[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Proposed Rules]
[Pages 9975-9977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5084]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket Numbers EE-RM-93-201 and EE-RM-S-97-700]
RIN 1904-AA84


Energy Conservation Program for Consumer Products: Cooking 
Products (Kitchen Ranges and Ovens) Energy Conservation Standards

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

ACTION: Notice of limited reopening of the record and opportunity for 
public comment.

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SUMMARY: The Department of Energy reopens the record of its rulemaking 
to revise energy conservation standards for cooking products under the 
Energy Policy and Conservation Act for the following classes: Gas 
cooktops, gas ovens, and electric non-self-cleaning ovens. This notice 
provides an opportunity for public comment regarding supplemental 
analyses on the potential impact of alternative efficiency levels, 
written comments on these analyses, new factual information, and the 
principal policy options now under consideration.

DATES: Comments must be received on or before March 30, 1998.

ADDRESSES: A copy of the 1996 Draft Report on the Potential Impact of 
Alternative Energy Efficiency Levels for Residential Cooking Products 
(Draft Report), supplemental analysis, and other post comment period 
correspondence is available for public inspection and copying at the 
Freedom of Information Reading Room, U.S. Department of Energy, 
Forrestal Building, Room 1E-190, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-7574, between the hours of 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.
    Written comments are welcome. Please submit 10 copies (no faxes) 
to: Kathi Epping, U. S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, ``Energy Conservation Program for 
Consumer Products: Cooking Products, Docket No. EE-RM-S-97-700'', EE-
43, 1000 Independence Avenue, SW., Washington, DC 20585-0121.

FOR FURTHER INFORMATION CONTACT: Kathi Epping, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-43, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-7425, or 
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585, 
(202) 586-9507.

SUPPLEMENTARY INFORMATION: Pursuant to section 325 of the Energy Policy 
and Conservation Act (EPCA), 42 U.S.C. 6295, the Department of Energy 
(DOE) proposed to revise the energy conservation standards applicable 
to cooking products, as well as a variety of other consumer products. 
59 FR 10464 (March 4, 1994). Cooking products include conventional 
ranges, cooktops, and ovens and microwave ovens. Section 325(o)(2) 
requires that any amended standard be designed to achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified. 42 U.S.C. 6295(o)(2). DOE proposed performance 
standards for all conventional ovens and cooktops and microwave ovens.
    DOE held public hearings and received 59 comments on its proposed 
revisions to the cooking products energy conservation standards. After 
reviewing the comments, DOE concluded that a number of significant 
issues had been raised that required additional analysis. DOE also 
decided to separate the rulemaking on cooking products from the 
rulemakings for the other consumer products covered by the notice of 
proposed rulemaking.
    The Department, in response to comments on the proposed rule, 
prepared a Draft Report containing DOE's revised analysis examining 
five alternative efficiency levels. The Draft Report indicated that 
standards based on the described venting and insulating improvements to 
non-self-cleaning conventional electric ovens and eliminating standing 
pilot lights for non-self-cleaning conventional gas ovens and 
conventional gas cooktops could be determined to be technologically 
feasible and economically justified and to save significant energy. The 
analysis did not support any new or more stringent

[[Page 9976]]

