is proposed to be carved out for separate treatment.
The Joint Comment pointed out that manufacturers have not presented
evidence that the proposed test procedure per se is impractical or
unworkable for any class of microwave ovens and recommended that the
test procedure be finalized as proposed, so that standby and off mode
power use of all microwave ovens can be measured, and leave the
coverage of the efficiency standard to the efficiency standard
rulemaking. (Joint Comment, No. 11 at p. 2)
ASAP noted that DOE elected to move the test procedure modification
for microwave ovens forward to incorporate standby mode while the
remainder of cooking products will be addressed by the EISA 2007
statutory date, and inquired about the interpretation that combination
ovens would thus be addressed in the 2011 rulemaking. (ASAP, Public
Meeting Transcript, No. 7 at pp. 29-31)
GE noted that the majority of over-the-range units are microwave
only and are not combination modes (GE, Public Meeting Transcript, No.
7 at p. 33) and combination ovens represent a smaller segment of the
market. (GE, Public Meeting Transcript, No. 7 at pp. 28-29) EJ
commented that although combination ovens are a very small portion of
the market, they represent higher-end units that presumably would be
the ones with the thermal elements and are more likely to have high-
intensity displays, maybe with backing fluorescents. EJ pointed out
that DOE could be allowing manufacturers to have excessive standby
consumption on those products deemed to be combination ovens, if they
are not covered. (EJ, Public Meeting Transcript, No. 7 at p. 32)
The Joint Comment also noted that excluding subclasses of microwave
ovens that comprise a significant share of the total microwave oven
market from the coverage of the standby efficiency standard could
invite actions by States to set efficiency standards for those
uncovered products. (Joint Comment, No. 11 at p. 2) PG&E suggested
clarifying what products are covered, because California and PG&E
intend to pursue a state standard for combination ovens. (PG&E, Public
Meeting Transcript, No. 7 at pp. 24-25) PG&E also stated that it would
advocate in California for a prescriptive standard covering just
standby energy use of combination ovens to bring it in line with
microwave-only products. (PG&E, Public Meeting Transcript, No. 7 at p.
32)
In response, DOE first notes that, for this SNOPR, it conducted a
survey of microwave oven models currently available on the U.S. market,
including countertop, over-the-range, and built-in configurations. DOE
determined that fewer than 1 percent of the available models (1 out of
129) have thermal elements for grilling but no convection capability,
while 16 percent (21 out of 129) are combination units (microwave +
convection and possibly thermal elements). Although DOE does not have
shipment-weighted data regarding the percentage of microwave ovens with
thermal elements for grilling or combination ovens, DOE does not
believe that including microwave ovens with thermal elements only, with
or without further specification of the function of the thermal
elements, would substantially affect the number or scope of covered
products in this rulemaking. DOE proposes to clarify that microwave
ovens with thermal elements only would be considered covered products
under the definition provided in 10 CFR 430.2. Based on DOE's product
literature review for the single available microwave oven with thermal
elements only, DOE believes that the standby and off mode operation for
microwave ovens with thermal elements only does not differ from that of
microwave-only units.
DOE also proposes to clarify that combination microwave ovens
(i.e.,
[[Page 42617]]
microwave ovens that incorporate convection features and possibly other
means of cooking) would be considered covered products under the
regulatory definition in 10 CFR 430.2 because they are capable of
cooking or heating food by means of microwave energy. As a result, DOE
analyzed the features and operation of these products, conducting in-
store surveys and product literature reviews, to determine if
additional testing procedures would be required that differ from the
testing procedures for microwave-only units. DOE recognizes that
combination ovens may have more sophisticated displays and menu
screens, as well as additional features associated with active mode
operation (i.e., fans, heater elements, etc.) that may require larger
power supplies than a microwave-only unit and therefore may consume
more power in standby or off mode. However, based on its preliminary
analysis, DOE believes that the general standby and off mode operation
for combination microwave ovens does not differ from that of microwave-
only units and microwave ovens with thermal elements only. The standby
mode operation for combination microwave ovens, as with other types of
microwave ovens, consists of an energized display with a clock.
