Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 12603-12606 [2023-03864]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Proposed Rules]
[Pages 12603-12606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03864]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2014-BT-STD-0005]
RIN 1904-AD15


Energy Conservation Program: Energy Conservation Standards for 
Consumer Conventional Cooking Products

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

ACTION: Notification of data availability (NODA).

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SUMMARY: On February 1, 2023, the U.S. Department of Energy (DOE) 
published a supplemental notice of proposed rulemaking (SNOPR), in 
which DOE proposed new and amended energy conservation standards for 
consumer conventional cooking products. In this NODA, DOE is publishing 
additional data and information to clarify the analysis for 
conventional cooking tops. DOE requests comments, data, and information 
regarding the data.

DATES: The comment period for the SNOPR that published on February 1, 
2023 (88 FR 6818), is still in effect. DOE will accept comments, data, 
and information regarding the SNOPR and this NODA on or before April 3, 
2023.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2014-BT-STD-0005. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2014-BT-STD-0005, by any of the 
following methods:
    Email: [email protected]. Include 
the docket number EERE-2014-BT-STD-0005 in the subject line of the 
message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza, SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, 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, not all 
documents listed in the index may be publicly available, such as 
information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2014-BT-STD-0005. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III of this document for information on how to submit comments 
through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-5649. 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) 287-6122. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Discussion
III. Public Participation

I. Background

    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

[[Page 12604]]

established the Energy Conservation Program for Consumer Products Other 
Than Automobiles. These products include consumer conventional cooking 
products, the subject of this NODA. (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), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The currently applicable energy conservation standards for consumer 
conventional cooking products consist of a prescriptive prohibition on 
constant burning pilots for all gas cooking products (i.e., gas cooking 
products both with or without an electrical supply cord) manufactured 
on and after April 9, 2012. These standards are set forth in DOE's 
regulations at title 10 of the Code of Federal Regulations (CFR) Sec.  
430.32(j)(1) and (2).
    Consumer conventional cooking products comprise conventional 
cooking tops and conventional ovens, as defined in 10 CFR 430.2. 
Representations of energy use or energy efficiency of conventional 
cooking tops made on or after February 20, 2023, must be based on 
results generated using the test procedure for conventional cooking 
products at 10 CFR part 430, subpart B, appendix I1 (appendix I1). 
There are currently no DOE test procedures for conventional ovens.
    On February 1, 2023, DOE published a supplemental notice of 
proposed rulemaking (February 2023 SNOPR) proposing to establish new 
and amended standards for consumer conventional cooking products, 
consisting of maximum integrated annual energy consumption (IAEC) 
levels, in kilowatt-hours per year (kWh/year) for electric cooking tops 
and thousand British thermal units per year (kBtu/year) for gas cooking 
tops. 88 FR 6818 through 6820. Compliance with the new and amended 
standards would be required 3 years after the publication date of final 
rule, should DOE finalize the proposed standards. Id. The technical 
support document (TSD) that presented the methodology and results of 
the SNOPR analysis is available at: www.regulations.gov/document/EERE-2014-BT-STD-0005-0090.
    DOE held a public meeting on January 31, 2023, to discuss and 
receive comments on the February 2023 SNOPR (January 2023 public 
meeting). During the January 2023 public meeting, interested parties 
raised questions regarding the timing of DOE's cooking top testing, the 
current market availability of tested models, the existence of 
temperature-limiting controls on the tested electric open (coil) 
cooking tops, and the percentage of gas cooking tops currently 
available on the market that would meet the proposed standards as 
presented in DOE's analysis, among other questions. Although DOE 
provided verbal responses to these questions during the public meeting, 
upon further consideration, DOE believes that additional explanation 
regarding these topics would better assist interested parties in 
reviewing the analysis presented in the February 2023 SNOPR. In 
addition, following the January 2023 public meeting, the Association of 
Home Appliance Manufacturers (AHAM) submitted a comment \3\ requesting 
that DOE share more complete data regarding the gas and electric 
cooking top test sample presented in the February 2023 SNOPR.
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    \3\ Available at www.regulations.gov/comment/EERE-2014-BT-STD-0005-0127.
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    This NODA provides additional information to clarify the analysis 
for gas cooking tops. In response to other questions raised during the 
January 2023 public meeting and in AHAM's request, DOE is also 
providing further data on the gas and electric cooking top test sample 
used for the February 2023 SNOPR analysis in an attachment to this 
NODA, available in the docket for this rulemaking.\4\
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    \4\ Available at www.regulations.gov/docket/EERE-2014-BT-STD-0005/document.
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    In accordance with EPCA, when establishing standards, DOE may not 
prescribe an amended or new standard if DOE finds (and publishes such 
finding) that interested persons have established by a preponderance of 
the evidence that the standard is likely to result in the 
unavailability in the United States in any covered product type (or 
class) of performance characteristics (including reliability), 
features, sizes, capacities, and volumes that are substantially the 
same as those generally available in the United States at the time of 
such finding. (42 U.S.C. 6295(o)(4)) To satisfy this requirement, DOE 
conducts a ``screening analysis'' as part of its rulemaking process, as 
set forth in DOE's regulations at sections 6(b)(2) through (3) and 7(b) 
of 10 CFR part 430, subpart C, appendix A (appendix A).\5\ One of the 
criteria of the screening analysis is to eliminate from consideration 
any design options that would adversely impact product utility or 
product availability.\6\ Therefore, when DOE identifies potential 
efficiency levels for products (i.e., efficiency levels which DOE may 
consider as the basis for a new or amended standard), DOE may not 
consider as design options certain features that may save energy but 
that might also adversely impact consumer utility.
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    \5\ Section 6(b)(2) specifies that during the pre-NOPR phase of 
the rulemaking process, DOE will typically develop a list of design 
options for consideration. Initially, the candidate design options 
will encompass all those technologies considered to be 
technologically feasible. Following the development of this initial 
list of design options, DOE will review each design option based on 
the factors described in paragraph (6)(b)(3) of appendix A and the 
policies stated in section 7 of appendix A. The reasons for 
eliminating or retaining any design option at this stage of the 
process will be fully documented and published as part of the NOPR 
and as appropriate for a given rule, in the pre-NOPR documents. The 
technologically feasible design options that are not eliminated in 
this screening will be considered further in the engineering 
analysis described in paragraph (6)(c) of appendix A.
    \6\ Section 7(b)(3) of appendix A states that if a technology is 
determined to have significant adverse impact on the utility of the 
product/equipment to subgroups of consumers, or result in the 
unavailability of any covered product type with performance 
characteristics (including reliability), features, sizes, 
capacities, and volumes that are substantially the same as products 
generally available in the U.S. at the time, it will not be 
considered further.
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    As with most consumer products, gas cooking tops comprise a wide 
range of models with varying features and characteristics (e.g., 
various burner input ratings, sealed versus open burner types, cast 
iron versus steel grate materials, continuous versus non-continuous 
grate configurations, etc.) Of particular relevance to this NODA, are 
gas cooking tops with high input rate (HIR) burners (which DOE defined 
in the February 2023 SNOPR as burners with input rates greater than or 
equal to 14,000 British thermal units per hour (Btu/h) and continuous 
cast-iron grates. In the February 2023 SNOPR, DOE did not consider any 
efficiency levels that could not be achieved by gas cooking tops with 
HIR burners and continuous cast-iron grates because DOE is aware that 
some consumers derive utility from these features. 88 FR 6818, 6845. 
(See section II of this document for additional discussion of the 
consumer utility of these features.) In this NODA, DOE is addressing 
the questions raised by commenters regarding the percentage of all gas 
cooking tops currently available on the market that would meet the 
proposed standards--because this market share was not explicitly stated 
in the February 2023 SNOPR--by clarifying that DOE has tentatively 
determined that gas cooking tops without these features, such as gas 
cooking tops with steel grates, non-continuous grates, and/or burners 
with input rates less than 14,000 Btu/h--many of which are entry-level 
models--would also be able to meet the efficiency levels described in 
the February 2023 SNOPR and therefore would not be impacted by the 
proposed standard, if finalized. The following

