Energy Conservation Program: Test Procedures for Microwave Ovens, 4015-4026 [2013-00917]
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Rules and Regulations
Federal Register
Vol. 78, No. 13
Friday, January 18, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE–2008–BT–TP–0011]
RIN 1904–AB78
Energy Conservation Program: Test
Procedures for Microwave Ovens
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
On November 23, 2011, the
U.S. Department of Energy (DOE) issued
a supplemental notice of proposed
rulemaking (SNOPR) to amend the test
procedures for microwave ovens. That
SNOPR proposed amendments to the
DOE test procedure to incorporate
provisions from the International
Electrotechnical Commission (IEC)
Standard 62301, ‘‘Household electrical
appliances—Measurement of standby
power,’’ Edition 2.0 2011–01 (IEC
Standard 62301 (Second Edition)). DOE
published a second SNOPR on May 16,
2012, proposing additional provisions
for measuring the standby mode and off
mode energy use of products that
combine a microwave oven with other
appliance functionality, as well as
minor technical clarifications. Those
proposed rulemakings serve as the basis
for today’s action. DOE is issuing a final
rule amending the DOE test procedure
to incorporate by reference the proposed
provisions from IEC Standard 62301
(Second Edition) and the technical
clarifications. DOE is not amending the
test procedure at this time to measure
the energy consumption of products that
combine microwave ovens with other
appliance functionality, but may
consider such amendments in a future
rulemaking.
DATES: The effective date of this rule is
February 19, 2013. The final rule
changes will be mandatory for
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SUMMARY:
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representations of the energy efficiency
of microwave ovens starting July 17,
2013.
The incorporation by reference of a
publication listed in this rule was
approved by the Director of the Federal
Register on December 17, 2012.
ADDRESSES: The docket is available for
review at regulations.gov, including
Federal Register notices, framework
documents, public meeting attendee
lists and transcripts, comments, and
other supporting documents/materials.
All documents in the docket are listed
in the regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
A link to the docket web page can be
found at: https://www.regulations.gov/#
!docketDetail;dct=FR%252BPR%
252BN%252BO%252BSR;rpp=25;po=0;
D=EERE-2008-BT-TP-0011. This web
page will contain a link to the docket for
this notice on the regulations.gov site.
The regulations.gov Web page will
contain simple instructions on how to
access all documents, including public
comments, in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Mr. Ari Altman, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC, 20585–0121.
Telephone: (202) 287–6307. Email:
ari.altman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Final Rule
III. Discussion
A. Products Covered by This Test
Procedure Rulemaking
B. Effective Date for the Test Procedure and
Date on Which Use of the Test Procedure
Will Be Required
C. Incorporation of IEC Standard 62301
(Second Edition)
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D. Definitions of ‘‘Active Mode,’’ ‘‘Standby
Mode,’’ and ‘‘Off Mode’’
E. Specifications for the Test Methods and
Measurements for Microwave Oven
Standby Mode and Off Mode Testing
F. Technical Clarifications
G. Compliance With Other EPCA
Requirements
1. Test Burden
2. Certification Requirements
IV. Procedural Issues and Regulatory Review
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 Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Approval of the Office of the Secretary
I. Authority and Background
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. (All
references to EPCA refer to the statute
as amended through the Energy
Independence and Security Act of 2007
(EISA 2007), Public Law 110–140 (Dec.
19, 2007)). Part B of title III, which for
editorial reasons was redesignated as
Part A upon incorporation into the U.S.
Code (42 U.S.C. 6291–6309), establishes
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles.’’ These include
microwave ovens, the subject of today’s
notice. (42 U.S.C. 6291(1)–(2) and
6292(a)(10))
Under EPCA, this program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. The testing
requirements consist of test procedures
that manufacturers of covered products
must use (1) as the basis for certifying
to DOE that their products comply with
the applicable energy conservation
standards adopted under EPCA, and (2)
for making representations about the
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efficiency of those products. Similarly,
DOE must use these test requirements to
determine whether the products comply
with any relevant standards
promulgated under EPCA.
the enactment of EISA 2007, the most
current versions of these standards were
IEC Standard 62301 (First Edition 2005–
06) and IEC Standard 62087 (Second
Edition 2008–09).
General Test Procedure Rulemaking
Process
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA provides that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results which measure
energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
shall not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish proposed test
procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to
amend a test procedure, DOE must
determine to what extent, if any, the
proposed test procedure would alter the
measured energy efficiency of any
covered product as determined under
the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the
amended test procedure would alter the
measured efficiency of a covered
product, DOE must amend the
applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
EISA 2007 amended EPCA to require
DOE to amend its test procedures for all
covered products to integrate measures
of standby mode and off mode energy
consumption into the overall energy
efficiency, energy consumption, or other
energy descriptor, unless the current
test procedure already incorporates the
standby mode and off mode energy
consumption, or if such integration is
technically infeasible. If an integrated
test procedure is technically infeasible,
DOE must prescribe a separate standby
mode and off mode energy use test
procedure for the covered product, if a
separate test is technically feasible. (42
U.S.C. 6295(gg)(2)(A)) Any such
amendment must consider the most
current versions of IEC Standard 62301,
‘‘Household electrical appliances—
Measurement of standby power,’’ and
IEC Standard 62087, ‘‘Methods of
measurement for the power
consumption of audio, video, and
related equipment.’’ 1 Id. At the time of
DOE Microwave Oven Test Procedure
DOE’s test procedure for microwave
ovens is codified at appendix I to
subpart B of Title 10 of the Code of
Federal Regulations (CFR). The test
procedure was established in an October
3, 1997 final rule that addressed active
mode energy use only. 62 FR 51976.
To address standby mode and off
mode energy use, DOE published a
notice of proposed rulemaking (NOPR)
on October 17, 2008 (hereafter referred
to as the October 2008 TP NOPR), in
which it proposed incorporating
provisions from IEC Standard 62301
(First Edition) into the DOE active mode
test procedure, as well as language to
clarify application of these provisions
for measuring standby mode and off
mode power in microwave ovens. 73 FR
62134. DOE held a public meeting on
November 14, 2008, 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) (or
‘‘Second Edition’’), which was in the
process of being drafted.
EPCA requires DOE to consider the
most recent version of IEC Standard
62301. (42 U.S.C. 6295(gg)(2)(A)) 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. DOE anticipated, based on
review of drafts of the updated IEC
Standard 62301, that the revisions could
include different mode definitions. The
revised version was expected in July
2009. IEC Standard 62301 (Second
Edition) was not published, however,
until January 27, 2011.
In order to ensure that DOE could
establish test procedures for standby
mode and off mode by March 31, 2011,
as required by the EISA 2007
amendments to EPCA, DOE published
an SNOPR on July 22, 2010 (hereafter
1 EISA 2007 directs DOE to also consider IEC
Standard 62087 when amending its test procedures
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to include standby mode and off mode energy
consumption. See 42 U.S.C. 6295(gg)(2)(A).
However, IEC Standard 62087 addresses the
methods of measuring the power consumption of
audio, video, and related equipment. Accordingly,
the narrow scope of this particular IEC standard
reduces its relevance to today’s final rule.
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referred to as the July 2010 TP SNOPR)
proposing mode definitions based on
those in the then current draft version
of IEC Standard 62301 (Second Edition),
designated as IEC Standard 62301
Second Edition, Committee Draft for
Vote (IEC Standard 62301 (CDV)). 75 FR
42612, 42620–23 (July 22, 2010). DOE
stated that it believed that those most
recent mode definitions represented the
best definitions available for the
analysis in support of this rulemaking.
75 FR 42612, 42621. DOE held a public
meeting on September 16, 2010, to hear
oral comments on and solicit
information relevant to the July 2010 TP
SNOPR. Interested parties remarked
upon, among other things, covered
products, incorporation of IEC Standard
62301 (First Edition), mode definitions,
and testing procedures. On October 29,
2010, the IEC released a finalized draft
version of IEC Standard 62301 (Second
Edition), IEC Standard 62301 (FDIS).
On March 9, 2011, DOE published an
interim final rule (hereafter referred to
as the March 2011 Interim Final Rule)
amending the test procedures for
microwave ovens. 76 FR 12825. The
March 2011 Interim Final Rule
incorporated by reference specific
clauses from IEC Standard 62301 (First
Edition) regarding test conditions and
testing procedures for measuring the
average standby mode and average off
mode power consumption into the
microwave oven test procedure. DOE
also incorporated into the microwave
oven test procedure definitions of
‘‘active mode,’’ ‘‘standby mode,’’ and
‘‘off mode’’ based on the definitions
provided in IEC Standard 62301 (FDIS).
DOE further adopted language to clarify
the application of clauses from IEC
Standard 62301 (First Edition) for
measuring standby mode and off mode
power in the March 2011 Interim Final
rule. Specifically, DOE defined 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. 76 FR 12825,
12828.
The amendments adopted in the
March 2011 Interim Final Rule became
effective on April 8, 2011. However,
DOE noted that in order to ensure that
the amended test procedure adequately
addresses the EISA 2007 requirement to
consider the most recent version of IEC
Standard 62301, and recognizing that
the IEC issued IEC Standard 62301
(Second Edition) in January of 2011,
DOE issued the microwave oven test
procedure as an interim final rule and
offered an additional 180-day comment
period to consider whether any changes
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should be made to the interim final rule
in light of publication of IEC Standard
62301 (Second Edition). DOE stated that
it would consider these comments and,
to the extent necessary, publish a final
rulemaking incorporating any changes.
76 FR 12825, 12830–31. In response to
the March 2011 Interim Final Rule,
interested parties commented that,
among other things, DOE should
incorporate by reference IEC Standard
62301 (Second Edition) for optimal
international harmonization, to give
clarity and consistency to the regulated
community and to decrease the testing
burden.
Based upon the public comment, DOE
decided to further analyze IEC Standard
62301 (Second Edition). DOE reviewed
this latest version of the IEC standard
and believes that it improves some
measurements of standby mode and off
mode energy use. Accordingly, DOE
published a second SNOPR on
November 23, 2011 (hereafter referred to
as the November 2011 TP SNOPR),
proposing to incorporate certain
provisions of IEC Standard 62301
(Second Edition), along with clarifying
language, into the DOE test procedures
for microwave ovens adopted in the
March 2011 Interim Final Rule. In
addition, DOE proposed in the
November 2011 TP SNOPR to make
minor editorial changes in 10 CFR part
430, subpart B, appendix I, section
2.2.1.1 to aid the reader by presenting
the electrical supply voltages
consistently for microwave ovens and
conventional cooking products, and also
in section 1.12 to clarify the alternative
use of metric units for various
measurements and calculations in the
conventional cooking products test
procedure. 76 FR 72331 (Nov. 23, 2011).
In the course of reviewing comments
on the November 2011 TP SNOPR, DOE
determined that an additional SNOPR
would be necessary before moving to a
final rule. DOE subsequently published
the additional SNOPR on May 16, 2012
(hereafter referred to as the May 2012
TP SNOPR), to address comments
received on the November 2011 TP
SNOPR regarding coverage of additional
microwave oven product types in the
DOE test procedure, and in particular,
products combining a microwave oven
with other appliance functionality. 77
FR 28805. Comments on this topic and
other topics received in response to both
the November 2011 TP SNOPR and the
May 2012 TP SNOPR are addressed in
today’s final rule.
With respect to today’s rulemaking, as
noted above, EPCA requires that DOE
determine whether a test procedure
amendment would alter the measured
efficiency of a product, thereby
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requiring adjustment of existing
standards. (42 U.S.C. 6293(e)) Because
there are currently no Federal energy
conservation standards for microwave
ovens (including standards for energy
use in the standby and off modes), no
determination is needed under these
circumstances. DOE is conducting a
concurrent rulemaking process to
consider standby and off mode energy
conservation standards and will utilize
the DOE test procedure as amended by
today’s final rule in developing those
standard levels.
Today’s rule also fulfills DOE’s
obligation to periodically review its test
procedures under 42 U.S.C.
6293(b)(1)(A). DOE anticipates that its
next evaluation of this test procedure
will occur in a manner consistent with
the timeline set out in this provision.
II. Summary of the Final Rule
The final rule amends the current
DOE test procedures for microwave
ovens to incorporate by reference
certain provisions of IEC Standard
62301 (Second Edition) for measuring
standby mode and off mode energy use.
As noted in section I of today’s final
rule, the use of this internationally
recognized standard will optimize
harmonization for manufacturers, will
give clarity and consistency in the test
conduct, and will decrease the testing
burden. The current procedures are also
being amended to clarify testing
requirements for supply voltage and
alternative metric units.
In addition, in today’s final rule DOE
confirms that the microwave oven
portion of a combined product is
covered under the definition of
‘‘microwave oven’’ at 10 CFR 430.2, and
is adding and clarifying definitions of
certain combined products which
incorporate microwave ovens and
conventional cooking products. Due to a
lack of data and information at this
time, however, DOE is not amending its
test procedures in this rule to measure
standby mode and off mode energy use
for the microwave portion of combined
products. DOE may choose to initiate a
separate rulemaking at a later date that
would address standby and off mode
energy use of combined products.
III. Discussion
A. Products Covered by This Test
Procedure Rulemaking
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
March 2011 Interim Final Rule, DOE
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determined that this regulatory
definition includes all ovens equipped
with microwave capability, including
convection microwave ovens (i.e.,
microwave ovens that incorporate
convection features and possibly other
means of cooking) because they are
capable of cooking or heating food by
means of microwave energy. 76 FR
12825, 12828–30 (March 9, 2011). In the
March 2011 Interim Final Rule, DOE
referred to such a product as a
‘‘combination oven’’.
In the May 2012 TP SNOPR, DOE
proposed that the regulatory definition
of microwave oven also includes all
products that combine a microwave
oven with other appliance functionality.