This SNOPR does not affect DOE's proposal from the October 2008 TP
NOPR that the test procedure would cover microwave ovens with and
without browning (thermal) elements. However, this SNOPR clarifies what
is meant by a combination oven and revises the proposal to include
microwave ovens that incorporate convection systems as products to
which the test procedures would be applicable. Because DOE tentatively
determines that the operation in standby and off mode for microwave-
only units, microwave ovens with thermal elements only, and combination
microwave ovens is the same, DOE is proposing that the same test
procedure amendments for standby and off mode testing, discussed in the
sections below, be used for all of these product types. DOE welcomes
comment on this determination and whether there are additional standby
and off modes or other product features for each particular type of
microwave oven that would require separate testing procedures.
B. Effective Date for the Test Procedure and Date on Which Use of the
Test Procedure Would Be Required
As indicated above, EPCA requires that the microwave oven test
procedure be amended to incorporate measurement of standby mode and off
mode power by March 31, 2011. While DOE published a NOPR on October 17,
2008 and subsequently a final rule on April 8, 2009 for the appliance
standards rulemaking, DOE determined it appropriate to consider the
revised IEC Standard 62301 Second Edition, expected in July 2009, in
determining whether to adopt energy conservation standards for the
standby mode and off mode power consumption of microwave ovens. As
noted in section I, DOE was later notified that the revised IEC
Standard 62301 would not be available until late 2010, and determined
to publish today's SNOPR to consider the new mode definitions from the
language in IEC Standard 62301 CDV.
The effective date of the standby and off mode test procedures
would be 30 days after the date of publication in the Federal Register
of any final rule in this test procedures rulemaking. However, DOE's
amended test procedure regulations codified in the CFR would clarify
that the procedures and calculations proposed in today's SNOPR need not
be performed to determine compliance with energy conservation standards
until compliance with any final rule establishing amended energy
conservation standards for microwave ovens in standby mode and off mode
is required. However, the standby mode and off mode energy consumption
test procedures would need to be used by manufacturers for making any
representations on standby and off mode power consumption.
Specifically, clarification would also be provided that, as of 180 days
after publication of any test procedure final rule, any representations
as to the standby mode and off mode energy consumption of the products
that are the subject of this rulemaking would need to be based upon
results generated under the applicable provisions of this test
procedure. (42 U.S.C. 6293(c)(2))
AHAM suggested DOE harmonize its effective date with the 2013
effective date for a 1-Watt (W) standard in other countries (AHAM,
Public Meeting Transcript, No. 7 at p.10), noting that many other
countries are moving to 1-W standby requirements or targets for
reporting, and the European Union (EU) is moving towards manufacturer
self-reporting. AHAM stated that DOE's proposed standards are going to
be one of the most stringent in the world (AHAM, Public Meeting
Transcript, No. 7 at pp. 34-35), and as Europe is on the forefront of
standby power guidelines and clarifications (AHAM, Public Meeting
Transcript, No. 7 at p. 9), DOE must ensure that test procedures are as
thorough and current as possible and capable of harmonization with
international standards. (AHAM, No. 8 at p.1)
AHAM cited deficiencies in the proposed microwave oven test
procedure and suggested that the test procedure be modified and
reviewed based on the original timeline of March 31, 2011, for
incorporation of standby power into kitchen ranges and ovens. This,
AHAM suggested, would ensure that the test procedure is accurate and
consistent across all products and within the international community.
(AHAM, No. 8 at p. 4) GE and Whirlpool agreed with AHAM's comments
regarding the status and condition of the proposed test procedure (GE,
No. 9 at p. 2; Whirlpool, No. 10, at p.1), and Whirlpool also noted
that the EU has promulgated a standard for standby and off mode energy
consumption (1-W standby mode, 0.5-W off mode) using a draft of IEC
Standard 62301, with an effective date of January 2013. Whirlpool
asserted that consumers would benefit from lower product costs if
manufacturers were able to plan for one harmonized effective date for
standards in the United States and Europe. (Whirlpool, No. 10 at p.1)
As noted above, DOE determined it appropriate to consider the
revised IEC Standard 62301 Second Edition, expected in July 2009, in
developing energy conservation standards for microwave oven standby and
off mode power consumption. DOE was later notified that the revised IEC
Standard 62301 would not be available until late-2010 and, therefore,
determined to consider the language from IEC Standard 62301 CDV. DOE
noted that the EU recently enacted the Commission Regulation (EC) No.
