[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72332-72348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30234]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2008-BT-TP-0011]
RIN 1904-AB78


Energy Conservation Program: Test Procedure for Microwave Ovens

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

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) published an interim final 
rule on March 9, 2011, amending its test procedures for microwave ovens 
under the Energy Policy and Conservation Act (EPCA) to provide for the 
measurement of standby mode and off mode power use by microwave ovens. 
Those amendments incorporated into the DOE test procedure provisions 
from the International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' First Edition 2005-06 (IEC Standard 62301 (First Edition)). In 
addition, those amendments adopted in the DOE test procedure 
definitions of modes based on the relevant provisions from the IEC 
Standard 62301 Second Edition, Final Draft International Standard (IEC 
Standard 62301 (FDIS)), as well as language to clarify application of 
these provisions for measuring standby mode and off mode power 
consumption in microwave ovens. Just prior to publication of the 
interim final rule, the IEC replaced the First Edition of this standard 
with the current Second Edition. This supplemental notice of proposed 
rulemaking proposes to incorporate the latest edition of IEC Standard 
62301.

DATES: DOE will accept comments, data, and information regarding this 
supplemental notice of proposed rulemaking (SNOPR) submitted no later 
than December 23, 2011. See section V, ``Public Participation,'' for 
details.

ADDRESSES: Any comments submitted must identify the SNOPR on Test 
Procedures for Microwave Ovens, and provide docket number EERE-2008-BT-
TP-0011 and/or regulatory information number (RIN) 1904-AB78. Comments 
may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include docket number 
EERE-2008-BT-TP-0011 and/or RIN 1904-AB78 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, framework 
documents, public meeting attendee lists and transcripts, comments, and 
other supporting documents/materials. All documents in the docket are 
listed in the http://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.

[[Page 72333]]

    A link to the docket web page can be found at: http://www.regulations.gov/#!docketDetail;rpp=10;po=0;D=EERE-2008-BT-TP-0011. 
This web page contains a link to the docket for this notice on the 
http://www.regulations.gov site. The http://www.regulations.gov web 
page contains simple instructions on how to access all documents, 
including public comments, in the docket. See section V for information 
on how to submit comments through http://www.regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or email: [email protected].

FOR FURTHER INFORMATION CONTACT:
Mr. Wes Anderson, U.S. Department of Energy, Energy Efficiency and 
Renewable Energy, Building Technologies Program, EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Tel.: (202) 586-
7335. Email: [email protected].
Mr. Ari Altman, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Tel.: (202) 287-6307, Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Legal Authority
II. Summary of the Supplemental Notice of Proposed Rulemaking
III. Discussion
    A. Products Covered by This Test Procedure Rulemaking
    B. Effective Date for the Test Procedure and Date on Which Use 
of the Test Procedure Would Be Required
    C. Incorporation of IEC Standard 62301 (Second Edition)
    1. Stable Power Consumption
    2. Unstable, Non-Cyclic Power Consumption
    3. Cyclic Power Consumption
    4. Product Testing
    5. Conclusions on Test Methodology
    D. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off 
Mode''
    E. Specifications for the Test Methods and Measurements for 
Microwave Oven Standby Mode and Off Mode Testing
    F. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Certification Requirements
IV. Procedural Issues and Regulatory Review
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Background and Legal Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of provisions 
designed to improve energy efficiency. (All references to EPCA refer to 
the statute as amended through the Energy Independence and Security Act 
of 2007 (EISA 2007), Pub. L. 110-140 (Dec. 19, 2007)). Part B of title 
III, which for editorial reasons was redesignated as Part A upon 
incorporation into the U.S. Code (42 U.S.C. 6291-6309), establishes the 
``Energy Conservation Program for Consumer Products Other Than 
Automobiles,'' including microwave ovens, the subject of today's 
notice. (42 U.S.C. 6291(1)-(2) and 6292(a)(10))
    Under EPCA, this program consists essentially of four parts: (1) 
Testing, (2) labeling, (3) Federal energy conservation standards, and 
(4) certification and enforcement procedures. The testing requirements 
consist of test procedures that manufacturers of covered products must 
use (1) as the basis for certifying to DOE that their products comply 
with the applicable energy conservation standards adopted under EPCA, 
and (2) for making representations about the efficiency of those 
products. Similarly, DOE must use these test requirements to determine 
whether the products comply with any relevant standards promulgated 
under EPCA.

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    The EISA 2007 amendments to EPCA, in relevant part, require DOE to 
amend the test procedures for all residential covered products to 
include measures of standby mode and off mode energy consumption. 
Specifically, section 310 of EISA 2007 provides definitions of 
``standby mode'' and ``off mode'' (42 U.S.C. 6295(gg)(1)(A)) and 
permits DOE to amend these definitions in the context of a given 
product (42 U.S.C. 6295(gg)(1)(B)). The statute requires integration of 
such energy consumption ``into the overall energy efficiency, energy 
consumption, or other energy descriptor for each covered product, 
unless the Secretary determines that--
    (i) The current test procedures for a covered product already fully 
account for and incorporate the standby mode and off mode energy 
consumption of the covered product; or
    (ii) Such an integrated test procedure is technically infeasible 
for a particular covered product, in which case the Secretary shall 
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))
    Under the statutory provisions adopted by EISA 2007, any such 
amendment must consider the most current versions of IEC Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' and IEC Standard 62087, ``Methods of measurement for the power 
consumption of audio, video, and related equipment.'' \1\ Id. At the 
time of the enactment of EISA 2007, the most current versions of these 
standards were IEC Standard 62301 (First Edition 2005-06) and IEC 
Standard 62087 (Second Edition 2008-09).
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    \1\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedures to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. Accordingly, the 
narrow scope of this particular IEC standard reduces its relevance 
to today's proposal.
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DOE Test Procedure at Appendix I

    Historically, DOE's active mode test procedure for microwave ovens 
appeared at appendix I to subpart B of Title 10 of the Code of Federal 
Regulations (CFR).\2\ That test procedure

[[Page 72334]]

was part of an October 3, 1997 final rule that also revised the test 
procedures for other cooking products to measure their efficiency and 
energy use more accurately. 62 FR 51976. That final rule incorporated 
portions of IEC Standard 705-1998 and Amendment 2-1993, ``Methods for 
Measuring the Performance of Microwave Ovens for Households and Similar 
Purposes'' to measure microwave oven cooking efficiency, but did not 
address energy use in the standby or off modes. Id.
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    \2\ In a final rule published on April 8, 2009 (74 FR 16040), 
DOE found that no active mode cooking efficiency standards were 
justified for electric cooking products, including microwave ovens. 
This rulemaking completed the second cycle of rulemakings required 
by the NAECA amendments to EPCA. (42 U.S.C. 6295(h)(2)) In its 
analysis for the second cycle of rulemakings, DOE determined that 
the microwave oven test procedure provisions to measure cooking 
efficiency do not produce accurate and repeatable test results. DOE 
was unaware of any test procedures that had been developed that 
addressed the concerns with the DOE microwave oven cooking 
efficiency test procedure. DOE, therefore, repealed the regulatory 
provisions establishing the active mode cooking efficiency test 
procedure for microwave ovens under EPCA in a final rule published 
on July 22, 2010 (the July 2010 TP Final Rule). 75 FR 42579. DOE 
also published a notice of a public meeting to discuss a separate 
rulemaking process to replace the repealed provisions for measuring 
microwave oven energy efficiency in active mode on July 22, 2010. 75 
FR 42611.
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    DOE published a notice of proposed rulemaking (NOPR) on October 17, 
2008 (hereafter referred to as the October 2008 TP NOPR), in which it 
proposed incorporating provisions from IEC Standard 62301 (First 
Edition) into the DOE active mode test procedure, as well as language 
to clarify application of these provisions for measuring standby mode 
and off mode power in microwave ovens. 73 FR 62134. DOE held a public 
meeting on November 14, 2008 (hereafter referred to as the November 
2008 public meeting) to hear oral comments on and solicit information 
relevant to the October 2008 TP NOPR. Interested parties remarked upon, 
among other things, harmonization of standards and test procedures with 
those of other countries and international agencies. In particular 
commenters urged DOE to consider IEC Standard 62301, ``Household 
electrical appliances--Measurement of standby power,'' Edition 2.0 
2011-01 (IEC Standard 62301 (Second Edition) or ``Second Edition''), 
which was in the process of being drafted.
    EPCA requires DOE to consider the most recent version of IEC 
Standard 62301. (42 U.S.C. 6295(gg)(2)(A)) After the October 2008 TP 
NOPR was published, DOE determined that it would consider the revised 
version of IEC Standard 62301, (i.e., IEC Standard 62301 (Second 
Edition)), in the microwave oven test procedure rulemaking. DOE 
anticipated, based on review of drafts of the updated IEC Standard 
62301, that the revisions could include different mode definitions. The 
revised version was expected in July 2009. IEC Standard 62301 (Second 
Edition) was not published, however, until January 27, 2011.
    Because the EISA 2007 amendments to EPCA required DOE to establish 
test procedures for standby mode and off mode by March 31, 2011, and 
because DOE is conducting a concurrent energy conservation standards 
rulemaking for standby and off mode energy use, discussed below, DOE 
published a supplemental notice of proposed rulemaking (SNOPR) on July 
22, 2010 (hereafter referred to as the July 2010 TP SNOPR) proposing 
mode definitions based on those in the then current draft version of 
IEC Standard 62301 (Second Edition), designated as IEC Standard 62301 
Second Edition, Committee Draft for Vote (IEC Standard 62301 (CDV)). 75 
FR 42612, 42620-23 (July 22, 2010). DOE noted in the July 2010 TP SNOPR 
that IEC Standard 62301 (CDV) contained proposed amendments to IEC 
Standard 62301 (First Edition), including new mode definitions based on 
those proposed in IEC Standard 62301 (Second Edition), Committee Draft 
2 (IEC Standard 62301 (CD2)) \3\ and which addressed comments received 
by interested parties in response to IEC Standard 62301 (CD2). As a 
result of this continued refinement on the basis of public comment, DOE 
stated that it believed that those most recent mode definitions 
represented the best definitions available for the analysis in support 
of this rulemaking. 75 FR 42612, 42621.
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    \3\ IEC Standard 62301 (CD2) was the draft version immediately 
preceding IEC Standard 62301 (CDV).
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    DOE held a public meeting on September 16, 2010 (hereafter referred 
to as the September 2010 public meeting), to hear oral comments on and 
solicit information relevant to the July 2010 TP SNOPR. Interested 
parties remarked upon, among other things, covered products, 
incorporation of IEC Standard 62301 (First Edition), mode definitions, 
and testing procedures. On October 29, 2010, the IEC released a 
finalized draft version of IEC Standard 62301 (Second Edition), IEC 
Standard 62301 (FDIS).
    On March 9, 2011, DOE published an interim final rule (hereafter 
referred to as the March 2011 Interim Final Rule) amending the test 
procedures for microwave ovens. 76 FR 12825. The March 2011 Interim 
Final Rule incorporated by reference specific clauses from IEC Standard 
62301 (First Edition) regarding test conditions and testing procedures 
for measuring the average standby mode and average off mode power 
consumption into the microwave oven test procedure. DOE also 
incorporated into the microwave oven test procedure definitions of 
``active mode,'' ``standby mode,'' and ``off mode'' based on the 
definitions provided in IEC Standard 62301 (FDIS). DOE further adopted 
language to clarify the application of clauses from IEC Standard 62301 
(First Edition) for measuring standby mode and off mode power in the 
interim final rule. Specifically, DOE defined the test duration for 
cases in which the measured power is not stable (i.e., varies over a 
cycle), recognizing that the power consumption of microwave oven 
displays can vary based on the displayed clock time. 76 FR 12825, 
12828.
    The amendments adopted in the March 2011 Interim Final Rule became 
effective on April 8, 2011. However, DOE noted that in order to ensure 
that the amended test procedure adequately addresses the EISA 2007 
requirement to consider the most recent version of IEC Standard 62301, 
and recognizing that the IEC issued IEC Standard 62301 (Second Edition) 
in January of 2011, DOE issued the microwave oven test procedure as an 
interim final rule and offered an additional 180-day comment period to 
consider whether any changes should be made to the interim final rule 
in light of publication of IEC Standard 62301 (Second Edition). DOE 
stated that it would consider these comments and, to the extent 
necessary, publish a final rulemaking incorporating any changes. 76 FR 
12825, 12830-31. In response to the March 2011 Interim Final Rule, 
interested parties commented, among other things, that DOE should 
incorporate by reference IEC Standard 62301 (Second Edition) for 
optimal international harmonization, to give clarity and consistency to 
the regulated community and to decrease the testing burden.
    As stated above, DOE is considering amended microwave oven energy 
conservation standards addressing standby and off mode energy use 
concurrently with the test procedure rulemaking process. The National 
Appliance Energy Conservation Act of 1987 (NAECA; Pub. L. 100-12), 
which amended EPCA, established prescriptive standards for kitchen 
ranges and ovens, but no standards were established for microwave 
ovens. (42 U.S.C. 6295(h)(1)) The NAECA amendments also required DOE to 
conduct two cycles of rulemakings to determine whether to revise the 
standard. (42 U.S.C. 6295(h)(2)) DOE undertook the first cycle of these 
rulemakings and issued a