To aid in distinguishing such other
‘‘combined products’’ from the type of
microwave oven that incorporates
convection features and any other
means of cooking, DOE proposed in the
May 2012 TP SNOPR to use the term
‘‘convection microwave oven’’ to more
accurately describe the latter, and to
provide a definition of convection
microwave oven in 10 CFR 430.2. In this
definition, DOE would clarify that the
microwave capability, convection
features, and any other cooking means
are incorporated in a single cavity. 77
FR 28805, 28808 (May 16, 2012).
DOE further proposed in the May
2012 TP SNOPR that all products that
combine a microwave oven with other
appliance functionality would be
considered covered products, including
microwave/conventional ranges,
microwave/conventional ovens,
microwave/conventional cooking tops,
and other combined products such as
microwave/refrigerator-freezer/charging
stations. Regarding microwave/
conventional ranges, DOE clarified that
an appliance need not be free-standing
to be covered as a microwave/
conventional range. 77 FR 28805,
28808–09 (May 16, 2012). DOE,
therefore, proposed in the May 2012 TP
SNOPR to add a definition of
‘‘microwave/conventional cooking top’’
in 10 CFR 430.2 to state that it is a class
of kitchen ranges and ovens that is a
household cooking appliance consisting
of a microwave oven and a conventional
cooking top. Similarly, DOE proposed in
the May 2012 TP SNOPR to add a
definition in 10 CFR 430.2 of a
‘‘microwave/conventional oven’’ as a
class of kitchen ranges and ovens which
is a household cooking appliance
consisting of a microwave oven and a
conventional oven in separate
compartments. DOE also proposed to
clarify in the definition of microwave/
conventional range that the microwave
oven and conventional oven are
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incorporated as separate compartments.
77 FR 28805, 28809–10 (May 16, 2012).
Because each of those combined
products described previously contains
a microwave oven as one of its
functional components, DOE proposed
that the microwave oven component of
these products would meet the statutory
requirements as a covered product for
the purposes of measuring standby
mode and off mode energy use under
EPCA. (42 U.S.C. 6295(gg)(2)(B)(vi))
DOE stated that it does not believe that
the presence of additional appliance
functionality would eliminate the
statutory requirement to evaluate
standby mode and off mode energy use
in the microwave oven component. DOE
also tentatively concluded in the May
2012 TP SNOPR that the test procedure
should only measure the standby mode
and off mode energy use associated with
the microwave oven portion of
combined products, and for that reason
the proposed amendments do not
require any determination as to which
appliance function of a combined
product with a microwave oven
component represents the primary usage
of the product. 77 FR 28805, 28809–10
(May 16, 2012).
Whirlpool Corporation (Whirlpool)
commented in response to the May 2012
TP SNOPR that combined products
should not be covered. Whirlpool noted
that it produces a microwave/
conventional oven in which both
cavities are controlled by a single
control panel. Whirlpool believes that
this product should be regulated
according to the primary use of the
product, based on total energy
consumption, which in this case would
be as a conventional oven since their
research indicates that the microwave
oven cavity uses one-tenth of the energy
annually that the conventional oven
cavity does. (Whirlpool, No. 33 at p. 1;
Whirlpool, No. 41 at pp. 1–2) The
Association of Home Appliance
Manufacturers (AHAM) also commented
that the primary use of a combined
product should determine how the
product is regulated, whether that be as
a conventional cooking product or a
microwave oven. AHAM also stated that
both free-standing and built-in ranges
that provide microwave oven capability
in one compartment and a conventional
oven in a separate compartment should
not be considered covered products. As
a clarification, AHAM proposed that
DOE define ‘‘combination oven’’ as ‘‘a
microwave oven that incorporates
means of cooking other than microwave
energy, and does not mean free-standing
or built-in conventional cooking tops,
conventional ovens, or conventional
ranges that include microwave ovens in
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separate cavities.’’ (AHAM, No. 40 at
pp. 2–3)
DOE maintains its determination from
the May 2012 TP SNOPR that the
microwave oven component is subject
to the statutory requirement for
measuring standby mode and off mode
energy use, and that the added
conventional oven functionality,
regardless of its annual energy
consumption, does not exempt the
microwave oven component from this
requirement. Therefore, DOE determines
for today’s final rule that all products
that incorporate microwave ovens with
additional appliance functionality are
covered products under the microwave
oven regulatory definition, but DOE is
declining to adopt a test procedure for
such products at this time due to a lack
of information. DOE also adopts in
today’s final rule regulatory definitions
of several specific product types that
incorporate microwave and
conventional cooking functionality,
either within a single cavity or in
separate cavities, to aid manufacturers
in determining which products are the
subject of the provisions adopted in
today’s final rule. These definitions
include the definition of ‘‘convection
microwave oven’’ in place of the term
‘‘combination oven’’, for those products
that incorporate microwave and
conventional cooking functionality in a
single cavity. In sum, today’s final rule
adds the following definitions to 10 CFR
430.2:
• Convection microwave oven means
a microwave oven that incorporates
convection features and any other
means of cooking in a single
compartment.
• Microwave/conventional cooking
top means a class of kitchen ranges and
ovens that is a household cooking
appliance consisting of a microwave
oven and a conventional cooking top.
• Microwave/conventional oven
means a class of kitchen ranges and
ovens that is a household cooking
appliance consisting of a microwave
oven and a conventional oven in
separate compartments.
In addition, DOE amends the
definition of ‘‘microwave/conventional
range’’ in 10 CFR 430.2 as a class of
kitchen ranges and ovens that is a
household cooking appliance consisting
of a microwave oven and a conventional
oven in separate compartments and a
conventional cooking top. DOE also
amends the definition of ‘‘microwave
oven’’ to include the use of the term
‘‘convection microwave oven’’ in place
of ‘‘combination oven.’’
AHAM commented that DOE
proposed to cover all products that
combine microwave oven and other
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appliance functionality, but did not
propose definitions for all of the
possible combined products. According
to AHAM, such an approach results in
uncertainty about coverage for products
that are manufactured as microwave
ovens only, but later added to other
appliances to create a combined
product. AHAM noted that this
integration may occur when the
microwave oven is no longer in the
manufacturer’s control. Therefore,
AHAM believes that DOE should not
cover combined products. Should it do
so, AHAM stated that a microwave oven
should be classified according to its
configuration as produced by the
manufacturer, since a manufacturer
would have no way of knowing how a
stand-alone microwave oven may be
later integrated into a combined
product. (AHAM, No. 40 at p. 3)
DOE has determined that while
combined products are covered
products under the statute, it will not be
promulgating a test procedure for such
products at this time, due to a lack of
sufficient data. DOE will clarify its
position on this issue at the time of any
future rulemaking regarding combined
products.
B. Effective Date for the Test Procedure
and Date on Which Use of the Test
Procedure Will be Required
The effective date of the standby and
off mode test procedures for microwave
ovens is February 19, 2013. DOE’s
amended test procedure regulations
codified in 10 CFR part 430, subpart B,
appendix I clarify, though, that the
procedures and calculations adopted in
today’s final rule need not be performed
to determine compliance with energy
conservation standards until
compliance with any final rule
establishing amended energy
conservation standards for microwave
ovens in standby mode and off mode is
required. However, as of July 17, 2013,
any representations as to the standby
mode and off mode energy consumption
of the products that are the subject of
this rulemaking must be based upon
results generated under the applicable
provisions of this amended test
procedure. (42 U.S.C. 6293(c)(2)) In the
period between February 19, 2013 and
July 17, 2013, any representations as to
the standby mode and off mode energy
consumption of the products that are
the subject of this rulemaking may be
based upon results generated under the
applicable provisions of either this
amended test procedure or the previous
test procedure, published at 10 CFR part
430, subpart B, Appendix I as contained
in the 10 CFR parts 200 to 499 edition
revised as of January 1, 2012.
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The Republic of Korea (Korea) stated
that if DOE adopted its proposals from
the May 2012 TP SNOPR, manufacturers
would require approximately 6 months
for product development and another 6
months to demonstrate compliance with
energy conservation standards and
safety requirements. Therefore, Korea
requested a compliance date at least a
year after publication of the test
procedure final rule. (Korea, No. 42, at
p. 1) As noted above, use of the
amended test procedure established in
today’s final rule will not be required to
demonstrate compliance until the
compliance date of any final rule
establishing amended microwave oven
energy conservation standards. DOE is
conducting such a standards rulemaking
concurrently with this test procedure
rulemaking, and expects that the
compliance date of any amended
standards will be later than 1 year after
the publication of today’s final rule.
emcdonald on DSK67QTVN1PROD with
C. Incorporation of IEC Standard 62301
(Second Edition)
As discussed in section I of today’s
final rule, EPCA, as amended by EISA
2007, requires that test procedures be
amended to include standby mode and
off mode energy consumption, taking
into consideration the most current
versions of IEC Standards 62301 and
62087. (42 U.S.C. 6295(gg)(2)(A)) DOE
adopted certain provisions from IEC
Standard 62301 (First Edition) regarding
test conditions and testing procedures
for measuring the average standby mode
and average off mode power
consumption in the microwave oven
test procedure in the March 2011
Interim Final Rule. DOE also
incorporated into the microwave oven
test procedure definitions of ‘‘active
mode,’’ ‘‘standby mode,’’ and ‘‘off
mode’’ based on the definitions
provided in IEC Standard 62301 (FDIS),
along with clarifying language for
clauses incorporated by reference in the
March 2011 Interim Final Rule from IEC
Standard 62301 (First Edition).
Specifically, these provisions measure
power consumption of microwave ovens
in the case that the measured power is
not stable (i.e., varies over a cycle),
based on displayed clock time, and DOE
defined the test duration in this case. 76
FR 12825, 12828 (Mar. 9, 2011).
Based upon the public comment
received on the March 2011 Interim
Final Rule, DOE published the
November 2011 TP SNOPR, proposing
to update its reference to IEC Standard
62301 by incorporating certain
provisions of IEC Standard 62301
(Second Edition), along with clarifying
language, into the DOE test procedures
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for microwave ovens adopted in the
March 2011 Interim Final Rule.
AHAM and Whirlpool support the
incorporation by reference of IEC
Standard 62301 (Second Edition) in the
microwave oven test procedure.
(AHAM, No. 40 at p. 1; Whirlpool, No.
33 at p. 1) AHAM stated that the use of
the Second Edition would allow for
optimum international harmonization,
provide clarity and consistency to
manufacturers, and decrease test
burden. (AHAM, No. 40 at p. 4)
The suitability of specific clauses
from IEC Standard 62301 (Second
Edition) regarding testing conditions
and methodology for use in DOE’s
microwave oven test procedure are
discussed in the following paragraphs.
Section 4, paragraph 4.4 of the Second
Edition revises the power measurement
accuracy provisions of the First Edition.
A more comprehensive specification of
required accuracy is provided in the
Second Edition, which depends upon
the characteristics of the power being
measured. Testers using the Second
Edition are required to measure the crest
factor and power factor of the input
power, and to calculate a maximum
current ratio (MCR) (paragraph 4.4.1 of
the Second Edition). The Second
Edition then specifies calculations to
determine the maximum permitted
uncertainty in MCR. DOE noted in the
November 2011 TP SNOPR, however,
that the permitted uncertainty is the
same or less stringent than the
uncertainty specified in the First
Edition, depending on the value of MCR
and the power level being measured.
DOE determined, however, that this
change in the permitted uncertainty
maintains sufficient accuracy of
measurements under a full range of
possible measured power levels without
placing undue demands on the
instrumentation. These power
measurement accuracy requirements
were based upon detailed technical
submissions to the IEC in the
development of IEC Standard 62301
(FDIS), which showed that commonlyused power measurement instruments
were unable to meet the original
requirements for certain types of loads.
Therefore, DOE concluded in the
November 2011 TP SNOPR that the
incremental testing burden associated
with the additional measurements and
calculations is offset by the more
reasonable requirements for testing
equipment, while maintaining
measurement accuracy deemed
acceptable and practical by voting
members for IEC Standard 62301
(Second Edition). For these reasons,
DOE proposed in the November 2011 TP
SNOPR to incorporate by reference in 10
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CFR part 430, subpart B, appendix I,
section 2.9.1.3 the power equipment
specifications in section 4, paragraph
4.4 of IEC Standard 62301 (Second
Edition). 76 FR 72332, 72339 (Nov. 23,
2011). DOE did not revise this proposal
for the May 2012 TP SNOPR, and did
not receive any comments on this topic
in response to either notice. In today’s
final rule, DOE adopts these
amendments to its microwave oven test
procedure.
In the November 2011 TP SNOPR,
DOE observed that section 5, paragraph
5.2 of IEC Standard 62301 (Second
Edition) maintains the installation and
setup procedures incorporated by
reference in the microwave oven test
procedure in the March 2011 Interim
Final Rule from the First Edition. These
provisions require that the appliance be
prepared and set up in accordance with
manufacturer’s instructions, and that if
no instructions are given, then the
factory or ‘‘default’’ settings shall be
used, or where there are no indications
for such settings, the appliance is tested
as supplied. Additionally, IEC Standard
62301 (Second Edition) adds certain
clarifications to the installation and
setup procedures in section 5, paragraph
5.2 of the First Edition regarding
products equipped with a battery
recharging circuit for an internal battery,
as well as instructions for testing each
relevant configuration option identified
in the product’s instructions for use.
DOE stated in the November 2011 TP
SNOPR that it is not aware of any
microwave oven with an internal
battery, or with a recharging circuit for
such a battery. DOE also determined
that a requirement to separately test
each configuration option could
substantially increase test burden and
potentially conflicts with the
requirement within the same section to
set up the product in accordance with
the instructions for use or, if no such
instructions are available, to use the
factory or ‘‘default’’ settings. Therefore,
DOE tentatively concluded in the
November 2011 TP SNOPR that the
portions of the installation instructions
in section 5, paragraph 5.2 of IEC
Standard 62301 (Second Edition)
pertaining to batteries and the
requirement for the determination,
classification, and testing of all modes
associated with every combination of
available product configuration options
(which may be more numerous than the
modes associated with operation at the
default settings) are not appropriate for
the microwave oven test procedures.
