Energy Conservation Program: Test Procedures for Conventional Cooking Products With Induction Heating Technology, 6232-6247 [2013-01526]

Download as PDF mstockstill on DSK4VPTVN1PROD with 6232 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules keep records of the placement of traps, trap visits, trap counts, and treatments for each registered place of production and make the records available to APHIS upon request. (2) All apricots for export from continental Spain to the United States must be treated for C. capitata in accordance with part 305 of this chapter. (h) Post-harvest procedures. The apricots must be safeguarded by a pestproof screen, plastic tarpaulin, or by some other pest-proof barrier while in transit to the packinghouse and while awaiting packing. They must be packed within 24 hours of harvest into pestproof cartons or containers or covered with pest-proof mesh or a plastic tarpaulin for transport to the United States. These safeguards must remain intact until arrival of the consignment in the United States. (i) Packinghouse requirements. Packing of apricots for export to the United States must be conducted within a packinghouse registered and approved by the NPPO of Spain. Packinghouses in which apricots are packed for export to the United States must be able to exclude quarantine pests. All openings to the outside of the packinghouse must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents pests from entering. The packinghouse must have double self-closing doors at the entrance to the facility and at the interior entrance to the area where the apricots are to be packed. During the time the packinghouse is used to pack and export apricot fruit to the United States, the packinghouse must only accept fruit from places of production registered and approved by the NPPO of Spain. (j) Phytosanitary inspection. (1) A biometric sample of apricot fruit jointly agreed upon by APHIS and the NPPO of Spain must be inspected in Spain by the NPPO of Spain following post-harvest processing. The sample must be visually inspected for the quarantine pests A. erythrostoma, C. funebrana, and M. fructigena. A portion of the fruit must be cut open and inspected for C. capitata. If any of these quarantine pests are found, the entire consignment of apricot fruit will be prohibited from importation into the United States. (2) Fruit presented for inspection at a U.S. port of entry must be identified in the shipping documents accompanying each lot of fruit that specify the place of production in which the fruit was produced and the packinghouse in which the fruit was processed. This identification must be maintained until the fruit is released for entry into the United States. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 (k) Phytosanitary certificate. Each consignment of apricot fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Spain that states that the fruit has been treated for C. capitata in accordance with 7 CFR part 305 and includes an additional declaration that the fruit in the consignment was inspected and found free from A. erythrostoma, C. capitata, C. funebrana, and M. fructigena. Done in Washington, DC, this 25th day of January 2013. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2013–02021 Filed 1–29–13; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE–2012–BT–TP–0013] RIN 1904–AC71 Energy Conservation Program: Test Procedures for Conventional Cooking Products With Induction Heating Technology Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking; public meeting. AGENCY: The U.S. Department of Energy (DOE) proposes to revise its test procedures for cooking products established under the Energy Policy and Conservation Act. Test procedures for cooking products can be found at DOE’s regulations for Energy Conservation Program for Consumer Products, subpart B, appendix I (Appendix I). The proposed amendments to Appendix I would amend the test method for measuring the energy efficiency of induction cooking tops and ranges. Appendix I does not currently include any test methods applicable to induction cooking products. The proposed amendments would incorporate induction cooking tops by amending the definition of ‘‘conventional cooking top’’ to include induction heating technology. Furthermore, the proposed amendments would require for cooking tops the use of test equipment compatible with induction technology as well as with gas burners and electric resistance heating elements. Specifically, the amendments would replace the solid aluminum test blocks currently specified in the test procedure for cooking tops with hybrid test blocks comprising two separate SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 pieces: an aluminum body and a stainless steel base. Appendix I currently specifies the test block size for electric cooking tops based on the surface unit diameter; however, there are no provisions for determining which test block size to use for non-circular electric surface units. The proposed amendments include a clarification that the test block size be determined using the smallest dimension of the electric surface unit. DATES: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than April 15, 2013. See section V, ‘‘Public Participation,’’ for details. DOE will hold a public meeting on Monday, March 4, 2013, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a Webinar. See section V, ‘‘Public Participation,’’ for Webinar registration information, participant instructions, and information about the capabilities available to Webinar participants. ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E–089, 1000 Independence Avenue SW., Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at (202) 586–2945. Persons can attend the public meeting via Webinar. For more information, refer to the Public Participation section near the end of this notice. Comments: Comments may be submitted using any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. 2. Email: Induction-Cooking-Prod2012–TP–0013@ee.doe.gov Include the docket number and/or RIN in the subject line of the message. 3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. If possible, please submit all items on a CD. It is not necessary to include printed copies. 4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586–2945. If possible, please submit all items on a CD. It is not necessary to include printed copies. For detailed instructions on submitting comments and additional information on the rulemaking process, see section V of this document (Public Participation). E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules Docket: 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+PR+N+O+SR+ PSrpp=50;so=DESC;sb=postedDate;po= 0;D=EERE–2012-BT-TP-0013. 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. See section V for information on how to submit comments through regulations.gov. For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, 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) 202–287–6307. Email: Ari.Altman@hq.doe.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with Table of Contents I. Authority and Background A. General Test Procedure Rulemaking Process B. Test Procedures for Cooking Products II. Summary of the Notice of Proposed Rulemaking III. Discussion A. Products Covered by This Test Procedure Rulemaking B. Effective Date C. Active Mode Test Procedure 1. Aluminum Test Blocks 2. Carbon Steel Test Blocks 3. Carbon Steel Hybrid Test Blocks 4. Stainless Steel Hybrid Test Blocks 5. Water-Heating Tests 6. Non-Circular Electric Surface Units D. Standby and Off Mode Test Procedure E. Compliance With Other EPCA Requirements IV. Procedural Issues and Regulatory Review VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 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 V. Public Participation A. Attendance at Public Meeting B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of Public Meeting D. Submission of Comments E. Issues on Which DOE Seeks Comment 1. Proposed Amended Definitions 2. Stainless Steel Hybrid Test Blocks 3. Water-Heating Test 4. Non-Circular Electric Surface Units 5. Standby and Off Mode VI. 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 residential kitchen ranges and ovens, the subject of today’s notice of proposed rulemaking (NOPR). (42 U.S.C. 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 efficiency of those products. Similarly, DOE must use these test requirements to determine whether the products comply with any relevant standards promulgated under EPCA. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 6233 A. 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 in relevant part 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. . (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)) B. Test Procedures for Cooking Products DOE’s test procedures for conventional ranges, conventional cooking tops, conventional ovens, and microwave ovens are codified at appendix I to subpart B of Title 10 of the Code of Federal Regulations (CFR) (Appendix I). DOE established the test procedures in a final rule published in the Federal Register on May 10, 1978. 43 FR 20108, 20120–28. These test procedures did not cover induction cooking products because they were, at the time, relatively new products, and represented a small share of the market. 43 FR 20117. DOE revised its test procedures for cooking products to more accurately measure their efficiency and energy use, and published the revisions as a final rule in 1997. 62 FR 51976 (Oct. 3, 1997). These test procedure amendments did not address induction cooking, but included: (1) A reduction in the annual useful cooking energy; (2) a reduction in the number of selfcleaning oven cycles per year; and (3) incorporation of portions of International Electrotechnical Commission (IEC) Standard 705–1988, ‘‘Methods for measuring the performance of microwave ovens for E:\FR\FM\30JAP1.SGM 30JAP1 6234 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules household and similar purposes,’’ and Amendment 2–1993 for the testing of microwave ovens. Id. The test procedures for conventional cooking products establish provisions for determining estimated annual operating cost, cooking efficiency (defined as the ratio of cooking energy output to cooking energy input), and energy factor (defined as the ratio of annual useful cooking energy output to total annual energy input). 10 CFR 430.23(i); Appendix I. These provisions for conventional cooking products are not currently used for compliance with any energy conservation standards because the present standards only regulate design requirements, nor is there an EnergyGuide 1 labeling program for cooking products. DOE recently conducted a separate rulemaking to address standby and off mode energy consumption, as well as certain active mode testing provisions, for residential dishwashers, dehumidifiers, and conventional cooking products. DOE published a final rule on October 31, 2012 (77 FR 65942, hereafter referred to as the October 2012 Final Rule), adopting standby and off mode provisions that satisfy the EISA 2007 amendments to EPCA, which require DOE to include measures of standby mode and off mode energy consumption in its test procedures for residential products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) II. Summary of the Notice of Proposed Rulemaking mstockstill on DSK4VPTVN1PROD with In today’s NOPR, DOE proposes amendments to the test procedures in Appendix I that would allow for testing the active mode energy consumption of induction cooking products; i.e., conventional cooking tops and ranges equipped with induction heating technology for one or more surface units on the cooking top.2 The term surface unit refers to burners for gas cooking tops, electric resistance heating elements for electric cooking tops, and inductive heating elements for induction cooking tops. Under the proposed amendments, which would amend the definition of ‘‘conventional cooking top’’ to include products with induction heating, induction cooking products would be tested according to the same test procedures as conventional cooking products. 1 For more information on the EnergyGuide labeling program, see: www.access.gpo.gov/nara/ cfr/waisidx_00/16cfr305_00.html. 2 DOE is not aware of any residential conventional ovens that use induction heating technology that are available on the market in the United States. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 The current test method for conventional cooking tops (which is also used for the cooking top portion of conventional ranges) involves heating a solid aluminum test block on each surface unit of the cooking top. The cooking top cooking efficiency is determined by averaging the efficiencies of all surface units on the cooking top. The proposed test procedure would replace the aluminum test blocks currently specified for conventional cooking top testing with hybrid test blocks comprising two separate stacked pieces: a stainless steel alloy 430 base, which is compatible with the induction technology, and an aluminum body. The proposed hybrid test blocks would have the same outer diameters and heat capacities as the existing aluminum test blocks. DOE considered other potential test blocks, including blocks made entirely of carbon steel alloy 1018, and hybrid blocks with carbon steel bases, but found the results using those blocks to be less repeatable than for the hybrid blocks with stainless steel alloy 430 bases. DOE also considered an alternate test method based on heating water. While this method may better represent actual consumer use, DOE is not proposing a water-heating test procedure due to concerns regarding repeatability, and to maintain consistency with the existing test procedure for conventional cooking tops and ranges. In today’s NOPR, DOE further proposes methodology to determine the required test block size for all electric surface units, including those that are non-circular. III. Discussion A. Products Covered by This Test Procedure Rulemaking As discussed in section I of this NOPR, the test procedures currently in Appendix I do not apply to induction cooking products. Induction products were not considered in the initial final rule to establish these test procedures because of their relatively small market share in 1978. 43 FR 20117. Today’s proposal would amend the DOE test procedures for conventional cooking tops and ranges to cover induction cooking products. Although induction cooking products started as a niche product with a very small market share, a recent survey of major retailers indicates that roughly 10 percent of all cooking tops currently available on the market now use induction heating. Additionally, the three manufacturers comprising more than 84 percent of the market for PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 conventional ranges 3 each offer multiple induction cooking products. Given the increased availability of induction cooking products, DOE believes these products now warrant inclusion in the Appendix I test procedures to allow for consideration in future rulemaking analyses. Induction cooking products use an oscillating magnetic field, produced by alternating current through a coil under the cooking top surface, to generate (‘‘induce’’) current in the cooking vessel. The current in turn creates heat in the cooking vessel due to the electrical resistance of the metal, and the heat is transferred to the food load by means of conduction and convection. In order for the current to be induced and the induction technology to function properly, the cooking vessel must be made of a ferromagnetic material, such as steel or iron. As discussed further in section III.C of this NOPR, the amendments proposed in today’s notice would apply to conventional cooking products in general, including induction cooking products. DOE currently defines ‘‘cooking products’’ as the major household cooking appliances that cook or heat food by gas, electricity, or microwave energy, and include conventional ranges, conventional cooking tops, conventional ovens, microwave ovens, microwave/ conventional ranges and other cooking products. 10 CFR 430.2. A ‘‘conventional cooking top’’ contains one or more surface units which include either a gas flame or electric resistance heating. Id. A ‘‘conventional range’’ consists of a conventional cooking top and one or more conventional ovens. Id. The current definition of ‘‘conventional cooking top,’’ and by extension, the definition of ‘‘conventional range,’’ does not refer to heating by means of electricity other than electric resistance heating, which would preclude induction heating. Because of the increased availability of induction cooking products discussed in the beginning of this section, DOE is proposing to amend the definition of ‘‘conventional cooking top’’ to a household cooking appliance within a class of kitchen ranges and ovens, each of which consists of a horizontal surface containing one or more surface units that utilize a gas flame, electric resistance heating, or electric inductive heating. The definition of ‘‘conventional range’’ would remain unchanged, but 3 GE, Whirlpool, and Electrolux, as reported in ‘‘U.S. Appliance Industry: Market Share, Life Expectancy & Replacement Market, and Saturation Levels’’. Appliance Magazine Market Research Report, January 2010. E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules would newly cover products with a conventional oven and a cooking top that heats by means of induction technology. Appendix I also includes a definition of ‘‘active mode,’’ which references production of heat by means of a gas flame, electric resistance heating, or microwave energy. 10 CFR part 430, subpart B, appendix I. As with the definition of ‘‘conventional cooking top,’’ this definition does not cover induction cooking products. DOE proposes to revise the definition of ‘‘active mode’’ to a mode in which a conventional cooking top, conventional oven, conventional range, or microwave oven is connected to a mains power source, has been activated, and is performing the main function of producing heat by means of a gas flame, electric resistance heating, electric inductive heating, or microwave energy. The definition would include the current clarification that delay start mode is a one-off user-initiated short duration function that is associated with an active mode. This definition would be consistent with the proposed definition of ‘‘conventional cooking top.’’ DOE requests comment on the proposed amended definitions of conventional cooking top and active mode. B. Effective Date The amended test procedure would become effective 30 days after any test procedure final rule is published in the Federal Register. The amendments would require that as of 180 days after publication of any test procedure final rule, representations related to the energy consumption of conventional cooking products, including induction cooking products, must be based upon results generated under the applicable provisions of the amended test procedures in Appendix I. (42 U.S.C. 6293(c)(2)) C. Active Mode Test Procedure The current test procedure for conventional cooking tops involves heating an aluminum test block on each surface unit of the cooking top. Two aluminum test blocks, of different diameters, are specified for testing different surface units. The small test block (6.25 inches diameter) is used for electric surface units with diameters of 7 inches or less, and the large test block (9 inches diameter) is used for electric surface units with diameters greater than 7 inches and all gas surface units. Once the initial test and ambient conditions are met, the surface unit is turned to its maximum energy input setting. After the test block temperature increases by 144 °F, the surface unit is immediately reduced to 25 percent ± 5 percent of the maximum energy input rate for 15 ± 0.1 minutes. The efficiency of the surface unit is calculated as the ratio of the energy transferred to the test block (based on its temperature rise) to the energy consumed by the cooking top during the test. The cooking top cooking efficiency is calculated as the average efficiency of the surface units on the cooking top. 6235 As discussed in section III.A of today’s NOPR, induction cooking products are only compatible with ferromagnetic cooking vessels because their high magnetic permeability concentrates the induced current near the surface of the metal, increasing resistance and thus heating. Aluminum is not a ferromagnetic metal—its lower magnetic permeability allows the magnetic field to penetrate further into the material so that the induced current flows with little resistance, and thus does not heat up when it encounters an oscillating magnetic field. Therefore, the aluminum test blocks, currently required by Appendix I, are not appropriate for testing induction cooking products. DOE conducted testing to investigate potential substitute test blocks for testing induction cooking products. DOE conducted tests on three conventional and three induction cooking tops to determine what effects, if any, the different types of test blocks would have on the test-to-test repeatability and final efficiency results. The test sample included conventional cooking tops to allow for a comparison between the substitute test blocks and the current aluminum test blocks. DOE considered three possible substitute test blocks: carbon steel, carbon steel hybrid, and stainless steel hybrid. Table III.1 describes the construction of the current aluminum test blocks and the three substitute test blocks. TABLE III.1—TEST BLOCK COMPOSITION DESCRIPTIONS Test block composition (component and material) Test block classification mstockstill on DSK4VPTVN1PROD with Aluminum .................................................................................................. Carbon Steel ............................................................................................. Carbon Steel Hybrid ................................................................................. Stainless Steel Hybrid .............................................................................. The diameters and heat capacities of the aluminum test blocks currently specified in Appendix I reflect consumer cooking behavior. DOE is not aware of information indicating cooking behavior has changed. Therefore, each substitute test block was constructed with the same diameter as the current aluminum test blocks (6.25 inches for small and 9 inches for large). Additionally, DOE varied the heights of the substitute test blocks to match the heat capacities of the current aluminum blocks. For the hybrid test blocks, DOE set the thickness of the steel bases at 0.25 inches to be thin enough to VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 One solid aluminum alloy 6061 block. One solid carbon steel alloy 1018 block. Carbon steel alloy 1018 base + Aluminum alloy 6061 body. Stainless steel alloy 430 base + Aluminum alloy 6061 body. represent the thickness of a typical pot or pan while still being thick enough to prevent warping. DOE set the height of the aluminum body in the hybrid test blocks so the overall heat capacity (the sum of the steel base heat capacity and the aluminum body heat capacity) matched that of the current aluminum test blocks. DOE proposes in today’s NOPR to maintain the test method of heating the test blocks, but to substitute the current aluminum test blocks with the stainless steel hybrid test blocks described above for testing all cooking tops covered by the proposed definition of conventional PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 cooking top (i.e., gas flame, electric resistance heating, and electric inductive heating). Sections III.C.1 through III.C.4 below compare the test results for the different potential test blocks and discuss the rationale for selecting the stainless steel hybrid test block as the substitute. DOE also conducted tests to heat water in cooking vessels to compare test repeatability with the metal block heating tests. Heating water would allow for a test procedure that is more representative of actual consumer usage (in terms of the cooking food load), but would also introduce additional sources E:\FR\FM\30JAP1.SGM 30JAP1 6236 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules of variability. Section III.C.5 below describes the water-heating tests. 1. Aluminum Test Blocks DOE conducted tests using the current aluminum test blocks to establish a baseline for comparison to the candidate substitute test blocks. Appendix I provides specifications for the large and small aluminum test blocks as shown in Table III.2. TABLE III.2—ALUMINUM TEST BLOCK SPECIFICATIONS Test block size Block diameter (inches (in)) Block height (in) Block weight (pounds (lb)) Specific heat (British thermal units (Btu)/(lb-°F)) Heat capacity (Btu/°F) Small ....................................................................... Large ....................................................................... 6.25 ± 0.05 ........ 9 ± 0.05 ............. 2.8 .................... 3 ....................... 8.5 ± 0.1 .............. 19 ± 0.1 ............... 0.23 ................. 0.23 ................. 1.96 4.37 Because aluminum is not compatible with induction cooking, DOE only tested the aluminum blocks on the three conventional cooking tops (2 electric and 1 gas cooking tops), in the test sample. The small test block was used for electric surface units with diameters of 7 inches or less. The large test block was used for electric surface units with diameters greater than 7 inches and all gas surface units, as required by Appendix I. DOE did not test every surface unit on each cooking top in the test sample because most cooking tops include multiple surface units of equal diameter and power rating. Prior investigative testing showed that surface units with equal diameters and power ratings on the same cooking top have similar performance. In these cases, DOE tested only one of the identical surface units to limit the total number of tests. Cooking Top A has electric resistance heating in open coils, Cooking Top B has electric resistance heating under a smooth ceramic surface, and Cooking Top C has gas-flame burners. Table III.3 summarizes the test results using the aluminum blocks for surface units on these products. The surface unit numbers included in Table III.3 are used to differentiate between surface units on the same cooking top. The values listed for each surface unit summarize the data from five tests, except where noted. TABLE III.3—ALUMINUM TEST BLOCK RESULTS Test block size Cooking top Surface unit Heating technology Large ....................................................... A ............ B ............ Electric Coil ................................ Electric Smooth .......................... Small ....................................................... C ............ A ............ B ............ Gas ............................................ Electric Coil ................................ Electric Smooth .......................... 1 1 2 1 2 3 Mean efficiency % 71.03 54.22 65.19 a b 18.96 65.04 61.70 Standard deviation % 2.22 0.64 1.06 a 1.01 2.73 0.73 95-percent confidence interval (±) % 2.76 0.80 1.32 a 1.60 3.39 0.90 mstockstill on DSK4VPTVN1PROD with a Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are typically lower than for electric resistance heating elements. b Results lower than expected due to a meter error, but consistently low from test-to-test. As shown in Table III.3, a set of five tests using the aluminum test block on the surface units with electric resistance or gas flame heating produced standard deviations of less than 3 percent for each surface unit. These standard deviations correspond to 95-percent confidence intervals within 4 percent of the mean efficiency. DOE is aware that the mean efficiency listed for the gas surface unit is lower than expected. Typically, gas surface units have efficiencies at or above 40 percent. The lower-than-expected efficiency suggests the magnitudes of the gas consumption for these tests as measured by the meter are likely higher than the actual consumption. The surface unit tested on Cooking Top C has a maximum energy output rating of VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 9,200 Btu per hour. However, the measured gas use for each test was consistently about 55 percent greater than the maximum rating at the maximum energy input rate setting, suggesting the meter overstated the gas consumption. Although the meter readings affected the magnitude of the gas surface unit efficiency results, DOE believes the results still provide meaningful information for assessing the candidate test blocks. The purpose of the testing was to compare the testing results, in terms of repeatability and overall efficiency, across the different test block types, and not necessarily to compare efficiencies from unit-to-unit. DOE observed the same low efficiencies and high gas consumptions in the tests on PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 the substitute test blocks described in sections III.C.2 though III.C.5 of this NOPR, so the results for the gas cooking top can still be compared between the different test blocks. The high meter readings do not allow a consistent comparison of the gas surface unit efficiency to the electric surface units, but gas surface units typically have efficiencies in a lower range compared to electric surface units. 2. Carbon Steel Test Blocks DOE conducted tests using solid carbon steel test blocks with the specifications shown in Table III.4, matching the aluminum test blocks in diameter and heat capacity. E:\FR\FM\30JAP1.SGM 30JAP1 6237 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules TABLE III.4—CARBON STEEL TEST BLOCK SPECIFICATIONS Block diameter (in) Test block size Small ...................................................... Large ...................................................... Block height (in) 6.25 9 DOE tested the carbon steel blocks on all six cooking tops in the test sample, comprising the three conventional cooking tops discussed in section III.C.1 and three induction cooking tops. Cooking Tops D and E are built-in induction cooking tops, and Cooking Block weight (lb) 1.93 2.09 Specific heat (Btu/lb-°F) 16.85 37.67 Top F is a portable, single-element induction cooking top. Table III.5 summarizes the test results using the carbon steel test blocks for surface units on these products. As described in section III.C.1, DOE did not test multiple surface units with equal Heat capacity (Btu/°F) 0.116 0.116 1.96 4.37 diameters on the same cooking top, and the surface unit numbers included in the table are used to differentiate between surface units on the same cooking top. TABLE III.5—CARBON STEEL TEST BLOCK RESULTS Test block size Cooking top Heating technology Large ................................................. A ............ B ............ Electric Coil ...................................... Electric Smooth ................................ C ............ D ............ E ............ F ............. A ............ B ............ D ............ Gas ................................................... Induction ........................................... Induction ........................................... Induction ........................................... Electric Coil ...................................... Electric Smooth ................................ Induction ........................................... E ............ Induction ........................................... Small ................................................. Mean efficiency % Surface unit 1 1 2 1 1 1 1 2 3 2 3 2 95-percent confidence interval (±) % Standard deviation % 69.79 53.19 63.24 a b 18.67 63.92 67.78 67.93 64.61 60.44 64.10 60.89 62.86 1.59 1.28 2.03 a 0.92 2.30 0.68 0.56 0.54 1.55 1.04 2.70 1.08 1.97 1.60 2.52 a 1.46 2.86 0.84 0.70 0.67 1.93 1.29 3.35 1.34 a Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are typically lower than for electric resistance heating elements. b Results lower than expected due to a meter error, but consistently low from test-to-test. The results in Table III.5 for carbon steel test blocks are comparable to the test results for the aluminum test blocks presented in Table III.3. The mean efficiencies for the carbon steel blocks were slightly lower than the aluminum test blocks on each surface unit for the conventional cooking tops (Cooking Tops A, B, and C), but the means of the two test block types still fell within the 95-percent confidence intervals for each surface unit. The carbon steel blocks produced results that were just as repeatable as the aluminum test blocks, with standard deviations less than 3 percent for all surface units, and 95percent confidence intervals all within 4 percent of the mean efficiency. Based on these test results, DOE concludes that the carbon steel test blocks are a reasonable substitute for the aluminum test blocks. However, the heating that occurs using a solid block of ferromagnetic material may not be representative of how induction cooking tops actually operate in real-world situations. Typically, induction cooking tops only induce current in a thin layer of ferromagnetic material in the cooking vessel, which then heats up the food load. For this reason, DOE conducted further investigations with hybrid test blocks, as discussed below. 3. Carbon Steel Hybrid Test Blocks DOE conducted additional tests using hybrid test blocks to more closely reflect the real-world operation of induction cooking tops. DOE fabricated carbon steel hybrid test blocks using a 0.25 inch base of carbon steel 1018 with a body of aluminum 6061. Typical cookware is slightly thinner gauge than this base, but DOE chose the base to preclude against warping while the block heats up. Additionally, DOE observed that the portable induction unit is packaged with a steel plate adaptor of roughly the same thickness as DOE’s carbon steel base to allow for cooking with nonferromagnetic cookware. Table III.6 provides the component and overall properties of the carbon steel hybrid test blocks. DOE varied the height of the aluminum bodies so the overall heat capacities of the hybrid blocks would match the solid aluminum test blocks described in section III.C.1. TABLE III.6—CARBON STEEL HYBRID TEST BLOCK SPECIFICATIONS Block diameter (in) mstockstill on DSK4VPTVN1PROD with Test block size Small Carbon Steel Base ................................ Small Aluminum Body ...................................... Small Total ................................................ Large Carbon Steel Base ................................ Large Aluminum Body ..................................... VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 PO 00000 Block height (in) 6.25 6.25 6.25 9 9 Frm 00016 Fmt 4702 Block weight (lb) 0.25 2.5 2.75 0.25 2.72 Sfmt 4702 Specific heat (Btu/lb-°F) 2.06 7.46 9.52 4.27 16.85 E:\FR\FM\30JAP1.SGM 30JAP1 0.116 0.23 0.21 0.116 0.23 Heat capacity (Btu/°F) 0.24 1.72 1.96 0.5 3.87 6238 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules TABLE III.6—CARBON STEEL HYBRID TEST BLOCK SPECIFICATIONS—Continued Block diameter (in) Test block size Large Total ................................................ DOE tested the carbon steel hybrid test blocks on all six cooking tops in the test sample. Table III.7 summarizes the test results using the carbon steel hybrid Block height (in) 9 Block weight (lb) 2.97 Specific heat (Btu/lb-°F) 21.12 test blocks for surface units on these products. As described in section III.C.1, DOE did not test multiple surface units with equal diameters on the same Heat capacity (Btu/°F) 0.21 4.37 cooking top, and the surface unit numbers included in the table are used to differentiate between surface units on the same cooking top. TABLE III.7—CARBON STEEL HYBRID TEST BLOCK RESULTS Test block size Cooking top Heating technology Large ................................................. A ............ B ............ Electric Coil ...................................... Electric Smooth ................................ C ............ D ............ E ............ F ............. A ............ B ............ D ............ Gas ................................................... Induction ........................................... Induction ........................................... Induction ........................................... Electric Coil ...................................... Electric Smooth ................................ Induction ........................................... E ............ Induction ........................................... Small ................................................. Mean efficiency % Surface unit 1 1 2 1 1 1 1 2 3 2 3 2 Standard deviation % 95-Percent confidence interval (±) % 1.87 0.78 0.64 a 0.59 2.68 1.06 3.21 1.87 1.06 0.79 0.65 1.19 2.32 0.97 0.79 a 0.93 3.32 1.31 3.99 2.32 1.32 0.98 0.81 1.48 67.78 52.03 63.59 a b 18.64 65.94 68.17 60.10 64.44 59.71 63.26 62.88 63.27 a Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are typically lower than for electric resistance heating elements. b Results lower than expected due to a meter error, but consistently low from test-to-test. The carbon steel hybrid test block results in Table III.7 are similar to both the aluminum and carbon steel test block results presented in Table III.3 and Table III.5. The efficiencies for the conventional cooking tops are slightly lower than with the aluminum test blocks, and also slightly lower than with the carbon steel test blocks, but within the 95-percent confidence intervals. However, it is not clear what effect the hybrid blocks have on the efficiencies for the induction cooking tops. Five of the six induction surface units have efficiencies nearly equal to or slightly higher than with the single carbon steel test blocks. However, the efficiency for surface unit on Cooking Top F dropped by more than 7 percent. In addition, after conducting multiple tests using the carbon steel hybrid test blocks, DOE observed rust forming on the carbon steel base. DOE was concerned that the rust could lead to inconsistent heat transfer between the carbon steel base and the aluminum body based on the amount of rust present, which would affect thermal contact.4 Thus, DOE conducted another set of tests using hybrid test blocks with stainless steel 430 bases that would be more resistant to rust formation. 4.Stainless Steel Hybrid Test Blocks The specific heats and densities of carbon steel and stainless steel are similar, so bases with the same dimensions have similar heat capacities. Therefore, the same aluminum test bodies were used for both sets of hybrid block tests. Table III.8 describes the component and overall properties of the stainless steel hybrid test blocks. TABLE III.8—STAINLESS STEEL HYBRID TEST BLOCK SPECIFICATIONS Block diameter (in) Test block size mstockstill on DSK4VPTVN1PROD with Small Stainless Steel Base .............................. Small Aluminum Body ...................................... Small Total ................................................ Large Stainless Steel Base ............................. Large Aluminum Body ..................................... Large Total ................................................ Block height (in) 6.25 6.25 6.25 9 9 9 Block weight (lb) 0.25 2.5 2.75 0.25 2.72 2.97 Specific heat (Btu/lb-°F) 2.15 7.46 9.61 4.28 16.85 21.13 0.11 0.23 0.2 0.11 0.23 0.21 Heat capacity (Btu/°F) 0.24 1.72 1.96 0.47 3.87 4.34 DOE tested the stainless steel hybrid test blocks on all six cooking tops in the test sample. Table III.9 summarizes the test results for surface units on these products using the stainless steel hybrid test blocks. As described in section III.C.1, DOE did not test multiple surface units with equal diameters on the same cooking top, and the surface 4 Rust also formed on the solid carbon steel test blocks, which could affect heat transfer and repeatability. These issues would likely be more significant for the carbon steel hybrid test blocks due to the additional heat transfer surface between the base and the test block. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules unit numbers included in the table are 6239 used to differentiate between surface units on the same cooking top. TABLE III.9—STAINLESS STEEL HYBRID TEST BLOCK RESULTS Test block size Cooking top Heating technology Large ................................................. A ............ B ............ Electric Coil ...................................... Electric Smooth ................................ C ............ D ............ E ............ F ............. A ............ B ............ D ............ Gas ................................................... Induction ........................................... Induction ........................................... Induction ........................................... Electric Coil ...................................... Electric Smooth ................................ Induction ........................................... E ............ Induction ........................................... Small ................................................. Surface unit 1 1 2 1 1 1 1 2 3 2 3 2 Mean efficiency % 64.52 49.19 59.60 a b 16.27 64.19 64.32 55.57 62.87 57.75 62.83 60.29 61.81 Standard deviation % 0.87 0.46 0.46 a 1.16 1.28 0.91 1.47 2.36 0.87 1.47 0.68 1.19 95-Percent confidence interval (±) % 1.08 0.57 0.57 a 1.85 1.59 1.13 1.83 2.93 1.08 1.83 0.84 1.47 a Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are typically lower than for electric resistance heating elements. b Results lower than expected due to a meter error, but consistently low from test-to-test. The stainless steel hybrid test block efficiency results in Table III.9 are on average 2.5 percentage points lower than those for the carbon steel hybrid test blocks shown in Table III.7. However, the standard deviations and 95-percent confidence intervals are less than for the aluminum test blocks, the carbon steel test blocks, and the carbon steel hybrid test blocks, as shown in Table III.10. TABLE III.10—TEST BLOCK COMPARISON Average efficiency % Test block type Average standard deviation % Average 95-percent confidence interval (±) % a 56.02 a 1.40 a 1.80 59.78 59.15 56.60 Aluminum ..................................................................................... Carbon Steel ................................................................................ Carbon Steel Hybrid .................................................................... Stainless Steel Hybrid ................................................................. 1.36 1.36 1.10 1.71 1.71 1.40 mstockstill on DSK4VPTVN1PROD with a Values describe data for electric resistance and gas flame surface units only. For comparison, the average efficiencies for the carbon steel, carbon steel hybrid, and stainless steel hybrid blocks on these surface units are 54.99 percent, 54.36 percent, and 51.70 percent respectively. Because the stainless steel hybrid test blocks produce the most repeatable results from test-to-test, DOE is proposing that these test blocks be required for testing induction cooking tops. DOE is also proposing to amend the existing cooking tops test procedure to incorporate the stainless steel hybrid blocks for cooking tops with gas flame or electric resistance heating. This would ensure consistency in results among all products covered by the proposed definition of conventional cooking tops. DOE notes that, although the efficiency results using the stainless steel hybrid test blocks for the cooking tops with gas flame or electric resistance heating are on average 4.3 percentage points lower than for the aluminum test blocks, the relative efficiencies among the various surface units remain generally unchanged. DOE seeks comment on its proposal to require the use of stainless steel hybrid test blocks for testing all cooking tops that would be covered by the proposed VerDate Mar<15>2010 17:58 Jan 29, 2013 Jkt 229001 definition of conventional cooking tops in an amended cooking products test procedure, including the potential burden associated with the requirement for such new test equipment. 5.Water-Heating Tests To investigate additional test methods that may be representative of actual consumer usage, DOE conducted a test series based on water heating in place of metal block heating. Water provides a heating medium that is more representative of actual consumer use, because many foods cooked on a cooking top have a relatively high liquid content. However, water heating introduces additional sources of variability not present for metal block heating—the temperature distribution in the water is not always uniform, the properties of the water can vary from lab to lab, and the ambient conditions and cookware surface effects can have a large impact on the water boiling and evaporating throughout the test. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 DOE is aware of a draft cooking products test method based on water heating that is under development by the International Electrotechnical Commission (IEC). A draft amendment to IEC Standard 60350–2 Edition 1.0 ‘‘Household electric cooking appliances—Part 2: Hobs—Method for measuring performance’’ (Draft IEC 60350 Amendment) specifies heating the water to a certain temperature at the maximum energy input setting, and then turning the unit to a lower energy input setting for an extended simmering period. The Draft IEC 60350 Amendment specifies the quantity of water to be heated in a standardized cooking vessel whose size is based on the diameter of the surface unit. For this analysis, DOE chose the two IEC-specified cooking vessels with diameters closest to the diameters specified for the aluminum test blocks (6.25 inches and 9 inches). The cookware consists of a thin-walled stainless steel cylinder attached to a flat E:\FR\FM\30JAP1.SGM 30JAP1 6240 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules stainless steel 430 base plate. The test method also specifies an aluminum lid with vent holes and a small center hole to fix the thermocouple in the center of the pot. Table III.11 describes the IEC cookware and the quantity of water used for DOE’s testing.5 TABLE III.11—IEC COOKWARE AND WATER SPECIFICATIONS Cookware diameter (in) Cookware size Small ................................................................ Large ................................................................ The Draft IEC 60350 Amendment specifies testing at the maximum energy input rate until a calculated turndown temperature is reached, at which point the energy input rate is reduced to a setting that will maintain the water temperature above 194 °F (a simmering temperature), but as close to 194 °F as possible without additional adjustment of the low-power setting. The test ends 20 minutes after the temperature increases above 194 °F. The turndown temperature is calculated based on an initial test to determine the number of degrees that the temperature continues to rise after turning the unit off from the maximum energy input setting. Energy consumption is measured throughout the entire test, and the final metric Base thickness (in) 5.91 9.45 Total height (in) 0.24 0.24 Lid diameter (in) 4.92 4.92 describes the energy in Watt-hours (Wh) per 1000 grams (g) of water necessary to reach and maintain the simmering temperature. DOE observed during some tests that the water approached boiling even at 194 °F, and a significant amount of the water evaporated or boiled off for all of the tests. Additionally, the simmering water temperatures varied from test-totest even at the same reduced setting. The test method only requires that the simmering temperature stay above 194 °F for a valid test. Certain tests would produce simmering temperatures around 196 °F, close to the 194 °F goal, while others would rise above 200 °F at the same setting. Both tests would be deemed valid under the method in the Water weight (lbs) 6.5 10.43 2.27 5.95 Draft IEC 60350 Amendment method, but the normalized energy use results would vary because the 200 °F test would use significantly more energy. To address this concern, DOE developed additional calculations to estimate the efficiency of the waterheating process. The calculations factor in the total temperature rise of the water to account for differences in simmering temperatures, and the total amount of water lost to boiling or evaporation during the test. DOE’s method entails measuring the mass of the cookware plus water at the start and end of the test. Table III.12 shows the waterheating efficiency results using the DOE calculation method. TABLE III.12—WATER-HEATING EFFICIENCY TEST RESULTS Cookware size Cooking top Heating technology Large ................................................. A ............ B ............ D ............ Electric Coil ...................................... Electric .............................................. Smooth ............................................. Gas ................................................... Induction ........................................... Induction ........................................... Induction ........................................... Electric Coil ...................................... Electric .............................................. Smooth ............................................. Induction ........................................... E ............ Induction ........................................... Small ................................................. C ............ D ............ E ............ F ............. A ............ B ............ Surface unit Mean efficiency % Standard deviation % 95-percent confidence interval (±) % 1 1 2 1 1 1 1 2 3 79.81 61.81 75.88 a b 26.29 81.31 79.21 74.17 76.99 68.09 1.66 2.83 3.11 a 2.83 0.28 0.65 2.55 1.65 4.12 2.06 3.52 3.86 a 4.51 0.34 0.81 3.17 2.05 5.11 2 3 2 79.35 80.67 75.99 0.37 1.71 2.03 0.46 2.13 2.52 a Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are typically lower than for electric resistance heating elements. b Results lower than expected due to a meter error, but consistently low from test-to-test. mstockstill on DSK4VPTVN1PROD with Even after considering differences in the final water temperature and the amount of water boiled or evaporated during the test, the variability for the water-heating tests was still greater than for the metal block tests. Table III.13 compares the standard deviations for each surface unit tested with both the water-heating and metal block-heating tests. 5 Section 7.1.Z2 of the Draft IEC 60350 Amendment, ‘‘Cookware and water amount’’, specifies the general construction of the cookware, and Table Z3, ‘‘Sizes of standardized cookware and water amounts’’, specifies the dimensions of the cookware and quantity of water based on the diameter or the surface unit under test. VerDate Mar<15>2010 17:58 Jan 29, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6241 TABLE III.13—OVERALL RESULTS COMPARISON—COEFFICIENT OF VARIATION Standard deviation Test block size Cooking top Heating technology Surface unit Large ......................... A ............ B ............ C ............ D ............ E ............ F ............. A ............ B ............ D ............ Electric Coil .............. Electric ...................... Smooth ..................... Gas ........................... Induction ................... Induction ................... Induction ................... Electric Coil .............. Electric Smooth ........ Induction ................... E ............ ................ Induction ................... ................................... 1 1 2 1 1 1 1 2 3 2 3 2 ................ Small ......................... Average a Values Carbon steel hybrid % Carbon steel % 2.22 0.64 1.06 a 1.01 N/A N/A N/A 2.73 0.73 N/A N/A N/A 1.40 1.59 1.28 2.03 a 0.92 2.30 0.68 0.56 0.54 1.55 1.04 2.70 1.08 1.36 1.87 0.78 0.64 a 0.59 2.68 1.06 3.21 1.87 1.06 0.79 0.65 1.19 1.36 Stainless steel hybrid % 0.87 0.46 0.46 a 1.16 1.28 0.91 1.47 2.36 0.87 1.47 0.68 1.19 1.10 Waterheating efficiency % 1.66 2.83 3.11 a 2.83 0.28 0.65 2.55 1.65 4.12 0.37 1.71 2.03 1.98 describe data for four tests, not five. The water-heating test variability could potentially be reduced by more stringent tolerances on the ambient conditions. Ambient air pressure, temperature, and humidity significantly impact the amount of water that evaporates during the test and the temperature at which the water begins to boil. Appendix I, however, only specifies ambient air temperature, and its relatively large tolerance, 77 °F ± 9 °F, could contribute to increased test variability. Because the water-heating tests do not show an improvement in repeatability from test-to-test under the current DOE test conditions compared to the metal block tests, and because achieving closer ambient temperature tolerances would potentially place a high burden on manufacturers, DOE is proposing to use stainless steel hybrid test blocks in the test procedure for all products covered under the proposed definition of conventional cooking tops. DOE acknowledges that the waterheating tests may better reflect actual consumer behavior for cooking tops, and invites comment on whether waterheating tests should be considered in place of the metal block-heating tests. DOE also invites comment on the appropriate test method and conditions for water-heating tests, and the burden that would be incurred by more stringent specifications for ambient conditions. mstockstill on DSK4VPTVN1PROD with Aluminum % 6. Non-Circular Electric Surface Units As discussed in the beginning of section III.C, the small test block (6.25 inches diameter) is used for testing surface units with diameters of 7 inches or less, and the large test block (9 inches diameter) is used for electric surface units with diameters greater than 7 VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 inches and all gas surface units. These provisions do not address how to determine the proper test block size for testing non-circular electric surface units. DOE is aware that the Draft IEC 60350 Amendment requires measuring the dimensions of each side of rectangular or similar electric surface units, and by measuring the major and minor dimensions of elliptical or similar electric surface units. For these types of surface units, the smallest dimension is used to determine the cookware size according to the Draft IEC 60350 Amendment. DOE lacks information on the size of the cookware consumers typically use for non-circular surface units. Given this lack of consumer use data, and given the potential non-representative thermal behavior of a test block in which a portion of the bottom is not exposed to the surface unit, DOE proposes to amend section 3.2.1 of Appendix I to replace the reference to an electric surface unit’s diameter with the electric surface unit’s smallest dimension to account for surface units of all shapes. This is consistent with the method included in the Draft IEC 60350 Amendment. DOE does not propose to change the requirement that all gas surface units be tested using the large test block. DOE invites comments on whether using the smallest dimension of an electric surface unit is appropriate for determining the proper test block size. D. Standby and Off Mode Test Procedure EISA 2007 amended EPCA to require that DOE amend its test procedures for all covered residential products, including cooking products, to include PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 measures of standby mode and off mode energy consumption, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Accordingly, DOE recently conducted a separate rulemaking for conventional cooking products, dishwashers, and dehumidifiers to address standby and off mode energy consumption.6 In the October 2012 Final Rule, DOE addressed standby mode and off mode energy consumption, as well as active mode fan-only operation, for conventional cooking products. 77 FR 65942. Today’s NOPR proposes a change to the definition of ‘‘conventional cooking top’’ to include induction technologies. Under this proposed definition, induction cooking tops would be covered by the standby and off mode test procedures adopted in the separate test procedure rulemaking. DOE did not observe any standby mode or off mode operation or features unique to induction cooking tops that would warrant any changes to the standby mode and off mode test methods adopted by the October 2012 Final Rule for conventional cooking tops. DOE invites comment on whether induction cooking products require separate consideration for standby mode and off mode testing. E. Compliance With Other EPCA Requirements EPCA requires that any new or amended test procedures for residential products must be reasonably designed to produce test results which measure energy efficiency, energy use, or 6 DOE pursued amendments to Appendix I addressing standby and off mode energy for microwave ovens as part of a separate rulemaking. The most recent notice for this rulemaking is the SNOPR published on May 16, 2012. 76 FR 72322. E:\FR\FM\30JAP1.SGM 30JAP1 6242 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with estimated annual operating cost of a covered product during a representative average use cycle or period of use, and must not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE tentatively concludes that the amended test procedures would produce test results that measure the energy consumption of cooking tops during representative use, and that the test procedures would not be unduly burdensome to conduct. The test procedure proposed in today’s NOPR follows the same method currently included in Appendix I for testing cooking tops, but would replace the aluminum test blocks with stainless steel hybrid blocks. DOE estimates current testing represents a cost of roughly $500 per test for labor, with a one-time investment of $2,000 for test equipment ($1,000 for test blocks and $1,000 for instrumentation). The proposed reusable test blocks would represent an additional one-time expense of approximately $500 for each test block, or $1000 for each pair of large and small diameter test blocks. No additional instrumentation would be required beyond what is required in the current test procedure. DOE does not believe this additional cost represents an excessive burden for test labs or manufacturers given the significant investments necessary to manufacture, test and market consumer appliances, as described further in section IV.B below. The only additional time burden associated with the proposed test method is the time required to weigh the stainless steel base in addition to the aluminum body. This additional step in the test procedure would increase the test duration by about 2 minutes per surface unit. DOE concluded in the test procedure rulemaking for cooking products preceding today’s NOPR, completed recently by the publication of the October 2012 Final Rule (see section I.B. for the rulemaking history for today’s NOPR), that the amended test procedure is not unduly burdensome to conduct. In today’s NOPR, DOE further concludes, given the small magnitude of the proposed changes (both in terms of the new test blocks and the time needed to take the test), that the newly proposed amended test procedure for cooking products would not be unreasonably burdensome to conduct. 