Energy Conservation Program: Test Procedure for Microwave Ovens, 41759-41766 [2021-16023]
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41759
Proposed Rules
Federal Register
Vol. 86, No. 146
Tuesday, August 3, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2017–BT–TP–0024]
RIN 1904–AE01
Energy Conservation Program: Test
Procedure for Microwave Ovens
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of
proposed rulemaking and request for
comment.
AGENCY:
On November 14, 2019, the
U.S. Department of Energy (‘‘DOE’’)
published a notice of proposed
rulemaking (‘‘NOPR’’) for the test
procedure for microwave ovens.
Following receipt of comments, DOE is
publishing this supplemental notice of
proposed rulemaking (‘‘SNOPR’’) for the
limited purpose of clarifying the current
procedure for testing a microwave oven
that has a connected (i.e., network)
function, which is generally to disable
the connected function when measuring
standby mode power consumption.
Further, DOE proposes to explicitly
specify in its test procedure that standby
power be measured with the connected
function enabled if the means for
disabling the network function are not
provided in the manufacturer’s user
manual. DOE is seeking comment from
interested parties on the proposal.
DATES: DOE will accept comments, data,
and information regarding this proposal
no later than September 2, 2021. See
section V, ‘‘Public Participation,’’ for
details.
SUMMARY:
Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2017–BT–TP–0024, by
any of the following methods:
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ADDRESSES:
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1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to MWO2017TP0024@
ee.doe.gov. Include docket number
EERE–2017–BT–TP–0024 in the subject
line of the message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
V of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing Covid–19 pandemic. DOE is
currently suspending receipt of public
comments via postal mail and hand
delivery/courier. If a commenter finds
that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the Covid–19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts (if a public
meeting is held), comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/
docket?D=EERE-2017-BT-TP-0024. The
docket web page contains instructions
on how to access all documents,
including public comments, in the
docket. See section V for information on
how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–2J,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
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Telephone: (202) 287–1943. Email
MWO2017TP0024@ee.doe.gov.
Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. Email:
Celia.Sher@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in a public meeting (if one is held),
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Connected Functions
B. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
V. Public Participation
A. Submission of Comments
VI. Approval of the Office of the Secretary
I. Authority and Background
‘‘Kitchen ranges and ovens,’’ which
include microwave ovens, are included
in the list of ‘‘covered products’’ for
which DOE is authorized to establish
and amend energy conservation
standards and test procedures. (42
U.S.C. 6292(a)(10)) DOE’s energy
conservation standard for microwave
ovens is currently prescribed at title 10
of the Code of Federal Regulations
(‘‘CFR’’) part 430 section 430.32(j).
Currently, the energy conservation
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standard for microwave ovens addresses
standby mode and off mode power use
only. DOE’s test procedures for
microwave ovens are prescribed at 10
CFR 430.23(i) and appendix I to subpart
B of 10 CFR part 430 (‘‘Appendix I’’).
The following sections discuss DOE’s
authority to establish test procedures for
microwave ovens and relevant
background information regarding
DOE’s consideration of test procedures
for this product.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include microwave ovens, the
subject of this document. (42 U.S.C.
6292(a)(10))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
those consumer products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
1 All
references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
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 requires that any test procedures
prescribed or amended under this
section 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
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE
amend its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption. (42 U.S.C. 6295(gg)(2)(A))
Standby mode and off mode energy
consumption must be incorporated into
the overall energy efficiency, energy
consumption, or other energy descriptor
for each covered product unless the
current test procedures already account
for and incorporate standby mode and
off mode energy consumption or such
integration is technically infeasible. If
an integrated test procedure is
technically infeasible, DOE must
prescribe a separate standby mode and
off mode energy use test procedure for
the covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A)(ii))
Any such amendment must consider the
most current versions of the
International Electrotechnical
Commission (‘‘IEC’’) Standard 62301 3
and IEC Standard 62087 4 as applicable.
(42 U.S.C. 6295(gg)(2)(A))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including microwave ovens, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements for
the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on her
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
3 IEC 62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
4 IEC 62087, Methods of measurement for the
power consumption of audio, video, and related
equipment (Edition 3.0, 2011–04).
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amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days.5 In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. DOE is publishing this
SNOPR in accordance with the 7-year
review requirement specified in EPCA.
(42 U.S.C. 6293(b)(1)(A))
B. Background
On November 14, 2019, DOE
published a NOPR (‘‘November 2019
NOPR’’) that, in part, proposed to
amend the standby mode test procedure
of microwave ovens to explicitly
provide that microwave ovens with
connected functions (e.g., microwave
ovens that use Bluetooth® technology,
Wi-Fi, or internet connections) are to be
tested with network functions disabled.
84 FR 61836, 61843. DOE further
proposed that if the connected function
cannot be disabled per manufacturer’s
instructions in the owner’s manual (e.g.,
by pressing a button on the microwave
oven’s control panel), the energy use of
such connected function need not be
5 DOE has historically provided a 75-day
comment period for test procedure NOPRs pursuant
to the North American Free Trade Agreement, U.S.Canada-Mexico (‘‘NAFTA’’), Dec. 17, 1992, 32
I.L.M. 289 (1993); the North American Free Trade
Agreement Implementation Act, Public Law 103–
182, 107 Stat. 2057 (1993) (codified as amended at
10 U.S.C.A. 2576) (1993) (‘‘NAFTA Implementation
Act’’); and Executive Order 12889, ‘‘Implementation
of the North American Free Trade Agreement,’’ 58
FR 69681 (Dec. 30, 1993). However, on July 1, 2020,
the Agreement between the United States of
America, the United Mexican States, and the United
Canadian States (‘‘USMCA’’), Nov. 30, 2018, 134
Stat. 11 (i.e., the successor to NAFTA), went into
effect, and Congress’s action in replacing NAFTA
through the USMCA Implementation Act, 19 U.S.C.
4501 et seq. (2020), implies the repeal of E.O. 12889
and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are
EPCA and the USMCA Implementation Act.