1275/2008 of December 17, 2008, implementing design requirements for
standby and off mode power for electrical and electronic household and
office equipment, including microwave ovens. The regulation specifies
the maximum allowable power consumption for standby mode and off mode
with phased effective dates in 2010 and 2013. Although these
international effective dates are not the basis for DOE's energy
conservation standards rulemaking schedule for microwave ovens, DOE's
determination to consider the language from IEC Standard 62301 CDV as
this rulemaking proceeds will result in a methodology and an effective
date which are harmonized to the extent possible with certain
international standby and off mode standards.
GE commented that it could be difficult for manufacturers to meet
the 1-W standard while providing consumer utility, especially for over-
the-range units, which, according to GE,
[[Page 42618]]
cannot use Light Emitting Diode (LED) and Liquid Crystal Display (LCD)
technologies. GE stated that the power consumption of LEDs varies as a
function of what is illuminated, but Vacuum Fluorescent Displays (VFDs)
have the same power draw even when the display is off. (GE, Public
Meeting Transcript, No. 7 at p. 67) DOE plans to address issues
regarding the technological feasibility and economic justification of
proposed energy conservation standards for standby and off mode energy
consumption for microwave ovens as part of the concurrent appliance
standards rulemaking rather than this test procedure rulemaking.
The Joint Comment stated that deferring the microwave oven test
procedure revision until after the finalization of the cooking products
rule will result in the exclusion of subclasses of microwave ovens,
which would imply that States could set efficiency standards for these
products. The Joint Comment further stated that, in this case, some
States may not realize these energy savings until 2020--the earliest
effective date for a subsequent federal cooking products rulemaking--
but cost-effective methods to reduce unnecessary standby consumption
from microwave ovens are more immediately available. (Joint Comment,
No. 11 at p. 2) As discussed above, DOE is considering energy
conservation standards for microwave oven standby mode and off mode
energy consumption in a concurrent rulemaking process.
C. Measures of Energy Consumption
Historically, DOE's microwave oven test procedure provided for the
calculation of several measures of energy consumption, including
cooking efficiency, energy factor (EF), and annual energy consumption,
and DOE's rulemaking analyses have used EF as the energy conservation
metric for microwave ovens.\6\,\7\
---------------------------------------------------------------------------
\6\ As stated previously, DOE published a final rule elsewhere
in today's Federal Register repealing the active mode test procedure
for microwave ovens because of measurement variations incurred
through use of the test procedure.
\7\ DOE previously defined microwave oven EF in 10 CFR 430.23
(i)(2) as the ratio of (Annual Useful Cooking Energy Output/Annual
Total Energy Consumption), which was equivalent to microwave cooking
efficiency (Test Energy Output/Test Energy Consumption).
---------------------------------------------------------------------------
A number of commenters provided input on the integration of standby
and off mode test procedures in response or the October 2008 TP NOPR,
in which DOE proposed separate metrics (average standby mode power
(PSB) in W and average off mode power (POFF) in
W, rather than EF) to measure standby mode and off mode power given the
measurement variability in the active mode test procedure and related
concerns. 73 FR 62134, 62139 (Oct. 17, 2008).
AHAM commented that it is not practical to include standby and off
mode power into a single energy descriptor because standby power is a
substantial fraction of the overall energy use of a microwave oven
(AHAM, No. 8 at pp. 3-4), while the Joint Comment supported DOE's
conclusion for a separate metric. (Joint Comment No. 11 at p. 4)
Whirlpool agreed that, although a combination energy descriptor is
arithmetically possible, such a metric would be illogical and should
not be pursued. (Whirlpool, No. 10 at p. 1) PG&E commented that
microwave ovens do not have high annual energy usage, and that the
range of cooking efficiency between the best and the worst is only 5-7
percent; this implies that cooking efficiency is not a significant
opportunity for regulation, but that standby efficiency is significant.