[[Page 12605]]

paragraphs describe these clarifications in more detail.

II. Discussion

    In determining the maximum technologically feasible efficiency 
level for gas cooking tops in the February 2023 SNOPR, DOE evaluated 
the technology options used in gas cooking tops to achieve higher 
efficiencies to ascertain whether they meet the criteria for 
consideration as design options for achieving potential standard levels 
(i.e., ``screening criteria''), as set forth in sections 6(b)(3) and 
7(b) of appendix A.\7\
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    \7\ The screening criteria include the following: (1) 
technological feasibility; (2) practicability to manufacturer, 
install, and service; (3) impacts on product utility or product 
availability; (4) adverse impacts on health or safety; and (5) 
unique-pathway proprietary technologies.
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    As discussed in section IV.C.1.a.i of the February 2023 SNOPR (88 
FR 6818, 6845) and chapter 5 of the SNOPR TSD, for the gas cooking tops 
product class, DOE recognizes that HIR burners provide unique consumer 
utility and allow consumers to perform high heat cooking activities, 
such as searing and stir-frying. DOE is also aware that some consumers 
derive utility from continuous cast-iron grates, such as the ability to 
use heavy pans, or to shift cookware between burners without needing to 
lift them. In the February 2023 SNOPR, DOE screened out any optimized 
burner and grate designs that could reduce consumer utility associated 
with these features by only including in its analysis gas cooking tops 
that include at least one HIR burner and continuous cast-iron grates. 
88 FR 6818, 6842. As a result, DOE did not consider any efficiency 
levels that are not already achieved by models on the current market 
with HIR burners and continuous cast-iron grates. Rather, DOE defined 
the efficiency levels for gas cooking tops such that all efficiency 
levels are achievable with continuous cast-iron grates and at least one 
HIR burner.
    For gas cooking tops, DOE defined three efficiency levels (ELs) in 
the February 2023 SNOPR as follows:

 Baseline: 1,775 kBtu/year
 EL 1: 1,440 kBtu/year
 EL 2: 1,204 kBtu/year

88 FR 6818, 6844 through 6846.

    In the February 2023 SNOPR, DOE tentatively determined all three of 
these efficiency levels to be achievable by gas cooking tops with 
continuous cast-iron grates and at least one HIR burner. Id. at 88 FR 
6845. DOE used this analytical approach to ensure that the utility 
provided by these features can be maintained for those consumers that 
value them at each of the considered efficiency levels.
    DOE is aware that gas cooking products exist on the market with 
efficiencies higher than the EL 2 level that DOE defined, but do not 
include HIR burners or continuous cast-iron grates. DOE's testing 
included three such gas cooking tops representing a range of 
manufacturers, brands, and burner/grate designs that do not include 
both HIR burners and continuous cast-iron grates. DOE believes that 
these three units are representative of the types of gas cooking tops 
excluded from the analysis. Table II.1 presents the characteristics of 
each of these units. Table II.2 presents the test results for each of 
these units, including the measured active mode annual energy 
consumption (AEC), annual combined low power mode energy consumption 
(ETLP), and IAEC. Since these products had been screened out 
from the analysis, DOE did not present these testing results in the 
February 2023 SNOPR or the SNOPR TSD, nor included them in the 
engineering analysis.

       Table II.1--Characteristics of Tested Gas Cooking Tops Excluded From the SNOPR Engineering Analysis
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                                                                                                  Does display
Test unit      Product        Burner input     Burner type     Grate material   Marketed style  include a clock?
            configuration   ratings (Btu/h)                                                           (y/n)
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A........  Standalone       4 x 9,000......  Open...........  Steel..........  Residential....  N.
            Cooking Top.
B........  Standalone       3,900; 2 x       Sealed.........  Cast iron......  Residential....  N.
            Cooking Top.     5,900; 9,800;
                             13,000.
C........  Standalone       5,000; 2 x       Sealed.........  Steel..........  Residential....  N.
            Cooking Top.     9,100; 10,500.
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  Table II.2--Measured Annual Energy Consumption of Tested Gas Cooking
            Tops Excluded From the SNOPR Engineering Analysis
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                                                AEC      ETLP      IAEC
                  Test unit                    (kBtu/    (kWh/    (kBtu/
                                               year)     year)    year)
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A...........................................      983         0      983
B...........................................      951         0      951
C...........................................     1041         0     1041
------------------------------------------------------------------------

    DOE observes that these gas cooking tops all achieved efficiencies 
significantly higher than (i.e., IAEC values lower than) EL 2, defined 
for gas cooking tops as 1,204 kBtu/year. From these testing results, 
DOE estimates that the portion of the market consisting of gas cooking 
tops without HIR burners and continuous cast-iron grates would all meet 
EL 2.
    DOE presented a table in the SNOPR TSD that included DOE's estimate 
of the current market share of gas cooking tops that meet each 
efficiency level under consideration, which reflected the exclusion of 
higher-efficiency products that DOE had screened out (i.e., excluded 
products that do not have at least one HIR burner and continuous cast-
iron grates). (See Table 8.2.43 in chapter 8 of the SNOPR TSD). This 
table indicates that, among the models not screened out of the 
analysis, 4 percent currently achieve EL 2. Based on its testing 
results and model counts of the burner/grate configurations of gas 
cooking top models currently available on the websites of major U.S. 
retailers, DOE estimates that the products that were screened out of 
the engineering analysis represent over 40 percent of the market. 
Together with the models included in the engineering analysis, DOE 
estimates that nearly half of the total gas cooking top market 
currently achieves EL 2 and therefore would not be impacted by the 
proposed standard, if finalized. The remaining portion of the total 
market is distributed equally between the baseline and EL 1, as 
indicated in Table 8.2.43 in chapter 8 of the SNOPR TSD.
    DOE requests comment on these estimates for the no-new-standards 
case efficiency distribution of gas cooking products. In particular, 
DOE requests comment on its estimate that currently available gas 
cooking tops representing nearly half of the market would already meet 
the standards at EL 2 that were

[[Page 12606]]

proposed in the February 2023 SNOPR, and therefore would not be 
impacted by the proposed standard, if finalized. DOE welcomes 
additional data and information regarding the efficiency of gas and 
electric cooking tops as measured by appendix I1, particularly gas 
cooking tops without HIR burners and/or continuous cast-iron grates. 
DOE additionally requests comment on the use of model-based market 
percentages to estimate conventional cooking product market share by 
efficiency level and invites stakeholders to provide shipments-based 
market share data.

III. Public Participation

    DOE will accept comments, data, and information regarding this 
document, but no later than the date provided in the DATES section at 
the beginning of this document. Interested parties may submit comments, 
data, and other information 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 itself 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, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail 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 in a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (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, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 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).

Signing Authority

    This document of the Department of Energy was signed on February 
16, 2023, by Dr. Geraldine Richmond, Under Secretary for Science and 
Innovation, 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 February 21, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-03864 Filed 2-27-23; 8:45 am]
BILLING CODE 6450-01-P