Consistent with EPCA’s public comment period
requirements for consumer products, the USMCA
only requires a minimum comment period of 60
days. In the present case, DOE initially provided 60
days for comment on the proposed rulemaking. 84
FR 61835 (Nov. 11, 2019). DOE is providing an
additional 30-day comment period for the
supplemental proposal presented in this document.
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reported to DOE nor used in
determining compliance with the
applicable energy conservation
standard. Id. Aside from an alternative
approach of generally subtracting the
energy use of the network functions
from the standby mode energy
measurement, DOE did not propose a
specific test method or calculation for
disaggregating energy use from a
connected function from standby energy
use in those instances in which the
connected function cannot be disabled
per manufacturer’s instructions. DOE
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held a public meeting via a webinar to
present the proposed amendments and
provide stakeholders an opportunity to
comment.6
DOE received comments in response
to the November 2019 NOPR from the
interested parties listed in Table I.1.
TABLE I.1—WRITTEN COMMENTS RECEIVED IN RESPONSE TO NOVEMBER 2019 NOPR
Organization(s)
Reference in this SNOPR
Association of Home Appliance Manufacturers .........................................................
California Investor Owned Utilities (Pacific Gas and Electric Company, San Diego
Gas and Electric, and Southern California Edison).
Natural Resources Defense Council, Appliance Standards Awareness Project,
American Council for an Energy-Efficient Economy, National Consumer Law
Center, Consumer Federation of America, Northwest Energy Efficiency Alliance.
Whirlpool Corporation ................................................................................................
AHAM ................................
CA IOUs ............................
Trade Association.
Utility Association.
Joint Commenters .............
Efficiency Organizations.
Whirlpool ............................
Manufacturer.
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.7 This SNOPR addresses
only those comments relevant to the
proposals laid out in this document; all
other relevant comments will be
addressed in a future test procedure
final rule for microwave ovens.
II. Synopsis of the Notice of Proposed
Rulemaking
In this SNOPR, DOE revises its
November 2019 NOPR proposal for
testing microwave ovens with a
connected function and specifies
explicitly that if the manufacturer’s user
manual does not provide a means for
disabling the network function, the
microwave oven is tested with the
network function in the factory default
setting or in the as-shipped condition.
DOE has tentatively determined that
this approach to testing microwave
ovens with a connected function would
not impact the measured standby energy
use of a microwave oven nor impact the
cost of testing. Discussion of DOE’s
proposed actions are addressed in detail
in section III of this SNOPR.
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III. Discussion
A. Connected Functions
As stated, the energy conservation
standard for microwave ovens at 10 CFR
430.23(i) and the test procedure at
Appendix I address standby mode and
off mode energy use only. In
establishing the standby energy test
procedures for dishwashers,
dehumidifiers, and conventional
cooking products, DOE explicitly stated
that it was not including the energy use
associated with a connected function
6 The transcript of the public meeting is available
at www.regulations.gov/document?D=EERE-2017BT-TP-0024-0011.
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Organization type
based on the lack of data on their
functionality, but that DOE may
consider addressing such energy use as
data becomes available. 77 FR 65942,
65954 (Oct. 31, 2012). DOE’s most
recent test procedure for microwave
ovens did not address network
functionality. 81 FR 91418 (Dec. 16,
2016).
Section 2.1.3 of Appendix I generally
specifies that a microwave oven must be
installed in accordance with paragraph
5.2 of IEC Standard 62301, ‘‘Household
electrical appliances—Measurement of
standby power,’’ Edition 2.0, 2011–01
(IEC Standard 62301 (Second Edition)),
which states that the product must be
prepared and setup in accordance with
manufacturer’s instructions, and if no
instructions for use are available, then
factory or default settings must be used,
or if such settings are not indicated, the
product must be tested as supplied.
DOE recognizes that there may be some
confusion as to how the direction in
section 2.1.3 applies to connected
functions. In order to minimize
potential confusion, DOE proposed to
include explicit instruction in
Appendix I to disable a connected
function, if present. 84 FR 61836, 61843.
AHAM and Whirlpool expressed
support for disabling connected features
during testing. (AHAM, No. 15 at p. 4;
Whirlpool, No. 16 at p. 1) AHAM stated
that connected functionalities,
consumers’ usage, and understanding of
such features are still developing, and
that regulating such features could stifle
innovation, increase regulatory burden,
and prevent manufacturers from
including them. (AHAM, No. 15 at p. 4)
AHAM further commented that
connected features can add energy
saving benefits to consumers, increase
energy efficiency of the grid, help
utilities increase demand response, and
facilitate renewable energy sources;
however, because connected products
are still in early stages of development
with limited market penetration, no
meaningful data on consumer use is
available yet. (AHAM, No. 15 at p. 4)
CA IOUs disagreed with excluding the
energy use from connected functions,
stating that connected functions could
qualify under EPCA’s definition of
standby mode by remotely facilitating
the activation or deactivation of
functions, including active mode. (CA
IOUs, No. 14 at p. 1) CA IOUs further
suggested that DOE consider California
Energy Commission’s (‘‘CEC’s’’) low
power mode data collection
requirements, as well as low power
requirements by the European Union
(‘‘EU’’) and other jurisdictions, when
investigating how to regulate connected
functions’ power consumption. (CA
IOUs, No. 14 at p. 2)
The Joint Commenters opposed
excluding the energy use from
connected functions, stating that this
approach would deny consumers
accurate information about microwave
ovens’ energy usage. (Joint Commenters,
No. 13 at p. 3) The Joint Commenters
stated that a growing number of
connected features are being added to
products, and that their energy
consumption can vary widely. The Joint
Commenters cited Natural Resources
Defense Council research data showing
a wide variation in the standby mode
energy consumption of connected
functions on televisions, ranging from 1
watt (‘‘W’’) on some models to 20 W on
others. (Joint Commenters, No. 13 at pp.