Accordingly, DOE proposed in the
November 2011 TP SNOPR qualifying
language in the test procedure
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amendments at 10 CFR part 430, subpart
B, appendix I, section 2.1.3 to disregard
those portions of the installation
instructions. Id. DOE maintained this
proposal for the May 2012 TP SNOPR.
No comments on this topic were
submitted to DOE, and for the reasons
discussed, DOE is amending the
microwave oven test procedure
accordingly in today’s final rule.
The Second Edition also contains
provisions for the power supply (section
4.3) and power-measuring instruments
(section 4.4). Paragraph 4.3.2 requires
that the value of the harmonic content
of the voltage supply be recorded during
the test and reported. As described
previously, paragraph 4.4.1 requires the
instrument to measure the crest factor
and maximum current ratio. Paragraph
4.4.3 requires the instrument to be
capable of measuring the average power
or integrated total energy consumption
over any operator-selected time interval.
In the November 2011 TP SNOPR, DOE
stated that it is aware of commercially
available power measurement
instruments that can perform each of
these required measurements
individually. However, DOE is also
aware that certain industry-standard
instruments, such as the Yokogawa
WT210/WT230 digital power meter and
possibly others, are unable to measure
harmonic content or crest factor while
measuring average power or total
integrated energy consumption. DOE
expressed concern that laboratories
currently using power-measuring
instruments without this capability
would be required to purchase, at
potentially significant expense,
additional power-measuring
instruments that are able to perform all
these measurements simultaneously.
Therefore, DOE proposed in the
November 2011 TP SNOPR for 10 CFR
part 430, subpart B, appendix I, sections
2.2.1.2 and 2.9.1.3 that if the powermeasuring instrument is unable to
perform these measurements during the
actual test measurement, it would be
acceptable to measure the total
harmonic content, crest factor, and
maximum current ratio immediately
before and immediately after the actual
test measurement to determine whether
the requirements for the power supply
and power measurement have been met.
76 FR 72332, 72339–40 (Nov. 23, 2011).
AHAM and Whirlpool support the
measurement of the total harmonic
content, crest factor, and maximum
current ratio before and after the actual
test measurement if the power
measuring instrument is unable to
perform these measurements during the
actual test. Whirlpool commented that
this provision would prevent
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manufacturers from being required to
purchase more comprehensive and
expensive test equipment. (AHAM, No.
40 at p. 4; Whirlpool, No. 33 at p. 2)
DOE agrees with these commenters, and
in today’s final rule amends the
microwave oven test procedure to
include such a provision in section
2.2.1.2 of appendix I.
The other major changes in the
Second Edition related to the
measurement of standby mode and off
mode power consumption in covered
products involve measurement
techniques and specification of the
stability criteria required to measure
that power. The Second Edition
contains more detailed techniques to
evaluate the stability of the power
consumption and to measure the power
consumption for loads with different
stability characteristics. According to
the Second Edition, the user is given a
choice of measurement procedures,
including sampling methods, average
reading methods, and a direct meter
reading method. For the November 2011
TP SNOPR, DOE evaluated these new
methods in terms of test burden and
improvement in results as compared to
those methods adopted in the March
2011 Interim Final Rule, which were
based on IEC Standard 62301 (First
Edition).
In the March 2011 Interim Final Rule,
DOE adopted provisions requiring that
microwave oven standby mode and off
mode power be measured using section
5, paragraph 5.3 of IEC Standard 62301
(First Edition). DOE also adopted
additional specific methodology for
microwave ovens in which power varies
as a function of the time displayed. In
particular, based on DOE’s testing, DOE
adopted a requirement for these
microwave ovens to set the display time
to 3:23 and allowing a 10-minute
stabilization period prior to a 10-minute
measurement period for the display
time of 3:33 to 3:42, based on the
average power approach of section 5,
paragraph 5.3.2(a) of IEC Standard
62301 (First Edition). DOE stated that
this method provides a valid measure of
standby energy use for those microwave
ovens with power consumption varying
according to the time displayed on the
clock. 76 FR 12825, 12838–40 (Mar. 9,
2011).
For the November 2011 TP SNOPR,
DOE analyzed the potential impacts of
referencing methodology from IEC
Standard 62301 (Second Edition) rather
than from the First Edition by
comparing the provisions allowed by
each under different scenarios of power
consumption stability. Based on its
analysis, DOE concluded that the use of
the Second Edition would improve the
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accuracy and representativeness of
power consumption measurements.
DOE also recognized industry’s
overwhelming support for the Second
Edition and the benefit of harmonizing
with international test standards to
reduce testing burden on manufacturers
that sell products internationally by not
requiring multiple test methods to be
conducted according to different testing
methods in different countries. In the
narrow case of microwave ovens with
power consumption that varies as a
function of the clock time displayed,
DOE proposed to maintain the
application of clauses from IEC
Standard 62301 (First Edition) for
measuring standby mode power
consumption during a 10-minute test
period that were adopted in the March
2011 Interim Final Rule. DOE
determined that, in this case, the use of
the Second Edition would cause
manufacturers to incur significant
burden that would not be warranted by
any potential improved accuracy of the
measurement. 76 FR 72332, 72340–42
(Nov. 23, 2011). DOE did not revise
these proposals regarding testing
methodology and the use of IEC
Standard 62301 in the May 2012 TP
SNOPR.
AHAM and Whirlpool agreed with the
existing methodology to measure
standby power for microwave ovens
with power consumption that varies as
a function of the time displayed over a
period of 10 minutes starting at a clock
time of 3:33. Whirlpool, however,
objected to a fixed stabilization period
of 10 minutes, starting at a clock time
of 3:23, prior to the start of the
measurement period. Whirlpool
commented that the time for the
controls to reach the lowest power
consumption state may be longer or
shorter than 10 minutes for a particular
microwave oven, and that
manufacturers should be allowed to
conduct the test by setting the clock
sufficiently far in advance to ensure that
the controls have stabilized by the start
of the measurement period. (Whirlpool,
No. 33 at p. 2) AHAM also stated that
some microwave ovens may have a
shorter stabilization period than 10
minutes, and for those products, the
current methodology would have a
higher test burden than an approach in
which the stabilization period is defined
as the number of minutes needed for the
microwave oven to return to its lowest
power consumption state. AHAM
objected to DOE’s assertion in the
November 2011 TP SNOPR that a
defined stabilization period would
encourage manufacturers to minimize
the duration of the stabilization period
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emcdonald on DSK67QTVN1PROD with
in their products. According to AHAM,
a fixed stabilization period would likely
lead to standardization of stabilization
periods, and since DOE did not observe
any current stabilization periods longer
than 10 minutes, manufacturers would
be encouraged to increase them up to
the maximum of 10 minutes. AHAM
agreed, however, that the current 10minute approach is less burdensome
than measuring standby power
consumption in this case using IEC
Standard 62301 (Second Edition).
AHAM further commented that setting
the clock time to 3:23 and allowing a 10minute stabilization period prior to the
10-minute test ensures that the test
procedure is repeatable and
reproducible, and minimizes test
burden by not requiring independent
test laboratories to determine the
number of minutes needed for the
microwave oven to reach its lowest
power consumption state. According to
AHAM, it is critical in the context of
increased enforcement that third-party
laboratories be able to conduct the test
procedure with as little lab-to-lab
variation as possible. AHAM, therefore,
supports DOE’s proposal to maintain the
10-minute measurement method
currently provided in the test
procedure. (AHAM, No. 40 at p. 5)
For the reasons discussed above, and
in consideration of the comments
received supporting the proposals, DOE
amends the microwave oven test
procedure in today’s final rule by
incorporating by reference the relevant
paragraphs of section 5.3 of IEC
Standard 62301 (Second Edition) in 10
CFR part 430, subpart B, appendix I,
sections 3.1.4.1 and 3.2.4. The
amendments require the use of the
sampling method in section 5.3.2 of the
Second Edition for standby mode and
off mode power measurements, except
in the case of microwave ovens with
power consumption that varies as a
function of the time displayed. DOE is
not amending the substance of the 10minute test method that is currently
provided for these products in the
microwave oven test procedure, which
reference provisions from IEC Standard
62301 (First Edition). Today’s final rule
also adopts necessary editorial changes
to appendix I to allow for the correct
referencing of the Second Edition,
including definitions and section
numbering.
D. Definitions of ‘‘Active Mode,’’
‘‘Standby Mode,’’ and ‘‘Off Mode’’
In the March 2011 Interim Final Rule,
DOE adopted a definition of ‘‘standby
mode’’ based on the definitions
provided in IEC Standard 62301 (FDIS),
as follows:
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• ‘‘Standby mode’’ is the condition in
which an energy-using product is
connected to a mains power source and
offers one or more of the following useroriented or protective functions which
may persist for an indefinite time:
• 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. 76 FR 12825, 12834 (Mar. 9,
2011).
DOE also adopted in its amendments
to the test procedure the clarification,
provided as a note accompanying the
definition of standby mode in IEC
Standard 62301 (FDIS), that a timer is a
continuous clock function (which may
or may not be associated with a display)
that provides regularly scheduled tasks
(e.g. switching) and that operates on a
continuous basis. Id.
DOE also adopted definitions of ‘‘off
mode’’ and ‘‘active mode’’ based on the
definitions provided in IEC Standard
62301 (FDIS), as follows:
• ‘‘Off mode’’ is the condition in
which an energy-using product 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.
An indicator that only shows the user
that the product is in the off position is
included within the classification of off
mode. Id.
• ‘‘Active mode(s)’’ is the condition
in which an energy-using product is
connected to a mains power source and
at least one primary function is
activated. Id.
In the November 2011 TP SNOPR,
DOE did not propose changing these
definitions in light of its proposal to
reference the updated version of IEC
Standard 62301, because these
definitions have the same functional
equivalence to those in both IEC
Standard 62301 (FDIS) and IEC
Standard 62301 (Second Edition). DOE
did, however, propose to make nonsubstantive editorial changes to clarify
for the reader the description of the
user-oriented or protective functions
associated with standby mode operation
in the definition of standby mode in 10
CFR part 430, subpart B, appendix I,
section 1.13. 76 FR 72332, 72343 (Nov.
23, 2011). DOE did not revise these
proposals for mode definitions in the
May 2012 TP SNOPR.
DOE did not receive any comments
regarding these proposals, and thus
amends the microwave oven test
procedure in today’s final rule to
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4021
provide those clarifications in the
definition of standby mode, which is
now included as section 1.17 in 10 CFR
part 430, subpart B, appendix I.
E. Specifications for the Test Methods
and Measurements for Microwave Oven
Standby Mode and Off Mode Testing
As discussed in section III.A, DOE has
determined that for products combining
a microwave oven with other appliance
functionality, the compartment
incorporating microwave cooking
capability would be considered to meet
the definition of a microwave oven at 10
CFR 430.2. As a result, DOE proposed
in the May 2012 TP SNOPR testing
procedures specifically for such
combined products. In particular, DOE
proposed that the standby mode and off
mode power for combined products be
measured according to the same
methodology proposed in the November
2011 TP SNOPR for microwave ovens;
i.e., according to the provisions
incorporated from IEC Standard 62301
(Second Edition), except in the case in
which standby mode power
consumption varies as a function of
displayed time. In that case, the standby
mode power would be measured for the
entire product according to the method
outlined in the November 2011 TP
SNOPR. To determine the standby mode
and off mode power associated with the
microwave oven portion only,
apportionment factors representing the
fractional contribution of the microwave
oven portion to the total standby mode
and off mode power consumption
would be multiplied by the overall
standby mode and off mode power
measurements. DOE further proposed
specific standby mode apportionment
factors for products that incorporate
microwave ovens and conventional
cooking products. The proposed
amendments would also allow a
manufacturer, upon submission of
suitable supporting information to DOE,
to use alternate apportionment values
for such combined products.
Manufacturers of combined products for
which specific apportionment values
were not provided in the test procedure
would also be required to submit
information as to the appropriate values
for their products. 77 FR 28805, 28810–
12 (May 16, 2012).
AHAM and Whirlpool objected to the
method of apportionment factors for
measuring standby mode and off mode
energy use for combined products,
stating that DOE’s analysis was based on
data derived from an insufficient sample
size and to regulate a combined product
on that basis would be arbitrary and
unreasonable. (AHAM, No. 40 at pp. 1–
2, 4; Whirlpool, No. 41 at pp. 1–2)
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Whirlpool also stated that the standby
power of a combined product cannot be
logically divided, and that off mode
power may apply to one functional
component of a combined product but
not the other. (Whirlpool, No. 41 at pp.
2–3) AHAM commented that, under the
apportionment approach, third-party
laboratories would be unable to conduct
verification testing, because they would
be unable to determine how to divide
standby power among the functional
components. (AHAM, No. 40 at p. 2)
AHAM and Whirlpool further
commented that the apportionment
method would, in effect, regulate the
standby power of the other functional
component in addition to the
microwave oven portion, which is
outside of the scope of this rulemaking
and would be unreasonable and
arbitrary. (AHAM, No. 40 at p. 3,
Whirlpool, No. 41 at p. 2) According to
Whirlpool, the conventional cooking
component of a combined product
would be subject to energy conservation
standards, while other conventional
cooking products would not, creating an
unfair competitive advantage for
manufacturers of the unregulated
products.
As discussed in section III.A of this
notice, DOE has decided not to adopt
methodology in its microwave oven test
procedure at this time for measuring the
standby mode and off mode energy use
of the microwave portion of combined
products. Therefore, DOE does not need
to further address these comments in
today’s final rule. DOE may choose to
initiate a separate rulemaking at a later
date that would address standby and off
mode energy use of combined products,
at which time such comments could
again be raised.
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F. Technical Clarifications
DOE proposed in the November 2011
TP SNOPR to make minor editorial
changes in 10 CFR part 430, subpart B,
appendix I, section 2.2.1.1 to aid the
reader by presenting the electrical
supply voltages consistently for
microwave ovens and conventional
cooking products, and also in section
1.12 to clarify the alternative use of
metric units for various measurements
and calculations in the conventional
cooking products test procedure. 76 FR
72331 (Nov. 23, 2011). DOE did not
revise this proposal for the May 2012 TP
SNOPR, and did not receive any
comments regarding these clarifications
in response to either notice. Therefore,
DOE adopts these clarifications to
appendix I in today’s final rule,
although section 1.12 is now designated
as section 1.16.