efficiency standard for any other cooking products.
    On May 5, 1996, DOE distributed a copy of the Draft Report to 
interested parties including all of the commenters on the proposed rule 
on cooking products. (EE-RM-S-97-700, No. 1 and No. 2.) The Department 
invited comment on the Draft Report by no later than July 1, 1996. A 
copy of the cover letter and the Draft Report has been added to the 
record on file for inspection in the DOE Freedom of Information Reading 
Room.
    In commenting on the 1994 proposed rule, AHAM argued that standards 
are not warranted for any product, though AHAM proposed that, if a 
standard is set, DOE should adopt a prescriptive design standard 
prohibiting standing pilot lights on conventional gas ranges in lieu of 
all performance standards proposed for cooking products. Significant 
energy savings, consistency with current standards, minimal design 
change, and no compliance program were cited as benefits. AHAM also 
commented that eliminating standing pilot lights could 
disproportionately affect low-income and rural consumers. (EE-RM-93-
201, No. 1.)
    On April 23, 1996, the American Council for an Energy Efficient 
Economy (ACEEE) and the Natural Resources Defense Council (NRDC) sent a 
letter to the Association of Home Appliance Manufacturers (AHAM) 
stating their support for a prescriptive design standard banning pilot 
lights from all conventional gas ranges. (EE-RM-S-97-700, No. 3.)
    DOE received three comments on the Draft Report. NRDC recommended 
banning all standing pilot lights. In addition to cost effective energy 
savings, NRDC emphasized the health and safety benefits which would 
result from banning pilot lights. (EE-RM-S-97-700, No. 4.)
    Betty Crocker expressed concern over the impact of standards for 
consumers. Betty Crocker expressed concern about the maintenance 
required for electric coil cooktop reflective pans and commented that 
an oven separator would have low consumer acceptance. (EE-RM-S-97-700, 
No. 5.) The results of the Draft Report indicated that neither of these 
design options were economically justified.
    Whirlpool stated that none of the proposed design options are 
economically justified, several of the design options lessen consumer 
utility, and the energy use by ranges and ovens has declined 
significantly over the past two years. In addition, Whirlpool stated 
that the cost of compliance testing for any performance standard would 
offset the potential energy savings. Whirlpool did not discuss 
prescriptive design standards such as the elimination of pilot lights 
for gas products. (EE-RM-S-97-700, No. 6.)
    Based on the analysis in the Draft Report and the comments 
received, the Department is inclined to believe the record is complete 
with respect to microwave ovens, electric self-cleaning ovens, and 
electric cooktops. The analysis in the Draft Report indicates that 
establishing new or revised standards for these types of cooking 
products is not economically justified. For example, the analysis for 
microwave ovens indicated paybacks exceeding the 10-year product life, 
increased life-cycle costs, and a negative net present value. Based on 
the consideration of this analysis, the Department does not expect to 
establish new or revised standards for these products in this 
rulemaking.
    In addition, the analysis in the Draft Report and the comments 
received prompted further examination of gas cooktops, gas ovens, and 
electric non-self-cleaning ovens. DOE prepared an analysis to 
supplement the Draft Report that focuses exclusively on the possible 
elimination of standing pilot lights for gas products and improving 
non-self-cleaning conventional electric ovens by venting and insulating 
them like self-cleaning electric ovens. The supplemental analysis uses 
the latest available data from AHAM regarding the trends over time of 
shares of sales of non-self-cleaning conventional ovens and gas 
products with pilot lights. It also uses the latest utility price 
forecasts from the Annual Energy Outlook of the Energy Information 
Administration, AEO 97, and the Gas Research Institute, GRI 97. A copy 
of the supplemental analysis has been added to the record on file for 
inspection in the DOE Freedom of Information Reading Room, and DOE is 
sending a copy to all commenters on the proposed rule for cooking 
products. (EE-RM-S-97-700, No. 7.)
    The Department's supplemental analysis indicates that extending the 
statutory prescriptive design standard banning standing pilot lights to 
cover all conventional gas ranges would be technically feasible and 
economically justified and would result in significant energy savings. 
The current statutory standard bans pilot lights for gas kitchen ranges 
and ovens equipped with an electric cord. Some consumers would need to 
add an electrical outlet to accommodate electrical service to a 
conventional gas range. While it is unknown what percent of homes do 
not have electrical outlets available, based on the limited data 
available, the Department believes that this percentage would be small. 
In those homes where an electrical outlet is available, the estimated 
first-cost increase to consumers for conventional gas ranges is $37, 
with life-cycle cost savings of $91-$104 and paybacks of 2.9-3.2 years. 
In those homes where an outlet needs to be added, the additional $90 
cost of installing a new outlet 1 almost negates the 
savings. In homes where an electric outlet is not available, the total 
cost increase of $127, for conventional gas ranges, would result in 
life-cycle cost savings of $1-$14 with paybacks of 10-11 years.
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    \1\ The $90 estimate for adding an electrical outlet comes from 
a GRI report submitted by AHAM as a comment. It was derived from an 
informal survey of electricians to install an outlet accessible to a 
gas water heater and is comprised of $50 parts and labor and $40 for 
a service call.
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    The impacts are more substantial for separate conventional gas 
cooktops and ovens. For separate conventional gas cooktops, the cost 
increase is $116, resulting in a life-cycle cost increase of $41-48 and 
paybacks of 17-19 years. For separate conventional gas ovens, the cost 
increase of $113 results in a life-cycle cost increase of $68-$75 and 
paybacks of 27-32 years. Thus, the Department believes extending the 
ban to these separate products is not economically justified. Based on 
AHAM shipment data, the Department estimates the percent of separate 
conventional gas cooktops and separate conventional gas ovens with 
standing pilot lights to be approximately 3 and 0 percent, 
respectively, by the year 2000. Therefore, a standard extending the 
prohibition of standing pilot lights to include separate gas cooktops 
and ovens in addition to ranges results in very little incremental 
energy savings. Permitting separate conventional gas cooktops and ovens 
to use pilot lights could also accommodate special circumstances where 
electrical service is not practically available. Based on AHAM's 
comments regarding the elimination of pilot lights and the fact that no 
testing program would be required to implement such a prescriptive 
design standard, the Department believes that there would not be any 
significant adverse impacts on manufacturers. Given the analysis and 
public comments to date, the Department expects to extend the 
prescriptive design standard prohibiting standing pilot lights to all 
conventional gas ranges but not to include the extension to separate 
conventional gas cooktops and ovens without an electrical cord.
    The Department's supplemental analysis indicates that establishing

[[Page 9977]]

standards for electric non-self-cleaning ovens could be technically 
feasible and could save significant energy. However, because ovens are 
not tested currently and therefore performance data on specific ovens 
does not exist, it is unknown whether all non-self-cleaning electric 
ovens, if insulated and vented as their self-cleaning counterparts, 
would meet a specific performance standard. Consequently, there is a 
risk that in order to bring some electric non-self-cleaning ovens into 
compliance with a performance standard, manufacturers would need to use 
additional design options. The analysis found no other design options 
for either gas or electric ovens to be cost effective. Thus, the 
Department does not expect to establish performance standards for any 
cooking products including non-self-cleaning electric ovens.
    The Department is changing the name for this rulemaking from 
``kitchen ranges and ovens'' to ``cooking products.'' This change is 
made because the term ``kitchen ranges and ovens'' does not accurately 
describe the products considered which include conventional ranges, 
cooktops and ovens and microwave ovens. To be consistent with this 
change, the Department expects to add a regulatory definition of 
``cooking products'' that is the same as the existing definition of 
``kitchen ranges and ovens.''
    The Department solicits public comment on the supplemental analysis 
and its implications for this rulemaking, specifically with regard to 
the extension of the prohibition on standing pilot lights.

    Issued in Washington, DC, on January 26, 1998.
Dan W. Reicher,
Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 98-5084 Filed 2-26-98; 8:45 am]
BILLING CODE 6450-01-P