7 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking for the test procedure for microwave
ovens. (Docket No. EERE–2017–BT–TP–0024,
which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
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3–4) The Joint Commenters further
asserted that DOE’s exclusion of energy
use from connected features in the test
procedure harms consumers and
manufacturers that implemented these
features efficiently. (Joint Commenters,
No. 13 at p. 4) The Joint Commenters
urged DOE to undertake its own
investigation of the energy use of
connected features. (Joint Commenters,
No. 13 at p. 4)
DOE is aware of microwave ovens on
the market with connected functionality
to communicate with other cooking
products, such as a range, or with a
consumer, either via voice commands or
a smartphone or other device. Such a
feature could consume additional
energy use, depending on how it is
implemented in the product’s controls.
However, DOE lacks sufficient data to
design a test procedure that measures
the energy use associated with a
connected function that is
representative of average use, as
required by EPCA. (See 42 US.C.
6293(b)(3)) As stated in the November
2019 NOPR, for a unit that is connected
to the internet, the speed and
configuration of an internet connection
could also impact the energy consumed
by the device. 84 FR 61836, 61843.
Based on a review of manufacturer
websites and user manuals of various
appliances, as well as testing conducted
in-house and at third-party laboratories,
connected features in microwave ovens
are also implemented in a variety of
ways across different brands similar to
the Joint Commentators findings with
regards to the implementation of
standby mode in televisions. Id. Further,
the design and operation of these
features is continuously evolving as the
nascent market begins to grow for these
products. Id.
In addition, DOE notes that the CEC’s
low power mode open rulemaking 8 is
still in an early development stage,
during which CEC is actively seeking
stakeholder feedback. CEC’s stated goal
for the low power mode open
rulemaking is to develop a test
procedure for low power mode energy
consumption across a wide variety of
products.
DOE notes that CEC’s draft test
procedure does not measure the energy
consumption of the individual network
components of connected devices.
Similarly, the EU’s regulation on low
power modes 9 also does not address
8 Available at https://efiling.energy.ca.gov/Lists/
DocketLog.aspx?docketnumber=17-AAER-12.
9 Available at https://ec.europa.eu/info/energyclimate-change-environment/standards-tools-andlabels/products-labelling-rules-and-requirements/
energy-label-and-ecodesign/energy-efficient-
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how to individually measure the energy
consumption of the network
components of connected devices;
rather, it requires measuring the device
energy consumption as a whole and
provides a 0.5 W maximum power
allowance for standby mode and off
mode, or 1.0 W maximum standby
power for units with a display. The EU’s
regulation also provides design
requirements for networked standby
mode, requiring connected devices to
automatically switch to a networked
standby mode when not in use.
DOE is not aware of any data
available, nor did interested parties
provide any such data, regarding the
consumer use of connected features.
Absent such data, DOE is unable to
establish a representative test
configuration for assessing the energy
consumption of connected functionality
for microwave ovens. Therefore, DOE is
proposing explicit language to require a
connected function be disabled, where
possible.
DOE requests information and data on
the consumer use of connected
functions.
In the November 2019 NOPR, DOE
proposed a test procedure provision to
address instances in which a user
manual does not provide for disabling a
connected function. 84 FR 61836,
61843. DOE proposed that in such an
instance, the energy use associated with
a connection function need not be
reported to DOE nor used in
determining compliance with the
applicable energy conservation
standard. Id. DOE recognized that
alternative approaches could be
considered to address the issue of
microwave ovens that do not provide a
means for disabling connected
functionality and suggested that one
such approach could be to require the
energy use of the network function to be
measured and subtracted from the
standby mode energy measurement. Id.
However, DOE did not propose a
specific method for determining the
energy associated with a connected
function so that it could be
disaggregated from the measured
standby energy use.
In certain microwave oven models,
the circuitry that enables connected
functions can be tightly integrated into
the circuitry that provides core
functionality. In these conditions,
disabling connected functions would
require extensive reconfiguration of a
microwave oven’s circuitry. For such a
model, with no means for the consumer
to disable the connected functions, a
products/mode-standby-and-networked-standby_
en.
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test procedure that is ‘‘reasonably
designed to produce test results which
measure [the] energy use’’ of that model
‘‘during a representative average use
cycle or period of use’’ would include
the energy used by the connected
functions. The same would be true of
any energy-consuming function that a
manufacturer might add to a model
without allowing it to be disabled.
Therefore, DOE is proposing to
explicitly state in Appendix I that if
manufacturer instructions provided in a
microwave oven’s user manual do not
provide for disabling a connected
function, the standby power test
procedure is conducted with the
connected function in the ‘‘as-shipped’’
condition.
To the extent that manufacturer
instructions do not provide for disabling
a connected function, this proposal is
consistent with the current test
procedure in Appendix I. Section 2.1.1
of Appendix I specifies that a
microwave oven must be installed in
accordance with paragraph 5.2 of IEC
62301 (Second Edition), which states
that the product must be prepared and
setup in accordance with
manufacturer’s instructions; and if no
instructions are available, then the unit
must be tested using factory or default
settings, or, in case such settings are not
indicated, the product must be tested as
supplied.
DOE requests comment on the
proposed requirements for testing
microwave ovens with network function
in the ‘‘as-shipped’’ condition if the
manufacturer instructions do not
provide for disabling such function.
DOE is maintaining its proposal from
the November 2019 NOPR regarding the
standby power provisions related to
microwave oven clock display and will
address this proposal in a future test
procedure final rule. 84 FR 61836,
61841–61842.
B. Compliance Date
EPCA prescribes that, if DOE amends
a test procedure, all representations of
energy efficiency and energy use,
including those made on marketing
materials and product labels, must be
made in accordance with that amended
test procedure, beginning 180 days after
publication of such a test procedure
final rule in the Federal Register. (42
U.S.C. 6293(c)(2)) DOE proposes to add
an introductory note to Appendix I
specifying that prior to the date 180
days after publication of a final rule,
representations with respect to the
energy use or efficiency of a microwave
oven, including compliance
certifications, must be based on testing
conducted in accordance with either the
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test procedure as amended by the final
rule, or Appendix I as it appeared as of
January 1, 2021. Beginning on the date
180 days after publication of a final rule,
representations with respect to energy
use or efficiency of a microwave oven,
including compliance certifications,
would be required to be based on testing
conducted in accordance with the test
procedure as amended by the final rule.