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 VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 ‘‘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 proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. The proposed rule would amend the test method for measuring the energy efficiency of conventional cooking tops and ranges to include test methods applicable to induction cooking products. The Small Business Administration (SBA) considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers or earns less than the average annual receipts specified in 13 CFR part 121. The threshold values set forth in these regulations use size standards and codes established by the North American Industry Classification System (NAICS) that are available at: https:// www.sba.gov/sites/default/files/files/ Size_Standards_Table.pdf. The threshold number for NAICS classification code 335221, titled ‘‘Household Cooking Appliance Manufacturing,’’ is 750 employees; this classification includes manufacturers of residential conventional cooking products. Most of the manufacturers supplying conventional cooking products are large multinational corporations. DOE surveyed the AHAM member directory PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 to identify manufacturers of residential conventional cooking products. DOE then consulted publicly-available data, purchased company reports from vendors such as Dun and 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 are two small businesses that manufacture conventional cooking products. For the reasons stated in the preamble, DOE has tentatively concluded that the proposed rule would not have a significant impact on either small or large manufacturers under the applicable provisions of the Regulatory Flexibility Act. The proposed rule would amend DOE’s test procedures for cooking products by incorporating testing provisions to address active mode energy consumption for induction cooking products that will be used to develop and test compliance with any future energy conservation standards that may be established by DOE. The test procedure amendments involve the measurement of active mode energy consumption through the use of a different metal test block than is currently specified for conventional cooking tops. The proposed amendments would also apply for testing products currently considered conventional cooking tops. DOE estimates a cost for this new equipment of approximately $1000. Additionally, DOE estimates a cost of roughly $6,000 for manufacturers to test induction cooking products not currently covered by the test procedure. This estimate assumes $500 per test, as described in section III.E, with up to 12 total tests needed assuming three induction cooking top models with four individual tests per cooking top model. This cost is small compared to the average annual revenue of the two identified small businesses, which DOE estimates to be over $40 million.7 These tests follow the same methodology and can be conducted in the same facilities used for the current energy testing of conventional cooking tops, so there would be no additional facilities costs required by the proposed rule. For these reasons, DOE tentatively concludes and certifies that the proposed rule would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a 7 Estimated average revenue is based on financial information provided for the two small businesses in reports provided by Dun and Bradstreet. E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 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). mstockstill on DSK4VPTVN1PROD with C. Review Under the Paperwork Reduction Act of 1995 Manufacturers of conventional cooking products 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 conventional cooking products, 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 conventional cooking products. (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. There is currently no information collection requirement related specifically to induction cooking tops. In the event that DOE proposes an energy conservation standard with which manufacturers must demonstrate compliance, or otherwise proposes to require the collection of information derived from the testing of induction cooking tops according to this test procedure, DOE will seek OMB approval of such information collection requirement. DOE will seek approval either through a proposed amendment to the information collection requirement approved under OMB control number 1910–1400 or as a separate proposed information collection requirement. 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. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 D. Review Under the National Environmental Policy Act of 1969 In this proposed rule, DOE proposes test procedure amendments that it expects will be used to develop and implement future energy conservation standards for conventional cooking products. 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 proposed rule would amend the existing test procedures without affecting the amount, quality or distribution of energy usage, and, therefore, would 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 has examined this proposed rule and has determined that it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of today’s proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 6243 criteria, set forth in EPCA. (42 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, the proposed rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Pub. L. 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish 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 E:\FR\FM\30JAP1.SGM 30JAP1 6244 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 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-generalcounsel. DOE examined today’s proposed 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. This rule would 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. mstockstill on DSK4VPTVN1PROD with I. Review Under Executive Order 12630 DOE has determined, under Executive Order 12630, ‘‘Governmental Actions and Interference with Constitutionally Protected Property Rights’’ 53 FR 8859 (March 18, 1988) that this regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under 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 proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 K. Review Under Executive Order 13211 V. Public Participation 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 proposed 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 proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today’s regulatory action to amend the test procedure for measuring the energy efficiency of conventional cooking products 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. A. Attendance at Public Meeting The time, date and location of the public meeting are listed in the DATES and ADDRESSES sections at the beginning of this document. If you plan to attend the public meeting, please notify Ms. Brenda Edwards at (202) 586–2945 or Brenda.Edwards@ee.doe.gov. Please note that foreign nationals visiting DOE Headquarters are subject to advance security screening procedures. Any foreign national wishing to participate in the meeting should advise DOE as soon as possible by contacting Ms. Edwards to initiate the necessary procedures. Please also note that those wishing to bring laptops into the Forrestal Building will be required to obtain a property pass. Visitors should avoid bringing laptops, or allow an extra 45 minutes. In addition, you can attend the public meeting via Webinar. Webinar registration information, participant instructions, and information about the capabilities available to Webinar participants will be published on DOE’s Web site https://www1.eere.energy.gov/ buildings/appliance_standards/ rulemaking.aspx/ruleid/57. Participants are responsible for ensuring their systems are compatible with the Webinar software. 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 proposed rule authorizes or requires use of commercial standards, the notice of proposed 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 amendments proposed in today’s NOPR do not authorize or require the use of any commercial standards. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 B. Procedure for Submitting Prepared General Statements For Distribution Any person who has plans to present a prepared general statement may request that copies of his or her statement be made available at the public meeting. Such persons may submit requests, along with an advance electronic copy of their statement in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to the appropriate address shown in the ADDRESSES section at the beginning of this NOPR. The request and advance copy of statements must be received at least one week before the public meeting and may be emailed, hand-delivered, or sent by mail. DOE prefers to receive requests and advance copies via email. Please include a telephone number to enable DOE staff to make a follow-up contact, if needed. C. Conduct of Public Meeting DOE will designate a DOE official to preside at the public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the rulemaking until the end of the comment period. The public meeting will be conducted in an informal, conference style. DOE will present summaries of comments received before the public meeting, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit, as time permits, other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions by DOE and by other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting. A transcript of the public meeting will be included in the docket, which can be viewed as described in the Docket section at the beginning of this NOPR. In addition, any person may buy a copy of the transcript from the transcribing reporter. mstockstill on DSK4VPTVN1PROD with D. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule before or after the public meeting, but no later than the date provided in the DATES section at the beginning of this proposed rule. Interested parties may submit comments using any of the methods described in the ADDRESSES section at the beginning of this NOPR. Any comments submitted must identify the NOPR for Test Procedures for Conventional Cooking Products, and provide docket number EERE–2012– BT–TP–0013 and/or regulatory information number (RIN) number 1904–AC71. VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 Submitting comments via regulations.gov. The regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 6245 letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. E:\FR\FM\30JAP1.SGM 30JAP1 6246 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). E. Issues on Which DOE Seeks Comment Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: information, Energy conservation, Household appliances, Imports, Intergovernmental relations, Small businesses. Issued in Washington, DC, on January 18, 2013. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. 1. Proposed Amended Definitions For the reasons stated in the preamble, DOE is proposing to amend part 430 of Chapter II of Title 10, Code of Federal Regulations as set forth below: DOE requests comment on the proposed amended definitions of ‘‘conventional cooking top’’ and ‘‘active mode.’’ (See section III.A) PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 2. Stainless Steel Hybrid Test Blocks ■ DOE seeks comment on its proposal to require the use of stainless steel hybrid test blocks for testing all cooking tops that would be covered by the proposed definition of conventional cooking tops in an amended cooking products test procedure, including the potential burden associated with the requirement for such new test equipment. (See section III.C.4) 3. Water-Heating Test DOE invites comment on whether water-heating tests should be considered in place of the metal blockheating tests, and on the appropriate water-heating test method and conditions. DOE also invites comment on the burden that would be incurred by more stringent specifications for ambient conditions. (See section III.C.5) 4. Non-Circular Electric Surface Units DOE invites comments on whether using the smallest dimension of an electric surface unit is appropriate for determining the proper test block size. (See section III.C.6) 5. Standby and Off Mode DOE requests comment on whether induction cooking products include any unique features or operational modes that would not be covered by the definitions and standby and off mode test procedures included in the October 2012 Final Rule. 77 FR 65942. (See section III.D) mstockstill on DSK4VPTVN1PROD with VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this proposed rule. List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Confidential business VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 1. The authority citation for part 430 continues to read as follows: Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 2461 note. 2. Section 430.2 is amended by revising the definition for ‘‘conventional cooking top’’ to read as follows: ■ § 430.2 Definitions. * * * * * Conventional cooking top is a household cooking appliance within a class of kitchen ranges and ovens, each of which consists of a horizontal surface containing one or more surface units that utilize a gas flame, electric resistance heating, or electric inductive heating. * * * * * Appendix I—[Amended] 3. Appendix I to subpart B of part 430 is amended by: ■ a. Revising the Note; ■ b. Revising section 1.1 in section 1. Definitions; ■ c. Revising sections 2.7, 2.7.2, and 2.7.3 in section 2. Test Conditions; ■ d. Revising sections 3.1.2 and 3.3.2 in section 3. Test Methods and Measurements; and ■ e. Revising sections 4.2.1.1 and 4.2.1.2 in section 4. Calculation of Derived Results From Test Measurements. ■ 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 related to active mode energy consumption of conventional ranges, conventional cooking tops (except for induction cooking products), and conventional ovens must be based upon results generated under this test procedure. Any representation made after April 29, 2013 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 related to standby mode and off mode energy consumption of conventional ranges, conventional cooking tops (except for induction cooking products), and conventional ovens, and any representation made after [INSERT DATE 180 DAYS AFTER FINAL RULE PUBLICATION IN THE FEDERAL REGISTER] related to any energy consumption of induction cooking products, must be based upon results generated under this test procedure. Any representation made after July 17, 2013 related to standby mode and off mode energy consumption of microwave ovens must also be based upon this test procedure. Any representation related to standby mode and off mode energy consumption of microwave ovens made between February 17, 2013 and July 17, 2013 may be based upon results generated under this test procedure or upon the test procedure 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, use of the applicable provisions of this test procedure to demonstrate compliance with the energy conservation standard will also be required. 1. Definitions 1.1 Active mode means a mode in which the product is connected to a mains power source, has been activated, and is performing the main function of producing heat by means of a gas flame, electric resistance heating, electric inductive heating, or microwave energy, or circulating air internally or externally to the cooking product. Delay start mode is a one-off, userinitiated, short-duration function that is associated with an active mode. * * * * * * * 2. Test Conditions * * * 2.7 Test blocks for conventional oven and cooking top. The test blocks for conventional ovens and the test block bodies for conventional cooking tops shall be made of aluminum alloy No. 6061, with a specific heat of 0.23 Btu/lb- °F (0.96 kJ/[kg ÷ °C]) and with any temper that will give a coefficient of thermal conductivity of 1073.3 to 1189.1 Btu-in/h-ft2- °F (154.8 to 171.5 W/[m ÷ °C]). Each test block and test block body shall have a hole at its top. The hole shall be 0.08 inch (2.03 mm) in diameter and 0.80 inch (20.3 mm) deep. Other means may be provided which will ensure that the thermocouple junction is installed at this same position and depth. The test block bases for conventional cooking tops shall be made of stainless steel grade 430, with a specific heat of 0.11 Btu/ lb- °F (0.46 kJ/[kg ÷ °C]) and with coefficient of thermal conductivity of 172.0 to 190.0 Btuin/h-ft2- °F (24.8 to 27.4 W/[m ÷ °C]). The bottom of each test block and test block body, and top and bottom of each test block base, shall be flat to within 0.002 inch (0.051 mm) TIR (total indicator reading). Determine the actual weight of each test block, test block body, and test block base E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules * * * * 3.1.2 Conventional cooking top. Establish the test conditions set forth in section 2, Test Conditions, of this appendix. Turn off the gas flow to the conventional oven(s), if so equipped. The temperature of the conventional cooking top shall be its normal nonoperating temperature as defined in section 1.12 and described in section 2.6 of this appendix. Set the test block in the center of the surface unit under test. The small test block, W2 and W3, shall be used on electric surface units with a smallest dimension of 7 inches (178 mm) or less. The large test block, W4 and W5, shall be used on electric surface units with a smallest dimension over 7 inches (178 mm) and on all gas surface units. Where: WTB = measured weight of test block body, W2 or W4, expressed in pounds (kg). Cp,TB = 0.23 Btu/lb-°F (0.96 kJ/kg ÷ °C), specific heat of test block body. WB = measured weight of test block base, W3 or W5, expressed in pounds (kg). Cp,B = 0.11 Btu/lb-°F (0.46 kJ/kg ÷ °C), specific heat of test block base. mstockstill on DSK4VPTVN1PROD with 2.7.2 Small test block for conventional cooking top. The small test block shall comprise a body and separate base. The small test block body, W2, shall be 6.25±0.05 inches (158.8±1.3 mm) in diameter, approximately 2.5 inches (64 mm) high and shall weigh 7.5±0.1 lbs (3.40±0.05 kg). The small test block base, W3, shall be 6.25±0.05 inches (158.8±1.3 mm) in diameter, approximately 0.25 inches (6.4 mm) high and shall weigh 2.2±0.1 lbs (1.00±0.05 kg). The small test block body shall not be fixed to the base, and shall be centered over the base for testing. 2.7.3 Large test block for conventional cooking top. The large test block shall comprise a body and separate base. The large test block body for the conventional cooking top, W4, shall be 9±0.05 inches (228.6±1.3 mm) in diameter, approximately 2.7 inches (69 mm) high and shall weigh 16.9±0.1 lbs (7.67±0.05 kg). The large test block base, W5, shall be 9±0.05 inches (228.6±1.3 mm) in TSU = temperature rise of the test block: Final test block temperature, TCT, as determined in section 3.2.2 of this appendix, minus the initial test block temperature, TI, expressed in °F (°C) as determined in section 2.7.5 of this appendix. Ke = 3.412 Btu/Wh (3.6 kJ/Wh), conversion factor of watt-hours to Btu’s. Where: WTB = measured weight of test block body as measured in section 3.3.2 of this appendix, expressed in pounds (kg). WB = measured weight of test block base as measured in section 3.3.2 of this appendix, expressed in pounds (kg). Cp,TB, Cp,B, and TSU are the same as defined in section 4.2.1.1 of this appendix. and, E = (VCT × H) + (EIC × Ke), Where: VCT = total gas consumption in standard cubic feet (L) for the gas surface unit test as measured in section 3.2.2.1 of this appendix. EIC = electrical energy consumed in watthours (kJ) by an ignition device of a gas surface unit as measured in section 3.2.2.1 of this appendix. Ke = 3.412 Btu/Wh (3.6 kJ/Wh), conversion factor of watt-hours to Btu’s. H = either Hn or Hp, the heating value of the gas used in the test as specified in sections 2.2.2.2 and 2.2.2.3 of this VerDate Mar<15>2010 16:40 Jan 29, 2013 Jkt 229001 * * * * * 3. Test Methods and Measurements * * * * * appendix, expressed in Btu’s per standard cubic foot (kJ/L) of gas. * * * * * [FR Doc. 2013–01526 Filed 1–29–13; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1319; Directorate Identifier 2012–NM–179–AD] RIN 2120–AA64 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Turn on the surface unit under test and set its energy input rate to the maximum setting. When the test block reaches 144 °F (80 °C) above its initial test block temperature, immediately reduce the energy input rate to 25±5 percent of the maximum energy input rate. After 15±0.1 minutes at the reduced energy setting, turn off the surface unit under test. * * * * * 3.3.2 Record measured test block, test block body, and test block base weights W1, W2, W3, W4, and W5 in pounds (kg). * * * * * 4. Calculation of Derived Results From Test Measurements * * * * * 4.2 * * * 4.2.1 * * * 4.2.1.1 Electric surface unit cooking efficiency. Calculate the cooking efficiency, EffSU, of the electric surface unit under test, defined as: ECT = measured energy consumption, as determined according to section 3.2.2 of this appendix, expressed in watt-hours (kJ). 4.2.1.2 Gas surface unit cooking efficiency. Calculate the cooking efficiency, EffSU, of the gas surface unit under test, defined as: We propose to revise an existing airworthiness directive (AD) that applies to all The Boeing Company Model 757 airplanes. The existing AD currently requires revising the maintenance program by incorporating new and revised fuel tank system limitations in the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness; and requires the initial inspection of certain repetitive AWL inspections to phase-in those inspections, and repair if necessary. Since we issued that AD, we have found errors in paragraph references in the existing AD. This proposed AD would revise those paragraph references to refer to the correct paragraphs. We are proposing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which in combination with flammable fuel vapors, could result in a SUMMARY: E:\FR\FM\30JAP1.SGM 30JAP1 EP30JA13.012</GPH> * diameter, approximately 0.25 inches (6.4 mm) high and shall weigh 4.3±0.1 lbs (1.95±0.05 kg). The large test block body shall not be fixed to the base, and shall be centered over the base for testing. EP30JA13.011</GPH> with a scale with an accuracy as indicated in section 2.9.5 of this appendix. 6247