[[Page 72335]]

final rule on September 8, 1998 (63 FR 48038), in which DOE found that 
no amended standards were justified for electric cooking products, 
including microwave ovens.
    DOE initiated the second cycle of energy conservation standards 
rulemakings for cooking products by publishing a framework document 
covering, in part, microwave ovens, and giving notice of a public 
meeting and the availability of the framework document. 71 FR 15059 
(March 27, 2006). On November 15, 2007, DOE published an advance notice 
of proposed rulemaking (ANOPR) (72 FR 64432) (hereafter the November 
2007 ANOPR) concerning energy conservation standards for commercial 
clothes washers and residential dishwashers, dehumidifiers, and cooking 
products, including microwave ovens (collectively, appliance 
standards). In the November 2007 ANOPR, DOE determined that energy 
consumption by microwave ovens in the standby mode represents a 
significant portion of microwave oven energy use, and that a standard 
regulating such energy consumption would likely have significant energy 
savings. 72 FR 64432, 64441-42. Before standby power could be included 
in an efficiency standard for microwave ovens, however, test procedures 
for the measurement of standby power would be required. Id.
    On December 13, 2007, DOE held a public meeting to receive comments 
on the November 2007 ANOPR (hereafter referred to as the December 2007 
public meeting). At the December 2007 public meeting, DOE presented the 
possibility that test standard IEC Standard 62301 (First Edition) could 
be incorporated by reference into DOE's microwave oven test procedure 
to measure standby power. DOE also discussed clarifications to the IEC 
Standard 62301 (First Edition) test conditions, including a requirement 
that, if the measured power were not stable, the standby mode power 
test would be run for a period of 12 hours with an initial clock 
setting of 12 a.m. This would permit more accurate measurement of 
average standby power consumption.
    DOE published a NOPR for the appliance standards rulemaking on 
October 17, 2008, in which it tentatively concluded that a standard for 
microwave oven standby mode and off mode energy consumption would be 
technologically feasible and economically justified. 73 FR 62034. DOE 
received responses to the NOPR from interested parties regarding the 
harmonization of standards and test procedures with those of other 
countries and international agencies. As a result of these comments, 
DOE decided to consider the revised version of IEC Standard 62301 
(i.e., IEC Standard 62301 (Second Edition)) in the development of 
energy conservation standards for the standby mode and off mode power 
consumption of microwave ovens. As stated above, because the issuance 
of the revised version did not occur until January 27, 2011, DOE 
considered the most recent draft at the time, which was version IEC 
Standard 62301 (CDV) for the July 2010 TP SNOPR and IEC Standard 62301 
(FDIS) for the March 2011 TP Interim Final Rule. 75 FR 42612, 42614; 76 
FR 12825, 12831-33.

II. Summary of the Supplemental Notice of Proposed Rulemaking

    As discussed in section I, DOE published the March 2011 Interim 
Final Rule to provide an opportunity for it to fully consider whether 
any changes should be made in light of publication of IEC Standard 
62301 (Second Edition). For this reason, and, based upon the public 
comment received on the March 2011 Interim Final Rule, DOE decided to 
further analyze IEC Standard 62301 (Second Edition), which published on 
January 27, 2011. Consistent with its statutory mandate, DOE has 
reviewed this latest version of the IEC standard and believes that it 
improves some measurements of standby mode and off mode energy use. 
Accordingly, DOE proposes in today's SNOPR to incorporate certain 
provisions of the IEC Standard 62301 (Second Edition), along with 
clarifying language, into the DOE test procedures for microwave ovens 
adopted in the March 2011 Interim Final Rule. In addition, DOE proposes 
in today's SNOPR to make minor editorial changes in 10 CFR part 430, 
subpart B, appendix I, section 2.2.1.1 to aid the reader by presenting 
the electrical supply voltages consistently for microwave ovens and 
conventional cooking products, and also in section 1.12 to clarify the 
alternative use of metric units for various measurements and 
calculations in the conventional cooking products test procedure. For 
the reader's convenience, DOE has reproduced in this SNOPR the entire 
body of regulatory text from the March 2011 Interim Final Rule for the 
microwave oven test procedure, further amended as appropriate according 
to today's proposals.
    As noted above, EPCA requires that DOE determine whether a proposed 
test procedure amendment would alter the measured efficiency of a 
product, thereby requiring adjustment of existing standards. (42 U.S.C. 
6293(e)) Because there are currently no Federal energy conservation 
standards for microwave ovens (including energy use in the standby and 
off modes), such requirement does not apply to this rulemaking. DOE is 
conducting a concurrent rulemaking process to consider standby and off 
mode energy conservation standards and will consider this test 
procedure rulemaking as any standards are developed.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

    DOE defines ``microwave oven'' as a class of kitchen ranges and 
ovens which is a household cooking appliance consisting of a 
compartment designed to cook or heat food by means of microwave energy. 
10 CFR 430.2 In the March 2011 Interim Final Rule, DOE determined that 
this regulatory definition includes all ovens equipped with microwave 
capability, including combination ovens (i.e., microwave ovens that 
incorporate convection features and possibly other means of cooking) 
because they are capable of cooking or heating food by means of 
microwave energy. 76 FR 12825, 12828-30 (March 9, 2011). DOE also 
determined that the test procedure would not apply to the type of 
cooking appliance classified by DOE regulations as a microwave/
conventional range, which has separate compartments or components 
consisting of a microwave oven, a conventional oven, and a conventional 
cooking top. Id. at 12830. DOE noted that it will evaluate any 
differences among microwave ovens and combination microwave ovens, 
including installation configurations and heating features that may 
warrant different product classes or energy conservation standards 
during its microwave oven standards rulemaking. Id. at 12829-30. DOE 
also noted that defining a covered product for the purposes of 
measuring standby mode and off mode energy use does not require that 
active mode provisions be specified for that same product. When 
considering future active mode test procedure amendments, DOE will 
evaluate the suitability of separate provisions for combination 
microwave ovens to measure the energy performance of heating components 
other than the microwave portion. Id.
    DOE also noted in the March 2011 Interim Final Rule that, based on 
its limited testing of a small sample of over-the-range microwave 
ovens, as well as more extensive testing of a sample of over-the-range 
combination microwave ovens, DOE did not identify any different standby 
or off modes as

[[Page 72336]]

compared to countertop microwave-only units. Thus, DOE determined that 
the measures adopted in the March 2011 Interim Final Rule provide 
representative measures of standby mode and off mode energy use in 
countertop and over-the-range configurations of microwave ovens and 
combination microwave ovens, and did not provide an exclusion for over-
the-range units in the definition of covered products. Differences in 
energy use in these modes between countertop and over-the-range 
configurations would be evaluated as part of the energy conservation 
standards rulemaking addressing standby mode and off mode for microwave 
ovens. Id.
    The Association of Home Appliance Manufacturers (AHAM) objected to 
the definition of covered products in the March 2011 Interim Final Rule 
because it does not consider the effects on a possible future active 
mode test procedure. AHAM stated that an active mode test procedure is 
likely to have inherent complexities, as indicated by DOE's repeal of 
the active mode test procedure, and not considering active mode in the 
definition of covered products will only add to those complexities. 
AHAM stated that DOE should address this issue now and would work with 
DOE to determine how the differences between microwave-only ovens, 
over-the-range microwave ovens, and combination ovens should be 
addressed. (AHAM, No. 31 at p. 2) \4\ Whirlpool Corporation (Whirlpool) 
supported the comments made by AHAM. (Whirlpool, No. 30 at p. 1)
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    \4\ A notation in the form ``AHAM, No. 31 at p. 2'' identifies a 
written comment: (1) Made by the Association of Home Appliance 
Manufacturers; (2) recorded in document number 31 that is filed in 
the docket of the microwave oven test procedures rulemaking (Docket 
No. EERE-2008-BT-TP-0011) and available for review at http://www.regulations.gov; and (3) which appears on page 2 of document 
number 31.
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    As discussed above, DOE will evaluate the suitability of separate 
provisions for measuring the active mode energy use of different 
heating components or other product features related to installation 
configuration when considering future amendments to the microwave oven 
test procedure to address active mode. DOE may consider at that time 
whether amendments to the definition of ``microwave oven'' are 
necessary for the development of an active mode test procedure. DOE 
also notes that it makes determinations regarding the scope of covered 
products, including potential grouping in product classes, in the 
energy conservation standards rulemaking process. As discussed in the 
March 2011 Interim Final Rule, under the definition of ``microwave 
oven,'' all ovens equipped with microwave capability would be 
considered covered products, and that for the standby mode and off mode 
test procedure, the same testing methodology can be used for microwave-
only, over-the-range microwave ovens, and combination microwave ovens. 
76 FR 12825, 12829-30 (Mar. 9, 2011). For these reasons, DOE is not 
proposing amendments to the definition of ``microwave oven'' in 10 CFR 
430.2 in today's SNOPR.
    AHAM commented that the determination of covered products in the 
March 2011 Interim Final Rule is overly broad. AHAM stated that 
combination ovens are now covered products under the definition of 
``microwave oven'' according to the March 2011 Interim Final Rule, but 
the adopted test procedure fails to make that clear. AHAM stated that, 
according to the March 2011 Interim Final Rule, a free-standing range 
with microwave capability would be excluded, but this is not clear from 
the definition. AHAM continues to believe that DOE should not consider 
combination ovens as meeting the definition of ``microwave oven,'' but 
that DOE could alternatively clarify the intent to include combination 
ovens as covered products by defining the term ``combination oven.'' 
(AHAM, No. 31 at p. 2) Whirlpool supported the comments made by AHAM. 
(Whirlpool, No. 30 at p. 1)
    Although DOE provided a definition of a combination oven as a 
microwave oven that incorporates convection features and possibly other 
means of cooking in the March 2011 Interim Final Rule, it agrees that 
additional clarity would be gained by codifying a definition. To that 
end, DOE is proposing to add such a definition of ``combination oven'' 
to the definitions in 10 CFR 430.2. DOE further notes that the 
definition of ``microwave oven'' adopted in the March 2011 Interim 
Final Rule specifies that the appliance would consist of a compartment 
designed to cook or heat food by means of microwave energy and would 
include combination ovens. However, 10 CFR 430.2 additionally defines a 
microwave/conventional range as distinct from a microwave oven, 
although it incorporates a microwave oven along with a conventional 
oven and conventional cooking top. Because the test procedure applies 
only to microwave ovens and not to microwave/conventional ranges, a 
free-standing range with microwave capability in one compartment and a 
conventional oven in a separate compartment would not be a covered 
product under this rulemaking. Additionally, a range incorporating a 
single compartment with microwave capability and other cooking or 
heating means, along with a conventional cooking top, would not be 
considered a covered product because the cooking top portion would 
exclude the range from the relevant portion of the definition of 
``microwave oven'' (e.g., a compartment designed to cook or heat food 
by means of microwave energy.)
    AHAM also commented that, based on DOE's statement that the 
definition of combination microwave oven as a covered product does not 
hinge on which cooking mode is primary (i.e., radiant heating or 
microwave energy) and that all ovens equipped with microwave capability 
would be considered a covered product under the March 2011 Interim 
Final Rule, a product that uses radiant heat for cooking, but also uses 
microwave energy as a secondary cooking mode, would be covered as a 
microwave oven as well as a conventional cooking product, and such a 
product should not be twice regulated. AHAM stated, therefore, that 
such a product should not be covered by the definition of microwave 
oven. (AHAM, No. 31 at p. 2) Whirlpool supported the comments made by 
AHAM. (Whirlpool, No. 30 at p. 1)
    DOE defines ``conventional oven'' as ``a class of kitchen ranges 
and ovens which is a household cooking appliance consisting of one or 
more compartments intended for the cooking or heating of food by means 
of either a gas flame or electric resistance heating. It does not 
include portable or countertop ovens which use electric resistance 
heating for the cooking or heating of food and are designed for an 
electrical supply of approximately 120 volts.'' 10 CFR 430.2 Because 
this definition does not provide for the option of cooking or heating 
food by means of microwave energy, DOE concludes that a product 
comprising a single compartment that uses both radiant heat and 
microwave energy for cooking would be covered only under the definition 
of ``microwave oven,'' which includes combination microwave ovens 
(including those with radiant heating elements) regardless of which is 
considered the primary cooking mode, and would not be covered as a 
conventional cooking product.
    DOE acknowledges that the definition of ``microwave oven'' 
considers only a single compartment, while the definition of 
``conventional oven'' allows for the possibility of one or more 
compartments. DOE believes that, for products that consist of multiple 
oven