If DOE were to publish an amended
test procedure, EPCA provides an
allowance for individual manufacturers
to petition DOE for an extension of the
180-day period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. Id.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(‘‘OMB’’) has determined that this
proposed test procedure rulemaking
does not constitute a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order (‘‘E.O.’’) 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 OMB.
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B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (‘‘IRFA’’) 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 website: https://energy.gov/
gc/office-general-counsel.
DOE reviewed this proposal to amend
the test procedures for microwave ovens
under the provisions of the Regulatory
Flexibility Act and the procedures and
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policies published on February 19,
2003. DOE certifies that this proposed
rule does not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this certification is set forth in
the following paragraphs.
DOE uses the Small Business
Administration’s (‘‘SBA’’) small
business size standards to determine
whether manufacturers qualify as small
businesses, which are listed by the
North American Industry Classification
System (‘‘NAICS’’) and are available at
www.sba.gov/document/support-tablesize-standards. The SBA considers a
business entity to be a small business,
if, together with its affiliates, it employs
less than a threshold number of workers
specified in 13 CFR part 121. The
NAICS code for microwave ovens is
335220, major household appliance
manufacturing. The threshold number
for NAICS code 335220 is 1,500
employees. This employee threshold
includes all employees in a business’s
parent company and any other
subsidiaries.
Most of the manufacturers supplying
microwave ovens are either large
multinational corporations or overseas
microwave oven original equipment
manufacturers (‘‘OEMs’’) that
manufacture microwave ovens sold
under another company’s brand. DOE
conducted a focused inquiry into small
business manufacturers of products
covered by this rulemaking. DOE
primarily used DOE’s Compliance
Certification Database for microwave
ovens to create a list of companies that
sell microwave ovens covered by this
rulemaking in the United States. DOE
also used the California Energy
Commission’s database, Modernized
Appliance Efficiency Database System,
to correlate brands with OEMs. DOE
identified a total of 48 distinct
companies that manufacture or import
microwave ovens in the United States.
DOE then reviewed these companies
to determine whether the entities met
the SBA’s definition of ‘‘small business’’
and screened out any companies that do
not manufacture products covered by
this rulemaking, do not meet the
definition of a ‘‘small business,’’ or are
foreign-owned and operated. Based on
this review, DOE identified one
potential small business that
manufactures microwave ovens in the
United States.
The amendments proposed in this
SNOPR would provide more explicit
direction for the testing of microwave
ovens with a connected function. The
test procedure amendments proposed in
this SNOPR are consistent with the
current test procedure in Appendix I
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and do not affect the small business
manufacturer because it does not make
microwave ovens with network
functions.
Therefore, DOE initially concludes
that the impacts of the proposed test
procedure amendments proposed in this
SNOPR would not have a ‘‘significant
economic impact on a substantial
number of small entities,’’ and that the
preparation of an IRFA is not warranted.
DOE will transmit the certification and
supporting statement of factual basis to
the Chief Counsel for Advocacy of the
Small Business Administration for
review under 5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of microwave ovens
must certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including microwave ovens. (See
generally 10 CFR part 429.) 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 35 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.
The proposal in this SNOPR would
not amend the existing reporting
requirements or establish new reporting
requirements for manufacturers of
microwave ovens.
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
DOE is analyzing this proposed
regulation in accordance with the
National Environmental Policy Act of
1969 (‘‘NEPA’’) and DOE’s NEPA
implementing regulations (10 CFR part
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1021). DOE’s regulations include a
categorical exclusion for rulemakings
interpreting or amending an existing
rule or regulation that does not change
the environmental effect of the rule or
regulation being amended. 10 CFR part
1021, subpart D, Appendix A5. DOE
anticipates that this rulemaking
qualifies for categorical exclusion A5
because it is an interpretive rulemaking
that does not change the environmental
effect of the rule and otherwise meets
the requirements for application of a
categorical exclusion. See 10 CFR
1021.410. DOE will complete its NEPA
review before issuing the final rule.
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E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 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 this
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
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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. Public Law 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
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
www.energy.gov/gc/office-general-
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counsel. DOE examined this 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
proposed 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 proposed
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). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final
%20Updated%20IQA%20Guidelines
%20Dec%202019.pdf. DOE has
reviewed this 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
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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.
The proposed regulatory action to
amend the test procedure for measuring
the energy efficiency of microwave
ovens 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.
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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.
DOE is not proposing any new
incorporations by reference of
commercial standards in this SNOPR.
The proposed modifications to the test
procedure for microwave ovens in this
SNOPR do not incorporate any new
commercial standard.
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M. Description of Materials
Incorporated by Reference
The proposal in this SNOPR would
maintain the previously approved
incorporation by reference of IEC
Standard 62301, ‘‘Household electrical
appliances—Measurement of standby
power,’’ Edition 2.0, 2011–01 (IEC
Standard 62301 (Second Edition)). The
incorporation by reference of IEC 62301
(Second Edition) in appendix I to
subpart B of 10 CFR part 430 has
already been approved by the Director
of the Federal Register and there are no
proposed changes to the incorporation
by reference in this SNOPR.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule 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
document.
Submitting comments via
www.regulations.gov. The
www.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 www.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
www.regulations.gov cannot be claimed
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as CBI. Comments received through the
website 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 www.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 www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.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. No 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 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.
Pursuant 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 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. DOE
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will make its own determination about
the confidential status of the
information and treat it according to its
determination.
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).
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this supplemental notice
of proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of
Energy was signed on July 22, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 23,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
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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
1. The authority citation for part 430
continues to read as follows:
■
2. Appendix I to subpart B of part 430
is amended by:
■ a. Adding an introductory note; and
■ b. Revising section 2.1.1;
The addition and revision read as
follows:
■
Appendix I to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Cooking
Products
Note: Prior to [Date 180 days after
publication of a final rule], representations
with respect to the energy use or efficiency
of a microwave oven, including compliance
certifications, must be based on testing
conducted in accordance with either this
appendix as it now appears or appendix I as
it appeared at 10 CFR part 430, subpart B
revised as of January 1, 2021. Beginning on
[Date 180 days after publication of a final
rule] representations with respect to energy
use or efficiency of a microwave oven,
including compliance certifications, must be
based on testing conducted in accordance
with this appendix.