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6232-6247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01526]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-TP-0013]
RIN 1904-AC71

Energy Conservation Program: Test Procedures for Conventional
Cooking Products With Induction Heating Technology

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

ACTION: Notice of proposed rulemaking; public meeting.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedures for cooking products established under the Energy
Policy and Conservation Act. Test procedures for cooking products can
be found at DOE's regulations for Energy Conservation Program for
Consumer Products, subpart B, appendix I (Appendix I). The proposed
amendments to Appendix I would amend the test method for measuring the
energy efficiency of induction cooking tops and ranges. Appendix I does
not currently include any test methods applicable to induction cooking
products. The proposed amendments would incorporate induction cooking
tops by amending the definition of ``conventional cooking top'' to
include induction heating technology. Furthermore, the proposed
amendments would require for cooking tops the use of test equipment
compatible with induction technology as well as with gas burners and
electric resistance heating elements. Specifically, the amendments
would replace the solid aluminum test blocks currently specified in the
test procedure for cooking tops with hybrid test blocks comprising two
separate pieces: an aluminum body and a stainless steel base. Appendix
I currently specifies the test block size for electric cooking tops
based on the surface unit diameter; however, there are no provisions
for determining which test block size to use for non-circular electric
surface units. The proposed amendments include a clarification that the
test block size be determined using the smallest dimension of the
electric surface unit.

DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than April 15, 2013. See section V, ``Public
Participation,'' for details.
DOE will hold a public meeting on Monday, March 4, 2013, from 9
a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast
as a Webinar. See section V, ``Public Participation,'' for Webinar
registration information, participant instructions, and information
about the capabilities available to Webinar participants.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. Persons can attend the public meeting via Webinar. For
more information, refer to the Public Participation section near the
end of this notice.
Comments: Comments may be submitted using any of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: Induction-Cooking-Prod-2012-TP-0013@ee.doe.gov Include
the docket number and/or RIN in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD. It is not necessary to include printed
copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(Public Participation).

[[Page 6233]]

Docket: 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+PR+N+O+SR+PSrpp=50;so=DESC;sb=postedDate;po=0;D=EE
RE-2012-BT-TP-0013. 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. See section V for information
on how to submit comments through regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
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) 202-287-6307. Email: Ari.Altman@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. General Test Procedure Rulemaking Process
B. Test Procedures for Cooking Products
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
A. Products Covered by This Test Procedure Rulemaking
B. Effective Date
C. Active Mode Test Procedure
1. Aluminum Test Blocks
2. Carbon Steel Test Blocks
3. Carbon Steel Hybrid Test Blocks
4. Stainless Steel Hybrid Test Blocks
5. Water-Heating Tests
6. Non-Circular Electric Surface Units
D. Standby and Off Mode Test Procedure
E. Compliance With Other EPCA 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
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Proposed Amended Definitions
2. Stainless Steel Hybrid Test Blocks
3. Water-Heating Test
4. Non-Circular Electric Surface Units
5. Standby and Off Mode
VI. 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 residential kitchen
ranges and ovens, the subject of today's notice of proposed rulemaking
(NOPR). (42 U.S.C. 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 efficiency of those
products. Similarly, DOE must use these test requirements to determine
whether the products comply with any relevant standards promulgated
under EPCA.

A. 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 in relevant part 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. . (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))

B. Test Procedures for Cooking Products

DOE's test procedures for conventional ranges, conventional cooking
tops, conventional ovens, and microwave ovens are codified at appendix
I to subpart B of Title 10 of the Code of Federal Regulations (CFR)
(Appendix I).
DOE established the test procedures in a final rule published in
the Federal Register on May 10, 1978. 43 FR 20108, 20120-28. These test
procedures did not cover induction cooking products because they were,
at the time, relatively new products, and represented a small share of
the market. 43 FR 20117. DOE revised its test procedures for cooking
products to more accurately measure their efficiency and energy use,
and published the revisions as a final rule in 1997. 62 FR 51976 (Oct.
3, 1997). These test procedure amendments did not address induction
cooking, but included: (1) A reduction in the annual useful cooking
energy; (2) a reduction in the number of self-cleaning oven cycles per
year; and (3) incorporation of portions of International
Electrotechnical Commission (IEC) Standard 705-1988, ``Methods for
measuring the performance of microwave ovens for

[[Page 6234]]

household and similar purposes,'' and Amendment 2-1993 for the testing
of microwave ovens. Id. The test procedures for conventional cooking
products establish provisions for determining estimated annual
operating cost, cooking efficiency (defined as the ratio of cooking
energy output to cooking energy input), and energy factor (defined as
the ratio of annual useful cooking energy output to total annual energy
input). 10 CFR 430.23(i); Appendix I. These provisions for conventional
cooking products are not currently used for compliance with any energy
conservation standards because the present standards only regulate
design requirements, nor is there an EnergyGuide \1\ labeling program
for cooking products.
---------------------------------------------------------------------------

\1\ For more information on the EnergyGuide labeling program,
see: www.access.gpo.gov/nara/cfr/waisidx_00/16cfr305_00.html.
---------------------------------------------------------------------------

DOE recently conducted a separate rulemaking to address standby and
off mode energy consumption, as well as certain active mode testing
provisions, for residential dishwashers, dehumidifiers, and
conventional cooking products. DOE published a final rule on October
31, 2012 (77 FR 65942, hereafter referred to as the October 2012 Final
Rule), adopting standby and off mode provisions that satisfy the EISA
2007 amendments to EPCA, which require DOE to include measures of
standby mode and off mode energy consumption in its test procedures for
residential products, if technically feasible. (42 U.S.C.
6295(gg)(2)(A))

II. Summary of the Notice of Proposed Rulemaking

In today's NOPR, DOE proposes amendments to the test procedures in
Appendix I that would allow for testing the active mode energy
consumption of induction cooking products; i.e., conventional cooking
tops and ranges equipped with induction heating technology for one or
more surface units on the cooking top.\2\ The term surface unit refers
to burners for gas cooking tops, electric resistance heating elements
for electric cooking tops, and inductive heating elements for induction
cooking tops. Under the proposed amendments, which would amend the
definition of ``conventional cooking top'' to include products with
induction heating, induction cooking products would be tested according
to the same test procedures as conventional cooking products.
---------------------------------------------------------------------------

\2\ DOE is not aware of any residential conventional ovens that
use induction heating technology that are available on the market in
the United States.
---------------------------------------------------------------------------

The current test method for conventional cooking tops (which is
also used for the cooking top portion of conventional ranges) involves
heating a solid aluminum test block on each surface unit of the cooking
top. The cooking top cooking efficiency is determined by averaging the
efficiencies of all surface units on the cooking top. The proposed test
procedure would replace the aluminum test blocks currently specified
for conventional cooking top testing with hybrid test blocks comprising
two separate stacked pieces: a stainless steel alloy 430 base, which is
compatible with the induction technology, and an aluminum body. The
proposed hybrid test blocks would have the same outer diameters and
heat capacities as the existing aluminum test blocks.
DOE considered other potential test blocks, including blocks made
entirely of carbon steel alloy 1018, and hybrid blocks with carbon
steel bases, but found the results using those blocks to be less
repeatable than for the hybrid blocks with stainless steel alloy 430
bases. DOE also considered an alternate test method based on heating
water. While this method may better represent actual consumer use, DOE
is not proposing a water-heating test procedure due to concerns
regarding repeatability, and to maintain consistency with the existing
test procedure for conventional cooking tops and ranges.
In today's NOPR, DOE further proposes methodology to determine the
required test block size for all electric surface units, including
those that are non-circular.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

As discussed in section I of this NOPR, the test procedures
currently in Appendix I do not apply to induction cooking products.
Induction products were not considered in the initial final rule to
establish these test procedures because of their relatively small
market share in 1978. 43 FR 20117. Today's proposal would amend the DOE
test procedures for conventional cooking tops and ranges to cover
induction cooking products.
Although induction cooking products started as a niche product with
a very small market share, a recent survey of major retailers indicates
that roughly 10 percent of all cooking tops currently available on the
market now use induction heating. Additionally, the three manufacturers
comprising more than 84 percent of the market for conventional ranges
\3\ each offer multiple induction cooking products. Given the increased
availability of induction cooking products, DOE believes these products
now warrant inclusion in the Appendix I test procedures to allow for
consideration in future rulemaking analyses.
---------------------------------------------------------------------------

\3\ GE, Whirlpool, and Electrolux, as reported in ``U.S.
Appliance Industry: Market Share, Life Expectancy & Replacement
Market, and Saturation Levels''. Appliance Magazine Market Research
Report, January 2010.
---------------------------------------------------------------------------

Induction cooking products use an oscillating magnetic field,
produced by alternating current through a coil under the cooking top
surface, to generate (``induce'') current in the cooking vessel. The
current in turn creates heat in the cooking vessel due to the
electrical resistance of the metal, and the heat is transferred to the
food load by means of conduction and convection. In order for the
current to be induced and the induction technology to function
properly, the cooking vessel must be made of a ferromagnetic material,
such as steel or iron.
As discussed further in section III.C of this NOPR, the amendments
proposed in today's notice would apply to conventional cooking products
in general, including induction cooking products. DOE currently defines
``cooking products'' as the major household cooking appliances that
cook or heat food by gas, electricity, or microwave energy, and include
conventional ranges, conventional cooking tops, conventional ovens,
microwave ovens, microwave/conventional ranges and other cooking
products. 10 CFR 430.2. A ``conventional cooking top'' contains one or
more surface units which include either a gas flame or electric
resistance heating. Id. A ``conventional range'' consists of a
conventional cooking top and one or more conventional ovens. Id.
The current definition of ``conventional cooking top,'' and by
extension, the definition of ``conventional range,'' does not refer to
heating by means of electricity other than electric resistance heating,
which would preclude induction heating. Because of the increased
availability of induction cooking products discussed in the beginning
of this section, DOE is proposing to amend the definition of
``conventional cooking top'' to a household cooking appliance within a
class of kitchen ranges and ovens, each of which consists of a
horizontal surface containing one or more surface units that utilize a
gas flame, electric resistance heating, or electric inductive heating.
The definition of ``conventional range'' would remain unchanged, but

[[Page 6235]]

would newly cover products with a conventional oven and a cooking top
that heats by means of induction technology.
Appendix I also includes a definition of ``active mode,'' which
references production of heat by means of a gas flame, electric
resistance heating, or microwave energy. 10 CFR part 430, subpart B,
appendix I. As with the definition of ``conventional cooking top,''
this definition does not cover induction cooking products. DOE proposes
to revise the definition of ``active mode'' to a mode in which a
conventional cooking top, conventional oven, conventional range, or
microwave oven is connected to a mains power source, has been
activated, and is performing the main function of producing heat by
means of a gas flame, electric resistance heating, electric inductive
heating, or microwave energy. The definition would include the current
clarification that delay start mode is a one-off user-initiated short
duration function that is associated with an active mode. This
definition would be consistent with the proposed definition of
``conventional cooking top.''
DOE requests comment on the proposed amended definitions of
conventional cooking top and active mode.

B. Effective Date

The amended test procedure would become effective 30 days after any
test procedure final rule is published in the Federal Register. The
amendments would require that as of 180 days after publication of any
test procedure final rule, representations related to the energy
consumption of conventional cooking products, including induction
cooking products, must be based upon results generated under the
applicable provisions of the amended test procedures in Appendix I. (42
U.S.C. 6293(c)(2))

C. Active Mode Test Procedure

The current test procedure for conventional cooking tops involves
heating an aluminum test block on each surface unit of the cooking top.
Two aluminum test blocks, of different diameters, are specified for
testing different surface units. The small test block (6.25 inches
diameter) is used for electric surface units with diameters of 7 inches
or less, and the large test block (9 inches diameter) is used for
electric surface units with diameters greater than 7 inches and all gas
surface units. Once the initial test and ambient conditions are met,
the surface unit is turned to its maximum energy input setting. After
the test block temperature increases by 144 [deg]F, the surface unit is
immediately reduced to 25 percent 5 percent of the maximum
energy input rate for 15 0.1 minutes. The efficiency of
the surface unit is calculated as the ratio of the energy transferred
to the test block (based on its temperature rise) to the energy
consumed by the cooking top during the test. The cooking top cooking
efficiency is calculated as the average efficiency of the surface units
on the cooking top.
As discussed in section III.A of today's NOPR, induction cooking
products are only compatible with ferromagnetic cooking vessels because
their high magnetic permeability concentrates the induced current near
the surface of the metal, increasing resistance and thus heating.
Aluminum is not a ferromagnetic metal--its lower magnetic permeability
allows the magnetic field to penetrate further into the material so
that the induced current flows with little resistance, and thus does
not heat up when it encounters an oscillating magnetic field.
Therefore, the aluminum test blocks, currently required by Appendix I,
are not appropriate for testing induction cooking products.
DOE conducted testing to investigate potential substitute test
blocks for testing induction cooking products. DOE conducted tests on
three conventional and three induction cooking tops to determine what
effects, if any, the different types of test blocks would have on the
test-to-test repeatability and final efficiency results. The test
sample included conventional cooking tops to allow for a comparison
between the substitute test blocks and the current aluminum test
blocks.
DOE considered three possible substitute test blocks: carbon steel,
carbon steel hybrid, and stainless steel hybrid. Table III.1 describes
the construction of the current aluminum test blocks and the three
substitute test blocks.