(PG&E Public Meeting Transcript, No. 7 at p. 41)
ASAP also cited substantial problems with the test procedure for
measuring cooking efficiency that have not yet been addressed,
including a lack of repeatable and consistent results and the
possibility that the challenge of dealing with cooking efficiency is
being compounded by rating the cooking efficiency of combination ovens
in their various cooking modes. (ASAP, Public Meeting Transcript, No. 7
at p. 25) PG&E noted that heat transfer in a microwave oven depends on
the specific resistivity of the load, and that pure water has
relatively low specific resistivity, and items that might be cooked in
a microwave oven would have more salt and thus absorb microwave energy
more efficiently than pure water. PG&E noted that, while water is
easily obtainable for testing, using it probably results in lower
cooking efficiency measurements than would be expected from using
actual food products. (PG&E, Public Meeting Transcript, No. 7 at pp.
44-45)
DOE addressed the issues with the cooking efficiency measurement in
its repeal of the active mode test procedure and notice announcing a
public meeting to discuss the development of new active mode test
procedure published elsewhere in today's Federal Register. DOE also
believes that it is infeasible to specify a food load in the test
procedure at this time. Specification of a food load would require
additional analysis and inputs from interested parties to understand
what a representative food load is and how to ensure consistency in
food properties from test to test. DOE is unaware of any test
procedures that have been developed that address the concerns with the
DOE microwave oven cooking efficiency test procedure discussed above.
DOE is also unaware of any research or data on consumer usage
indicating what a representative food load would be, or any data
showing how changes to the representative test load would affect the
measured EF or repeatability of test results. For these reasons, DOE
proposes only to establish the test procedure for microwave ovens to
address standby mode and off mode energy consumption in today's SNOPR.
However, DOE welcomes consumer usage data on representative food loads,
as well as data indicating how changes to the test load would affect
the measured EF and on the repeatability of such test results.
D. Incorporating by Reference IEC Standard 62301 for Measuring Standby
Mode and Off Mode
EPCA, as amended by EISA 2007, requires that DOE consider the most
current versions of IEC Standards 62301 and 62087 when amending test
procedures to include standby mode and off mode energy consumption. (42
U.S.C. 6295(gg)(2)(A))
DOE noted in the October 2008 TP NOPR that IEC Standard 62301
provides for the measurement of standby power in electrical appliances,
including microwave ovens, and, thus, is applicable to the proposed
amendments to the test procedure. As discussed in more detail below,
the SNOPR does not affect DOE's proposal of the clauses from sections 4
and 5 of IEC Standard 62301 identified in the October 2008 TP NOPR, but
proposes to incorporate by reference two additional paragraphs in
response to comments. DOE also reviewed IEC Standard 62087, which
specifies methods of measurement for the power consumption of TV
receivers, VCRs, set top boxes, audio equipment, and multi-function
equipment for consumer use. IEC Standard 62087 does not, however,
include measurement for the power consumption of electrical appliances
such as microwave ovens. Therefore, DOE determined that IEC Standard
62087 was not suitable for the proposed amendments to the microwave
oven test procedure for this rulemaking. 73 FR 62134, 62139 (Oct. 17,
2008).
In considering IEC Standard 62301, DOE noted that the microwave
oven standby power data that AHAM provided to DOE for the energy
conservation standards rulemaking were based on measurements of standby
power in accordance with IEC Standard 62301, as were the data DOE
gathered in response to interested parties'
[[Page 42619]]
comments on the framework document in that rulemaking. As stated in the
October 2008 TP NOPR, DOE conducted a test program to analyze the
suitability of IEC Standard 62301 for incorporation into the DOE
microwave oven test procedure. Specifically, DOE sought to determine
whether the IEC Standard 62301 test conditions and procedures would be
suitable for incorporation into the DOE test procedure for microwave
ovens to measure standby mode power use. Test data affirm that, with
additional specifications added for test cycle duration and starting
clock time, IEC Standard 62301 appears suitable for inclusion in the
DOE test procedure for that purpose. 73 FR 62134, 62139 (Oct. 17,
2008).
In the October 2008 TP NOPR, DOE also considered harmonization of
test procedures with international standby programs, such as the
International Energy Agency (IEA) ``1-Watt Plan.'' \8\ DOE stated that
it believes that incorporating IEC Standard 62301 into the DOE test
procedure will provide harmonization with most international standards
for standby power in microwave ovens. 73 FR 62134, 62140 (Oct. 17,
2008).