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12 CFR Part 330
RIN 3064–AF27
Simplification of Deposit Insurance
Rules
Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
AGENCY:
[FR Doc. 2021–16023 Filed 8–2–21; 8:45 am]
The Federal Deposit
Insurance Corporation is seeking
comment on proposed amendments to
its regulations governing deposit
insurance coverage. The proposed rule
would simplify the deposit insurance
regulations by establishing a ‘‘trust
accounts’’ category that would provide
for coverage of deposits of both
revocable trusts and irrevocable trusts,
and provide consistent deposit
insurance treatment for all mortgage
servicing account balances held to
satisfy principal and interest obligations
to a lender.
DATES: Comments will be accepted until
October 4, 2021.
ADDRESSES: You may submit comments
on the notice of proposed rulemaking
using any of the following methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/. Follow
the instructions for submitting
comments on the agency website.
• Email: comments@fdic.gov. Include
RIN 3064–AF27 on the subject line of
the message.
• Mail: James P. Sheesley, Assistant
Executive Secretary, Attention:
Comments-RIN 3064–AF27, Federal
Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
• Hand Delivery: Comments may be
hand delivered to the guard station at
the rear of the 550 17th Street NW
building (located on F Street) on
business days between 7 a.m. and 5 p.m.
• Public Inspection: All comments
received, including any personal
information provided, will be posted
generally without change to https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
FOR FURTHER INFORMATION CONTACT:
James Watts, Counsel, Legal Division,
(202) 898–6678, jwatts@fdic.gov;
Kathryn Marks, Counsel, Legal Division,
(202) 898–3896, kmarks@fdic.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6450–01–P
Table of Contents
*
*
*
*
*
2.1.1 Microwave ovens, excluding any
microwave oven component of a combined
cooking product. Install the microwave oven
in accordance with the manufacturer’s
instructions and connect to an electrical
supply circuit with voltage as specified in
section 2.2.1 of this appendix. Install the
microwave oven in accordance with section
5, paragraph 5.2 of IEC 62301 (Second
Edition) (incorporated by reference; see
§ 430.3), disregarding the provisions
regarding batteries and the determination,
classification, and testing of relevant modes.
If the microwave oven can communicate
through a network (e.g., Bluetooth® or
internet connection), disable the network
function, by means provided in the
manufacturer’s user manual, for the duration
of testing. If the manufacturer’s user manual
does not provide a means for disabling the
network function, test the microwave oven
with the network function in the factory
default setting or in the as-shipped condition
as instructed in Section 5, Paragraph 5.2 of
IEC 62301 (Second Edition). The clock
display must be on, regardless of
manufacturer’s instructions or default setting
or supplied setting. The clock display must
remain on during testing, unless the clock
display powers down automatically with no
option for the consumer to override this
function. Install a watt meter in the circuit
that meets the requirements of section 2.6.1.1
of this appendix.
*
*
*
*
*
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SUMMARY:
I. Simplification of Deposit Insurance Trust
Rules
A. Policy Objectives
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
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CORPORATION
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]]>Agencies
[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41759-41766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16023]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 /
Proposed Rules
[[Page 41759]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0024]
RIN 1904-AE01
Energy Conservation Program: Test Procedure for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking and request for
comment.
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SUMMARY: On November 14, 2019, the U.S. Department of Energy (``DOE'')
published a notice of proposed rulemaking (``NOPR'') for the test
procedure for microwave ovens. Following receipt of comments, DOE is
publishing this supplemental notice of proposed rulemaking (``SNOPR'')
for the limited purpose of clarifying the current procedure for testing
a microwave oven that has a connected (i.e., network) function, which
is generally to disable the connected function when measuring standby
mode power consumption. Further, DOE proposes to explicitly specify in
its test procedure that standby power be measured with the connected
function enabled if the means for disabling the network function are
not provided in the manufacturer's user manual. DOE is seeking comment
from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than September 2, 2021. See section V, ``Public
Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2017-BT-TP-0024,
by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to [email protected]. Include docket number EERE-
2017-BT-TP-0024 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of
public comments via postal mail and hand delivery/courier. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/
docket?D=EERE[dash]2017[dash]BT[dash]TP[dash]0024. The docket web page
contains instructions on how to access all documents, including public
comments, in the docket. See section V for information on how to submit
comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email [email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-1445. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Connected Functions
B. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Submission of Comments
VI. Approval of the Office of the Secretary
I. Authority and Background
``Kitchen ranges and ovens,'' which include microwave ovens, are
included in the list of ``covered products'' for which DOE is
authorized to establish and amend energy conservation standards and
test procedures. (42 U.S.C. 6292(a)(10)) DOE's energy conservation
standard for microwave ovens is currently prescribed at title 10 of the
Code of Federal Regulations (``CFR'') part 430 section 430.32(j).
Currently, the energy conservation
[[Page 41760]]
standard for microwave ovens addresses standby mode and off mode power
use only. DOE's test procedures for microwave ovens are prescribed at
10 CFR 430.23(i) and appendix I to subpart B of 10 CFR part 430
(``Appendix I''). The following sections discuss DOE's authority to
establish test procedures for microwave ovens and relevant background
information regarding DOE's consideration of test procedures for this
product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include microwave ovens, the subject of this document. (42
U.S.C. 6292(a)(10))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
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 requires that any test procedures prescribed or
amended under this section 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 not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby mode and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
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EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including microwave
ovens, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days.\5\ In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. DOE is publishing this
SNOPR in accordance with the 7-year review requirement specified in
EPCA. (42 U.S.C. 6293(b)(1)(A))
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\5\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. In the present case, DOE
initially provided 60 days for comment on the proposed rulemaking.