[[Page 72337]]

compartments but no integral cooking top portion, the compartment(s) 
that provide for cooking by means of microwave energy in combination 
with any other cooking or heating means would be classified as 
microwave ovens, while the compartment(s) that cook or heat food by 
means of a gas flame or electric resistance heating without the use of 
microwave energy would be classified as conventional ovens.
    DOE notes that its regulations contain certain provisions allowing 
a manufacturer to seek a waiver from the test procedure requirements 
for covered consumer products if at least one of the following 
conditions is met: (1) The petitioner's basic model contains one or 
more design characteristics that prevent testing according to the 
prescribed test procedure, or (2) when the prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy consumption characteristics as to provide materially 
inaccurate comparative data. 10 CFR 430.27(a)(1). Petitioners must 
include in their petition any alternative test procedures known to the 
petitioner to evaluate the basic model in a manner representative of 
its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). The 
Assistant Secretary for Energy Efficiency and Renewable Energy may 
grant a waiver subject to conditions, including adherence to alternate 
test procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to 
the provisions of 10 CFR 430.27(m).
    As discussed in section III.B, the amendments to the DOE microwave 
oven test procedure codified in the CFR would clarify that the 
procedures and calculations adopted in the final rule need not be 
performed to determine compliance with energy conservation standards, 
until compliance with any final rule establishing amended energy 
conservation standards for microwave ovens in standby mode and off mode 
is required. At that time, any application for waiver from the test 
procedure may be submitted. As noted in section I, DOE is currently 
conducting an energy conservation standards rulemaking to address 
microwave oven standby power consumption. DOE also notes that 
determinations as to whether certain products are considered covered 
under DOE's regulations are made in the energy conservation standards 
rulemaking.
    AHAM commented that it opposes the inclusion of thermal elements 
designed for surface browning in the definition of microwave ovens. 
AHAM noted DOE repealed the active mode test procedure for microwave 
ovens because DOE determined it was not repeatable or reproducible and 
by including microwave ovens with thermal elements in the definition of 
microwave ovens, that same unworkable situation would be created here. 
According to AHAM, there is currently no repeatable and reproducible 
test procedure for microwave ovens with thermal elements, and those 
units with thermal elements may use different amounts of energy than 
units with microwave-only capability. In addition, AHAM commented that 
there are no agreed-upon definitions as to what constitutes 
``browning.'' AHAM urged DOE to not include thermal elements designed 
for surface browning in the definition of ``microwave oven.'' (AHAM, 
No. 31 at pp. 2-3) Whirlpool supported the comments made by AHAM. 
(Whirlpool, No. 30 at p. 1)
    As discussed above, DOE may consider amendments to the test 
procedure to measure the active mode energy use in a separate test 
procedure rulemaking process, including the methods for measuring the 
energy use of thermal elements. As discussed in the March 2011 Interim 
Final Rule, under the definition of ``microwave oven,'' all ovens 
equipped with microwave capability would be considered a covered 
products, including those with thermal elements. 76 FR 12825, 12830 
(Mar. 9, 2011). DOE also makes determinations regarding the scope of 
covered products in the energy conservation standards rulemaking 
process. As a result, DOE is not proposing amendments to the definition 
of ``microwave oven'' in 10 CFR 430.2 to exclude thermal elements 
designed for surface browning in today's SNOPR.
    AHAM commented that DOE should again consider the differences 
between countertop microwave ovens and over-the-range microwave ovens, 
noting there are significant differences both in energy consumption and 
consumer utility. AHAM noted that countertop microwave ovens are 
typically designed for room temperature ambient conditions, whereas 
over-the-range microwave ovens must be designed to withstand the higher 
temperatures above a range. AHAM commented that features such as the 
display require more energy for over-the-range microwave ovens to 
withstand the higher temperatures, and that Vacuum Fluorescent Displays 
(VFDs) are used more often in such units because of their reliability 
at higher temperatures, but require higher current to operate in both 
active and standby modes. AHAM noted that countertop microwave ovens 
can use lower-power Light Emitting Diode (LED) displays due to the 
lower ambient temperatures. AHAM added that other energy-using features 
typically exist only in over-the-range microwave ovens, such as air 
venting and circulation, forced cooling, and cooktop lighting. (AHAM, 
No. 31 at p. 3) Whirlpool supported the comments made by AHAM. 
(Whirlpool, No. 30 at p. 1)
    As discussed in the March 2011 Interim Final Rule, DOE did not 
identify during its research and testing any different standby or off 
modes for over-the-range microwave-only and combination microwave ovens 
as compared to countertop microwave-only units. DOE noted that 
differences in energy use, installation configurations, and heating 
features between countertop and over-the-range configurations that may 
warrant different product classes would be evaluated as part of the 
energy conservation standards rulemaking addressing standby mode and 
off mode for microwave ovens. 76 FR 12825, 12829-30 (Mar. 9, 2011). DOE 
may consider the suitability of separate provisions for over-the-range 
microwave ovens to measure the energy performance of active mode 
features such as air venting and circulation, forced cooling, and 
cooktop lighting when considering future active mode test procedure 
amendments.
    Intirion Corporation (Intirion) commented that its product--an 
integrated microwave oven, refrigerator/freezer, and two charging 
stations (``MicroFridge'')--should not be considered a covered product 
under the proposed energy conservation standards for microwave oven 
standby power and should be considered exempt from the standard. 
(Intirion, No. 29 at p. 1) Intirion commented that the MicroFridge 
should be considered a combination appliance which, according to 
Intirion, is significantly different from a typical microwave oven. 
Intirion also noted that, although the MicroFridge can either be 
shipped as a pre-assembled combination appliance or as a separate unit 
(with the consumer attaching the microwave oven and refrigerator/
freezer on-site), the intention of the MicroFridge is to be used as a 
combination appliance. (Intirion, No. 29 at pp. 1-2) The MicroFridge 
allows the consumer to power a microwave oven, refrigerator/freezer, 
and charging stations from a single outlet. Intirion commented that the 
microwave oven controller in the MicroFridge also manages electrical 
flow for the microwave oven, refrigerator/freezer, and charging 
stations to prevent the electrical circuit from overloading. When the 
microwave

[[Page 72338]]

oven is in use, the electrical flow to the charging stations and 
refrigerator are turned off. (Intirion, No. 29 at p. 2) Intirion 
further commented that when considering the microwave oven exclusive of 
the charging stations and refrigerator electrical management, the 
microwave oven LED clock display and microcontroller consume 2 watts 
(W) in standby mode.\5\ (Intirion, No. 29 at pp. 2-3) Intirion 
requested that DOE issue a waiver for the MicroFridge microwave oven 
from the proposed energy conservation standards for microwave oven 
standby power because its characteristics make the standby power 
standards not applicable, and a wavier should be granted. (Intirion, 
No. 29 at p. 4)
---------------------------------------------------------------------------

    \5\ Aside from the microwave oven LED display and 
microcontroller, Intirion noted that the Microfridge consumes 0.2W 
for 2 front green LED lamps, 0.5W each for two front outlets, and 
0.5W for a rear outlet. The total standby power of the MicroFridge 
is thus 3.7W.
---------------------------------------------------------------------------

    In response, as discussed above for products that consist of 
multiple oven compartments but no integral cooking top portion, DOE 
notes that its regulations contain certain provisions allowing a 
manufacturer to seek a waiver from the test procedure requirements for 
covered consumer products if at least one of the following conditions 
is met: (1) The petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedure, or (2) when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 430.27(a)(1). DOE also notes that 
determinations as to whether certain products are considered covered 
under DOE's regulations are made in the energy conservation standards 
rulemaking.