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G. Compliance With Other EPCA
Requirements
1. Test Burden
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))
In the March 2011 Interim Final Rule,
DOE concluded that the amended test
procedure would produce test results
that measure the power consumption of
covered products during a
representative average use cycle as well
as annual energy consumption, and that
the test procedure would not be unduly
burdensome to conduct. 76 FR 12825,
12840 (March 9, 2011).
The amendments to the DOE test
procedures proposed in the November
2011 TP SNOPR would be based on an
updated version of IEC Standard 62301,
specifically IEC Standard 62301 (Second
Edition). For the reasons discussed in
the November 2011 TP SNOPR, DOE
concluded that the proposed amended
test procedures would produce test
results that measure the standby mode
and off mode power consumption
during representative use, and that the
test procedures would not be unduly
burdensome to conduct. 76 FR 72332,
72344–45 (Nov. 23, 2011).
Whirlpool stated that it considers the
test burden acceptable. However,
Whirlpool added that this is contingent
upon its comments on the following
topics: (1) The exclusion of all products
with multiple cavities, with one cavity
having microwave capability and the
other having a conventional oven, as
covered products, (2) the proposed use
of IEC Standard 62301 (Second Edition),
(3) the measurement of total harmonic
distortion before and/or after the actual
test, and (4) the use of a manufacturerdetermined stabilization period at the
start of standby power testing for
microwave ovens with clocks.
(Whirlpool, No. 33 at p. 2)
For the reasons discussed in section
III.A of this notice, DOE determined in
today’s final rule to cover all products
with a microwave oven component,
including products that combine a
microwave oven with other appliance
functionality, for the purposes of the
microwave oven test procedure.
However, DOE is not adopting
provisions to measure the standby mode
and off mode energy use of the
microwave oven portion of combined
products at this time.
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Today’s final rule also adopts
amendments to the test procedure that
incorporate by reference IEC Standard
62301 (Second Edition) and provisions
that allow the measurement of total
harmonic distortion before and/or after
the actual test, which are in accordance
with Whirlpool’s comments. The
amendments do not, however, include
Whirlpool’s recommendation that the
stabilization period for microwave
ovens with power consumption that
varies as a function of the time
displayed be set according to the time
it takes for the product to transition to
its lowest power state. DOE determined
that a fixed 10-minute stabilization
period prior to the start of the 10-minute
measurement period for those products
will provide clarity to testing
laboratories and ensure repeatability
and reproducibility, which will
outweigh the burden of an additional
few minutes of testing time.
DOE concludes that the amended test
procedures for microwave ovens will
produce test results that measure the
standby mode and off mode power
consumption during representative use,
and that the test procedures will not be
unduly burdensome to conduct.
2. Certification Requirements
Sections 6299–6305 of EPCA
authorize DOE to enforce compliance
with the energy and water conservation
standards established for certain
consumer products. (42 U.S.C. 6299–
6305 (consumer products) On March 7,
2011, the Department revised,
consolidated, and streamlined its
existing certification, compliance, and
enforcement regulations for certain
consumer products and commercial and
industrial equipment covered under
EPCA, including microwave ovens. 76
FR 12422. These regulations are
codified in 10 CFR 429.23 (conventional
cooking tops, conventional ovens,
microwave ovens).
The certification requirements for
microwave ovens consist of a sampling
plan for selection of units for testing and
requirements for certification reports.
Because there are no existing energy
conservation standards for microwave
ovens, DOE is not amending the
certification reporting requirements for
these products. However, because DOE
adopts new metrics in today’s final rule
(standby mode power consumption
(PSB) and off mode power consumption
(POFF)) for microwave ovens, DOE
additionally amends provisions in the
sampling plan in 10 CFR 429.23(a)(2)(i)
to include PSB and POFF.
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IV. Procedural Issues and Regulatory
Review
emcdonald on DSK67QTVN1PROD with
A. Review Under Executive Order 12866
The Office of Management and Budget
has determined that test procedure
rulemakings do not constitute
‘‘significant regulatory actions’’ 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 a regulatory flexibility analysis (RFA)
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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel. DOE reviewed
today’s final 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
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
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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 estimates that there is one
small business which manufactures a
product which combines a microwave
oven with other appliance functionality.
However, because DOE is not amending
at this time the test procedures for
microwave ovens to include provisions
for measuring the standby mode and off
mode energy use for the microwave
oven portion of such combined
products, DOE certifies that today’s final
rule would not have a significant
economic impact on a substantial
number of small entities. Accordingly,
DOE has not prepared a regulatory
flexibility analysis for this rulemaking.
DOE will transmit the certification and
supporting statement of factual basis to
the Chief Counsel for Advocacy of the
SBA for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of microwave ovens
must certify to DOE that their products
comply with any applicable energy
conservation standards. In certifying
compliance, manufacturers must test
their products according to the DOE test
procedures for microwave ovens,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including microwave ovens. (76 FR
12422 (March 7, 2011). The collectionof-information requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 20 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.
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
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4023
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 final rule, DOE amends its test
procedure 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 affecting the
amount, quality or distribution of
energy usage, and, therefore, will not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to
any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. 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
it will follow in the development of
such regulations. 65 FR 13735. DOE
examined this final rule and determined
that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of today’s final rule.
States can petition DOE for exemption
from such preemption to the extent, and
based on criteria, set forth in EPCA. (42
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U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
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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: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting 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 a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
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14:08 Jan 17, 2013
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proposed ‘‘significant intergovernmental
mandate,’’ and 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 small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at https://
energy.gov/gc/office-general-counsel.
DOE examined today’s final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the 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 final rule will not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
today’s final rule under the OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those 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 OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
Today’s regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
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 Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially
provides in relevant part that, where a
rule authorizes or requires use of
commercial standards, the rulemaking
must inform the public of the use and
background of such standards. In
addition, section 32(c) requires DOE to
consult with the Attorney General and
the Chairman of the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition.
The final rule incorporates testing
methods contained in the following
commercial standards:
1. IEC Standard 62301, ‘‘Household
electrical appliances—Measurement of
standby power,’’ (First Edition, June
2005).
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2. IEC Standard 62301, ‘‘Household
electrical appliances—Measurement of
standby power,’’ Edition 2.0, 2011–01.
DOE has evaluated these standards
and is unable to conclude whether they
fully comply with the requirements of
section 32(b) of the FEAA, i.e., whether
they were developed in a manner that
fully provides for public participation,
comment, and review. DOE has
consulted with the Attorney General
and the Chairman of the FTC about the
impact on competition of using the
methods contained in these standards
and has received no comments objecting
to their use.
M. Congressional Notification
2. Section 429.23 is amended by
revising paragraph (a)(2)(i) introductory
text to read as follows:
■
§ 429.23 Conventional cooking tops,
conventional ovens, microwave ovens.
(a) * * *
(2) * * *
(i) Any represented value of estimated
annual operating cost, energy
consumption, standby mode power
consumption, off mode power
consumption, or other measure of
energy consumption of a basic model for
which consumers would favor lower
values shall be greater than or equal to
the higher of:
*
*
*
*
*
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of today’s rule before its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
N. Approval of the Office of the
Secretary
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
The Secretary of Energy has approved
publication of this final rule.
List of Subjects
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on January 11,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
430 of Chapter II of Title 10, Code of
Federal Regulations as set forth below:
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Definitions.
*
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317.
14:08 Jan 17, 2013
4. Section 430.2 is amended by:
a. Revising the definitions of
‘‘Microwave/conventional range’’ and
‘‘Microwave oven’’; and
■ b. Adding the definitions for
‘‘Convection microwave oven’’,
‘‘Microwave/conventional cooking top’’,
and ‘‘Microwave/conventional oven’’ in
alphabetical order.
The revisions and additions read as
follows:
■
■
§ 430.2
10 CFR Part 430
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3. The authority citation for part 430
continues to read as follows:
■
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*
*
*
*
Convection microwave oven means a
microwave oven that incorporates
convection features and any other
means of cooking in a single
compartment.
*
*
*
*
*
Microwave/conventional cooking top
means a class of kitchen ranges and
ovens that is a household cooking
appliance consisting of a microwave
oven and a conventional cooking top.
Microwave/conventional oven means
a class of kitchen ranges and ovens that
is a household cooking appliance
consisting of a microwave oven and a
conventional oven in separate
compartments.
Microwave/conventional range means
a class of kitchen ranges and ovens that
is a household cooking appliance
consisting of a microwave oven and a
conventional oven in separate
compartments and a conventional
cooking top.
Microwave oven means a class of
kitchen ranges and ovens comprised of
household cooking appliances
consisting of a compartment designed to
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cook or heat food by means of
microwave energy, including
microwave ovens with or without
thermal elements designed for surface
browning of food and convection
microwave ovens.
*
*
*
*
*
■ 5. Appendix I to Subpart B of part 430
is amended:
■ a. By revising the note after the
heading;
■ b. In section 1. Definitions, by revising
sections 1.16 and 1.17:
■ c. In section 2. Test Conditions, by
revising sections 2.1.3, 2.2.1.1, 2.2.1.2,
2.5.2, 2.6, and 2.9.1.3; and
■ d. In section 3. Test Methods and
Measurements, by revising sections
3.1.4.1, and 3.2.4.
The revisions read as follows:
Appendix I to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Conventional
Ranges, Conventional Cooking Tops,
Conventional Ovens, and Microwave
Ovens
Note: Any representation made after April
29, 2013 related to standby mode and off
mode energy consumption of conventional
ranges, conventional cooking tops, and
conventional ovens, or after July 17, 2013 for
standby and off mode energy consumption of
microwave ovens, must be based upon
results generated under this test procedure.
Any representation related to standby
mode and off mode energy consumption of
microwave ovens made between February 19,
2013 and July 17, 2013 may be based upon
results generated under this test procedure or
upon the test procedure as it appeared at 10
CFR part 430, subpart B, appendix I as
contained in the 10 CFR parts 200 to 499
edition revised as of January 1, 2012.
Upon the compliance date(s) of any energy
conservation standard(s) for conventional
ranges, conventional cooking tops,
conventional ovens, and microwave ovens
that incorporates standby mode and off mode
energy consumption, use of the applicable
provisions of this test procedure to
demonstrate compliance with the energy
conservation standard will also be required.
1. Definitions
*
*
*
*
*
1.16 Standard cubic foot (or liter (L)) of
gas means that quantity of gas that occupies
1 cubic foot (or alternatively expressed in L)
when saturated with water vapor at a
temperature of 60 °F (15.6 °C) and a pressure
of 30 inches of mercury (101.6 kPa) (density
of mercury equals 13.595 grams per cubic
centimeter).
1.17 Standby mode means any mode in
which a conventional cooking top,
conventional oven, conventional range, or
microwave oven is connected to a main
power source and offers one or more of the
following user-oriented or protective
functions which may persist for an indefinite
time: (a) facilitation of the activation of other
modes (including activation or deactivation
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of active mode) by remote switch (including
remote control), internal sensor, or timer; (b)
provision of continuous functions, including
information or status displays (including
clocks) or sensor-based functions. A timer is
a continuous clock function (which may or
may not be associated with a display) that
allows for regularly scheduled tasks and that
operates on a continuous basis.
*
*
*
*
*
*
*
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 of this appendix.
The microwave oven shall also be installed
in accordance with Section 5, Paragraph 5.2
of IEC 62301 (Second Edition) (incorporated
by reference; see § 430.3), disregarding the
provisions regarding batteries and the
determination, classification, and testing of
relevant modes. A watt meter shall be
installed in the circuit and shall be as
described in section 2.9.1.3 of this appendix.
*
*
*
*
*
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 ±2 percent
except that basic models rated only at 208/
120 volts shall be tested at that rating ±2
percent. For microwave oven testing,
maintain the electrical supply to the unit at
240/120 volts ±1 percent. Maintain the
electrical supply frequency for all products at
60 hertz ± 1 percent.
2.2.1.2 Supply voltage waveform. For the
standby mode and off mode testing, maintain
the electrical supply voltage waveform as
indicated in Section 4, Paragraph 4.3.2 of IEC
62301 (Second Edition) (incorporated by
reference; see § 430.3). For microwave oven
standby mode and off mode testing, if the
power measuring instrument used for testing
is unable to measure and record the total
harmonic content during the test
measurement period, it is acceptable to
measure and record the total harmonic
content immediately before and after the test
measurement period.
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*
*
*
*
*
2.5.2 Standby mode and off mode
ambient temperature. For standby mode and
off mode testing, maintain room ambient air
temperature conditions as specified in
Section 4, Paragraph 4.2 of IEC 62301
(Second Edition) (incorporated by reference;
see § 430.3).
2.6 Normal nonoperating temperature.
All areas of the appliance to be tested shall
attain the normal nonoperating temperature,
as defined in section 1.12 of this appendix,
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 of this appendix, 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 meet the
requirements specified in Section 4,
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14:08 Jan 17, 2013
Paragraph 4.4 of IEC 62301 (Second Edition)
(incorporated by reference; see § 430.3). For
microwave oven standby mode and off mode
testing, if the power measuring instrument
used for testing is unable to measure and
record the crest factor, power factor, or
maximum current ratio during the test
measurement period, it is acceptable to
measure the crest factor, power factor, and
maximum current ratio immediately before
and after the test measurement period.
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*
*
*
*
3. Test Methods and Measurements
*
*
*
*
*
3.1.4.1 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
(Second Edition) (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 5.3.2 of IEC
62301 (Second Edition). For units in which
power varies as a function of displayed time
in standby mode, set the clock time to 3:23
and use the average power approach
described in Section 5, Paragraph 5.3.2(a) of
IEC 62301 (First Edition), but with a single
test period of 10 minutes +0/¥2 sec after an
additional stabilization period until the clock
time reaches 3:33. If a microwave oven is
capable of operation in either standby mode
or off mode, as defined in sections 1.17 and
1.13 of this appendix, respectively, or both,
test the microwave oven in each mode in
which it can operate.