84 FR 61835 (Nov. 11, 2019). DOE is providing an additional 30-day
comment period for the supplemental proposal presented in this
document.
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B. Background
On November 14, 2019, DOE published a NOPR (``November 2019 NOPR'')
that, in part, proposed to amend the standby mode test procedure of
microwave ovens to explicitly provide that microwave ovens with
connected functions (e.g., microwave ovens that use Bluetooth[supreg]
technology, Wi-Fi, or internet connections) are to be tested with
network functions disabled. 84 FR 61836, 61843. DOE further proposed
that if the connected function cannot be disabled per manufacturer's
instructions in the owner's manual (e.g., by pressing a button on the
microwave oven's control panel), the energy use of such connected
function need not be
[[Page 41761]]
reported to DOE nor used in determining compliance with the applicable
energy conservation standard. Id. Aside from an alternative approach of
generally subtracting the energy use of the network functions from the
standby mode energy measurement, DOE did not propose a specific test
method or calculation for disaggregating energy use from a connected
function from standby energy use in those instances in which the
connected function cannot be disabled per manufacturer's instructions.
DOE held a public meeting via a webinar to present the proposed
amendments and provide stakeholders an opportunity to comment.\6\
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\6\ The transcript of the public meeting is available at
www.regulations.gov/document?D=EERE-2017-BT-TP-0024-0011.
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DOE received comments in response to the November 2019 NOPR from
the interested parties listed in Table I.1.
Table I.1--Written Comments Received in Response to November 2019 NOPR
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Organization(s) Reference in this SNOPR Organization type
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Association of Home Appliance AHAM.................... Trade Association.
Manufacturers.
California Investor Owned Utilities CA IOUs................. Utility Association.
(Pacific Gas and Electric Company, San
Diego Gas and Electric, and Southern
California Edison).
Natural Resources Defense Council, Joint Commenters........ Efficiency Organizations.
Appliance Standards Awareness Project,
American Council for an Energy-
Efficient Economy, National Consumer
Law Center, Consumer Federation of
America, Northwest Energy Efficiency
Alliance.
Whirlpool Corporation.................. Whirlpool............... Manufacturer.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
This SNOPR addresses only those comments relevant to the proposals laid
out in this document; all other relevant comments will be addressed in
a future test procedure final rule for microwave ovens.
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\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking for the test
procedure for microwave ovens. (Docket No. EERE-2017-BT-TP-0024,
which is maintained at www.regulations.gov). The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
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II. Synopsis of the Notice of Proposed Rulemaking
In this SNOPR, DOE revises its November 2019 NOPR proposal for
testing microwave ovens with a connected function and specifies
explicitly that if the manufacturer's user manual does not provide a
means for disabling the network function, the microwave oven is tested
with the network function in the factory default setting or in the as-
shipped condition.
DOE has tentatively determined that this approach to testing
microwave ovens with a connected function would not impact the measured
standby energy use of a microwave oven nor impact the cost of testing.
Discussion of DOE's proposed actions are addressed in detail in section
III of this SNOPR.
III. Discussion
A. Connected Functions
As stated, the energy conservation standard for microwave ovens at
10 CFR 430.23(i) and the test procedure at Appendix I address standby
mode and off mode energy use only. In establishing the standby energy
test procedures for dishwashers, dehumidifiers, and conventional
cooking products, DOE explicitly stated that it was not including the
energy use associated with a connected function based on the lack of
data on their functionality, but that DOE may consider addressing such
energy use as data becomes available. 77 FR 65942, 65954 (Oct. 31,
2012). DOE's most recent test procedure for microwave ovens did not
address network functionality. 81 FR 91418 (Dec. 16, 2016).
Section 2.1.3 of Appendix I generally specifies that a microwave
oven must be installed in accordance with paragraph 5.2 of IEC Standard
62301, ``Household electrical appliances--Measurement of standby
power,'' Edition 2.0, 2011-01 (IEC Standard 62301 (Second Edition)),
which states that the product must be prepared and setup in accordance
with manufacturer's instructions, and if no instructions for use are
available, then factory or default settings must be used, or if such
settings are not indicated, the product must be tested as supplied. DOE
recognizes that there may be some confusion as to how the direction in
section 2.1.3 applies to connected functions. In order to minimize
potential confusion, DOE proposed to include explicit instruction in
Appendix I to disable a connected function, if present. 84 FR 61836,
61843.
AHAM and Whirlpool expressed support for disabling connected
features during testing. (AHAM, No. 15 at p. 4; Whirlpool, No. 16 at p.
1) AHAM stated that connected functionalities, consumers' usage, and
understanding of such features are still developing, and that
regulating such features could stifle innovation, increase regulatory
burden, and prevent manufacturers from including them. (AHAM, No. 15 at
p. 4) AHAM further commented that connected features can add energy
saving benefits to consumers, increase energy efficiency of the grid,
help utilities increase demand response, and facilitate renewable
energy sources; however, because connected products are still in early
stages of development with limited market penetration, no meaningful
data on consumer use is available yet. (AHAM, No. 15 at p. 4)
CA IOUs disagreed with excluding the energy use from connected
functions, stating that connected functions could qualify under EPCA's
definition of standby mode by remotely facilitating the activation or
deactivation of functions, including active mode. (CA IOUs, No. 14 at
p. 1) CA IOUs further suggested that DOE consider California Energy
Commission's (``CEC's'') low power mode data collection requirements,
as well as low power requirements by the European Union (``EU'') and
other jurisdictions, when investigating how to regulate connected
functions' power consumption. (CA IOUs, No. 14 at p. 2)
The Joint Commenters opposed excluding the energy use from
connected functions, stating that this approach would deny consumers
accurate information about microwave ovens' energy usage. (Joint
Commenters, No. 13 at p. 3) The Joint Commenters stated that a growing
number of connected features are being added to products, and that
their energy consumption can vary widely. The Joint Commenters cited
Natural Resources Defense Council research data showing a wide
variation in the standby mode energy consumption of connected functions
on televisions, ranging from 1 watt (``W'') on some models to 20 W on
others. (Joint Commenters, No. 13 at pp.