Table III.1--Test Block Composition Descriptions
------------------------------------------------------------------------
Test block composition
Test block classification (component and material)
------------------------------------------------------------------------
Aluminum............................... One solid aluminum alloy 6061
block.
Carbon Steel........................... One solid carbon steel alloy
1018 block.
Carbon Steel Hybrid.................... Carbon steel alloy 1018 base +
Aluminum alloy 6061 body.
Stainless Steel Hybrid................. Stainless steel alloy 430 base
+ Aluminum alloy 6061 body.
------------------------------------------------------------------------

The diameters and heat capacities of the aluminum test blocks
currently specified in Appendix I reflect consumer cooking behavior.
DOE is not aware of information indicating cooking behavior has
changed. Therefore, each substitute test block was constructed with the
same diameter as the current aluminum test blocks (6.25 inches for
small and 9 inches for large). Additionally, DOE varied the heights of
the substitute test blocks to match the heat capacities of the current
aluminum blocks. For the hybrid test blocks, DOE set the thickness of
the steel bases at 0.25 inches to be thin enough to represent the
thickness of a typical pot or pan while still being thick enough to
prevent warping. DOE set the height of the aluminum body in the hybrid
test blocks so the overall heat capacity (the sum of the steel base
heat capacity and the aluminum body heat capacity) matched that of the
current aluminum test blocks.
DOE proposes in today's NOPR to maintain the test method of heating
the test blocks, but to substitute the current aluminum test blocks
with the stainless steel hybrid test blocks described above for testing
all cooking tops covered by the proposed definition of conventional
cooking top (i.e., gas flame, electric resistance heating, and electric
inductive heating). Sections III.C.1 through III.C.4 below compare the
test results for the different potential test blocks and discuss the
rationale for selecting the stainless steel hybrid test block as the
substitute.
DOE also conducted tests to heat water in cooking vessels to
compare test repeatability with the metal block heating tests. Heating
water would allow for a test procedure that is more representative of
actual consumer usage (in terms of the cooking food load), but would
also introduce additional sources

[[Page 6236]]

of variability. Section III.C.5 below describes the water-heating
tests.
1. Aluminum Test Blocks
DOE conducted tests using the current aluminum test blocks to
establish a baseline for comparison to the candidate substitute test
blocks. Appendix I provides specifications for the large and small
aluminum test blocks as shown in Table III.2.

Table III.2--Aluminum Test Block Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Specific heat
Block diameter (inches Block weight (pounds (British thermal Heat capacity (Btu/
Test block size (in)) Block height (in) (lb)) units (Btu)/(lb- [deg]F)
[deg]F))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small.............................. 6.25 0.05 2.8................... 8.5 0.1. 0.23................. 1.96
Large.............................. 9 0.05... 3..................... 19 0.1.. 0.23................. 4.37
--------------------------------------------------------------------------------------------------------------------------------------------------------

Because aluminum is not compatible with induction cooking, DOE only
tested the aluminum blocks on the three conventional cooking tops (2
electric and 1 gas cooking tops), in the test sample. The small test
block was used for electric surface units with diameters of 7 inches or
less. The large test block was used for electric surface units with
diameters greater than 7 inches and all gas surface units, as required
by Appendix I.
DOE did not test every surface unit on each cooking top in the test
sample because most cooking tops include multiple surface units of
equal diameter and power rating. Prior investigative testing showed
that surface units with equal diameters and power ratings on the same
cooking top have similar performance. In these cases, DOE tested only
one of the identical surface units to limit the total number of tests.
Cooking Top A has electric resistance heating in open coils,
Cooking Top B has electric resistance heating under a smooth ceramic
surface, and Cooking Top C has gas-flame burners. Table III.3
summarizes the test results using the aluminum blocks for surface units
on these products. The surface unit numbers included in Table III.3 are
used to differentiate between surface units on the same cooking top.
The values listed for each surface unit summarize the data from five
tests, except where noted.

Table III.3--Aluminum Test Block Results
----------------------------------------------------------------------------------------------------------------
95-percent
Mean confidence
Test block size Cooking top Heating Surface efficiency Standard interval
technology unit % deviation % () %
----------------------------------------------------------------------------------------------------------------
Large........................ A............ Electric Coil... 1 71.03 2.22 2.76
B............ Electric Smooth. 1 54.22 0.64 0.80
2 65.19 1.06 1.32
C............ Gas............. 1 \a\ \b\ \a\ 1.01 \a\ 1.60
18.96
Small........................ A............ Electric Coil... 2 65.04 2.73 3.39
B............ Electric Smooth. 3 61.70 0.73 0.90
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are
typically lower than for electric resistance heating elements.
\b\ Results lower than expected due to a meter error, but consistently low from test-to-test.

As shown in Table III.3, a set of five tests using the aluminum
test block on the surface units with electric resistance or gas flame
heating produced standard deviations of less than 3 percent for each
surface unit. These standard deviations correspond to 95-percent
confidence intervals within 4 percent of the mean efficiency.
DOE is aware that the mean efficiency listed for the gas surface
unit is lower than expected. Typically, gas surface units have
efficiencies at or above 40 percent. The lower-than-expected efficiency
suggests the magnitudes of the gas consumption for these tests as
measured by the meter are likely higher than the actual consumption.
The surface unit tested on Cooking Top C has a maximum energy output
rating of 9,200 Btu per hour. However, the measured gas use for each
test was consistently about 55 percent greater than the maximum rating
at the maximum energy input rate setting, suggesting the meter
overstated the gas consumption.
Although the meter readings affected the magnitude of the gas
surface unit efficiency results, DOE believes the results still provide
meaningful information for assessing the candidate test blocks. The
purpose of the testing was to compare the testing results, in terms of
repeatability and overall efficiency, across the different test block
types, and not necessarily to compare efficiencies from unit-to-unit.
DOE observed the same low efficiencies and high gas consumptions in the
tests on the substitute test blocks described in sections III.C.2
though III.C.5 of this NOPR, so the results for the gas cooking top can
still be compared between the different test blocks. The high meter
readings do not allow a consistent comparison of the gas surface unit
efficiency to the electric surface units, but gas surface units
typically have efficiencies in a lower range compared to electric
surface units.
2. Carbon Steel Test Blocks
DOE conducted tests using solid carbon steel test blocks with the
specifications shown in Table III.4, matching the aluminum test blocks
in diameter and heat capacity.

[[Page 6237]]

Table III.4--Carbon Steel Test Block Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Block diameter Block height Block weight Specific heat Heat capacity
Test block size (in) (in) (lb) (Btu/lb-[deg]F) (Btu/[deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small.................................................... 6.25 1.93 16.85 0.116 1.96
Large.................................................... 9 2.09 37.67 0.116 4.37
--------------------------------------------------------------------------------------------------------------------------------------------------------

DOE tested the carbon steel blocks on all six cooking tops in the
test sample, comprising the three conventional cooking tops discussed
in section III.C.1 and three induction cooking tops. Cooking Tops D and
E are built-in induction cooking tops, and Cooking Top F is a portable,
single-element induction cooking top. Table III.5 summarizes the test
results using the carbon steel test blocks for surface units on these
products. As described in section III.C.1, DOE did not test multiple
surface units with equal diameters on the same cooking top, and the
surface unit numbers included in the table are used to differentiate
between surface units on the same cooking top.

Table III.5--Carbon Steel Test Block Results
----------------------------------------------------------------------------------------------------------------
95-percent
Mean Standard confidence
Test block size Cooking top Heating Surface efficiency deviation interval
technology unit % % () %
----------------------------------------------------------------------------------------------------------------
Large........................ A............ Electric Coil... 1 69.79 1.59 1.97
B............ Electric Smooth. 1 53.19 1.28 1.60
2 63.24 2.03 2.52
C............ Gas............. 1 \a\ \b\ \a\ 0.92 \a\ 1.46
18.67
D............ Induction....... 1 63.92 2.30 2.86
E............ Induction....... 1 67.78 0.68 0.84
F............ Induction....... 1 67.93 0.56 0.70
Small........................ A............ Electric Coil... 2 64.61 0.54 0.67
B............ Electric Smooth. 3 60.44 1.55 1.93
D............ Induction....... 2 64.10 1.04 1.29
3 60.89 2.70 3.35
E............ Induction....... 2 62.86 1.08 1.34
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are
typically lower than for electric resistance heating elements.
\b\ Results lower than expected due to a meter error, but consistently low from test-to-test.

The results in Table III.5 for carbon steel test blocks are
comparable to the test results for the aluminum test blocks presented
in Table III.3. The mean efficiencies for the carbon steel blocks were
slightly lower than the aluminum test blocks on each surface unit for
the conventional cooking tops (Cooking Tops A, B, and C), but the means
of the two test block types still fell within the 95-percent confidence
intervals for each surface unit. The carbon steel blocks produced
results that were just as repeatable as the aluminum test blocks, with
standard deviations less than 3 percent for all surface units, and 95-
percent confidence intervals all within 4 percent of the mean
efficiency.
Based on these test results, DOE concludes that the carbon steel
test blocks are a reasonable substitute for the aluminum test blocks.
However, the heating that occurs using a solid block of ferromagnetic
material may not be representative of how induction cooking tops
actually operate in real-world situations. Typically, induction cooking
tops only induce current in a thin layer of ferromagnetic material in
the cooking vessel, which then heats up the food load. For this reason,
DOE conducted further investigations with hybrid test blocks, as
discussed below.
3. Carbon Steel Hybrid Test Blocks
DOE conducted additional tests using hybrid test blocks to more
closely reflect the real-world operation of induction cooking tops. DOE
fabricated carbon steel hybrid test blocks using a 0.25 inch base of
carbon steel 1018 with a body of aluminum 6061. Typical cookware is
slightly thinner gauge than this base, but DOE chose the base to
preclude against warping while the block heats up. Additionally, DOE
observed that the portable induction unit is packaged with a steel
plate adaptor of roughly the same thickness as DOE's carbon steel base
to allow for cooking with non-ferromagnetic cookware.
Table III.6 provides the component and overall properties of the
carbon steel hybrid test blocks. DOE varied the height of the aluminum
bodies so the overall heat capacities of the hybrid blocks would match
the solid aluminum test blocks described in section III.C.1.

Table III.6--Carbon Steel Hybrid Test Block Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Block diameter Block height Block weight Specific heat Heat capacity
Test block size (in) (in) (lb) (Btu/lb-[deg]F) (Btu/[deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Carbon Steel Base....................................... 6.25 0.25 2.06 0.116 0.24
Small Aluminum Body........................................... 6.25 2.5 7.46 0.23 1.72
Small Total............................................... 6.25 2.75 9.52 0.21 1.96
Large Carbon Steel Base....................................... 9 0.25 4.27 0.116 0.5
Large Aluminum Body........................................... 9 2.72 16.85 0.23 3.87

[[Page 6238]]

Large Total............................................... 9 2.97 21.12 0.21 4.37
--------------------------------------------------------------------------------------------------------------------------------------------------------

DOE tested the carbon steel hybrid test blocks on all six cooking
tops in the test sample. Table III.7 summarizes the test results using
the carbon steel hybrid test blocks for surface units on these
products. As described in section III.C.1, DOE did not test multiple
surface units with equal diameters on the same cooking top, and the
surface unit numbers included in the table are used to differentiate
between surface units on the same cooking top.

Table III.7--Carbon Steel Hybrid Test Block Results
----------------------------------------------------------------------------------------------------------------
95-Percent
Mean confidence
Test block size Cooking top Heating Surface efficiency Standard interval
technology unit % deviation % () %
----------------------------------------------------------------------------------------------------------------
Large........................ A............ Electric Coil... 1 67.78 1.87 2.32
B............ Electric Smooth. 1 52.03 0.78 0.97
2 63.59 0.64 0.79
C............ Gas............. 1 \a\ \b\ \a\ 0.59 \a\ 0.93
18.64
D............ Induction....... 1 65.94 2.68 3.32
E............ Induction....... 1 68.17 1.06 1.31
F............ Induction....... 1 60.10 3.21 3.99
A............ Electric Coil... 2 64.44 1.87 2.32
B............ Electric Smooth. 3 59.71 1.06 1.32
Small........................ D............ Induction....... 2 63.26 0.79 0.98
3 62.88 0.65 0.81
E............ Induction....... 2 63.27 1.19 1.48
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are
typically lower than for electric resistance heating elements.
\b\ Results lower than expected due to a meter error, but consistently low from test-to-test.

The carbon steel hybrid test block results in Table III.7 are
similar to both the aluminum and carbon steel test block results
presented in Table III.3 and Table III.5. The efficiencies for the
conventional cooking tops are slightly lower than with the aluminum
test blocks, and also slightly lower than with the carbon steel test
blocks, but within the 95-percent confidence intervals. However, it is
not clear what effect the hybrid blocks have on the efficiencies for
the induction cooking tops. Five of the six induction surface units
have efficiencies nearly equal to or slightly higher than with the
single carbon steel test blocks. However, the efficiency for surface
unit on Cooking Top F dropped by more than 7 percent.
In addition, after conducting multiple tests using the carbon steel
hybrid test blocks, DOE observed rust forming on the carbon steel base.
DOE was concerned that the rust could lead to inconsistent heat
transfer between the carbon steel base and the aluminum body based on
the amount of rust present, which would affect thermal contact.\4\
Thus, DOE conducted another set of tests using hybrid test blocks with
stainless steel 430 bases that would be more resistant to rust
formation.
---------------------------------------------------------------------------

\4\ Rust also formed on the solid carbon steel test blocks,
which could affect heat transfer and repeatability. These issues
would likely be more significant for the carbon steel hybrid test
blocks due to the additional heat transfer surface between the base
and the test block.
---------------------------------------------------------------------------

4.Stainless Steel Hybrid Test Blocks
The specific heats and densities of carbon steel and stainless
steel are similar, so bases with the same dimensions have similar heat
capacities. Therefore, the same aluminum test bodies were used for both
sets of hybrid block tests. Table III.8 describes the component and
overall properties of the stainless steel hybrid test blocks.

Table III.8--Stainless Steel Hybrid Test Block Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Block diameter Block height Block weight Specific heat Heat capacity
Test block size (in) (in) (lb) (Btu/lb-[deg]F) (Btu/[deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Stainless Steel Base.................................... 6.25 0.25 2.15 0.11 0.24
Small Aluminum Body........................................... 6.25 2.5 7.46 0.23 1.72
Small Total............................................... 6.25 2.75 9.61 0.2 1.96
Large Stainless Steel Base.................................... 9 0.25 4.28 0.11 0.47
Large Aluminum Body........................................... 9 2.72 16.85 0.23 3.87
Large Total............................................... 9 2.97 21.13 0.21 4.34
--------------------------------------------------------------------------------------------------------------------------------------------------------

DOE tested the stainless steel hybrid test blocks on all six
cooking tops in the test sample. Table III.9 summarizes the test
results for surface units on these products using the stainless steel
hybrid test blocks. As described in section III.C.1, DOE did not test
multiple surface units with equal diameters on the same cooking top,
and the surface

[[Page 6239]]

unit numbers included in the table are used to differentiate between
surface units on the same cooking top.