B. Effective Date for the Test Procedure and Date on which Use of the 
Test Procedure Would be Required

    The effective date of the standby and off mode test procedures for 
microwave ovens would be 30 days after the date of publication of the 
final rule. DOE's amended test procedure regulations codified in the 
CFR would clarify, though, that the procedures and calculations adopted 
in the final rule need not be performed to determine compliance with 
energy conservation standards, until compliance with any final rule 
establishing amended energy conservation standards for microwave ovens 
in standby mode and off mode is required. However, as of 180 days after 
publication of the final rule, any representations as to the standby 
mode and off mode energy consumption of the products that are the 
subject of this rulemaking would need to be based upon results 
generated under the applicable provisions of this test procedure. (42 
U.S.C. 6293(c)(2))

C. Incorporation of IEC Standard 62301 (Second Edition)

    As noted above, EPCA, as amended by EISA 2007, requires that test 
procedures be amended to include standby mode and off mode energy 
consumption, taking into consideration the most current versions of IEC 
Standards 62301 and 62087. (42 U.S.C. 6295(gg)(2)(A)) The March 2011 
Interim Final Rule incorporated in the test procedures for microwave 
ovens relevant provisions from IEC Standard 62301 (First Edition) for 
measuring standby mode and off mode power. DOE reviewed the IEC 
Standard 62301 (First Edition) and concluded that it would be generally 
applicable to microwave ovens, although some clarification would be 
needed. Specifically, DOE adopted a specific standby mode power 
measurement methodology for units in which power varies as a function 
of displayed time. 76 FR 12825, 12837-12840 (Mar. 9, 2011). With these 
clarifications in place, the March 2011 Interim Final Rule referenced 
IEC Standard 62301 (First Edition) for the standby mode and off mode 
wattage measurements.
    DOE noted in the March 2011 Interim Final Rule that there were 
significant differences between IEC Standard 62301 (First Edition) and 
IEC Standard 62301 (FDIS), which was the latest draft version of IEC 
Standard 62301 (Second Edition) available during the drafting of the 
interim final rule. Id. at 12832-33. For example, IEC Standard 62301 
(FDIS) clarified certain provisions, such as the definition of 
``standby mode'' and ``off mode'' to allow for the measurement of 
multiple standby power modes. IEC Standard 62301 (FDIS) incorporated 
responses to comments from multiple national committees from member 
countries on several previous draft versions, and thus, DOE believed, 
it provided the best available mode definitions. Id. After considering 
both versions of IEC Standard 62301 (i.e., First Edition and FDIS), DOE 
concluded in the March 2011 Interim Final Rule that the definitions of 
``standby mode,'' ``off mode,'' and ``active mode'' provided in IEC 
Standard 62301 (FDIS) were more useful, in that they expanded upon the 
EPCA mode definitions and provided additional guidance as to which 
functions would be associated with each mode. Therefore, DOE adopted 
the definitions of ``standby mode,'' ``off mode,'' and ``active mode'' 
based on the definitions provided in IEC Standard 62301 (FDIS) in the 
March 2011 Interim Final Rule. Id. at 12836.
    DOE noted in the March 2011 Interim Final Rule that IEC published 
the final version of IEC Standard 62301 (Second Edition) on January 27, 
2011, too late to be incorporated into the rulemaking. DOE also noted 
that significant changes in the methodology of IEC Standard 62301 were 
first introduced only at the IEC Standard 62301 (FDIS) stage. DOE noted 
that those changes had not been, at that time, the subject of 
significant public comment from interested parties, nor had DOE had the 
opportunity to conduct a thorough analysis of those provisions. Id. at 
12833. Given the pending statutory deadline for issuance of a microwave 
oven standard and the recent adoption of IEC Standard 62301 (Second 
Edition), DOE decided to base the test procedure amendments in the 
March 2011 Interim Final Rule (other than the mode definitions) on the 
provisions of IEC Standard 62301 (First Edition). Id.
    In response to the March 2011 Interim Final Rule, AHAM commented 
that DOE should incorporate by reference IEC Standard 62301 (Second 
Edition) as published. AHAM also commented that all of the provisions 
incorporated by reference should be from IEC Standard 62301 (Second 
Edition) and not reference sections from both IEC Standard 62301 (First 
Edition) and IEC Standard 62301 (Second Edition), including any draft 
versions. AHAM noted that the Second Edition has been vetted through an 
extensive consensus method of standards development that includes 
dozens of countries. AHAM also noted that IEC Standard 62301 (Second 
Edition) contains a number of important clarifications not present in 
the First Edition. AHAM commented that incorporation by reference of 
the Second Edition will allow for optimum international harmonization, 
which gives clarity and consistency to the regulated community, and 
also significantly decreases the testing burden on manufacturers. AHAM 
stated that if DOE maintains its incorporation by reference of IEC 
Standard 62301 (First Edition), regulated parties would have to test 
products under one test procedure in the United States and a different 
procedure in other countries, adding significant testing burden. (AHAM, 
No. 31 at pp. 3-4; AHAM, DOE-HQ-2011-0014, No. 10 at pp. 3-

[[Page 72339]]

4 \6\) Whirlpool supported the comments made by AHAM. (Whirlpool, No. 
30 at p. 1)
---------------------------------------------------------------------------

    \6\ A notation in the form ``AHAM, DOE-HQ-2011-0014, No. 10 at 
pp. 3-4'' identifies a written comment: (1) Made by AHAM; (2) 
recorded in document number 10 that is filed in the docket of the 
Request for Information on reducing regulatory burden (Docket No. 
DOE-HQ-2011-0014) and available for review at http://www.regulations.gov; and (3) which appears on pages 3 through 4 of 
document number 10.
---------------------------------------------------------------------------

    As discussed in section I, DOE published the March 2011 Interim 
Final Rule to provide an opportunity for it to fully consider whether 
any changes should be made in light of publication of IEC Standard 
62301 (Second Edition). DOE agrees with the commenters that IEC 
Standard 62301 (Second Edition) is an internationally-accepted test 
procedure for measuring standby power in residential appliances, and 
that it provides clarification to certain sections as compared to the 
First Edition, as discussed in the following paragraphs.
    Section 4, paragraph 4.4 of the Second Edition revises the power 
measurement accuracy provisions of the First Edition. A more 
comprehensive specification of required accuracy is provided in the 
Second Edition, which depends upon the characteristics of the power 
being measured. Testers using the Second Edition are required to 
measure the crest factor and power factor of the input power, and to 
calculate a maximum current ratio (MCR) (paragraph 4.4.1 of the Second 
Edition). The Second Edition then specifies calculations to determine 
permitted uncertainty in MCR. DOE notes, however, that the allowable 
uncertainty is the same or less stringent than the allowable 
uncertainty specified in the First Edition, depending on the value of 
MCR and the power level being measured (see Table III.1 for examples). 
This change in the allowable uncertainty, however, maintains sufficient 
accuracy of measurements under a full range of possible measured power 
levels without placing undue demands on the instrumentation. These 
power measurement accuracy requirements were based upon detailed 
technical submissions to the IEC in the development of IEC Standard 
62301 (FDIS), which showed that commonly-used power measurement 
instruments were unable to meet the original requirements for certain 
types of loads. Therefore, DOE believes that the incremental testing 
burden associated with the additional measurements and calculations is 
offset by the more reasonable requirements for testing equipment, while 
maintaining measurement accuracy deemed acceptable and practical by 
voting members for IEC Standard 62301 (Second Edition). For these 
reasons, DOE proposes in today's supplemental notice to incorporate by 
reference in 10 CFR part 430, subpart B, appendix I, section 2.9.1.3 
the power equipment specifications in section 4, paragraph 4.4 of IEC 
Standard 62301 (Second Edition).

                       Table III. 1--Comparison of Allowable uncertainty in Measured Power
----------------------------------------------------------------------------------------------------------------
                                                                       Allowable uncertainty (W)
                                                     -----------------------------------------------------------
                 Measured power (W)                                             IEC 62301  (second edition)
                                                       IEC 62301  (first ---------------------------------------
                                                           edition)             MCR = 5            MCR = 15
----------------------------------------------------------------------------------------------------------------
5.0.................................................                0.1                 0.1                0.14
2.0.................................................                0.04                0.04               0.056
1.0.................................................                0.02                0.02               0.028
0.5.................................................                0.01                0.02               0.02
0.2.................................................                0.01                0.02               0.02
----------------------------------------------------------------------------------------------------------------

    DOE notes that section 5, paragraph 5.2 of IEC Standard 62301 
(Second Edition) maintains the installation and setup procedures 
incorporated by reference in the microwave oven test procedure in the 
March 2011 Interim Final Rule from the First Edition. These provisions 
require that the appliance be prepared and set up in accordance with 
manufacturer's instructions, and that if no instructions are given, 
then the factory or ``default'' settings shall be used, or where there 
are no indications for such settings, the appliance is tested as 
supplied. Additionally, IEC Standard 62301 (Second Edition) adds 
certain clarifications to the installation and setup procedures in 
section 5, paragraph 5.2 of the First Edition regarding products 
equipped with a battery recharging circuit for an internal battery, as 
well as instructions for testing each relevant configuration option 
identified in the product's instructions for use. DOE is not aware of 
any microwave oven with an internal battery, or with a recharging 
circuit for such a battery. DOE also believes that a requirement to 
separately test each configuration option could substantially increase 
test burden and potentially conflicts with the requirement within the 
same section to set up the product in accordance with the instructions 
for use or, if no such instructions are available, to use the factory 
or ``default'' settings. Therefore, DOE tentatively concludes that the 
portions of the installation instructions in section 5, paragraph 5.2 
of IEC Standard 62301 (Second Edition) pertaining to batteries and the 
requirement for the determination, classification, and testing of all 
modes associated with every combination of available product 
configuration options (which may be more numerous than the modes 
associated with operation at the default settings) are not appropriate 
for the microwave oven test procedures. Accordingly, DOE is proposing 
qualifying language in the test procedure amendments at 10 CFR part 
430, subpart B, appendix I, section 2.1.3 to disregard those portions 
of the installation instructions.
    The Second Edition also contains provisions for the power supply 
(section 4.3) and power-measuring instruments (section 4.4). Paragraph 
4.3.2 requires that the value of the harmonic content of the voltage 
supply be recorded during the test and reported. As described 
previously, paragraph 4.4.1 requires the instrument to measure the 
crest factor and maximum current ratio. Paragraph 4.4.3 requires the 
instrument to be capable of measuring the average power or integrated 
total energy consumption over any operator-selected time interval. DOE 
is aware of commercially available power measurement instruments that 
can perform each of these required measurements individually. However, 
DOE is also aware that certain industry-standard instruments, such as 
the Yokogawa WT210/WT230 digital power meter and possibly others, are 
unable to measure harmonic content or crest