[[Page 41762]]
3-4) The Joint Commenters further asserted that DOE's exclusion of
energy use from connected features in the test procedure harms
consumers and manufacturers that implemented these features
efficiently. (Joint Commenters, No. 13 at p. 4) The Joint Commenters
urged DOE to undertake its own investigation of the energy use of
connected features. (Joint Commenters, No. 13 at p. 4)
DOE is aware of microwave ovens on the market with connected
functionality to communicate with other cooking products, such as a
range, or with a consumer, either via voice commands or a smartphone or
other device. Such a feature could consume additional energy use,
depending on how it is implemented in the product's controls. However,
DOE lacks sufficient data to design a test procedure that measures the
energy use associated with a connected function that is representative
of average use, as required by EPCA. (See 42 US.C. 6293(b)(3)) As
stated in the November 2019 NOPR, for a unit that is connected to the
internet, the speed and configuration of an internet connection could
also impact the energy consumed by the device. 84 FR 61836, 61843.
Based on a review of manufacturer websites and user manuals of various
appliances, as well as testing conducted in-house and at third-party
laboratories, connected features in microwave ovens are also
implemented in a variety of ways across different brands similar to the
Joint Commentators findings with regards to the implementation of
standby mode in televisions. Id. Further, the design and operation of
these features is continuously evolving as the nascent market begins to
grow for these products. Id.
In addition, DOE notes that the CEC's low power mode open
rulemaking \8\ is still in an early development stage, during which CEC
is actively seeking stakeholder feedback. CEC's stated goal for the low
power mode open rulemaking is to develop a test procedure for low power
mode energy consumption across a wide variety of products.
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\8\ Available at https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=17-AAER-12.
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DOE notes that CEC's draft test procedure does not measure the
energy consumption of the individual network components of connected
devices. Similarly, the EU's regulation on low power modes \9\ also
does not address how to individually measure the energy consumption of
the network components of connected devices; rather, it requires
measuring the device energy consumption as a whole and provides a 0.5 W
maximum power allowance for standby mode and off mode, or 1.0 W maximum
standby power for units with a display. The EU's regulation also
provides design requirements for networked standby mode, requiring
connected devices to automatically switch to a networked standby mode
when not in use.
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\9\ Available at https://ec.europa.eu/info/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/energy-label-and-ecodesign/energy-efficient-products/mode-standby-and-networked-standby_en.
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DOE is not aware of any data available, nor did interested parties
provide any such data, regarding the consumer use of connected
features. Absent such data, DOE is unable to establish a representative
test configuration for assessing the energy consumption of connected
functionality for microwave ovens. Therefore, DOE is proposing explicit
language to require a connected function be disabled, where possible.
DOE requests information and data on the consumer use of connected
functions.
In the November 2019 NOPR, DOE proposed a test procedure provision
to address instances in which a user manual does not provide for
disabling a connected function. 84 FR 61836, 61843. DOE proposed that
in such an instance, the energy use associated with a connection
function need not be reported to DOE nor used in determining compliance
with the applicable energy conservation standard. Id. DOE recognized
that alternative approaches could be considered to address the issue of
microwave ovens that do not provide a means for disabling connected
functionality and suggested that one such approach could be to require
the energy use of the network function to be measured and subtracted
from the standby mode energy measurement. Id. However, DOE did not
propose a specific method for determining the energy associated with a
connected function so that it could be disaggregated from the measured
standby energy use.
In certain microwave oven models, the circuitry that enables
connected functions can be tightly integrated into the circuitry that
provides core functionality. In these conditions, disabling connected
functions would require extensive reconfiguration of a microwave oven's
circuitry. For such a model, with no means for the consumer to disable
the connected functions, a test procedure that is ``reasonably designed
to produce test results which measure [the] energy use'' of that model
``during a representative average use cycle or period of use'' would
include the energy used by the connected functions. The same would be
true of any energy-consuming function that a manufacturer might add to
a model without allowing it to be disabled.
Therefore, DOE is proposing to explicitly state in Appendix I that
if manufacturer instructions provided in a microwave oven's user manual
do not provide for disabling a connected function, the standby power
test procedure is conducted with the connected function in the ``as-
shipped'' condition.
To the extent that manufacturer instructions do not provide for
disabling a connected function, this proposal is consistent with the
current test procedure in Appendix I. Section 2.1.1 of Appendix I
specifies that a microwave oven must be installed in accordance with
paragraph 5.2 of IEC 62301 (Second Edition), which states that the
product must be prepared and setup in accordance with manufacturer's
instructions; and if no instructions are available, then the unit must
be tested using factory or default settings, or, in case such settings
are not indicated, the product must be tested as supplied.
DOE requests comment on the proposed requirements for testing
microwave ovens with network function in the ``as-shipped'' condition
if the manufacturer instructions do not provide for disabling such
function.
DOE is maintaining its proposal from the November 2019 NOPR
regarding the standby power provisions related to microwave oven clock
display and will address this proposal in a future test procedure final
rule. 84 FR 61836, 61841-61842.
B. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) DOE proposes to add an introductory
note to Appendix I specifying that prior to the date 180 days after
publication of a final rule, representations with respect to the energy
use or efficiency of a microwave oven, including compliance
certifications, must be based on testing conducted in accordance with
either the
[[Page 41763]]
test procedure as amended by the final rule, or Appendix I as it
appeared as of January 1, 2021. Beginning on the date 180 days after
publication of a final rule, representations with respect to energy use
or efficiency of a microwave oven, including compliance certifications,
would be required to be based on testing conducted in accordance with
the test procedure as amended by the final rule.
If DOE were to publish an amended test procedure, EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this proposed test procedure rulemaking does not constitute a
``significant regulatory action'' under section 3(f) of Executive Order
(``E.O.'') 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 OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
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 website: https://energy.gov/gc/office-general-counsel.