*
*
*
*
*
3.2.4 Microwave oven test standby mode
and off mode power. Make measurements as
specified in Section 5, Paragraph 5.3 of IEC
62301 (Second Edition) (incorporated by
reference; see § 430.3). If the microwave oven
is capable of operating in standby mode, as
defined in section 1.17 of this appendix,
measure the average standby mode power of
the microwave oven, PSB, in watts as
specified in section 3.1.4.1 of this appendix.
If the microwave oven is capable of operating
in off mode, as defined in section 1.13 of this
appendix, measure the average off mode
power of the microwave oven, POM, as
specified in section 3.1.4.1.
*
*
*
*
*
[FR Doc. 2013–00917 Filed 1–17–13; 8:45 am]
BILLING CODE 6450–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Parts 700, 701, 741, 747, and
750
RIN 3133–AD97
Definition of Troubled Condition
National Credit Union
Administration (NCUA).
ACTION:
Final rule.
The NCUA Board (Board) is
issuing a final rule amending the
definition of ‘‘troubled condition’’ as
that term is used to trigger the statutory
requirement to give the Board notice
and an opportunity to disapprove a
change of credit union officials, and as
that term appears elsewhere in NCUA’s
regulations. Generally, the current
definition allows only a state
supervisory authority (SSA) to declare a
federally insured, state-chartered credit
union (FISCU) to be in ‘‘troubled
condition.’’ The final rule amends the
definition to allow either NCUA or an
SSA to declare a FISCU in ‘‘troubled
condition.’’ NCUA is adopting the
amended definition of ‘‘troubled
condition’’ as proposed.
DATES: This rule is effective February
19, 2013.
FOR FURTHER INFORMATION CONTACT:
Frank Kressman, Associate General
Counsel, or Steven W. Widerman, Staff
Attorney, at (703) 518–6557.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
2. Proposed Rule
3. Discussion of Comments on Proposed Rule
4. Regulatory Procedures
1. Background
a. Why is NCUA Adopting this Rule?
The Board is adopting this rule to fully
utilize the combined resources of NCUA
and SSAs to identify FISCUs in
‘‘troubled condition’’ at the earliest
possible juncture. The Federal Credit
Union Act (the Act) requires a credit
union in ‘‘troubled condition’’ to give
NCUA notice and an opportunity to
disapprove a change of credit union
officials. Currently, only SSAs can make
this determination for a FISCU. The rule
permits either NCUA or an SSA to
designate a FISCU in ‘‘troubled
condition’’ for this purpose, thus
expanding NCUA’s opportunity to act
preemptively to ensure that the officials
who take control of a FISCU in
‘‘troubled condition’’ are qualified to
address its troubles. This gives the
National Credit Union Share Insurance
Fund (NCUSIF) a further measure of
protection against the risk of loss.
b. Statutory Framework. In 1989,
Congress amended the Act to require a
federally insured credit union ‘‘in
troubled condition, as determined on
the basis of such credit union’s most
recent report of condition or report of
examination,’’ 1 to notify NCUA prior to
adding or replacing any individual
serving as a member of the board of
directors or a committee, or employed
AGENCY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
1 12
E:\FR\FM\18JAR1.SGM
U.S.C. 1790a(a)(2).
18JAR1
Agencies
[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4015-4026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00917]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules
and Regulations
[[Page 4015]]
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE-2008-BT-TP-0011]
RIN 1904-AB78
Energy Conservation Program: Test Procedures for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On November 23, 2011, the U.S. Department of Energy (DOE)
issued a supplemental notice of proposed rulemaking (SNOPR) to amend
the test procedures for microwave ovens. That SNOPR proposed amendments
to the DOE test procedure to incorporate provisions from the
International Electrotechnical Commission (IEC) Standard 62301,
``Household electrical appliances--Measurement of standby power,''
Edition 2.0 2011-01 (IEC Standard 62301 (Second Edition)). DOE
published a second SNOPR on May 16, 2012, proposing additional
provisions for measuring the standby mode and off mode energy use of
products that combine a microwave oven with other appliance
functionality, as well as minor technical clarifications. Those
proposed rulemakings serve as the basis for today's action. DOE is
issuing a final rule amending the DOE test procedure to incorporate by
reference the proposed provisions from IEC Standard 62301 (Second
Edition) and the technical clarifications. DOE is not amending the test
procedure at this time to measure the energy consumption of products
that combine microwave ovens with other appliance functionality, but
may consider such amendments in a future rulemaking.
DATES: The effective date of this rule is February 19, 2013. The final
rule changes will be mandatory for representations of the energy
efficiency of microwave ovens starting July 17, 2013.
The incorporation by reference of a publication listed in this rule
was approved by the Director of the Federal Register on December 17,
2012.
ADDRESSES: The docket is available for review at regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
regulations.gov index. However, not all documents listed in the index
may be publicly available, such as information that is exempt from
public disclosure.
A link to the docket web page can be found at: https://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=25;po=0;D=EERE-
2008-BT-TP-0011. This web page will contain a link to the docket for
this notice on the regulations.gov site. The regulations.gov Web page
will contain simple instructions on how to access all documents,
including public comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC, 20585-0121. Telephone: (202) 586-6590. Email:
Ashley.Armstrong@ee.doe.gov.
Mr. Ari Altman, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 287-6307. Email: ari.altman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Final Rule
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
B. Effective Date for the Test Procedure and Date on Which Use
of the Test Procedure Will Be Required
C. Incorporation of IEC Standard 62301 (Second Edition)
D. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off
Mode''
E. Specifications for the Test Methods and Measurements for
Microwave Oven Standby Mode and Off Mode Testing
F. Technical Clarifications
G. Compliance With Other EPCA Requirements
1. Test Burden
2. Certification Requirements
IV. Procedural Issues and Regulatory Review
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 Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Approval of the Office of the Secretary
I. Authority and Background
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. (All references to
EPCA refer to the statute as amended through the Energy Independence
and Security Act of 2007 (EISA 2007), Public Law 110-140 (Dec. 19,
2007)). Part B of title III, which for editorial reasons was
redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C.
6291-6309), establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' These include microwave ovens, the
subject of today's notice. (42 U.S.C. 6291(1)-(2) and 6292(a)(10))
Under EPCA, this program consists essentially of four parts: (1)
Testing, (2) labeling, (3) Federal energy conservation standards, and
(4) certification and enforcement procedures. The testing requirements
consist of test procedures that manufacturers of covered products must
use (1) as the basis for certifying to DOE that their products comply
with the applicable energy conservation standards adopted under EPCA,
and (2) for making representations about the
[[Page 4016]]
efficiency of those products. Similarly, DOE must use these test
requirements to determine whether the products comply with any relevant
standards promulgated under EPCA.
General Test Procedure Rulemaking Process
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and shall not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
EISA 2007 amended EPCA to require DOE to amend its test procedures
for all covered products to integrate measures of standby mode and off
mode energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. If an
integrated test procedure is technically infeasible, DOE must prescribe
a separate standby mode and off mode energy use test procedure for the
covered product, if a separate test is technically feasible. (42 U.S.C.
6295(gg)(2)(A)) Any such amendment must consider the most current
versions of IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' and IEC Standard 62087, ``Methods of
measurement for the power consumption of audio, video, and related
equipment.'' \1\ Id. At the time of the enactment of EISA 2007, the
most current versions of these standards were IEC Standard 62301 (First
Edition 2005-06) and IEC Standard 62087 (Second Edition 2008-09).
---------------------------------------------------------------------------
\1\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedures to include standby mode and off
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC
Standard 62087 addresses the methods of measuring the power
consumption of audio, video, and related equipment. Accordingly, the
narrow scope of this particular IEC standard reduces its relevance
to today's final rule.
---------------------------------------------------------------------------
DOE Microwave Oven Test Procedure
DOE's test procedure for microwave ovens is codified at appendix I
to subpart B of Title 10 of the Code of Federal Regulations (CFR). The
test procedure was established in an October 3, 1997 final rule that
addressed active mode energy use only. 62 FR 51976.
To address standby mode and off mode energy use, DOE published a
notice of proposed rulemaking (NOPR) on October 17, 2008 (hereafter
referred to as the October 2008 TP NOPR), in which it proposed
incorporating provisions from IEC Standard 62301 (First Edition) into
the DOE active mode test procedure, as well as language to clarify
application of these provisions for measuring standby mode and off mode
power in microwave ovens. 73 FR 62134. DOE held a public meeting on
November 14, 2008, 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)
(or ``Second Edition''), which was in the process of being drafted.
EPCA requires DOE to consider the most recent version of IEC
Standard 62301. (42 U.S.C. 6295(gg)(2)(A)) 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. DOE
anticipated, based on review of drafts of the updated IEC Standard
62301, that the revisions could include different mode definitions. The
revised version was expected in July 2009. IEC Standard 62301 (Second
Edition) was not published, however, until January 27, 2011.
In order to ensure that DOE could establish test procedures for
standby mode and off mode by March 31, 2011, as required by the EISA
2007 amendments to EPCA, DOE published an SNOPR on July 22, 2010
(hereafter referred to as the July 2010 TP SNOPR) proposing mode
definitions based on those in the then current draft version of IEC
Standard 62301 (Second Edition), designated as IEC Standard 62301
Second Edition, Committee Draft for Vote (IEC Standard 62301 (CDV)). 75
FR 42612, 42620-23 (July 22, 2010). DOE stated that it believed that
those most recent mode definitions represented the best definitions
available for the analysis in support of this rulemaking. 75 FR 42612,
42621. DOE held a public meeting on September 16, 2010, to hear oral
comments on and solicit information relevant to the July 2010 TP SNOPR.
Interested parties remarked upon, among other things, covered products,
incorporation of IEC Standard 62301 (First Edition), mode definitions,
and testing procedures. On October 29, 2010, the IEC released a
finalized draft version of IEC Standard 62301 (Second Edition), IEC
Standard 62301 (FDIS).
On March 9, 2011, DOE published an interim final rule (hereafter
referred to as the March 2011 Interim Final Rule) amending the test
procedures for microwave ovens. 76 FR 12825. The March 2011 Interim
Final Rule incorporated by reference specific clauses from IEC Standard
62301 (First Edition) regarding test conditions and testing procedures
for measuring the average standby mode and average off mode power
consumption into the microwave oven test procedure. DOE also
incorporated into the microwave oven test procedure definitions of
``active mode,'' ``standby mode,'' and ``off mode'' based on the
definitions provided in IEC Standard 62301 (FDIS). DOE further adopted
language to clarify the application of clauses from IEC Standard 62301
(First Edition) for measuring standby mode and off mode power in the
March 2011 Interim Final rule. Specifically, DOE defined 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. 76
FR 12825, 12828.
The amendments adopted in the March 2011 Interim Final Rule became
effective on April 8, 2011. However, DOE noted that in order to ensure
that the amended test procedure adequately addresses the EISA 2007
requirement to consider the most recent version of IEC Standard 62301,
and recognizing that the IEC issued IEC Standard 62301 (Second Edition)
in January of 2011, DOE issued the microwave oven test procedure as an
interim final rule and offered an additional 180-day comment period to
consider whether any changes
[[Page 4017]]
should be made to the interim final rule in light of publication of IEC
Standard 62301 (Second Edition). DOE stated that it would consider
these comments and, to the extent necessary, publish a final rulemaking
incorporating any changes. 76 FR 12825, 12830-31. In response to the
March 2011 Interim Final Rule, interested parties commented that, among
other things, DOE should incorporate by reference IEC Standard 62301
(Second Edition) for optimal international harmonization, to give
clarity and consistency to the regulated community and to decrease the
testing burden.
Based upon the public comment, DOE decided to further analyze IEC
Standard 62301 (Second Edition). DOE reviewed this latest version of
the IEC standard and believes that it improves some measurements of
standby mode and off mode energy use. Accordingly, DOE published a
second SNOPR on November 23, 2011 (hereafter referred to as the
November 2011 TP SNOPR), proposing to incorporate certain provisions of
IEC Standard 62301 (Second Edition), along with clarifying language,
into the DOE test procedures for microwave ovens adopted in the March
2011 Interim Final Rule. In addition, DOE proposed in the November 2011
TP SNOPR to make minor editorial changes in 10 CFR part 430, subpart B,
appendix I, section 2.2.1.1 to aid the reader by presenting the
electrical supply voltages consistently for microwave ovens and
conventional cooking products, and also in section 1.12 to clarify the
alternative use of metric units for various measurements and
calculations in the conventional cooking products test procedure. 76 FR
72331 (Nov. 23, 2011).
In the course of reviewing comments on the November 2011 TP SNOPR,
DOE determined that an additional SNOPR would be necessary before
moving to a final rule. DOE subsequently published the additional SNOPR
on May 16, 2012 (hereafter referred to as the May 2012 TP SNOPR), to
address comments received on the November 2011 TP SNOPR regarding
coverage of additional microwave oven product types in the DOE test
procedure, and in particular, products combining a microwave oven with
other appliance functionality. 77 FR 28805. Comments on this topic and
other topics received in response to both the November 2011 TP SNOPR
and the May 2012 TP SNOPR are addressed in today's final rule.
With respect to today's rulemaking, as noted above, EPCA requires
that DOE determine whether a 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
standards for energy use in the standby and off modes), no
determination is needed under these circumstances. DOE is conducting a
concurrent rulemaking process to consider standby and off mode energy
conservation standards and will utilize the DOE test procedure as
amended by today's final rule in developing those standard levels.
Today's rule also fulfills DOE's obligation to periodically review
its test procedures under 42 U.S.C. 6293(b)(1)(A). DOE anticipates that
its next evaluation of this test procedure will occur in a manner
consistent with the timeline set out in this provision.