[[Page 72340]]

factor while measuring average power or total integrated energy 
consumption. DOE is concerned that laboratories currently using power-
measuring instruments without this capability would be required to 
purchase, at potentially significant expense, additional power-
measuring instruments that are able to perform all these measurements 
simultaneously. Therefore, DOE proposes in 10 CFR part 430, subpart B, 
appendix I, sections 2.2.1.2 and 2.9.1.3 that if the power-measuring 
instrument is unable to perform these measurements during the actual 
test measurement, it would be acceptable to measure the total harmonic 
content, crest factor, and maximum current ratio immediately before and 
immediately after the actual test measurement to determine whether the 
requirements for the power supply and power measurement have been met. 
DOE requests comment on whether this represents an acceptable 
interpretation of the power measurement requirements of the Second 
Edition.
    The other major changes in the Second Edition related to the 
measurement of standby mode and off mode power consumption in covered 
products involve measurement techniques and specification of the 
stability criteria required to measure that power. The Second Edition 
contains more detailed techniques to evaluate the stability of the 
power consumption and to measure the power consumption for loads with 
different stability characteristics. According to the Second Edition, 
the user is given a choice of measurement procedures, including 
sampling methods, average reading methods, and a direct meter reading 
method. DOE evaluated these new methods in terms of test burden and 
improvement in results as compared to those methods adopted in the 
March 2011 Interim Final Rule, which were based on IEC Standard 62301 
(First Edition).
    In the March 2011 Interim Final Rule, DOE adopted provisions 
requiring that microwave oven standby mode and off mode power be 
measured using section 5, paragraph 5.3 of IEC Standard 62301 (First 
Edition). DOE also adopted additional specific methodology for 
microwave ovens in which power varies as a function of the time 
displayed. In particular, based on DOE's testing, DOE adopted a 
requirement for these microwave ovens to set the display time to 3:23 
and allowing a 10-minute stabilization period prior to a 10-minute 
measurement period for the display time of 3:33 to 3:42, based on the 
average power approach of section 5, paragraph 5.3.2(a) of IEC Standard 
62301 (First Edition). DOE stated that this method provides a valid 
measure of standby energy use for those microwave ovens with power 
consumption varying according to the time displayed on the clock. 76 FR 
12825, 12838-40 (Mar. 9, 2011).
    For today's supplemental notice, to determine the potential impacts 
of referencing methodology from IEC Standard 62301 (Second Edition) 
rather than from the First Edition, DOE compared the provisions allowed 
by each under different scenarios of power consumption stability, as 
discussed in the following sections.
1. Stable Power Consumption
    According to section 5, paragraph 5.3.1 of IEC Standard 62301 
(First Edition), after an initial stabilization period of 5 minutes, 
power consumption is defined as stable if it varies by less than 5 
percent over a subsequent measurement period of 5 minutes. In such a 
case, a direct reading may be made at the end of the measurement 
period. Based on this methodology, which was adopted in the March 2011 
Interim Final Rule for microwave ovens other than units in which power 
varies as a function of displayed time, the total test time would be at 
minimum 10 minutes (comprised of a minimum 5-minute stabilization 
period, followed by a minimum 5-minute period during which the 
stability criterion could be evaluated and a direct power reading 
taken.) Alternatively, the tester may select an average power or 
accumulated energy approach, again with a minimum 5-minute measurement 
period. The average power approach would simply require a different 
reading to be taken from the instrument (true average power instead of 
a direct reading of instantaneous power), while the accumulated energy 
approach would require the calculation of power by dividing the 
accumulated energy by the duration of the measurement period.
    In comparison, section 5, paragraph 5.3.4 of IEC Standard 62301 
(Second Edition) specifies a direct meter reading method that can be 
used for stable power consumption, in which a minimum 30-minute 
stabilization period must be observed, followed by a first power 
measurement. After an additional period of 10 minutes, a second power 
measurement is taken. If the average of the two measurements divided by 
the time interval between them meets certain threshold criteria, then 
the power consumption is considered to be the average of the two power 
measurements. Thus, the total test period would still be at minimum 40 
minutes. DOE agrees that this method likely improves the validity of 
the test results, as it is a more stringent measure of the stability of 
the power consumption over a longer period of time than the First 
Edition requires. However, if the threshold criteria are not met at the 
end of the test, a different measurement method must be used, 
increasing test time and complexity. Further, the Second Edition 
specifies that the direct reading method shall not be used for 
verification purposes. Both of these qualifications potentially 
increase test burden as compared to the First Edition, possibly 
requiring the tester to conduct the more complex methodology of the 
methods available under the Second Edition.
    DOE notes that section 5, paragraph 5.3.2 of IEC Standard 62301 
(Second Edition) identifies a sampling method as the preferred means 
for all power consumption measurements and the fastest test method when 
the power is stable. For any non-cyclic power consumption, power 
readings are initially recorded over a period of at least 15 minutes 
after energizing the product. Data from the first third of the 
measurement period are discarded, and stability is evaluated by a 
linear regression through all power readings in the second two-thirds 
of the data. If the slope of the linear regression is less than 10 
milliwatts per hour (mW/h) for input power less than or equal to 1.0 W, 
or less than 1 percent of the input power per hour for input power 
greater than 1.0 W, the power consumption is calculated as the average 
of the power readings during the second two-thirds of the measurement 
period. If the slope of the linear regression does not meet these 
stability criteria, the total period is continuously extended until the 
stability criteria are met for the second two-thirds of the data. In 
some cases, this is a more stringent requirement than the stability 
criteria of IEC Standard 62301 (First Edition). The lack of a 
definitive test period means that the test duration could extend past 
15 minutes for certain products--up to 3 hours is allowed in the Second 
Edition--and could introduce added test burden as compared to the First 
Edition.
2. Unstable, Non-Cyclic Power Consumption
    Section 5, paragraph 5.3 from IEC Standard 62301 (First Edition), 
which DOE incorporated by reference in the microwave oven test 
procedure in the March 2011 Interim Final Rule with clarification, 
specifies that either an average power method or accumulated energy 
approach could be used for

[[Page 72341]]

measuring non-cyclic unstable power consumption. As described 
previously, this methodology, as adopted in the March 2011 Interim 
Final Rule, would limit total test duration to 10 minutes.
    In contrast, the Second Edition requires the use of either a 
sampling method or average reading method for measuring power 
consumption in standby mode or off mode. The sampling method is the 
same as described previously, but the measurement period must be at 
least 60 minutes, and the cumulative average of all data points 
recorded during the second two-thirds of the total period must fall 
within a band of 0.2 percent.
    The average reading method in section 5, paragraph 5.3.3 IEC 
Standard 62301 (Second Edition) comprises both an average power method 
and accumulated energy method, either of which may be selected for 
unstable, non-cyclic power. For both methods, a 30-minute stabilization 
period is specified, followed by two comparison measurement periods of 
not less than 10 minutes each. The average power values, either 
measured directly or calculated from accumulated energy during each 
period, are compared to determine whether they agree to within certain 
threshold criteria. If the threshold is not achieved, the comparison 
periods are each extended in approximately equal increments until the 
threshold is met. If agreement is not achieved after reaching 30 
minutes for each comparison period, the sampling method must then be 
used. Therefore, the minimum test period is 50 minutes, but may extend 
up to 90 minutes, at which time an additional test may be required.
    DOE believes that the stability criteria in either method improves 
the accuracy and representativeness of the measurement as compared to 
the First Edition, but would cause the required test time to increase 
(potentially quite significantly), with a corresponding increase in 
manufacturer burden due to the additional time and complexity of the 
test conduct.
3. Cyclic Power Consumption
    The average power approach of section 5, paragraph 5.3.2(a) in IEC 
Standard 62301 (First Edition) requires a measurement period of not 
less than 5 minutes and that at least one or more complete cycles be 
measured. For microwave ovens in which standby mode power consumption 
varies as a function of displayed time, DOE adopted in the March 2011 
Interim Final Rule a requirement to set the display time to 3:23 and 
allowing a 10-minute stabilization period prior to a 10-minute 
measurement period from the display time of 3:33 to 3:42, as described 
previously, based on the average power approach of section 5, paragraph 
5.3.2(a) of IEC Standard 62301 (First Edition). This test method 
requires a minimum of 20 minutes to conduct.
    Under section 5, paragraph 5.3.2 of the Second Edition, testers 
would be required to use the sampling method for microwave ovens that 
consume varying power as a function of the displayed time due to the 
cyclic nature of this power consumption. This method specifies a 
measurement period of at least four complete cycles (for a total of at 
least 40 minutes) divided into two comparison periods, with stability 
criteria evaluated by calculating the difference in average power 
measured in each comparison period divided by the time difference of 
the mid-point of each comparison period. Similar to the sampling method 
for stable power consumption measurements described previously, this 
``slope'' must be less than 10 mW/h for input powers less than or equal 
to 1 W, and less than 1 percent of the input power per hour for input 
powers greater than 1 W. If the appropriate stability criterion is not 
met, additional cycles are added to each comparison period until the 
criterion is achieved. Once stability has been reached, the power 
consumption is calculated as the average of all readings from both 
comparison periods. Because all of the clock displays which DOE 
observed to be incorporated in microwave ovens are based on a 12-hour 
cycle, such a product which consumes varying power as a function of the 
displayed time would be required under the Second Edition to be tested 
for a minimum of 4 cycles, or 48 hours, in addition to an initial 
stabilization period of not less than 10 minutes. DOE notes that this 
test duration would impose a greatly increased test burden on 
manufacturers, particularly in comparison to the adopted 10-minute 
methodology.
4. Product Testing
    In order to further evaluate the test methodology of IEC Standard 
62301 (Second Edition), DOE conducted testing on a representative 
sample of 26 microwave ovens. DOE conducted tests according to the 
sampling method in section 5, paragraph 5.3.2 of IEC Standard 62301 
(Second Edition), in some cases repeating the tests to evaluate 
reproducibility. The results from testing, presented in Table III.2, 
show that, for the test units that had stable, non-cyclic power 
consumption, the test duration ranged from 15 minutes to 25 minutes, 
with an average of approximately 17 minutes. The majority of test units 
required the minimum test duration of 15 minutes. For units that showed 
a stable, cycle power consumption, DOE used the methodology adopted in 
the March 2011 Interim Final Rule, setting the clock display to 3:23 
and allowing a 10-minute stabilization period prior to a 10-minute 
measurement period for the display time of 3:33 to 3:42.

     Table III. 2--DOE Standby Mode Test Duration Using IEC Standard 62301 (Second Edition) Sampling Method
----------------------------------------------------------------------------------------------------------------
                                                                      Power
                                                                   measurement
          Test unit              Product type     Display type    method (Using       Test 1          Test 2
                                                                     sampling     duration (min)  duration (min)
                                                                     method)
----------------------------------------------------------------------------------------------------------------
1............................  Countertop        LED             Stable, Cyclic.              20  ..............
                                Microwave-Only.
2............................  Countertop        LED             Stable, Cyclic.              20  ..............
                                Microwave-Only.
3............................  Countertop        VFD             Stable, Non-                 15              15
                                Microwave-Only.                   Cyclic.
4............................  Countertop        LED             Stable, Cyclic.              20              20
                                Microwave-Only.
5............................  Countertop        LCD             Stable, Non-                 15  ..............
                                Microwave-Only.                   Cyclic.
6............................  Countertop        LCD             Stable, Non-                 15  ..............
                                Microwave-Only.                   Cyclic.
7............................  Countertop        LCD             Stable, Non-                 15              15
                                Microwave-Only.                   Cyclic.
8............................  Countertop        LCD             Stable, Non-                 15  ..............
                                Microwave-Only.                   Cyclic.
9............................  Countertop        VFD             Stable, Non-                 25              16
                                Microwave-Only.                   Cyclic.
10...........................  Countertop        VFD             Stable, Non-                 15  ..............
                                Microwave-Only.                   Cyclic.
11...........................  Countertop        VFD             Stable, Non-              18.75              15
                                Combination.                      Cyclic.
12...........................  Countertop        VFD             Stable, Non-                 15              15
                                Combination.                      Cyclic.