Table III.9--Stainless Steel Hybrid Test Block Results
----------------------------------------------------------------------------------------------------------------
95-Percent
Mean Standard confidence
Test block size Cooking top Heating Surface efficiency deviation interval
technology unit % % () %
----------------------------------------------------------------------------------------------------------------
Large........................ A............ Electric Coil... 1 64.52 0.87 1.08
B............ Electric Smooth. 1 49.19 0.46 0.57
2 59.60 0.46 0.57
C............ Gas............. 1 \a\ \b\ \a\ 1.16 \a\ 1.85
16.27
D............ Induction....... 1 64.19 1.28 1.59
E............ Induction....... 1 64.32 0.91 1.13
F............ Induction....... 1 55.57 1.47 1.83
Small........................ A............ Electric Coil... 2 62.87 2.36 2.93
B............ Electric Smooth. 3 57.75 0.87 1.08
D............ Induction....... 2 62.83 1.47 1.83
3 60.29 0.68 0.84
E............ Induction....... 2 61.81 1.19 1.47
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are
typically lower than for electric resistance heating elements.
\b\ Results lower than expected due to a meter error, but consistently low from test-to-test.

The stainless steel hybrid test block efficiency results in Table
III.9 are on average 2.5 percentage points lower than those for the
carbon steel hybrid test blocks shown in Table III.7. However, the
standard deviations and 95-percent confidence intervals are less than
for the aluminum test blocks, the carbon steel test blocks, and the
carbon steel hybrid test blocks, as shown in Table III.10.

Table III.10--Test Block Comparison
----------------------------------------------------------------------------------------------------------------
Average 95-percent
Test block type Average efficiency % Average standard confidence interval
deviation % () %
----------------------------------------------------------------------------------------------------------------
Aluminum............................. \a\ 56.02 \a\ 1.40 \a\ 1.80
Carbon Steel......................... 59.78 1.36 1.71
Carbon Steel Hybrid.................. 59.15 1.36 1.71
Stainless Steel Hybrid............... 56.60 1.10 1.40
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for electric resistance and gas flame surface units only. For comparison, the average
efficiencies for the carbon steel, carbon steel hybrid, and stainless steel hybrid blocks on these surface
units are 54.99 percent, 54.36 percent, and 51.70 percent respectively.

Because the stainless steel hybrid test blocks produce the most
repeatable results from test-to-test, DOE is proposing that these test
blocks be required for testing induction cooking tops. DOE is also
proposing to amend the existing cooking tops test procedure to
incorporate the stainless steel hybrid blocks for cooking tops with gas
flame or electric resistance heating. This would ensure consistency in
results among all products covered by the proposed definition of
conventional cooking tops. DOE notes that, although the efficiency
results using the stainless steel hybrid test blocks for the cooking
tops with gas flame or electric resistance heating are on average 4.3
percentage points lower than for the aluminum test blocks, the relative
efficiencies among the various surface units remain generally
unchanged.
DOE seeks comment on its proposal to require the use of stainless
steel hybrid test blocks for testing all cooking tops that would be
covered by the proposed definition of conventional cooking tops in an
amended cooking products test procedure, including the potential burden
associated with the requirement for such new test equipment.
5.Water-Heating Tests
To investigate additional test methods that may be representative
of actual consumer usage, DOE conducted a test series based on water
heating in place of metal block heating. Water provides a heating
medium that is more representative of actual consumer use, because many
foods cooked on a cooking top have a relatively high liquid content.
However, water heating introduces additional sources of variability not
present for metal block heating--the temperature distribution in the
water is not always uniform, the properties of the water can vary from
lab to lab, and the ambient conditions and cookware surface effects can
have a large impact on the water boiling and evaporating throughout the
test.
DOE is aware of a draft cooking products test method based on water
heating that is under development by the International Electrotechnical
Commission (IEC). A draft amendment to IEC Standard 60350-2 Edition 1.0
``Household electric cooking appliances--Part 2: Hobs--Method for
measuring performance'' (Draft IEC 60350 Amendment) specifies heating
the water to a certain temperature at the maximum energy input setting,
and then turning the unit to a lower energy input setting for an
extended simmering period.
The Draft IEC 60350 Amendment specifies the quantity of water to be
heated in a standardized cooking vessel whose size is based on the
diameter of the surface unit. For this analysis, DOE chose the two IEC-
specified cooking vessels with diameters closest to the diameters
specified for the aluminum test blocks (6.25 inches and 9 inches). The
cookware consists of a thin-walled stainless steel cylinder attached to
a flat

[[Page 6240]]

stainless steel 430 base plate. The test method also specifies an
aluminum lid with vent holes and a small center hole to fix the
thermocouple in the center of the pot. Table III.11 describes the IEC
cookware and the quantity of water used for DOE's testing.\5\
---------------------------------------------------------------------------

\5\ Section 7.1.Z2 of the Draft IEC 60350 Amendment, ``Cookware
and water amount'', specifies the general construction of the
cookware, and Table Z3, ``Sizes of standardized cookware and water
amounts'', specifies the dimensions of the cookware and quantity of
water based on the diameter or the surface unit under test.

Table III.11--IEC Cookware and Water Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cookware Base thickness Total height Lid diameter Water weight
Cookware size diameter (in) (in) (in) (in) (lbs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small......................................................... 5.91 0.24 4.92 6.5 2.27
Large......................................................... 9.45 0.24 4.92 10.43 5.95
--------------------------------------------------------------------------------------------------------------------------------------------------------

The Draft IEC 60350 Amendment specifies testing at the maximum
energy input rate until a calculated turndown temperature is reached,
at which point the energy input rate is reduced to a setting that will
maintain the water temperature above 194 [deg]F (a simmering
temperature), but as close to 194 [deg]F as possible without additional
adjustment of the low-power setting. The test ends 20 minutes after the
temperature increases above 194 [deg]F. The turndown temperature is
calculated based on an initial test to determine the number of degrees
that the temperature continues to rise after turning the unit off from
the maximum energy input setting. Energy consumption is measured
throughout the entire test, and the final metric describes the energy
in Watt-hours (Wh) per 1000 grams (g) of water necessary to reach and
maintain the simmering temperature.
DOE observed during some tests that the water approached boiling
even at 194 [deg]F, and a significant amount of the water evaporated or
boiled off for all of the tests. Additionally, the simmering water
temperatures varied from test-to-test even at the same reduced setting.
The test method only requires that the simmering temperature stay above
194 [deg]F for a valid test. Certain tests would produce simmering
temperatures around 196 [deg]F, close to the 194[emsp14][deg]F goal,
while others would rise above 200 [deg]F at the same setting. Both
tests would be deemed valid under the method in the Draft IEC 60350
Amendment method, but the normalized energy use results would vary
because the 200 [deg]F test would use significantly more energy.
To address this concern, DOE developed additional calculations to
estimate the efficiency of the water-heating process. The calculations
factor in the total temperature rise of the water to account for
differences in simmering temperatures, and the total amount of water
lost to boiling or evaporation during the test. DOE's method entails
measuring the mass of the cookware plus water at the start and end of
the test. Table III.12 shows the water-heating efficiency results using
the DOE calculation method.

Table III.12--Water-Heating Efficiency Test Results
----------------------------------------------------------------------------------------------------------------
95-percent
Mean Standard confidence
Cookware size Cooking top Heating Surface efficiency deviation interval
technology unit % % () %
----------------------------------------------------------------------------------------------------------------
Large........................ A............ Electric Coil... 1 79.81 1.66 2.06
B............ Electric........ 1 61.81 2.83 3.52
Smooth.......... 2 75.88 3.11 3.86
C............ Gas............. 1 \a\ \b\ \a\ 2.83 \a\ 4.51
26.29
D............ Induction....... 1 81.31 0.28 0.34
E............ Induction....... 1 79.21 0.65 0.81
F............ Induction....... 1 74.17 2.55 3.17
Small........................ A............ Electric Coil... 2 76.99 1.65 2.05
B............ Electric........ 3 68.09 4.12 5.11
Smooth..........
D............ Induction....... 2 79.35 0.37 0.46
3 80.67 1.71 2.13
E............ Induction....... 2 75.99 2.03 2.52
----------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five. In addition, cooking efficiencies for gas burners are
typically lower than for electric resistance heating elements.
\b\ Results lower than expected due to a meter error, but consistently low from test-to-test.

Even after considering differences in the final water temperature
and the amount of water boiled or evaporated during the test, the
variability for the water-heating tests was still greater than for the
metal block tests. Table III.13 compares the standard deviations for
each surface unit tested with both the water-heating and metal block-
heating tests.

[[Page 6241]]

Table III.13--Overall Results Comparison--Coefficient of Variation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standard deviation
----------------------------------------------------------------
Surface Water-
Test block size Cooking top Heating technology unit Carbon Carbon Stainless heating
Aluminum % steel % steel steel efficiency
hybrid % hybrid % %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Large............................. A................. Electric Coil....... 1 2.22 1.59 1.87 0.87 1.66
B................. Electric............ 1 0.64 1.28 0.78 0.46 2.83
Smooth.............. 2 1.06 2.03 0.64 0.46 3.11
C................. Gas................. 1 \a\ 1.01 \a\ 0.92 \a\ 0.59 \a\ 1.16 \a\ 2.83
D................. Induction........... 1 N/A 2.30 2.68 1.28 0.28
E................. Induction........... 1 N/A 0.68 1.06 0.91 0.65
F................. Induction........... 1 N/A 0.56 3.21 1.47 2.55
Small............................. A................. Electric Coil....... 2 2.73 0.54 1.87 2.36 1.65
B................. Electric Smooth..... 3 0.73 1.55 1.06 0.87 4.12
D................. Induction........... 2 N/A 1.04 0.79 1.47 0.37
3 N/A 2.70 0.65 0.68 1.71
E................. Induction........... 2 N/A 1.08 1.19 1.19 2.03
Average .................. .................... ......... 1.40 1.36 1.36 1.10 1.98
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Values describe data for four tests, not five.

The water-heating test variability could potentially be reduced by
more stringent tolerances on the ambient conditions. Ambient air
pressure, temperature, and humidity significantly impact the amount of
water that evaporates during the test and the temperature at which the
water begins to boil. Appendix I, however, only specifies ambient air
temperature, and its relatively large tolerance, 77 [deg]F
9 [deg]F, could contribute to increased test variability.
Because the water-heating tests do not show an improvement in
repeatability from test-to-test under the current DOE test conditions
compared to the metal block tests, and because achieving closer ambient
temperature tolerances would potentially place a high burden on
manufacturers, DOE is proposing to use stainless steel hybrid test
blocks in the test procedure for all products covered under the
proposed definition of conventional cooking tops.
DOE acknowledges that the water-heating tests may better reflect
actual consumer behavior for cooking tops, and invites comment on
whether water-heating tests should be considered in place of the metal
block-heating tests. DOE also invites comment on the appropriate test
method and conditions for water-heating tests, and the burden that
would be incurred by more stringent specifications for ambient
conditions.
6. Non-Circular Electric Surface Units
As discussed in the beginning of section III.C, the small test
block (6.25 inches diameter) is used for testing surface units with
diameters of 7 inches or less, and the large test block (9 inches
diameter) is used for electric surface units with diameters greater
than 7 inches and all gas surface units. These provisions do not
address how to determine the proper test block size for testing non-
circular electric surface units.
DOE is aware that the Draft IEC 60350 Amendment requires measuring
the dimensions of each side of rectangular or similar electric surface
units, and by measuring the major and minor dimensions of elliptical or
similar electric surface units. For these types of surface units, the
smallest dimension is used to determine the cookware size according to
the Draft IEC 60350 Amendment.
DOE lacks information on the size of the cookware consumers
typically use for non-circular surface units. Given this lack of
consumer use data, and given the potential non-representative thermal
behavior of a test block in which a portion of the bottom is not
exposed to the surface unit, DOE proposes to amend section 3.2.1 of
Appendix I to replace the reference to an electric surface unit's
diameter with the electric surface unit's smallest dimension to account
for surface units of all shapes. This is consistent with the method
included in the Draft IEC 60350 Amendment. DOE does not propose to
change the requirement that all gas surface units be tested using the
large test block.
DOE invites comments on whether using the smallest dimension of an
electric surface unit is appropriate for determining the proper test
block size.

D. Standby and Off Mode Test Procedure

EISA 2007 amended EPCA to require that DOE amend its test
procedures for all covered residential products, including cooking
products, to include measures of standby mode and off mode energy
consumption, if technically feasible. (42 U.S.C. 6295(gg)(2)(A))
Accordingly, DOE recently conducted a separate rulemaking for
conventional cooking products, dishwashers, and dehumidifiers to
address standby and off mode energy consumption.\6\ In the October 2012
Final Rule, DOE addressed standby mode and off mode energy consumption,
as well as active mode fan-only operation, for conventional cooking
products. 77 FR 65942.
---------------------------------------------------------------------------

\6\ DOE pursued amendments to Appendix I addressing standby and
off mode energy for microwave ovens as part of a separate
rulemaking. The most recent notice for this rulemaking is the SNOPR
published on May 16, 2012. 76 FR 72322.
---------------------------------------------------------------------------

Today's NOPR proposes a change to the definition of ``conventional
cooking top'' to include induction technologies. Under this proposed
definition, induction cooking tops would be covered by the standby and
off mode test procedures adopted in the separate test procedure
rulemaking.
DOE did not observe any standby mode or off mode operation or
features unique to induction cooking tops that would warrant any
changes to the standby mode and off mode test methods adopted by the
October 2012 Final Rule for conventional cooking tops. DOE invites
comment on whether induction cooking products require separate
consideration for standby mode and off mode testing.

E. Compliance With Other EPCA Requirements

EPCA requires that any new or amended test procedures for
residential products must be reasonably designed to produce test
results which measure energy efficiency, energy use, or

[[Page 6242]]

estimated annual operating cost of a covered product during a
representative average use cycle or period of use, and must not be
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
DOE tentatively concludes that the amended test procedures would
produce test results that measure the energy consumption of cooking
tops during representative use, and that the test procedures would not
be unduly burdensome to conduct.
The test procedure proposed in today's NOPR follows the same method
currently included in Appendix I for testing cooking tops, but would
replace the aluminum test blocks with stainless steel hybrid blocks.
DOE estimates current testing represents a cost of roughly $500 per
test for labor, with a one-time investment of $2,000 for test equipment
($1,000 for test blocks and $1,000 for instrumentation). The proposed
reusable test blocks would represent an additional one-time expense of
approximately $500 for each test block, or $1000 for each pair of large
and small diameter test blocks. No additional instrumentation would be
required beyond what is required in the current test procedure. DOE
does not believe this additional cost represents an excessive burden
for test labs or manufacturers given the significant investments
necessary to manufacture, test and market consumer appliances, as
described further in section IV.B below. The only additional time
burden associated with the proposed test method is the time required to
weigh the stainless steel base in addition to the aluminum body. This
additional step in the test procedure would increase the test duration
by about 2 minutes per surface unit.
DOE concluded in the test procedure rulemaking for cooking products
preceding today's NOPR, completed recently by the publication of the
October 2012 Final Rule (see section I.B. for the rulemaking history
for today's NOPR), that the amended test procedure is not unduly
burdensome to conduct. In today's NOPR, DOE further concludes, given
the small magnitude of the proposed changes (both in terms of the new
test blocks and the time needed to take the test), that the newly
proposed amended test procedure for cooking products would not be
unreasonably burdensome to conduct.