II. Summary of the Final Rule
The final rule amends the current DOE test procedures for microwave
ovens to incorporate by reference certain provisions of IEC Standard
62301 (Second Edition) for measuring standby mode and off mode energy
use. As noted in section I of today's final rule, the use of this
internationally recognized standard will optimize harmonization for
manufacturers, will give clarity and consistency in the test conduct,
and will decrease the testing burden. The current procedures are also
being amended to clarify testing requirements for supply voltage and
alternative metric units.
In addition, in today's final rule DOE confirms that the microwave
oven portion of a combined product is covered under the definition of
``microwave oven'' at 10 CFR 430.2, and is adding and clarifying
definitions of certain combined products which incorporate microwave
ovens and conventional cooking products. Due to a lack of data and
information at this time, however, DOE is not amending its test
procedures in this rule to measure standby mode and off mode energy use
for the microwave portion of combined products. DOE may choose to
initiate a separate rulemaking at a later date that would address
standby and off mode energy use of combined products.
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
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 March 2011 Interim Final Rule, DOE determined that
this regulatory definition includes all ovens equipped with microwave
capability, including convection microwave ovens (i.e., microwave ovens
that incorporate convection features and possibly other means of
cooking) because they are capable of cooking or heating food by means
of microwave energy. 76 FR 12825, 12828-30 (March 9, 2011). In the
March 2011 Interim Final Rule, DOE referred to such a product as a
``combination oven''.
In the May 2012 TP SNOPR, DOE proposed that the regulatory
definition of microwave oven also includes all products that combine a
microwave oven with other appliance functionality. To aid in
distinguishing such other ``combined products'' from the type of
microwave oven that incorporates convection features and any other
means of cooking, DOE proposed in the May 2012 TP SNOPR to use the term
``convection microwave oven'' to more accurately describe the latter,
and to provide a definition of convection microwave oven in 10 CFR
430.2. In this definition, DOE would clarify that the microwave
capability, convection features, and any other cooking means are
incorporated in a single cavity. 77 FR 28805, 28808 (May 16, 2012).
DOE further proposed in the May 2012 TP SNOPR that all products
that combine a microwave oven with other appliance functionality would
be considered covered products, including microwave/conventional
ranges, microwave/conventional ovens, microwave/conventional cooking
tops, and other combined products such as microwave/refrigerator-
freezer/charging stations. Regarding microwave/conventional ranges, DOE
clarified that an appliance need not be free-standing to be covered as
a microwave/conventional range. 77 FR 28805, 28808-09 (May 16, 2012).
DOE, therefore, proposed in the May 2012 TP SNOPR to add a definition
of ``microwave/conventional cooking top'' in 10 CFR 430.2 to state that
it is a class of kitchen ranges and ovens that is a household cooking
appliance consisting of a microwave oven and a conventional cooking
top. Similarly, DOE proposed in the May 2012 TP SNOPR to add a
definition in 10 CFR 430.2 of a ``microwave/conventional oven'' as a
class of kitchen ranges and ovens which is a household cooking
appliance consisting of a microwave oven and a conventional oven in
separate compartments. DOE also proposed to clarify in the definition
of microwave/conventional range that the microwave oven and
conventional oven are
[[Page 4018]]
incorporated as separate compartments. 77 FR 28805, 28809-10 (May 16,
2012).
Because each of those combined products described previously
contains a microwave oven as one of its functional components, DOE
proposed that the microwave oven component of these products would meet
the statutory requirements as a covered product for the purposes of
measuring standby mode and off mode energy use under EPCA. (42 U.S.C.
6295(gg)(2)(B)(vi)) DOE stated that it does not believe that the
presence of additional appliance functionality would eliminate the
statutory requirement to evaluate standby mode and off mode energy use
in the microwave oven component. DOE also tentatively concluded in the
May 2012 TP SNOPR that the test procedure should only measure the
standby mode and off mode energy use associated with the microwave oven
portion of combined products, and for that reason the proposed
amendments do not require any determination as to which appliance
function of a combined product with a microwave oven component
represents the primary usage of the product. 77 FR 28805, 28809-10 (May
16, 2012).
Whirlpool Corporation (Whirlpool) commented in response to the May
2012 TP SNOPR that combined products should not be covered. Whirlpool
noted that it produces a microwave/conventional oven in which both
cavities are controlled by a single control panel. Whirlpool believes
that this product should be regulated according to the primary use of
the product, based on total energy consumption, which in this case
would be as a conventional oven since their research indicates that the
microwave oven cavity uses one-tenth of the energy annually that the
conventional oven cavity does. (Whirlpool, No. 33 at p. 1; Whirlpool,
No. 41 at pp. 1-2) The Association of Home Appliance Manufacturers
(AHAM) also commented that the primary use of a combined product should
determine how the product is regulated, whether that be as a
conventional cooking product or a microwave oven. AHAM also stated that
both free-standing and built-in ranges that provide microwave oven
capability in one compartment and a conventional oven in a separate
compartment should not be considered covered products. As a
clarification, AHAM proposed that DOE define ``combination oven'' as
``a microwave oven that incorporates means of cooking other than
microwave energy, and does not mean free-standing or built-in
conventional cooking tops, conventional ovens, or conventional ranges
that include microwave ovens in separate cavities.'' (AHAM, No. 40 at
pp. 2-3)
DOE maintains its determination from the May 2012 TP SNOPR that the
microwave oven component is subject to the statutory requirement for
measuring standby mode and off mode energy use, and that the added
conventional oven functionality, regardless of its annual energy
consumption, does not exempt the microwave oven component from this
requirement. Therefore, DOE determines for today's final rule that all
products that incorporate microwave ovens with additional appliance
functionality are covered products under the microwave oven regulatory
definition, but DOE is declining to adopt a test procedure for such
products at this time due to a lack of information. DOE also adopts in
today's final rule regulatory definitions of several specific product
types that incorporate microwave and conventional cooking
functionality, either within a single cavity or in separate cavities,
to aid manufacturers in determining which products are the subject of
the provisions adopted in today's final rule. These definitions include
the definition of ``convection microwave oven'' in place of the term
``combination oven'', for those products that incorporate microwave and
conventional cooking functionality in a single cavity. In sum, today's
final rule adds the following definitions to 10 CFR 430.2:
Convection microwave oven means a microwave oven that
incorporates convection features and any other means of cooking in a
single compartment.
Microwave/conventional cooking top means a class of
kitchen ranges and ovens that is a household cooking appliance
consisting of a microwave oven and a conventional cooking top.
Microwave/conventional oven means a class of kitchen
ranges and ovens that is a household cooking appliance consisting of a
microwave oven and a conventional oven in separate compartments.
In addition, DOE amends the definition of ``microwave/conventional
range'' in 10 CFR 430.2 as a class of kitchen ranges and ovens that is
a household cooking appliance consisting of a microwave oven and a
conventional oven in separate compartments and a conventional cooking
top. DOE also amends the definition of ``microwave oven'' to include
the use of the term ``convection microwave oven'' in place of
``combination oven.''
AHAM commented that DOE proposed to cover all products that combine
microwave oven and other appliance functionality, but did not propose
definitions for all of the possible combined products. According to
AHAM, such an approach results in uncertainty about coverage for
products that are manufactured as microwave ovens only, but later added
to other appliances to create a combined product. AHAM noted that this
integration may occur when the microwave oven is no longer in the
manufacturer's control. Therefore, AHAM believes that DOE should not
cover combined products. Should it do so, AHAM stated that a microwave
oven should be classified according to its configuration as produced by
the manufacturer, since a manufacturer would have no way of knowing how
a stand-alone microwave oven may be later integrated into a combined
product. (AHAM, No. 40 at p. 3)
DOE has determined that while combined products are covered
products under the statute, it will not be promulgating a test
procedure for such products at this time, due to a lack of sufficient
data. DOE will clarify its position on this issue at the time of any
future rulemaking regarding combined products.
B. Effective Date for the Test Procedure and Date on Which Use of the
Test Procedure Will be Required
The effective date of the standby and off mode test procedures for
microwave ovens is February 19, 2013. DOE's amended test procedure
regulations codified in 10 CFR part 430, subpart B, appendix I clarify,
though, that the procedures and calculations adopted in today's final
rule need not be performed to determine compliance with energy
conservation standards until compliance with any final rule
establishing amended energy conservation standards for microwave ovens
in standby mode and off mode is required. However, as of July 17, 2013,
any representations as to the standby mode and off mode energy
consumption of the products that are the subject of this rulemaking
must be based upon results generated under the applicable provisions of
this amended test procedure. (42 U.S.C. 6293(c)(2)) In the period
between February 19, 2013 and July 17, 2013, any representations as to
the standby mode and off mode energy consumption of the products that
are the subject of this rulemaking may be based upon results generated
under the applicable provisions of either this amended test procedure
or the previous test procedure, published at 10 CFR part 430, subpart
B, Appendix I as contained in the 10 CFR parts 200 to 499 edition
revised as of January 1, 2012.
[[Page 4019]]
The Republic of Korea (Korea) stated that if DOE adopted its
proposals from the May 2012 TP SNOPR, manufacturers would require
approximately 6 months for product development and another 6 months to
demonstrate compliance with energy conservation standards and safety
requirements. Therefore, Korea requested a compliance date at least a
year after publication of the test procedure final rule. (Korea, No.
42, at p. 1) As noted above, use of the amended test procedure
established in today's final rule will not be required to demonstrate
compliance until the compliance date of any final rule establishing
amended microwave oven energy conservation standards. DOE is conducting
such a standards rulemaking concurrently with this test procedure
rulemaking, and expects that the compliance date of any amended
standards will be later than 1 year after the publication of today's
final rule.
C. Incorporation of IEC Standard 62301 (Second Edition)
As discussed in section I of today's final rule, EPCA, as amended
by EISA 2007, requires that test procedures be amended to include
standby mode and off mode energy consumption, taking into consideration
the most current versions of IEC Standards 62301 and 62087. (42 U.S.C.
6295(gg)(2)(A)) DOE adopted certain provisions from IEC Standard 62301
(First Edition) regarding test conditions and testing procedures for
measuring the average standby mode and average off mode power
consumption in the microwave oven test procedure in the March 2011
Interim Final Rule. DOE also incorporated into the microwave oven test
procedure definitions of ``active mode,'' ``standby mode,'' and ``off
mode'' based on the definitions provided in IEC Standard 62301 (FDIS),
along with clarifying language for clauses incorporated by reference in
the March 2011 Interim Final Rule from IEC Standard 62301 (First
Edition). Specifically, these provisions measure power consumption of
microwave ovens in the case that the measured power is not stable
(i.e., varies over a cycle), based on displayed clock time, and DOE
defined the test duration in this case. 76 FR 12825, 12828 (Mar. 9,
2011).
Based upon the public comment received on the March 2011 Interim
Final Rule, DOE published the November 2011 TP SNOPR, proposing to
update its reference to IEC Standard 62301 by incorporating certain
provisions of IEC Standard 62301 (Second Edition), along with
clarifying language, into the DOE test procedures for microwave ovens
adopted in the March 2011 Interim Final Rule.
AHAM and Whirlpool support the incorporation by reference of IEC
Standard 62301 (Second Edition) in the microwave oven test procedure.
(AHAM, No. 40 at p. 1; Whirlpool, No. 33 at p. 1) AHAM stated that the
use of the Second Edition would allow for optimum international
harmonization, provide clarity and consistency to manufacturers, and
decrease test burden. (AHAM, No. 40 at p. 4)
The suitability of specific clauses from IEC Standard 62301 (Second
Edition) regarding testing conditions and methodology for use in DOE's
microwave oven test procedure are discussed in the following
paragraphs.
Section 4, paragraph 4.4 of the Second Edition revises the power
measurement accuracy provisions of the First Edition. A more
comprehensive specification of required accuracy is provided in the
Second Edition, which depends upon the characteristics of the power
being measured. Testers using the Second Edition are required to
measure the crest factor and power factor of the input power, and to
calculate a maximum current ratio (MCR) (paragraph 4.4.1 of the Second
Edition). The Second Edition then specifies calculations to determine
the maximum permitted uncertainty in MCR. DOE noted in the November
2011 TP SNOPR, however, that the permitted uncertainty is the same or
less stringent than the uncertainty specified in the First Edition,
depending on the value of MCR and the power level being measured. DOE
determined, however, that this change in the permitted uncertainty
maintains sufficient accuracy of measurements under a full range of
possible measured power levels without placing undue demands on the
instrumentation. These power measurement accuracy requirements were
based upon detailed technical submissions to the IEC in the development
of IEC Standard 62301 (FDIS), which showed that commonly-used power
measurement instruments were unable to meet the original requirements
for certain types of loads. Therefore, DOE concluded in the November
2011 TP SNOPR that the incremental testing burden associated with the
additional measurements and calculations is offset by the more
reasonable requirements for testing equipment, while maintaining
measurement accuracy deemed acceptable and practical by voting members
for IEC Standard 62301 (Second Edition). For these reasons, DOE
proposed in the November 2011 TP SNOPR to incorporate by reference in
10 CFR part 430, subpart B, appendix I, section 2.9.1.3 the power
equipment specifications in section 4, paragraph 4.4 of IEC Standard
62301 (Second Edition). 76 FR 72332, 72339 (Nov. 23, 2011). DOE did not
revise this proposal for the May 2012 TP SNOPR, and did not receive any
comments on this topic in response to either notice. In today's final
rule, DOE adopts these amendments to its microwave oven test procedure.