[[Page 72342]]

 
13...........................  Countertop        VFD             Stable, Non-                 15  ..............
                                Combination.                      Cyclic.
14...........................  Countertop        VFD             Stable, Non-                 15  ..............
                                Combination.                      Cyclic.
15...........................  Countertop        LCD             Stable, Non-              23.75            22.5
                                Combination.                      Cyclic.
16...........................  Countertop        VFD             Stable, Non-                 15              15
                                Combination.                      Cyclic.
17...........................  Countertop        LED             Stable, Cyclic.              20              20
                                Combination.
18...........................  Countertop        VFD             Stable, Non-                 15  ..............
                                Combination.                      Cyclic.
19...........................  Over-the-Range    VFD             Stable, Non-                 15              15
                                Microwave Only.                   Cyclic.
20...........................  Over-the-Range    VFD             Stable, Non-             23.125  ..............
                                Microwave Only.                   Cyclic.
21...........................  Over-the-Range    VFD             Stable, Non-                 15  ..............
                                Microwave Only.                   Cyclic.
22...........................  Over-the-Range    VFD             Stable, Non-                 15  ..............
                                Microwave Only.                   Cyclic.
23...........................  Over-the-Range    LCD             Stable, Non-                 15              15
                                Microwave Only.                   Cyclic.
24...........................  Over-the-Range    LED             Stable, Cyclic.              20  ..............
                                Microwave Only.
25...........................  Over-the-Range    VFD             Stable, Non-                 15  ..............
                                Microwave Only.                   Cyclic.
26...........................  Over-the-Range    VFD             Stable, Non-                 15              15
                                Combination.                      Cyclic.
----------------------------------------------------------------------------------------------------------------
                              Average Test Du17.0on
----------------------------------------------------------------------------------------------------------------

5. Conclusions on Test Methodology
    DOE, in evaluating IEC Standard 62301 (Second Edition) in 
comparison to the First Edition, confers substantial weight to the 
considerable body of comments on and input to the provisions and 
methodology that IEC developed as part of its latest revision process. 
DOE recognizes that, in some cases, test burden and complexity would be 
increased by requiring the use of the test methods specified in the 
Second Edition. However, DOE believes that in most cases, this added 
burden on manufacturers has been sufficiently considered by the IEC 
voting members as being outweighed by the improved accuracy and 
representativeness of the resulting power consumption measurement. 
Furthermore, manufacturers were aware of these differences, but 
nevertheless overwhelmingly supported DOE's use of the Second Edition. 
In addition, according to AHAM, harmonizing with international test 
standards will reduce testing burden on microwave oven manufacturers 
that sell products internationally by not requiring multiple standby 
tests to be conducted according to different testing methods in 
different countries. DOE tentatively concludes that the application of 
the provisions of the Second Edition to power measurements in off mode 
and most standby modes would be appropriate, and is proposing 
incorporation by reference of the relevant paragraphs of section 5.3 of 
IEC Standard 62301 (Second Edition) in the test procedures for these 
products in 10 CFR part 430, subpart B, appendix I, sections 3.1.3.1 
and 3.2.3.
    Further, DOE observes that although the Second Edition allows the 
choice of multiple test methods for both stable and unstable non-cyclic 
power consumption, the sampling method provides for a test duration 
that is approximately the same or similar to the allowable alternative 
methods and does not require classification of the nature of the power 
consumption (e.g., stable or unstable, non-cyclic) in advance of the 
test. By monitoring the variation in power consumption during the test, 
the test operator could determine whether it is stable or unstable, and 
thereby establish the required duration of the sampling periods. For 
cyclic power consumption, the Second Edition also requires the use of 
the sampling method. Thus, DOE proposes to require in 10 CFR part 430, 
subpart B, appendix I, sections 3.1.3.1 and 3.2.3 the use of the 
sampling method in section 5.3.2 of the Second Edition for standby mode 
and off mode power measurements, except as follows. In the narrow case 
of microwave ovens with power consumption that varies as a function of 
the time displayed, DOE tentatively concludes that the application of 
the test methodology from the Second Edition would cause manufacturers 
to incur significant burden that would not be warranted by any 
potential improved accuracy of the test measurement. For this reason, 
DOE is not proposing in this supplemental notice to amend the substance 
of the 10-minute test method that is currently provided for these 
products in the microwave oven test procedure.
    This supplemental notice is also proposing to amend the reference 
in 10 CFR 430.3 to add a reference to IEC Standard 62301 (Second 
Edition). DOE is not proposing to delete the reference to the First 
Edition in 10 CFR 430.3 because the proposed amendments in today's 
supplemental notice would continue to incorporate certain provisions 
from it as well as from the Second Edition.
    DOE also notes that there are a number of editorial changes 
necessary in appendix I to allow for the correct referencing to the 
Second Edition. For example, the definition sections need to define the 
IEC Standard 62301 as the Second Edition instead of the First Edition. 
Also, there are some section numbering differences in the Second 
Edition which impact the text of the measurement provisions of the 
relevant test procedures.

D. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''

    In the March 2011 Interim Final Rule, DOE adopted a definition of 
``standby mode'' based on the definitions provided in IEC Standard 
62301 (FDIS), as follows:
     ``Standby mode'' is the condition in which an energy-using 
product is connected to a mains power source and offers one or more of 
the following user-oriented or protective functions which may persist 
for an indefinite time:
     A remote switch (including remote control), internal 
sensor, or timer to facilitate the activation of other modes (including 
activation or deactivation of active mode);
     And continuous functions, including information or status 
displays (including clocks) or sensor-based functions. 76 FR 12825, 
12834 (Mar. 9, 2011).
    DOE also adopted in its amendments to the test procedure the 
clarification, provided as a note accompanying the definition of 
standby mode in IEC Standard 62301 (FDIS), that a timer is a

[[Page 72343]]

continuous clock function (which may or may not be associated with a 
display) that provides regularly scheduled tasks (e.g. switching) and 
that operates on a continuous basis. Id.
    DOE also adopted definitions of ``off mode'' and ``active mode'' 
based on the definitions provided in IEC Standard 62301 (FDIS), as 
follows:
     ``Off mode'' is the condition in which an energy-using 
product is connected to a mains power source and is not providing any 
standby mode or active mode function and where the mode may persist for 
an indefinite time. An indicator that only shows the user that the 
product is in the off position is included within the classification of 
off mode. Id.
     ``Active mode(s)'' is the condition in which an energy-
using product is connected to a mains power source and at least one 
primary function is activated. Id.
    AHAM commented that it supported DOE's proposal to adopt 
definitions of standby mode, off mode, and active mode based on the 
definitions provided in IEC Standard 62301 (FDIS), except that because 
the definitions in the FDIS version are identical to those in the 
published version of IEC Standard 62301 (Second Edition), DOE should 
cite the Second Edition rather than the FDIS version. (AHAM, No. 31 at 
p. 4) DOE notes that it did not incorporate by reference the 
definitions of standby mode, off mode, and active mode from IEC 
Standard 62301 (FDIS) in the March 2011 Interim Final Rule, but instead 
adopted definitions based on those definitions. 76 FR 12825, 12836 
(Mar. 9, 2011). DOE agrees that the definitions in IEC Standard 62301 
(FDIS) are identical to the definitions in IEC Standard 62301 (Second 
Edition). As a result, DOE does not believe it is necessary to propose 
amendments to the definitions of standby mode, off mode, and active 
mode in 10 CFR part 430, subpart B, appendix I, section 1, that were 
adopted in the March 2011 Interim Final Rule based on these comments 
because these definitions have the same functional equivalence to those 
in both IEC Standard 62301 (FDIS) and IEC Standard 62301 (Second 
Edition). However, DOE proposes in today's SNOPR to make non-
substantive editorial changes to clarify for the reader the description 
of the user-oriented or protective functions associated with standby 
mode operation in the definition of standby mode in 10 CFR part 430, 
subpart B, appendix I, section 1.13.
    DOE noted in the March 2011 Interim Final Rule that the definition 
of standby mode states that it includes user-oriented or protective 
functions to facilitate the activation of other modes (including 
activation or deactivation of active mode) by remote switch (including 
remote control), internal sensor, or timer. DOE stated that if the 
product is consuming energy to power an infrared sensor used to receive 
signals from a remote control (while not operating in the active mode), 
such a function would be considered part of standby mode, regardless of 
whether the remote is classified as ``one-way'' or ``two-way,'' because 
of the function to facilitate the deactivation of another mode by 
remote switch (including remote control), internal sensor, or timer. 
However, if a ``one-way'' remote control powers the product down, 
including turning off any infrared sensors to receive signals from a 
remote control, then the product would be operating in the off mode 
when it is powered down, given that no other standby mode functions 
within the product are energized. 76 FR 12825, 12836 (Mar. 9, 2011).
    AHAM commented that it does not support including one-way remote 
controls as a feature under the definition of standby mode. AHAM stated 
that although EPCA defines standby mode to include activation by remote 
control, one-way remotes do not meet the intent of the statute. AHAM 
stated that a standard remote, when it powers a product ``off'' 
actually powers the product down, not off, such that it can be turned 
on again via remote control, and this appropriately falls under standby 
power. Conversely, AHAM stated that a one-way remote turns the product 
completely off, including turning off any infrared sensors to receive 
signals from a remote control, such that it cannot be turned on again 
through use of the remote. Thus, a one-way remote, unlike a standard 
remote, does not put the product into a standby mode, but instead puts 
the product into an off mode when it is powered down, as long as no 
other standby mode functions within the product are energized. AHAM 
stated that currently there are few, if any, one-way remotes in the 
United States, and that including one-way remotes in the off mode 
instead of in the standby mode will encourage manufacturers to design 
products with one-way remotes, which could result in decreased energy 
use. AHAM commented that DOE should include such a clarification in the 
definition of standby mode. (AHAM, No. 31 at p. 4)
    DOE notes that if a one-way remote control powers the product down, 
including turning off any infrared sensors to receive signals from a 
remote control, then such a remote control sensor would not be 
facilitating the activation of other modes (including activation or 
deactivation of active mode), as defined under standby mode. DOE 
believes that the definition of standby mode clearly excludes the 
condition in which a one-way remote control has powered down the 
product, including turning off any infrared sensors to receive signals 
from a remote control, as long as the microwave oven does not have any 
other standby mode product functions energized. Under those conditions, 
the microwave oven would not be consuming any energy related to standby 
mode, and would be considered to be in off mode. As a result, DOE is 
not proposing amendments to the definition of standby mode in 10 CFR 
part 430, subpart B, appendix I, section 1 to provide such a 
clarification in today's SNOPR.