---------------------------------------------------------------------------
\8\ For more information on IEA's ``1-Watt Plan,'' visit https://www.iea.org/textbase/subjectqueries/standby.asp.
---------------------------------------------------------------------------
In the October 2008 TP NOPR, DOE also proposed incorporating
specific clauses from IEC Standard 62301 by reference into the DOE test
procedure for microwave ovens for the measurement of standby and off
mode power. These clauses provide test conditions and testing
procedures for measuring the average standby mode and average off mode
power consumption: section 4 of IEC Standard 62301 provides conditions
for the supply voltage waveform, ambient room air temperature, and
power measurement meter tolerances to provide for repeatable and
precise measurements of standby mode and off mode power consumption;
and section 5 of IEC Standard 62301 clarifies the measurement of
standby mode for units with a short-duration higher power state before
a lower power state, and provides methods for measuring standby mode
and off mode power when the power measurement is stable and unstable
(i.e., varies over a representative cycle). Id. Thus, DOE proposed
incorporating the same clauses from IEC Standard 62301 for measuring
both standby mode and off mode power consumption.
DOE also stated in the October 2008 TP NOPR that it believes that
the proposed amendments to the microwave oven test procedure would
provide a uniform and widely accepted test method for measuring standby
mode and off mode power consumption. DOE also believes that the
proposed amendments to the microwave oven test procedure would provide
a method to measure the standby energy use of not just the clock
display, but all microwave oven components, such as control electronics
and power supply losses. Id.
Finally, DOE recognized that the IEC is developing an updated test
procedure (IEC Standard 62301 Second Edition). As discussed above, DOE
proposed microwave oven test procedure amendments using IEC Standard
62301 First Edition 73 FR 62314, 62140-41 (Oct. 17, 2008). DOE also
stated in the October 2008 TP NOPR that the IEC projected publication
of the new test procedure in July 2009. DOE now understands that the
revised IEC test procedure is not expected to be published until late
2010. For purposes of the EPCA requirement to consider the most current
version of IEC Standard 62301, therefore, DOE considered IEC Standard
62301 First Edition for the October 2008 NOPR and this SNOPR. (42 USC
6295(gg)(20(A).
AHAM supports the inclusion of Section 4 and Section 5 from IEC
Standard 62301 into the measurement of standby power. (AHAM, Public
Meeting Transcript, No. 7 at pp. 52-53), but commented that DOE does
not specify how the microwave oven should be set up during testing.
AHAM also noted that DOE references IEC Standard 62301 Paragraph 5.1
``General'' and Paragraph 5.3 ``Procedure,'' but neglects to reference
Paragraph 5.2 ``Preparation of Appliance or Equipment.'' AHAM asserted
that this step is crucial to a robust procedure, and that DOE should
accept the clarification from IEC Standard 62301, Section 5.2 that
``[t]he appliance shall be tested at factory or `default' settings.
Where there are no indications for such settings, the appliance shall
be tested as supplied.'' (AHAM, No. 8 at p. 3) The Joint Comment
supported this recommendation. (Joint Comment, No. 11 at p. 4) GE also
deemed the October 2008 TP NOPR unclear on how the unit should be set
up for the standby measurement, and reinforced the importance of
harmonizing with IEC Standard 62301. (GE, No. 9 at p. 3)
DOE agrees that incorporating paragraph 5.2, ``Selection and
preparation of appliance or equipment,'' of IEC Standard 62301 provides
clarification to the installation requirements for standby mode and off
mode energy consumption testing. DOE also agrees that paragraph 5.2 of
IEC Standard 62301 provides additional guidance regarding
specifications for test setup that would result in a measure of standby
and off mode energy consumption that best replicates actual consumer
usage. For these reasons, DOE proposes in today's SNOPR to incorporate
by reference paragraph 5.2 of IEC Standard 62301.