In the November 2011 TP SNOPR, DOE observed that section 5,
paragraph 5.2 of IEC Standard 62301 (Second Edition) maintains the
installation and setup procedures incorporated by reference in the
microwave oven test procedure in the March 2011 Interim Final Rule from
the First Edition. These provisions require that the appliance be
prepared and set up in accordance with manufacturer's instructions, and
that if no instructions are given, then the factory or ``default''
settings shall be used, or where there are no indications for such
settings, the appliance is tested as supplied. Additionally, IEC
Standard 62301 (Second Edition) adds certain clarifications to the
installation and setup procedures in section 5, paragraph 5.2 of the
First Edition regarding products equipped with a battery recharging
circuit for an internal battery, as well as instructions for testing
each relevant configuration option identified in the product's
instructions for use. DOE stated in the November 2011 TP SNOPR that it
is not aware of any microwave oven with an internal battery, or with a
recharging circuit for such a battery. DOE also determined that a
requirement to separately test each configuration option could
substantially increase test burden and potentially conflicts with the
requirement within the same section to set up the product in accordance
with the instructions for use or, if no such instructions are
available, to use the factory or ``default'' settings. Therefore, DOE
tentatively concluded in the November 2011 TP SNOPR that the portions
of the installation instructions in section 5, paragraph 5.2 of IEC
Standard 62301 (Second Edition) pertaining to batteries and the
requirement for the determination, classification, and testing of all
modes associated with every combination of available product
configuration options (which may be more numerous than the modes
associated with operation at the default settings) are not appropriate
for the microwave oven test procedures. Accordingly, DOE proposed in
the November 2011 TP SNOPR qualifying language in the test procedure
[[Page 4020]]
amendments at 10 CFR part 430, subpart B, appendix I, section 2.1.3 to
disregard those portions of the installation instructions. Id. DOE
maintained this proposal for the May 2012 TP SNOPR. No comments on this
topic were submitted to DOE, and for the reasons discussed, DOE is
amending the microwave oven test procedure accordingly in today's final
rule.
The Second Edition also contains provisions for the power supply
(section 4.3) and power-measuring instruments (section 4.4). Paragraph
4.3.2 requires that the value of the harmonic content of the voltage
supply be recorded during the test and reported. As described
previously, paragraph 4.4.1 requires the instrument to measure the
crest factor and maximum current ratio. Paragraph 4.4.3 requires the
instrument to be capable of measuring the average power or integrated
total energy consumption over any operator-selected time interval. In
the November 2011 TP SNOPR, DOE stated that it is aware of commercially
available power measurement instruments that can perform each of these
required measurements individually. However, DOE is also aware that
certain industry-standard instruments, such as the Yokogawa WT210/WT230
digital power meter and possibly others, are unable to measure harmonic
content or crest factor while measuring average power or total
integrated energy consumption. DOE expressed concern that laboratories
currently using power-measuring instruments without this capability
would be required to purchase, at potentially significant expense,
additional power-measuring instruments that are able to perform all
these measurements simultaneously. Therefore, DOE proposed in the
November 2011 TP SNOPR for 10 CFR part 430, subpart B, appendix I,
sections 2.2.1.2 and 2.9.1.3 that if the power-measuring instrument is
unable to perform these measurements during the actual test
measurement, it would be acceptable to measure the total harmonic
content, crest factor, and maximum current ratio immediately before and
immediately after the actual test measurement to determine whether the
requirements for the power supply and power measurement have been met.
76 FR 72332, 72339-40 (Nov. 23, 2011).
AHAM and Whirlpool support the measurement of the total harmonic
content, crest factor, and maximum current ratio before and after the
actual test measurement if the power measuring instrument is unable to
perform these measurements during the actual test. Whirlpool commented
that this provision would prevent manufacturers from being required to
purchase more comprehensive and expensive test equipment. (AHAM, No. 40
at p. 4; Whirlpool, No. 33 at p. 2) DOE agrees with these commenters,
and in today's final rule amends the microwave oven test procedure to
include such a provision in section 2.2.1.2 of appendix I.
The other major changes in the Second Edition related to the
measurement of standby mode and off mode power consumption in covered
products involve measurement techniques and specification of the
stability criteria required to measure that power. The Second Edition
contains more detailed techniques to evaluate the stability of the
power consumption and to measure the power consumption for loads with
different stability characteristics. According to the Second Edition,
the user is given a choice of measurement procedures, including
sampling methods, average reading methods, and a direct meter reading
method. For the November 2011 TP SNOPR, DOE evaluated these new methods
in terms of test burden and improvement in results as compared to those
methods adopted in the March 2011 Interim Final Rule, which were based
on IEC Standard 62301 (First Edition).
In the March 2011 Interim Final Rule, DOE adopted provisions
requiring that microwave oven standby mode and off mode power be
measured using section 5, paragraph 5.3 of IEC Standard 62301 (First
Edition). DOE also adopted additional specific methodology for
microwave ovens in which power varies as a function of the time
displayed. In particular, based on DOE's testing, DOE adopted a
requirement for these microwave ovens to set the display time to 3:23
and allowing a 10-minute stabilization period prior to a 10-minute
measurement period for the display time of 3:33 to 3:42, based on the
average power approach of section 5, paragraph 5.3.2(a) of IEC Standard
62301 (First Edition). DOE stated that this method provides a valid
measure of standby energy use for those microwave ovens with power
consumption varying according to the time displayed on the clock. 76 FR
12825, 12838-40 (Mar. 9, 2011).
For the November 2011 TP SNOPR, DOE analyzed the potential impacts
of referencing methodology from IEC Standard 62301 (Second Edition)
rather than from the First Edition by comparing the provisions allowed
by each under different scenarios of power consumption stability. Based
on its analysis, DOE concluded that the use of the Second Edition would
improve the accuracy and representativeness of power consumption
measurements. DOE also recognized industry's overwhelming support for
the Second Edition and the benefit of harmonizing with international
test standards to reduce testing burden on manufacturers that sell
products internationally by not requiring multiple test methods to be
conducted according to different testing methods in different
countries. In the narrow case of microwave ovens with power consumption
that varies as a function of the clock time displayed, DOE proposed to
maintain the application of clauses from IEC Standard 62301 (First
Edition) for measuring standby mode power consumption during a 10-
minute test period that were adopted in the March 2011 Interim Final
Rule. DOE determined that, in this case, the use of the Second Edition
would cause manufacturers to incur significant burden that would not be
warranted by any potential improved accuracy of the measurement. 76 FR
72332, 72340-42 (Nov. 23, 2011). DOE did not revise these proposals
regarding testing methodology and the use of IEC Standard 62301 in the
May 2012 TP SNOPR.
AHAM and Whirlpool agreed with the existing methodology to measure
standby power for microwave ovens with power consumption that varies as
a function of the time displayed over a period of 10 minutes starting
at a clock time of 3:33. Whirlpool, however, objected to a fixed
stabilization period of 10 minutes, starting at a clock time of 3:23,
prior to the start of the measurement period. Whirlpool commented that
the time for the controls to reach the lowest power consumption state
may be longer or shorter than 10 minutes for a particular microwave
oven, and that manufacturers should be allowed to conduct the test by
setting the clock sufficiently far in advance to ensure that the
controls have stabilized by the start of the measurement period.
(Whirlpool, No. 33 at p. 2) AHAM also stated that some microwave ovens
may have a shorter stabilization period than 10 minutes, and for those
products, the current methodology would have a higher test burden than
an approach in which the stabilization period is defined as the number
of minutes needed for the microwave oven to return to its lowest power
consumption state. AHAM objected to DOE's assertion in the November
2011 TP SNOPR that a defined stabilization period would encourage
manufacturers to minimize the duration of the stabilization period
[[Page 4021]]
in their products. According to AHAM, a fixed stabilization period
would likely lead to standardization of stabilization periods, and
since DOE did not observe any current stabilization periods longer than
10 minutes, manufacturers would be encouraged to increase them up to
the maximum of 10 minutes. AHAM agreed, however, that the current 10-
minute approach is less burdensome than measuring standby power
consumption in this case using IEC Standard 62301 (Second Edition).
AHAM further commented that setting the clock time to 3:23 and allowing
a 10-minute stabilization period prior to the 10-minute test ensures
that the test procedure is repeatable and reproducible, and minimizes
test burden by not requiring independent test laboratories to determine
the number of minutes needed for the microwave oven to reach its lowest
power consumption state. According to AHAM, it is critical in the
context of increased enforcement that third-party laboratories be able
to conduct the test procedure with as little lab-to-lab variation as
possible. AHAM, therefore, supports DOE's proposal to maintain the 10-
minute measurement method currently provided in the test procedure.
(AHAM, No. 40 at p. 5)
For the reasons discussed above, and in consideration of the
comments received supporting the proposals, DOE amends the microwave
oven test procedure in today's final rule by incorporating by reference
the relevant paragraphs of section 5.3 of IEC Standard 62301 (Second
Edition) in 10 CFR part 430, subpart B, appendix I, sections 3.1.4.1
and 3.2.4. The amendments require the use of the sampling method in
section 5.3.2 of the Second Edition for standby mode and off mode power
measurements, except in the case of microwave ovens with power
consumption that varies as a function of the time displayed. DOE is not
amending the substance of the 10-minute test method that is currently
provided for these products in the microwave oven test procedure, which
reference provisions from IEC Standard 62301 (First Edition). Today's
final rule also adopts necessary editorial changes to appendix I to
allow for the correct referencing of the Second Edition, including
definitions and section numbering.
D. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''
In the March 2011 Interim Final Rule, DOE adopted a definition of
``standby mode'' based on the definitions provided in IEC Standard
62301 (FDIS), as follows:
``Standby mode'' is 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:
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. 76 FR 12825,
12834 (Mar. 9, 2011).
DOE also adopted in its amendments to the test procedure the
clarification, provided as a note accompanying the definition of
standby mode in IEC Standard 62301 (FDIS), that a timer is a continuous
clock function (which may or may not be associated with a display) that
provides regularly scheduled tasks (e.g. switching) and that operates
on a continuous basis. Id.
DOE also adopted definitions of ``off mode'' and ``active mode''
based on the definitions provided in IEC Standard 62301 (FDIS), as
follows:
``Off mode'' is the condition in which an energy-using
product 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. An indicator that only shows the user that the
product is in the off position is included within the classification of
off mode. Id.
``Active mode(s)'' is the condition in which an energy-
using product is connected to a mains power source and at least one
primary function is activated. Id.
In the November 2011 TP SNOPR, DOE did not propose changing these
definitions in light of its proposal to reference the updated version
of IEC Standard 62301, because these definitions have the same
functional equivalence to those in both IEC Standard 62301 (FDIS) and
IEC Standard 62301 (Second Edition). DOE did, however, propose to make
non-substantive editorial changes to clarify for the reader the
description of the user-oriented or protective functions associated
with standby mode operation in the definition of standby mode in 10 CFR
part 430, subpart B, appendix I, section 1.13. 76 FR 72332, 72343 (Nov.
23, 2011). DOE did not revise these proposals for mode definitions in
the May 2012 TP SNOPR.
DOE did not receive any comments regarding these proposals, and
thus amends the microwave oven test procedure in today's final rule to
provide those clarifications in the definition of standby mode, which
is now included as section 1.17 in 10 CFR part 430, subpart B, appendix
I.
E. Specifications for the Test Methods and Measurements for Microwave
Oven Standby Mode and Off Mode Testing
As discussed in section III.A, DOE has determined that for products
combining a microwave oven with other appliance functionality, the
compartment incorporating microwave cooking capability would be
considered to meet the definition of a microwave oven at 10 CFR 430.2.
As a result, DOE proposed in the May 2012 TP SNOPR testing procedures
specifically for such combined products. In particular, DOE proposed
that the standby mode and off mode power for combined products be
measured according to the same methodology proposed in the November
2011 TP SNOPR for microwave ovens; i.e., according to the provisions
incorporated from IEC Standard 62301 (Second Edition), except in the
case in which standby mode power consumption varies as a function of
displayed time. In that case, the standby mode power would be measured
for the entire product according to the method outlined in the November
2011 TP SNOPR. To determine the standby mode and off mode power
associated with the microwave oven portion only, apportionment factors
representing the fractional contribution of the microwave oven portion
to the total standby mode and off mode power consumption would be
multiplied by the overall standby mode and off mode power measurements.
DOE further proposed specific standby mode apportionment factors for
products that incorporate microwave ovens and conventional cooking
products. The proposed amendments would also allow a manufacturer, upon
submission of suitable supporting information to DOE, to use alternate
apportionment values for such combined products. Manufacturers of
combined products for which specific apportionment values were not
provided in the test procedure would also be required to submit
information as to the appropriate values for their products. 77 FR
28805, 28810-12 (May 16, 2012).
AHAM and Whirlpool objected to the method of apportionment factors
for measuring standby mode and off mode energy use for combined
products, stating that DOE's analysis was based on data derived from an
insufficient sample size and to regulate a combined product on that
basis would be arbitrary and unreasonable. (AHAM, No. 40 at pp. 1-2, 4;
Whirlpool, No. 41 at pp. 1-2)
[[Page 4022]]
Whirlpool also stated that the standby power of a combined product
cannot be logically divided, and that off mode power may apply to one
functional component of a combined product but not the other.
(Whirlpool, No. 41 at pp. 2-3) AHAM commented that, under the
apportionment approach, third-party laboratories would be unable to
conduct verification testing, because they would be unable to determine
how to divide standby power among the functional components. (AHAM, No.
40 at p. 2) AHAM and Whirlpool further commented that the apportionment
method would, in effect, regulate the standby power of the other
functional component in addition to the microwave oven portion, which
is outside of the scope of this rulemaking and would be unreasonable
and arbitrary. (AHAM, No. 40 at p. 3, Whirlpool, No. 41 at p. 2)
According to Whirlpool, the conventional cooking component of a
combined product would be subject to energy conservation standards,
while other conventional cooking products would not, creating an unfair
competitive advantage for manufacturers of the unregulated products.
As discussed in section III.A of this notice, DOE has decided not
to adopt methodology in its microwave oven test procedure at this time
for measuring the standby mode and off mode energy use of the microwave
portion of combined products. Therefore, DOE does not need to further
address these comments in today's final rule. DOE may choose to
initiate a separate rulemaking at a later date that would address
standby and off mode energy use of combined products, at which time
such comments could again be raised.