E. Specifications for the Test Methods and Measurements for Microwave 
Oven Standby Mode and Off Mode Testing

    As discussed above in section III.C, for microwave ovens in which 
standby mode power consumption varies as a function of displayed time, 
DOE adopted in the March 2011 Interim Final Rule a requirement to set 
the display time to 3:23 and allowing a 10-minute stabilization period 
prior to a 10-minute measurement period from the display time of 3:33 
to 3:42 based on the average power approach of section 5, paragraph 
5.3.2(a) of IEC Standard 62301 (First Edition). 76 FR 12825, 12838-40 
(Mar. 9, 2011). The 10-minute stabilization period was determined based 
on DOE's testing, which showed that all microwave ovens in its test 
sample dropped to the lower power state in less than 10 minutes, DOE 
stated that a requirement to set the display time to 3:23 and allowing 
a 10-minute stabilization period prior to a 10-minute measurement 
period would best balance the need for reproducibility of the test 
procedure with the burden placed on manufacturers. Id. at 12839.
    AHAM noted that it commented in response to the July 2010 TP SNOPR 
that the test procedure should require that the clock be set to 3:33 
minus the number of minutes needed to return to the lowest power 
consumption mode, and that DOE responded in the March 2011 Interim 
Final Rule by stating that AHAM's proposal was not sufficiently 
accurate or repeatable. AHAM commented that it disagrees with DOE's 
response. AHAM stated its proposed method provides for a more accurate 
measurement because the length of time to return to the lowest power 
consumption mode after setting the

[[Page 72344]]

clock will vary for each microwave oven due to differences in product 
design. AHAM stated that it is possible that some products would not 
reach stabilization in that 10-minute period, and thus the 10-minute 
method would no longer be an accurate measurement for such products. 
AHAM added that each manufacturer will be able to determine the amount 
of time to subtract with minimal additional test burden (as, according 
to AHAM, all models within a basic model will take the same amount of 
time to return to the lowest power consumption mode), and, therefore, 
no stabilization time needs to be specified. (AHAM, No. 31 at p. 5)
    AHAM proposed that, as a way of preventing anti-circumvention, DOE 
should require manufacturers to certify the number of minutes that the 
unit waits before returning to the lowest power consumption mode. AHAM 
added that if DOE does require this information, it should be treated 
as confidential business information. (AHAM, No. 31 at p. 5) Whirlpool 
supported the comments made by AHAM. (Whirlpool, No. 30 at p. 1)
    DOE recognizes the merits of the method suggested by AHAM by 
allowing flexibility for a manufacturer to shorten or lengthen the test 
cycle depending on the design of their microwave oven. However, as 
noted in the March 2011 Interim Final Rule, DOE's testing showed that 
all microwave ovens in its test sample dropped to the lower-power state 
in less than 10 minutes. 76 FR 12825, 12839 (Mar. 9, 2011). DOE is 
unaware of any technical basis for a stabilization period longer than 
10 minutes, and DOE believes that including a defined stabilization 
period will encourage manufacturers to minimize the duration of the 
stabilization period in their products. DOE also believes that it is 
important for the test procedure to be repeatable and reproducible, and 
to minimize burden. DOE notes that independent testing laboratories may 
not sufficiently understand the control logic to determine the 
appropriate number of minutes needed to return to the lowest power 
consumption mode. DOE also notes that a display may dim after a certain 
period of time, but a manufacturer may design a microwave oven with 
other features or functions that transition to a lower power 
consumption mode after a different amount of time that is not easily 
discernible. As a result, different testing laboratories may use 
different testing times using such a method. DOE believes that defining 
a specific stabilization period will increase the reproducibility of 
testing among laboratories. For these reasons, DOE is not proposing 
amendments in 10 CFR part 430, subpart B, appendix I, section 3.1.3.1 
to set the time to 3:33 minus the number of minutes needed to return to 
the lowest power consumption mode for microwave ovens in which standby 
mode power consumption varies as a function of displayed time.

F. Compliance With Other EPCA Requirements

1. Test Burden
    EPCA requires that test procedures shall be reasonably designed to 
produce test results which measure energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use. Test procedures must 
also not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In the March 2011 Interim Final Rule, DOE stated that the 
amendments it adopted in the microwave oven test procedure incorporate 
a test standard that is accepted internationally for measuring power 
consumption in standby mode and off mode (IEC Standard 62301). Based on 
DOE testing and analysis of IEC Standard 62301 (First Edition), DOE 
determined that the amendments to the microwave oven test procedure 
produce standby mode and off mode average power consumption 
measurements that represent an average use cycle both for cases in 
which the measured power is stable, as well as for when the measured 
power is unstable (i.e., varies over a cycle). DOE also stated that 
because the test methods and equipment that the amendments would 
require for measuring standby power in microwave ovens do not differ 
substantially from the test methods and equipment required under the 
previous test procedure, manufacturers would not be required to make a 
major investment in test facilities and new equipment and would not be 
unduly burdensome to conduct. DOE also noted that the number of units 
to be tested, according to the sampling requirements in 10 CFR 
430.24(i), is reasonable and, in part due to a shorter test duration 
than previously proposed in the October 2008 TP NOPR, would not 
substantially add to manufacturer test burden and would allow 
manufacturers that conduct quality assurance testing on the production 
line to continue to do so. For these reasons, DOE concluded in the 
March 2011 Interim Final Rule that the amended test procedure would 
produce test results that measure the power consumption of a covered 
product during a representative average use cycle as well as annual 
energy consumption, and that the test procedure would not be unduly 
burdensome to conduct. 76 FR 12825, 12840 (Mar. 9, 2011).
    Today's supplemental proposed amendments to the DOE test procedures 
are based on an updated version of IEC Standard 62301, IEC Standard 
62301 (Second Edition), which has been the subject of significant 
review and input from interested parties and, thus, continues to be an 
internationally accepted test standard for measuring standby mode and 
off mode power consumption. As discussed in section III.C of this 
notice, DOE believes that the provisions of IEC Standard 62301 (Second 
Edition) that it proposes to incorporate by reference through today's 
SNOPR provide a means to measure power consumption with greater 
accuracy and repeatability than the provisions from IEC Standard 62301 
(First Edition) that were adopted in the March 2011 Interim Final Rule. 
DOE tentatively concludes that today's proposed amendments would also 
provide measurements representative of average consumer use of the 
product under test, even if the test conditions and procedures may not 
be identical to average consumer use (for example, specified display 
times). In particular, DOE determined that the abbreviated 10-minute 
test period for those microwave ovens with power consumption varying 
according to the time displayed on the clock, as discussed in section 
III.C, has been carefully designed and circumscribed in order to attain 
an overall calculated measurement of the energy consumption during a 
representative 12-hour use cycle. 76 FR 12825, 12838-40 (Mar. 9, 2011). 
DOE further believes that the new provisions in the applicable sections 
of IEC Standard 62301 (Second Edition) improve test results without 
undue testing burden. DOE acknowledges that certain methods from IEC 
Standard 62301 (Second Edition) may increase test duration somewhat, 
but where such an increase was deemed excessive (i.e., for products 
with clocks that can vary in power consumption as a function of time 
displayed), DOE retained the method previously adopted in order to 
mitigate test burden. DOE also believes that the potential for 
increased test burden in other power consumption measurements is offset 
by more reasonable requirements for testing equipment, while 
maintaining measurement accuracy deemed acceptable and practical by 
voting members for IEC Standard 62301 (Second Edition). DOE also notes 
that,

[[Page 72345]]

according to AHAM, harmonizing with international test standards will 
reduce testing burden on microwave oven manufacturers that sell 
products internationally by not requiring multiple standby tests to be 
conducted according to different testing methods in different 
countries. Thus, DOE tentatively concludes that the amended test 
procedures newly proposed in today's SNOPR would produce test results 
that measure the standby mode and off mode power consumption during 
representative use, and that the test procedures would not be unduly 
burdensome to conduct.
2. Certification Requirements
    Sections 6299-6305 of EPCA authorize DOE to enforce compliance with 
the energy and water conservation standards established for certain 
consumer products. (42 U.S.C. 6299-6305 (consumer products) On March 7, 
2011, the Department revised, consolidated, and streamlined its 
existing certification, compliance, and enforcement regulations for 
certain consumer products and commercial and industrial equipment 
covered under EPCA, including microwave ovens. 76 FR 12422. These 
regulations are codified in 10 CFR 429.23 (conventional cooking tops, 
conventional ovens, microwave ovens).
    The certification requirements for microwave ovens consist of a 
sampling plan for selection of units for testing and requirements for 
certification reports. Because there are no existing energy 
conservation standards for microwave ovens, DOE is not proposing any 
amendments to the certification reporting requirements for these 
products. However, because DOE proposes in today's SNOPR to introduce 
new metrics (standby mode power consumption (PSB) and off 
mode power consumption (POFF)) for microwave ovens, DOE 
additionally proposes amended provisions in the sampling plan in 10 CFR 
429.23(a)(2)(i) that would include PSB and POFF.

IV. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the March 2011 Interim 
Final Rule remain unchanged for this SNOPR. These determinations are 
set forth in the March 2011 Interim Final Rule. 76 FR 12825, 12840-42 
(Mar. 9, 2011).

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov web 
page will require you to provide your name and contact information. 
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.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section 
below.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and are free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when

[[Page 72346]]

such information might lose its confidential character due to the 
passage of time; and (7) why disclosure of the information would be 
contrary to the public interest.
    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).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. Incorporation of IEC Standard 62301 (Second Edition). DOE 
invites comment on the adequacy of IEC Standard 62301 (Second Edition) 
to measure standby mode and off mode power consumption for microwave 
ovens, and the suitability of incorporating into DOE regulations the 
following specific provisions from IEC Standard 62301 (Second Edition): 
Section 4 (``General conditions for measurements''), paragraph 4.2, 
``Test room,'' paragraph 4.3.2, ``Supply voltage waveform,'' and 
paragraph 4.4, ``Power measuring instruments,'' and section 5 
(``Measurements''), paragraph 5.1, ``General,'' paragraph 5.2 
``Preparation of product'', and paragraph 5.3.2, ``Sampling method.'' 
(See section III.C)
    2. Measurement of Total Harmonic Distortion. DOE invites comment on 
the acceptability of measuring the total harmonic content, crest 
factor, and maximum current ratio before and after the actual test 
measurement if the power measuring instrument is unable to perform 
these measurements during the actual test measurement. (See section 
III.C)
    3. Methods Based on IEC Standard 62301 (First Edition) for 
Microwave Ovens with Clocks. DOE welcomes comment on its determination 
that the provisions of IEC Standard 62301 (Second Edition) would cause 
manufacturers to incur significant test burden for microwave ovens with 
power consumption that varies as a function of the time displayed, and 
the continued proposal of a 10-minute test method of measuring standby 
mode power for these products in the microwave oven test procedure. 
(See section III.C)
    4. Test Burden. DOE seeks comment on its analysis of the test 
burden associated with standby mode and off mode testing as proposed in 
today's SNOPR. (See sections III.C and III.F.1)

VI. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Energy conservation, Household appliances, Reporting and 
recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental Relations, Small 
businesses.

    Issued in Washington, DC, on November 17, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend parts 
429 and 430 of title 10 of the Code of Federal Regulations, as set 
forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

    1. The authority citation for part 429 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6317.

    2. Section 429.23 is amended by revising paragraph (a)(2)(i) 
introductory text to read as follows:


Sec.  429.23  Conventional cooking tops, conventional ovens, microwave 
ovens.

    (a) * * *
    (2) * * *
    (i) Any represented value of estimated annual operating cost, 
energy consumption, standby mode power consumption, off mode power 
consumption, or other measure of energy consumption of a basic model 
for which consumers would favor lower values shall be greater than or 
equal to the higher of:
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

    4. Section 430.2 is amended by adding the definition for 
``Combination oven'' in alphabetical order to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Combination oven means a microwave oven that incorporates 
convection features and possibly other means of cooking.
* * * * *
    5. Section 430.3 is amended by adding paragraph (l)(2) to read as 
follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (l) * * *
    (2) IEC Standard 62301 (``IEC 62301''), Household electrical 
appliances--Measurement of standby power (Edition 2.0, 2011-01), IBR 
approved for Appendix I.
* * * * *
    6. Appendix I to Subpart B of Part 430 is amended:
    a. By revising the note after the heading;
    b. By revising section 1. Definitions;
    c. In section 2. Test Conditions, by revising sections 2.1.3, 
2.2.1.2, 2.5.2, 2.6, and 2.9.1.3; and
    d. In section 3. Test Methods and Measurements, by revising 
sections 3.1.1, 3.1.1.1, 3.1.2, 3.1.3, and 3.2.3.
    The revisions read as follows:

Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Conventional Ranges, Conventional Cooking 
Tops, Conventional Ovens, and Microwave Ovens

    Note: The procedures and calculations in this Appendix need not 
be performed to determine compliance with energy conservation 
standards for conventional ranges, conventional cooking tops, 
conventional ovens, and microwave ovens at this time. However, any 
representation related to standby mode and off mode energy 
consumption of these products made after [date 180 days after date 
of publication of the test procedure final rule in the Federal 
Register] must be based upon results generated under this test 
procedure, consistent with the requirements of 42 U.S.C. 6293(c)(2). 
After July 1, 2010, however, when DOE adopts an energy conservation 
standard that incorporates standby mode and off mode energy 
consumption, and upon the compliance date for such standards, 
compliance with the applicable provisions of this test procedure 
will also be required. Future revisions may add relevant provisions 
for measuring active mode in microwave ovens.