DOE reviewed this proposal to amend the test procedures for
microwave ovens under the provisions of the Regulatory Flexibility Act
and the procedures and policies published on February 19, 2003. DOE
certifies that this proposed rule does not have a significant economic
impact on a substantial number of small entities. The factual basis for
this certification is set forth in the following paragraphs.
DOE uses the Small Business Administration's (``SBA'') small
business size standards to determine whether manufacturers qualify as
small businesses, which are listed by the North American Industry
Classification System (``NAICS'') and are available at www.sba.gov/document/support-table-size-standards. The SBA considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers specified in 13 CFR
part 121. The NAICS code for microwave ovens is 335220, major household
appliance manufacturing. The threshold number for NAICS code 335220 is
1,500 employees. This employee threshold includes all employees in a
business's parent company and any other subsidiaries.
Most of the manufacturers supplying microwave ovens are either
large multinational corporations or overseas microwave oven original
equipment manufacturers (``OEMs'') that manufacture microwave ovens
sold under another company's brand. DOE conducted a focused inquiry
into small business manufacturers of products covered by this
rulemaking. DOE primarily used DOE's Compliance Certification Database
for microwave ovens to create a list of companies that sell microwave
ovens covered by this rulemaking in the United States. DOE also used
the California Energy Commission's database, Modernized Appliance
Efficiency Database System, to correlate brands with OEMs. DOE
identified a total of 48 distinct companies that manufacture or import
microwave ovens in the United States.
DOE then reviewed these companies to determine whether the entities
met the SBA's definition of ``small business'' and screened out any
companies that do not manufacture products covered by this rulemaking,
do not meet the definition of a ``small business,'' or are foreign-
owned and operated. Based on this review, DOE identified one potential
small business that manufactures microwave ovens in the United States.
The amendments proposed in this SNOPR would provide more explicit
direction for the testing of microwave ovens with a connected function.
The test procedure amendments proposed in this SNOPR are consistent
with the current test procedure in Appendix I and do not affect the
small business manufacturer because it does not make microwave ovens
with network functions.
Therefore, DOE initially concludes that the impacts of the proposed
test procedure amendments proposed in this SNOPR would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit the certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of microwave ovens must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including microwave ovens.
(See generally 10 CFR part 429.) 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 35 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.
The proposal in this SNOPR would not amend the existing reporting
requirements or establish new reporting requirements for manufacturers
of microwave ovens.
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
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act of 1969 (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part
[[Page 41764]]
1021). DOE's regulations include a categorical exclusion for
rulemakings interpreting or amending an existing rule or regulation
that does not change the environmental effect of the rule or regulation
being amended. 10 CFR part 1021, subpart D, Appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it is an interpretive rulemaking that does not change the
environmental effect of the rule and otherwise meets the requirements
for application of a categorical exclusion. See 10 CFR 1021.410. DOE
will complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 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 this 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. Public Law 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 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 www.energy.gov/gc/office-general-counsel. DOE examined this 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 proposed 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 proposed 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). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this 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
[[Page 41765]]
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.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of microwave ovens 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.
DOE is not proposing any new incorporations by reference of
commercial standards in this SNOPR. The proposed modifications to the
test procedure for microwave ovens in this SNOPR do not incorporate any
new commercial standard.
M. Description of Materials Incorporated by Reference
The proposal in this SNOPR would maintain the previously approved
incorporation by reference of IEC Standard 62301, ``Household
electrical appliances--Measurement of standby power,'' Edition 2.0,
2011-01 (IEC Standard 62301 (Second Edition)). The incorporation by
reference of IEC 62301 (Second Edition) in appendix I to subpart B of
10 CFR part 430 has already been approved by the Director of the
Federal Register and there are no proposed changes to the incorporation
by reference in this SNOPR.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule 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 document.
Submitting comments via www.regulations.gov. The
www.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 www.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 www.regulations.gov cannot be claimed as CBI. Comments received
through the website 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 www.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 www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.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. No 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 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. Pursuant 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 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. DOE
[[Page 41766]]
will make its own determination about the confidential status of the
information and treat it according to its determination.
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).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
supplemental notice of proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on July 22,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of 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. Appendix I to subpart B of part 430 is amended by:
0
a. Adding an introductory note; and
0
b. Revising section 2.1.1;
The addition and revision read as follows:
Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Cooking Products
Note: Prior to [Date 180 days after publication of a final
rule], representations with respect to the energy use or efficiency
of a microwave oven, including compliance certifications, must be
based on testing conducted in accordance with either this appendix
as it now appears or appendix I as it appeared at 10 CFR part 430,
subpart B revised as of January 1, 2021. Beginning on [Date 180 days
after publication of a final rule] representations with respect to
energy use or efficiency of a microwave oven, including compliance
certifications, must be based on testing conducted in accordance
with this appendix.
* * * * *
2.1.1 Microwave ovens, excluding any microwave oven component of
a combined cooking product. Install the microwave oven in accordance
with the manufacturer's instructions and connect to an electrical
supply circuit with voltage as specified in section 2.2.1 of this
appendix. Install the microwave oven in accordance with section 5,
paragraph 5.2 of IEC 62301 (Second Edition) (incorporated by
reference; see Sec. 430.3), disregarding the provisions regarding
batteries and the determination, classification, and testing of
relevant modes. If the microwave oven can communicate through a
network (e.g., Bluetooth[supreg] or internet connection), disable
the network function, by means provided in the manufacturer's user
manual, for the duration of testing. If the manufacturer's user
manual does not provide a means for disabling the network function,
test the microwave oven with the network function in the factory
default setting or in the as-shipped condition as instructed in
Section 5, Paragraph 5.2 of IEC 62301 (Second Edition). The clock
display must be on, regardless of manufacturer's instructions or
default setting or supplied setting. The clock display must remain
on during testing, unless the clock display powers down
automatically with no option for the consumer to override this
function. Install a watt meter in the circuit that meets the
requirements of section 2.6.1.1 of this appendix.
* * * * *
[FR Doc. 2021-16023 Filed 8-2-21; 8:45 am]
BILLING CODE 6450-01-P