F. Technical Clarifications
DOE proposed in the November 2011 TP SNOPR to make minor editorial
changes in 10 CFR part 430, subpart B, appendix I, section 2.2.1.1 to
aid the reader by presenting the electrical supply voltages
consistently for microwave ovens and conventional cooking products, and
also in section 1.12 to clarify the alternative use of metric units for
various measurements and calculations in the conventional cooking
products test procedure. 76 FR 72331 (Nov. 23, 2011). DOE did not
revise this proposal for the May 2012 TP SNOPR, and did not receive any
comments regarding these clarifications in response to either notice.
Therefore, DOE adopts these clarifications to appendix I in today's
final rule, although section 1.12 is now designated as section 1.16.
G. Compliance With Other EPCA Requirements
1. Test Burden
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))
In the March 2011 Interim Final Rule, DOE concluded that the
amended test procedure would produce test results that measure the
power consumption of covered products during a representative average
use cycle as well as annual energy consumption, and that the test
procedure would not be unduly burdensome to conduct. 76 FR 12825, 12840
(March 9, 2011).
The amendments to the DOE test procedures proposed in the November
2011 TP SNOPR would be based on an updated version of IEC Standard
62301, specifically IEC Standard 62301 (Second Edition). For the
reasons discussed in the November 2011 TP SNOPR, DOE concluded that the
proposed amended test procedures would produce test results that
measure the standby mode and off mode power consumption during
representative use, and that the test procedures would not be unduly
burdensome to conduct. 76 FR 72332, 72344-45 (Nov. 23, 2011).
Whirlpool stated that it considers the test burden acceptable.
However, Whirlpool added that this is contingent upon its comments on
the following topics: (1) The exclusion of all products with multiple
cavities, with one cavity having microwave capability and the other
having a conventional oven, as covered products, (2) the proposed use
of IEC Standard 62301 (Second Edition), (3) the measurement of total
harmonic distortion before and/or after the actual test, and (4) the
use of a manufacturer-determined stabilization period at the start of
standby power testing for microwave ovens with clocks. (Whirlpool, No.
33 at p. 2)
For the reasons discussed in section III.A of this notice, DOE
determined in today's final rule to cover all products with a microwave
oven component, including products that combine a microwave oven with
other appliance functionality, for the purposes of the microwave oven
test procedure. However, DOE is not adopting provisions to measure the
standby mode and off mode energy use of the microwave oven portion of
combined products at this time.
Today's final rule also adopts amendments to the test procedure
that incorporate by reference IEC Standard 62301 (Second Edition) and
provisions that allow the measurement of total harmonic distortion
before and/or after the actual test, which are in accordance with
Whirlpool's comments. The amendments do not, however, include
Whirlpool's recommendation that the stabilization period for microwave
ovens with power consumption that varies as a function of the time
displayed be set according to the time it takes for the product to
transition to its lowest power state. DOE determined that a fixed 10-
minute stabilization period prior to the start of the 10-minute
measurement period for those products will provide clarity to testing
laboratories and ensure repeatability and reproducibility, which will
outweigh the burden of an additional few minutes of testing time.
DOE concludes that the amended test procedures for microwave ovens
will produce test results that measure the standby mode and off mode
power consumption during representative use, and that the test
procedures will not be unduly burdensome to conduct.
2. Certification Requirements
Sections 6299-6305 of EPCA authorize DOE to enforce compliance with
the energy and water conservation standards established for certain
consumer products. (42 U.S.C. 6299-6305 (consumer products) On March 7,
2011, the Department revised, consolidated, and streamlined its
existing certification, compliance, and enforcement regulations for
certain consumer products and commercial and industrial equipment
covered under EPCA, including microwave ovens. 76 FR 12422. These
regulations are codified in 10 CFR 429.23 (conventional cooking tops,
conventional ovens, microwave ovens).
The certification requirements for microwave ovens consist of a
sampling plan for selection of units for testing and requirements for
certification reports. Because there are no existing energy
conservation standards for microwave ovens, DOE is not amending the
certification reporting requirements for these products. However,
because DOE adopts new metrics in today's final rule (standby mode
power consumption (PSB) and off mode power consumption
(POFF)) for microwave ovens, DOE additionally amends
provisions in the sampling plan in 10 CFR 429.23(a)(2)(i) to include
PSB and POFF.
[[Page 4023]]
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' 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 a regulatory flexibility analysis (RFA) 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 DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel. DOE
reviewed today's final 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 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 estimates
that there is one small business which manufactures a product which
combines a microwave oven with other appliance functionality. However,
because DOE is not amending at this time the test procedures for
microwave ovens to include provisions for measuring the standby mode
and off mode energy use for the microwave oven portion of such combined
products, DOE certifies that today's final rule would not have a
significant economic impact on a substantial number of small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking. DOE will transmit the certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the SBA
for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of microwave ovens must certify to DOE that their
products comply with any applicable energy conservation standards. In
certifying compliance, manufacturers must test their products according
to the DOE test procedures for microwave ovens, including any
amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
microwave ovens. (76 FR 12422 (March 7, 2011). The collection-of-
information requirement for the certification and recordkeeping is
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been approved by OMB under OMB control
number 1910-1400. Public reporting burden for the certification is
estimated to average 20 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.
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 final rule, DOE amends its test procedure 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 affecting the amount, quality or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any
rulemaking that interprets or amends an existing rule without changing
the environmental effect of that rule. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. 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 it will follow in the development of such
regulations. 65 FR 13735. DOE examined this final rule and determined
that it will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the products that are the
subject of today's final rule. States can petition DOE for exemption
from such preemption to the extent, and based on criteria, set forth in
EPCA. (42
[[Page 4024]]
U.S.C. 6297(d)) No further action is required by Executive Order 13132.
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: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting 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 a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and 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 small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined today's
final rule according to UMRA and its statement of policy and determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the 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 final rule will not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed today's final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
Today's regulatory action is not a significant regulatory action
under Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
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 Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a rule
authorizes or requires use of commercial standards, the rulemaking must
inform the public of the use and background of such standards. In
addition, section 32(c) requires DOE to consult with the Attorney
General and the Chairman of the Federal Trade Commission (FTC)
concerning the impact of the commercial or industry standards on
competition.
The final rule incorporates testing methods contained in the
following commercial standards:
1. IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' (First Edition, June 2005).
[[Page 4025]]
2. IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' Edition 2.0, 2011-01.
DOE has evaluated these standards and is unable to conclude whether
they fully comply with the requirements of section 32(b) of the FEAA,
i.e., whether they were developed in a manner that fully provides for
public participation, comment, and review. DOE has consulted with the
Attorney General and the Chairman of the FTC about the impact on
competition of using the methods contained in these standards and has
received no comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Reporting and
recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on January 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends parts 429 and
430 of Chapter II of Title 10, Code of Federal Regulations as set forth
below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
2. Section 429.23 is amended by revising paragraph (a)(2)(i)
introductory text to read as follows:
Sec. 429.23 Conventional cooking tops, conventional ovens, microwave
ovens.
(a) * * *
(2) * * *
(i) Any represented value of estimated annual operating cost,
energy consumption, standby mode power consumption, off mode power
consumption, or other measure of energy consumption of a basic model
for which consumers would favor lower values shall be greater than or
equal to the higher of:
* * * * *
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
3. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
4. Section 430.2 is amended by:
0
a. Revising the definitions of ``Microwave/conventional range'' and
``Microwave oven''; and
0
b. Adding the definitions for ``Convection microwave oven'',
``Microwave/conventional cooking top'', and ``Microwave/conventional
oven'' in alphabetical order.
The revisions and additions read as follows:
Sec. 430.2 Definitions.
* * * * *
Convection microwave oven means a microwave oven that incorporates
convection features and any other means of cooking in a single
compartment.
* * * * *
Microwave/conventional cooking top means a class of kitchen ranges
and ovens that is a household cooking appliance consisting of a
microwave oven and a conventional cooking top.
Microwave/conventional oven means a class of kitchen ranges and
ovens that is a household cooking appliance consisting of a microwave
oven and a conventional oven in separate compartments.
Microwave/conventional range means a class of kitchen ranges and
ovens that is a household cooking appliance consisting of a microwave
oven and a conventional oven in separate compartments and a
conventional cooking top.
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 convection microwave ovens.
* * * * *
0
5. Appendix I to Subpart B of part 430 is amended:
0
a. By revising the note after the heading;
0
b. In section 1. Definitions, by revising sections 1.16 and 1.17:
0
c. In section 2. Test Conditions, by revising sections 2.1.3, 2.2.1.1,
2.2.1.2, 2.5.2, 2.6, and 2.9.1.3; and
0
d. In section 3. Test Methods and Measurements, by revising sections
3.1.4.1, and 3.2.4.
The revisions read as follows:
Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Conventional Ranges, Conventional Cooking
Tops, Conventional Ovens, and Microwave Ovens
Note: Any representation made after April 29, 2013 related to
standby mode and off mode energy consumption of conventional ranges,
conventional cooking tops, and conventional ovens, or after July 17,
2013 for standby and off mode energy consumption of microwave ovens,
must be based upon results generated under this test procedure.
Any representation related to standby mode and off mode energy
consumption of microwave ovens made between February 19, 2013 and
July 17, 2013 may be based upon results generated under this test
procedure or upon the test procedure as it appeared at 10 CFR part
430, subpart B, appendix I as contained in the 10 CFR parts 200 to
499 edition revised as of January 1, 2012.
Upon the compliance date(s) of any energy conservation
standard(s) for conventional ranges, conventional cooking tops,
conventional ovens, and microwave ovens that incorporates standby
mode and off mode energy consumption, use of the applicable
provisions of this test procedure to demonstrate compliance with the
energy conservation standard will also be required.
1. Definitions
* * * * *
1.16 Standard cubic foot (or liter (L)) of gas means that
quantity of gas that occupies 1 cubic foot (or alternatively
expressed in L) when saturated with water vapor at a temperature of
60[emsp14][deg]F (15.6 [deg]C) and a pressure of 30 inches of
mercury (101.6 kPa) (density of mercury equals 13.595 grams per
cubic centimeter).
1.17 Standby mode means any mode in which a conventional cooking
top, conventional oven, conventional range, or microwave oven is
connected to a main power source and offers one or more of the
following user-oriented or protective functions which may persist
for an indefinite time: (a) facilitation of the activation of other
modes (including activation or deactivation
[[Page 4026]]
of active mode) by remote switch (including remote control),
internal sensor, or timer; (b) provision of continuous functions,
including information or status displays (including clocks) or
sensor-based functions. A timer is a continuous clock function
(which may or may not be associated with a display) that allows for
regularly scheduled tasks and that operates on a continuous basis.
* * * * *
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 of this
appendix. The microwave oven shall also be installed in accordance
with Section 5, Paragraph 5.2 of IEC 62301 (Second Edition)
(incorporated by reference; see Sec. 430.3), disregarding the
provisions regarding batteries and the determination,
classification, and testing of relevant modes. A watt meter shall be
installed in the circuit and shall be as described in section
2.9.1.3 of this appendix.
* * * * *
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 2 percent except that
basic models rated only at 208/120 volts shall be tested at that
rating 2 percent. For microwave oven testing, maintain
the electrical supply to the unit at 240/120 volts 1
percent. Maintain the electrical supply frequency for all products
at 60 hertz 1 percent.
2.2.1.2 Supply voltage waveform. For the standby mode and off
mode testing, maintain the electrical supply voltage waveform as
indicated in Section 4, Paragraph 4.3.2 of IEC 62301 (Second
Edition) (incorporated by reference; see Sec. 430.3). For microwave
oven standby mode and off mode testing, if the power measuring
instrument used for testing is unable to measure and record the
total harmonic content during the test measurement period, it is
acceptable to measure and record the total harmonic content
immediately before and after the test measurement period.
* * * * *
2.5.2 Standby mode and off mode ambient temperature. For standby
mode and off mode testing, maintain room ambient air temperature
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301
(Second Edition) (incorporated by reference; see Sec. 430.3).
2.6 Normal nonoperating temperature. All areas of the appliance
to be tested shall attain the normal nonoperating temperature, as
defined in section 1.12 of this appendix, 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 of this appendix, 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 meet the
requirements specified in Section 4, Paragraph 4.4 of IEC 62301
(Second Edition) (incorporated by reference; see Sec. 430.3). For
microwave oven standby mode and off mode testing, if the power
measuring instrument used for testing is unable to measure and
record the crest factor, power factor, or maximum current ratio
during the test measurement period, it is acceptable to measure the
crest factor, power factor, and maximum current ratio immediately
before and after the test measurement period.
* * * * *
3. Test Methods and Measurements
* * * * *
3.1.4.1 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 (Second Edition) (incorporated by
reference; see Sec. 430.3), allow sufficient time for the microwave
oven to reach the lower power state before proceeding with the test
measurement. Follow the test procedure as specified in Section 5,
Paragraph 5.3.2 of IEC 62301 (Second Edition). For units in which
power varies as a function of displayed time in standby mode, set
the clock time to 3:23 and use the average power approach described
in Section 5, Paragraph 5.3.2(a) of IEC 62301 (First Edition), but
with a single test period of 10 minutes +0/-2 sec after an
additional stabilization period until the clock time reaches 3:33.
If a microwave oven is capable of operation in either standby mode
or off mode, as defined in sections 1.17 and 1.13 of this appendix,
respectively, or both, test the microwave oven in each mode in which
it can operate.
* * * * *
3.2.4 Microwave oven test standby mode and off mode power. Make
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301
(Second Edition) (incorporated by reference; see Sec. 430.3). If
the microwave oven is capable of operating in standby mode, as
defined in section 1.17 of this appendix, measure the average
standby mode power of the microwave oven, PSB, in watts
as specified in section 3.1.4.1 of this appendix. If the microwave
oven is capable of operating in off mode, as defined in section 1.13
of this appendix, measure the average off mode power of the
microwave oven, POM, as specified in section 3.1.4.1.
* * * * *
[FR Doc. 2013-00917 Filed 1-17-13; 8:45 am]
BILLING CODE 6450-01-P