PR China underscored the importance of taking into account the
accuracy of the equipment providing electrical supply for testing;
pointing out that IEC Standard 62301 has a provision that the
electrical supply should be 120 volts (V) 1 percent and 60
Hertz (Hz) 1 percent. PR China also noted that, according
to Article 2.4 of the World Trade Organization/Technical Barriers to
Trade Agreement (WTO/TBT Agreement),\9\ members should use existing
technical regulations and international standards as a basis for their
technical regulations. PR China recommended that DOE adopt the same
requirements as those in IEC Standard 62301 or provide reasonable
scientific basis for having different requirements. (PR China, No. 12
at p. 3)
---------------------------------------------------------------------------
\9\ For more information on this agreement, please visit: https://www.wto.org/english/tratop_e/tbt_e/tbtagr_e.htm.
---------------------------------------------------------------------------
DOE notes that section 4.3 of IEC Standard 62301 specifies the
electrical supply requirements, stating that ``where this standard is
referenced by an external standard or regulation that specifies a test
voltage and frequency, the test voltage and frequency so defined. Where
the test voltage and frequency are not defined by an external standard,
the test voltage and test frequency shall be * * *'' 115 V
1 percent and 60 Hz 1 percent for North America. In
addition, section 4.3 of IEC Standard 62301 specifies that some single
phase voltages can be double the nominal voltage specified for that
region, which would result in a voltage requirement of 230V 1 percent for North America. DOE believes that the accuracy of
the electrical supply, including voltage and frequency, specified in
IEC Standard 62301 are generally recognized as suitable for producing
robust standby and off mode power measurements in microwave ovens.
However, DOE conducted a product literature review to analyze the
electrical supply requirements for microwave ovens available on the
U.S. market and determined that all microwave ovens specify a rated
voltage of 120V or 240V (for a small number of combination microwave
ovens) and a frequency of 60 Hertz (Hz). For this reason, DOE proposes
in today's SNOPR to specify electrical supply requirements of 120/240 V
1 percent
[[Page 42620]]
and 60 Hz 1 percent in section 2.2.1 of the DOE microwave
oven test procedure. As noted in section 4.3 of IEC Standard 62301, the
proposed voltage requirement of 120/240 V for standby and off mode
testing would supersede the requirement of 115/230 V specified in IEC
Standard 62301.
As discussed above in section III.A, because DOE has tentatively
concluded that the operation in standby and off mode is the same for
microwave-only units, microwave ovens with thermal elements only, and
combination microwave ovens, DOE is proposing that the same test
procedure amendments for standby and off mode testing discussed in this
section be used for all of these product types.
E. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''
DOE proposed using the EPCA definitions of ``active mode,''
``standby mode,'' and ``off mode'' in the October 2008 TP NOPR. EPCA
defines ``standby mode'' as the condition in which an energy-using
product is connected to a main power source and offers one or more of
the following user-oriented or protective functions: A remote switch
(including remote control), internal sensor, or timer to facilitate the
activation or deactivation of other functions (including active mode;
and continuous functions, including information or status displays
(including clocks) or sensor-based functions. (42 U.S.C.
6295(gg)(1)(A)(iii))
EPCA defines ``off mode'' as the condition in which an energy-using
product is connected to a main power source and is not providing any
standby mode or active mode function. (42 U.S.C. 6295(gg)(1)(A)(ii))
EPCA defines ``active mode,'' which is referenced in the definition
of ``off mode,'' as the condition in which an energy-using product is
connected to a main power source, has been activated, and provides one
or more main functions. (42 U.S.C. 6295(gg)(1)(A)(i))
As discussed in the October 2008 TP NOPR, DOE considers ``main
functions'' for a microwave oven to be those operations in which the
magnetron and/or thermal element is energized for at least a portion of
the time for purposes of heating, cooking, and/or defrosting the load.
73 FR 62134, 62141 (Oct. 17, 2008). DOE noted that a microwave oven
with a continously energized display or cooking sensor, or a microwave
oven that automatically powers down certain energy-consuming components
after a cooking cycle and waits to detect an event to trigger re-
energization of these components, would be considered capable of
operation in standby mode but not off mode. DOE additionally noted that
if the microwave oven is equipped with a manual power on/off switch,
which completely cuts off power to the appliance (i.e., removes or
interrupts all connections to the main power source, in the same manner
as unplugging the appliance), the microwave oven would not be in the
``off mode'' when the switch is in the ``off'' position. Id.