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 proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. The proposed rule would amend the test method for
measuring the energy efficiency of conventional cooking tops and ranges
to include test methods applicable to induction cooking products.
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers or earns less than the average
annual receipts specified in 13 CFR part 121. The threshold values set
forth in these regulations use size standards and codes established by
the North American Industry Classification System (NAICS) that are
available at: https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. The threshold number for NAICS classification
code 335221, titled ``Household Cooking Appliance Manufacturing,'' is
750 employees; this classification includes manufacturers of
residential conventional cooking products.
Most of the manufacturers supplying conventional cooking products
are large multinational corporations. DOE surveyed the AHAM member
directory to identify manufacturers of residential conventional cooking
products. DOE then consulted publicly-available data, purchased company
reports from vendors such as Dun and 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 are two small businesses
that manufacture conventional cooking products.
For the reasons stated in the preamble, DOE has tentatively
concluded that the proposed rule would not have a significant impact on
either small or large manufacturers under the applicable provisions of
the Regulatory Flexibility Act. The proposed rule would amend DOE's
test procedures for cooking products by incorporating testing
provisions to address active mode energy consumption for induction
cooking products that will be used to develop and test compliance with
any future energy conservation standards that may be established by
DOE. The test procedure amendments involve the measurement of active
mode energy consumption through the use of a different metal test block
than is currently specified for conventional cooking tops. The proposed
amendments would also apply for testing products currently considered
conventional cooking tops. DOE estimates a cost for this new equipment
of approximately $1000. Additionally, DOE estimates a cost of roughly
$6,000 for manufacturers to test induction cooking products not
currently covered by the test procedure. This estimate assumes $500 per
test, as described in section III.E, with up to 12 total tests needed
assuming three induction cooking top models with four individual tests
per cooking top model. This cost is small compared to the average
annual revenue of the two identified small businesses, which DOE
estimates to be over $40 million.\7\ These tests follow the same
methodology and can be conducted in the same facilities used for the
current energy testing of conventional cooking tops, so there would be
no additional facilities costs required by the proposed rule.
---------------------------------------------------------------------------

\7\ Estimated average revenue is based on financial information
provided for the two small businesses in reports provided by Dun and
Bradstreet.
---------------------------------------------------------------------------

For these reasons, DOE tentatively concludes and certifies that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a

[[Page 6243]]

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 conventional cooking products 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 conventional cooking
products, 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 conventional cooking products. (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.
There is currently no information collection requirement related
specifically to induction cooking tops. In the event that DOE proposes
an energy conservation standard with which manufacturers must
demonstrate compliance, or otherwise proposes to require the collection
of information derived from the testing of induction cooking tops
according to this test procedure, DOE will seek OMB approval of such
information collection requirement. DOE will seek approval either
through a proposed amendment to the information collection requirement
approved under OMB control number 1910-1400 or as a separate proposed
information collection requirement.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for conventional cooking products. 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 proposed rule would
amend the existing test procedures without affecting the amount,
quality or distribution of energy usage, and, therefore, would 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 has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of today's proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 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,
the proposed rule meets the relevant standards of Executive Order
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish 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

[[Page 6244]]

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
proposed 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.
This rule would 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 would 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 proposed 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 proposed 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 proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of conventional cooking products 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 proposed
rule authorizes or requires use of commercial standards, the notice of
proposed 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 amendments proposed in today's NOPR do not authorize
or require the use of any commercial standards.

V. Public Participation

A. Attendance at Public Meeting

The time, date and location of the public meeting are listed in the
DATES and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting, please notify Ms. Brenda Edwards at
(202) 586-2945 or Brenda.Edwards@ee.doe.gov. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE as soon as possible by contacting Ms.
Edwards to initiate the necessary procedures. Please also note that
those wishing to bring laptops into the Forrestal Building will be
required to obtain a property pass. Visitors should avoid bringing
laptops, or allow an extra 45 minutes.
In addition, you can attend the public meeting via Webinar. Webinar
registration information, participant instructions, and information
about the capabilities available to Webinar participants will be
published on DOE's Web site https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/57. Participants are
responsible for ensuring their systems are compatible with the Webinar
software.

B. Procedure for Submitting Prepared General Statements For
Distribution

Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this NOPR. The request and advance copy of statements must be
received at least one week before the public meeting and may be
emailed, hand-delivered, or sent by mail. DOE prefers to receive
requests and advance copies via email. Please include a telephone
number to enable DOE staff to make a follow-up contact, if needed.

C. Conduct of Public Meeting

DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and

[[Page 6245]]

prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting, interested parties may
submit further comments on the proceedings as well as on any aspect of
the rulemaking until the end of the comment period.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this NOPR. In addition, any person may buy a copy of the transcript
from the transcribing reporter.

D. Submission of Comments

DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this NOPR. Any
comments submitted must identify the NOPR for Test Procedures for
Conventional Cooking Products, and provide docket number EERE-2012-BT-
TP-0013 and/or regulatory information number (RIN) number 1904-AC71.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.

[[Page 6246]]

It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. Proposed Amended Definitions
DOE requests comment on the proposed amended definitions of
``conventional cooking top'' and ``active mode.'' (See section III.A)
2. Stainless Steel Hybrid Test Blocks
DOE seeks comment on its proposal to require the use of stainless
steel hybrid test blocks for testing all cooking tops that would be
covered by the proposed definition of conventional cooking tops in an
amended cooking products test procedure, including the potential burden
associated with the requirement for such new test equipment. (See
section III.C.4)
3. Water-Heating Test
DOE invites comment on whether water-heating tests should be
considered in place of the metal block-heating tests, and on the
appropriate water-heating test method and conditions. DOE also invites
comment on the burden that would be incurred by more stringent
specifications for ambient conditions. (See section III.C.5)
4. Non-Circular Electric Surface Units
DOE invites comments on whether using the smallest dimension of an
electric surface unit is appropriate for determining the proper test
block size. (See section III.C.6)
5. Standby and Off Mode
DOE requests comment on whether induction cooking products include
any unique features or operational modes that would not be covered by
the definitions and standby and off mode test procedures included in
the October 2012 Final Rule. 77 FR 65942. (See section III.D)

VI. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this proposed
rule.

List of Subjects in 10 CFR Part 430

Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.

Issued in Washington, DC, on January 18, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.

For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by revising the definition for
``conventional cooking top'' to read as follows:

Sec. 430.2 Definitions.

* * * * *
Conventional cooking top is a household cooking appliance within a
class of kitchen ranges and ovens, each of which consists of a
horizontal surface containing one or more surface units that utilize a
gas flame, electric resistance heating, or electric inductive heating.
* * * * *

Appendix I--[Amended]

0
3. Appendix I to subpart B of part 430 is amended by:
0
a. Revising the Note;
0
b. Revising section 1.1 in section 1. Definitions;
0
c. Revising sections 2.7, 2.7.2, and 2.7.3 in section 2. Test
Conditions;
0
d. Revising sections 3.1.2 and 3.3.2 in section 3. Test Methods and
Measurements; and
0
e. Revising sections 4.2.1.1 and 4.2.1.2 in section 4. Calculation of
Derived Results From Test Measurements.

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 related to active mode energy
consumption of conventional ranges, conventional cooking tops
(except for induction cooking products), and conventional ovens must
be based upon results generated under this test procedure. Any
representation made after April 29, 2013 related to standby mode and
off mode energy consumption of conventional ranges, conventional
cooking tops (except for induction cooking products), and
conventional ovens, and any representation made after [INSERT DATE
180 DAYS AFTER FINAL RULE PUBLICATION IN THE FEDERAL REGISTER]
related to any energy consumption of induction cooking products,
must be based upon results generated under this test procedure.
Any representation made after July 17, 2013 related to standby
mode and off mode energy consumption of microwave ovens must also be
based upon this test procedure. Any representation related to
standby mode and off mode energy consumption of microwave ovens made
between February 17, 2013 and July 17, 2013 may be based upon
results generated under this test procedure or upon the test
procedure 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, use of the applicable
provisions of this test procedure to demonstrate compliance with the
energy conservation standard will also be required.

1. Definitions

1.1 Active mode means a mode in which the product is connected
to a mains power source, has been activated, and is performing the
main function of producing heat by means of a gas flame, electric
resistance heating, electric inductive heating, or microwave energy,
or circulating air internally or externally to the cooking product.
Delay start mode is a one-off, user-initiated, short-duration
function that is associated with an active mode.
* * * * *

2. Test Conditions

* * * * *
2.7 Test blocks for conventional oven and cooking top. The test
blocks for conventional ovens and the test block bodies for
conventional cooking tops shall be made of aluminum alloy No. 6061,
with a specific heat of 0.23 Btu/lb- [deg]F (0.96 kJ/[kg / [deg]C])
and with any temper that will give a coefficient of thermal
conductivity of 1073.3 to 1189.1 Btu-in/h-ft\2\- [deg]F (154.8 to
171.5 W/[m / [deg]C]). Each test block and test block body shall
have a hole at its top. The hole shall be 0.08 inch (2.03 mm) in
diameter and 0.80 inch (20.3 mm) deep. Other means may be provided
which will ensure that the thermocouple junction is installed at
this same position and depth.
The test block bases for conventional cooking tops shall be made
of stainless steel grade 430, with a specific heat of 0.11 Btu/lb-
[deg]F (0.46 kJ/[kg / [deg]C]) and with coefficient of thermal
conductivity of 172.0 to 190.0 Btu-in/h-ft\2\- [deg]F (24.8 to 27.4
W/[m / [deg]C]).
The bottom of each test block and test block body, and top and
bottom of each test block base, shall be flat to within 0.002 inch
(0.051 mm) TIR (total indicator reading). Determine the actual
weight of each test block, test block body, and test block base

[[Page 6247]]

with a scale with an accuracy as indicated in section 2.9.5 of this
appendix.
* * * * *
2.7.2 Small test block for conventional cooking top. The small
test block shall comprise a body and separate base. The small test
block body, W2, shall be 6.250.05 inches
(158.81.3 mm) in diameter, approximately 2.5 inches (64
mm) high and shall weigh 7.50.1 lbs (3.400.05 kg). The small test block base, W3, shall be
6.250.05 inches (158.81.3 mm) in diameter,
approximately 0.25 inches (6.4 mm) high and shall weigh 2.20.1 lbs (1.000.05 kg). The small test block body
shall not be fixed to the base, and shall be centered over the base
for testing.
2.7.3 Large test block for conventional cooking top. The large
test block shall comprise a body and separate base. The large test
block body for the conventional cooking top, W4, shall be
90.05 inches (228.61.3 mm) in diameter,
approximately 2.7 inches (69 mm) high and shall weigh 16.90.1 lbs (7.670.05 kg). The large test block base,
W5, shall be 90.05 inches (228.61.3 mm) in diameter, approximately 0.25 inches (6.4 mm) high
and shall weigh 4.30.1 lbs (1.950.05 kg).
The large test block body shall not be fixed to the base, and shall
be centered over the base for testing.
* * * * *

3. Test Methods and Measurements

* * * * *
3.1.2 Conventional cooking top. Establish the test conditions
set forth in section 2, Test Conditions, of this appendix. Turn off
the gas flow to the conventional oven(s), if so equipped. The
temperature of the conventional cooking top shall be its normal
nonoperating temperature as defined in section 1.12 and described in
section 2.6 of this appendix. Set the test block in the center of
the surface unit under test. The small test block, W2 and
W3, shall be used on electric surface units with a
smallest dimension of 7 inches (178 mm) or less. The large test
block, W4 and W5, shall be used on electric
surface units with a smallest dimension over 7 inches (178 mm) and
on all gas surface units. Turn on the surface unit under test and
set its energy input rate to the maximum setting. When the test
block reaches 144[emsp14][deg]F (80 [deg]C) above its initial test
block temperature, immediately reduce the energy input rate to
255 percent of the maximum energy input rate. After
150.1 minutes at the reduced energy setting, turn off
the surface unit under test.
* * * * *
3.3.2 Record measured test block, test block body, and test
block base weights W1, W2, W3,
W4, and W5 in pounds (kg).
* * * * *

4. Calculation of Derived Results From Test Measurements

* * * * *
4.2 * * *
4.2.1 * * *
4.2.1.1 Electric surface unit cooking efficiency. Calculate the
cooking efficiency, EffSU, of the electric surface unit
under test, defined as:
[GRAPHIC] [TIFF OMITTED] TP30JA13.011

Where:
WTB = measured weight of test block body,
W2 or W4, expressed in pounds (kg).
Cp,TB = 0.23 Btu/lb-[deg]F (0.96 kJ/kg / [deg]C),
specific heat of test block body.
WB = measured weight of test block base,
W3 or W5, expressed in pounds (kg).
Cp,B = 0.11 Btu/lb-[deg]F (0.46 kJ/kg / [deg]C),
specific heat of test block base.
TSU = temperature rise of the test block: Final test
block temperature, TCT, as determined in section 3.2.2 of
this appendix, minus the initial test block temperature,
TI, expressed in [deg]F ([deg]C) as determined in section
2.7.5 of this appendix.
Ke = 3.412 Btu/Wh (3.6 kJ/Wh), conversion factor of
watt-hours to Btu's.
ECT = measured energy consumption, as determined
according to section 3.2.2 of this appendix, expressed in watt-hours
(kJ).

4.2.1.2 Gas surface unit cooking efficiency. Calculate the cooking
efficiency, EffSU, of the gas surface unit under test,
defined as:
[GRAPHIC] [TIFF OMITTED] TP30JA13.012

Where:
WTB = measured weight of test block body as measured
in section 3.3.2 of this appendix, expressed in pounds (kg).
WB = measured weight of test block base as measured
in section 3.3.2 of this appendix, expressed in pounds (kg).
Cp,TB, Cp,B, and TSU are the
same as defined in section 4.2.1.1 of this appendix.
and,
E = (VCT x H) + (EIC x Ke),

Where:
VCT = total gas consumption in standard cubic feet
(L) for the gas surface unit test as measured in section 3.2.2.1 of
this appendix.
EIC = electrical energy consumed in watt-hours (kJ)
by an ignition device of a gas surface unit as measured in section
3.2.2.1 of this appendix.
Ke = 3.412 Btu/Wh (3.6 kJ/Wh), conversion factor of
watt-hours to Btu's.
H = either Hn or Hp, the heating value of
the gas used in the test as specified in sections 2.2.2.2 and
2.2.2.3 of this appendix, expressed in Btu's per standard cubic foot
(kJ/L) of gas.

* * * * *
[FR Doc. 2013-01526 Filed 1-29-13; 8:45 am]
BILLING CODE 6450-01-P

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