AHAM and Whirlpool both stated that DOE's incorporation of the EISA
2007 standby and off mode definitions into the proposed microwave oven
test procedure does not acknowledge the substantial effort and progress
made by the IEC in clarifying these definitions during the past year.
AHAM affirmed that IEC Standard 62301 CD2, even in draft form, should
be included in this rulemaking to ensure that international consistency
in standards and testing is obtained to the greatest extent practical.
AHAM further stated that DOE can clarify the EISA 2007 language using
IEC Standard 62301 CD2, which would result in a stronger, more
consistent test procedure. (AHAM, No. 8 at p. 2; Whirlpool, No. 10 at
p. 2) Whirlpool noted that EISA 2007 (Section 310 (gg)(1)(B)) allows
the Secretary to amend the definitions of standby mode and off mode,
taking into account revisions to IEC Standard 62301, and suggested DOE
adopt IEC Standard 62301 CD2, along with the definitions and examples
proposed by AHAM and Whirlpool, as discussed in section III.E.
(Whirlpool, No. 10 at pp. 2-3) EJ disputed DOE's assumption that it
cannot consider any pending amendments to IEC Standard 62301. (EJ,
Public Meeting Transcript, No. 7 at p. 80) PG&E supports harmonization
with international standards because of the international markets for
these products. (PG&E, Public Meeting Transcript, No. 26 at p. 35) PR
China suggested DOE amend its testing measures in accordance with IEC
Standard 62301 or provide reasonable scientific basis for not doing so,
noting that this is in accordance with Article 2.4 of the TWO/TBT
Agreement. PR China suggested the U.S. government further harmonize
standards in order to facilitate international trade. (PR China, No. 12
at p. 4)
AHAM commented that IEC Standard 62301 CD2 modernizes and clarifies
the definitions for each mode, and proposed that DOE consider
incorporating this language, or the clarifications AHAM provided in its
submitted comments, into the DOE microwave oven test procedure (AHAM,
No. 8 at pp. 2, 4, 5-6) Whirlpool supported the mode definitions and
clarifying examples developed by AHAM members. (Whirlpool, No. 10 at
pp. 2-3) AHAM stated that the industry's premise for this proposal is
harmonization with the international community--in particular, Europe--
on standby power standards. AHAM stated that its proposal utilizes
elements of IEC Standard 62301 CD2 and the European directive published
in June 2008 and provides clarification to EISA 2007 requirements for
microwave ovens. (AHAM, No. 8 at p. 2) AHAM's proposed definitions
include:
Off Mode
Off mode describes the status of an appliance when it is connected
to the main electricity supply and is not providing any function. Off
mode may persist for an indefinite period of time.
Off Mode includes:
1. LED or some other indication of off mode condition;
2. Electric noise reduction capacitor, choke or filter;
3. The state where a one-way remote control device will turn the
product off, but cannot be used to activate the product;
4. Leakage current will occur in some appliances, and may include
voltage and current flow in 208/230 volt appliances where only one leg
of the line is isolated by the switch;
5. May include electrical energy flow to a primary transformer of
some electronics units.
Standby Mode
Standby mode describes the status of an appliance when it is
connected to the mains electricity supply and is not performing its
primary function, but is providing a consumer or protective function as
defined by the manufacturer's instructions. Standby mode for an
appliance is the power (wattage) consumed after it has been
automatically or manually placed in Standby mode and allowed to
stabilize. Standby mode may persist for an indefinite period of time.
Standby mode may allow activation of other modes by local or remote
switch.
Standby Mode includes continuous subsidiary functions such as:
1. Continuous time of day displays at the lowest power state
selectable by the user;
2. Power required to perform two-way consumer convenience remote
control operation;
3. Sensor maintenance power (keeping sensors warm) at the lowest
power state selectable by the user;
4. Low voltage power supplies for controls, switches, memories and
clocks.
Active Mode
Active mode describes the state of an appliance when it is
connected to the main electricity supply and is providing
[[Page 42621]]
one or more of the primary functions required of it by the consumer in
accordance with the manufacturer's instructions. Active mo