[[Page 72347]]



1. Definitions

    1.1 Active mode means a mode in which a conventional cooking 
top, conventional oven, conventional range, or microwave oven is 
connected to a mains power source, has been activated, and is 
performing the main function of producing heat by means of a gas 
flame, electric resistance heating, or microwave energy. Delay start 
mode is a one off user-initiated short duration function that is 
associated with an active mode.
    1.2 Built-in means the product is supported by surrounding 
cabinetry, walls, or other similar structures.
    1.3 Drop-in means the product is supported by horizontal surface 
cabinetry.
    1.4 Forced convection means a mode of conventional oven 
operation in which a fan is used to circulate the heated air within 
the oven compartment during cooking.
    1.5 Freestanding means the product is not supported by 
surrounding cabinetry, walls, or other similar structures.
    1.6 IEC 62301 First Edition refers to the test standard 
published by the International Electrotechnical Commission, titled 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 (first edition June 2005) (incorporated by 
reference, see Sec.  430.3).
    1.7 IEC 62301 Second Edition refers to the test standard 
published by the International Electrotechnical Commission, titled 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 Edition 2.0 2011-01 (incorporated by reference, 
see Sec.  430.3).
    1.8 Normal nonoperating temperature means the temperature of all 
areas of an appliance to be tested are within 5 [deg]F (2.8 [deg]C) 
of the temperature that the identical areas of the same basic model 
of the appliance would attain if it remained in the test room for 24 
hours while not operating with all oven doors closed and with any 
gas pilot lights on and adjusted in accordance with manufacturer's 
instructions.
    1.9 Off mode means a mode in which a conventional cooking top, 
conventional oven, conventional range, or microwave oven is 
connected to a mains power source and is not providing any active 
mode or standby mode function and where the mode may persist for an 
indefinite time. An indicator that only shows the user that the 
product is in the off position is included within the classification 
of an off mode.
    1.10 Primary energy consumption means either the electrical 
energy consumption of a conventional electric oven or the gas energy 
consumption of a conventional gas oven.
    1.11 Secondary energy consumption means any electrical energy 
consumption, other than clock energy consumption, of a conventional 
gas oven.
    1.12 Standard cubic foot (or liter (L)) of gas means that 
quantity of gas that occupies 1 cubic foot (or alternatively 
expressed in L) when saturated with water vapor at a temperature of 
60 [deg]F (15.6 [deg]C) and a pressure of 30 inches of mercury 
(101.6 kPa) (density of mercury equals 13.595 grams per cubic 
centimeter).
    1.13 Standby mode means any mode in which a conventional cooking 
top, conventional oven, conventional range, or microwave oven is 
connected to a mains power source and offers one or more of the 
following user-oriented or protective functions which may persist 
for an indefinite time: (a) Facilitation of the activation of other 
modes (including activation or deactivation of active mode) by 
remote switch (including remote control), internal sensor, or timer; 
(b) provision of continuous functions, including information or 
status displays (including clocks) or sensor-based functions. A 
timer is a continuous clock function (which may or may not be 
associated with a display) that allows for regularly scheduled tasks 
and that operates on a continuous basis.
    1.14 Thermocouple means a device consisting of two dissimilar 
metals which are joined together and, with their associated wires, 
are used to measure temperature by means of electromotive force.
    1.15 Symbol usage. The following identity relationships are 
provided to help clarify the symbology used throughout this 
procedure.

A--Number of Hours in a Year
B--Number of Hours Pilot Light Contributes to Cooking
C--Specific Heat
E--Energy Consumed
Eff--Cooking Efficiency
H--Heating Value of Gas
K--Conversion for Watt-hours to Kilowatt-hours
Ke--3.412 Btu/Wh, Conversion for Watt-hours to Btu's
M--Mass
n--Number of Units
O--Annual Useful Cooking Energy Output
P--Power
Q--Gas Flow Rate
R--Energy Factor, Ratio of Useful Cooking Energy Output to Total 
Energy Input
S--Number of Self-Cleaning Operations per Year
T--Temperature
t--Time
V--Volume of Gas Consumed
W--Weight of Test Block

2. Test Conditions

* * * * *
    2.1.3 Microwave ovens. Install the microwave oven in accordance 
with the manufacturer's instructions and connect to an electrical 
supply circuit with voltage as specified in section 2.2.1. The 
microwave oven shall also be installed in accordance with Section 5, 
Paragraph 5.2 of IEC 62301 (Second Edition) (incorporated by 
reference; see Sec.  430.3), disregarding the provisions regarding 
batteries and the determination, classification, and testing of 
relevant modes. A watt meter shall be installed in the circuit and 
shall be as described in section 2.9.1.3.
* * * * *
    2.2.1 Electrical supply.
    2.2.1.1 Voltage. Maintain the electrical supply to the 
conventional range, conventional cooking top, and conventional oven 
being tested at 240/120 volts except that basic models rated only at 
208/120 volts shall be tested at that rating. Maintain the voltage 
within 2 percent of the above specified voltages. For microwave oven 
testing, maintain the electrical supply to the microwave oven at 
240/120 volts and 60 hertz. For conventional range, conventional 
cooking top, and conventional oven standby mode and off mode 
testing, maintain the electrical supply frequency at 60 hertz  1 percent. Maintain the electrical supply for microwave oven 
testing within 1 percent of the specified voltage and frequency.
    2.2.1.2 Supply voltage waveform. For the standby mode and off 
mode testing, maintain the electrical supply voltage waveform as 
indicated in Section 4, Paragraph 4.3.2 of IEC 62301 (Second 
Edition) (incorporated by reference; see Sec.  430.3). If the power 
measuring instrument used for testing is unable to measure and 
record the total harmonic content during the test measurement 
period, it is acceptable to measure and record the total harmonic 
content immediately before and after the test measurement period.
* * * * *
    2.5 Ambient room air temperature.
    2.5.1 Active mode ambient room air temperature. During the 
active mode test, maintain an ambient room air temperature, 
TR, of 77[deg]  9 [deg]F (25[deg]  5 [deg]C) for conventional ovens and cooking tops, as 
measured at least 5 feet (1.5 m) and not more than 8 feet (2.4 m) 
from the nearest surface of the unit under test and approximately 3 
feet (0.9 m) above the floor. The temperature shall be measured with 
a thermometer or temperature indicating system with an accuracy as 
specified in section 2.9.3.1.
    2.5.2 Standby mode and off mode ambient temperature. For standby 
mode and off mode testing, maintain room ambient air temperature 
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3).
    2.6 Normal nonoperating temperature. All areas of the appliance 
to be tested shall attain the normal nonoperating temperature, as 
defined in section 1.8, before any testing begins. The equipment for 
measuring the applicable normal nonoperating temperature shall be as 
described in sections 2.9.3.1, 2.9.3.2, 2.9.3.3, and 2.9.3.4, as 
applicable.
* * * * *
    2.9.1.3 Standby mode and off mode watt meter. The watt meter 
used to measure standby mode and off mode shall meet the 
requirements specified in Section 4, Paragraph 4.4 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3). If 
the power measuring instrument used for testing is unable to measure 
and record the crest factor, power factor, or maximum current ratio 
during the test measurement period, it is acceptable to measure the 
crest factor, power factor, and maximum current ratio immediately 
before and after the test measurement period.
* * * * *

3. Test Methods and Measurements

    3.1 Test methods.
    3.1.1 Conventional oven. Perform a test by establishing the 
testing conditions set forth in section 2, ``TEST CONDITIONS,'' of 
this Appendix, and adjust any pilot lights of a conventional gas 
oven in accordance with the manufacturer's instructions and turn off 
the gas flow to the conventional cooking top,

[[Page 72348]]

if so equipped. Before beginning the test, the conventional oven 
shall be at its normal nonoperating temperature as defined in 
section 1.8 and described in section 2.6. Set the conventional oven 
test block W1 approximately in the center of the usable 
baking space. If there is a selector switch for selecting the mode 
of operation of the oven, set it for normal baking. If an oven 
permits baking by either forced convection by using a fan, or 
without forced convection, the oven is to be tested in each of those 
two modes. The oven shall remain on for at least one complete 
thermostat ``cut-off/cut-on'' of the electrical resistance heaters 
or gas burners after the test block temperature has increased 234 
[deg]F (130 [deg]C) above its initial temperature.
    3.1.1.1 Self-cleaning operation of a conventional oven. 
Establish the test conditions set forth in section 2, ``TEST 
CONDITIONS,'' of this Appendix. Adjust any pilot lights of a 
conventional gas oven in accordance with the manufacturer's 
instructions and turn off the gas flow to the conventional cooking 
top. The temperature of the conventional oven shall be its normal 
nonoperating temperature as defined in section 1.8 and described in 
section 2.6. Then set the conventional oven's self-cleaning process 
in accordance with the manufacturer's instructions. If the self-
cleaning process is adjustable, use the average time recommended by 
the manufacturer for a moderately soiled oven.
* * * * *
    3.1.2 Conventional cooking top. Establish the test conditions 
set forth in section 2, ``TEST CONDITIONS,'' of this Appendix. 
Adjust any pilot lights of a conventional gas cooking top in 
accordance with the manufacturer's instructions and turn off the gas 
flow to the conventional oven(s), if so equipped. The temperature of 
the conventional cooking top shall be its normal nonoperating 
temperature as defined in section 1.8 and described in section 2.6. 
Set the test block in the center of the surface unit under test. The 
small test block, W2, shall be used on electric surface 
units of 7 inches (178 mm) or less in diameter. The large test 
block, W3, shall be used on electric surface units over 7 
inches (177.8 mm) in diameter and on all gas surface units. Turn on 
the surface unit under test and set its energy input rate to the 
maximum setting. When the test block reaches 144 [deg]F (80 [deg]C) 
above its initial test block temperature, immediately reduce the 
energy input rate to 25  5 percent of the maximum energy 
input rate. After 15  0.1 minutes at the reduced energy 
setting, turn off the surface unit under test.
* * * * *
    3.1.3 Microwave oven.
    3.1.3.1 Microwave oven test standby mode and off mode power. 
Establish the testing conditions set forth in section 2, ``TEST 
CONDITIONS,'' of this Appendix. For microwave ovens that drop from a 
higher power state to a lower power state as discussed in Section 5, 
Paragraph 5.1, Note 1 of IEC 62301 (Second Edition) (incorporated by 
reference; see Sec.  430.3), allow sufficient time for the microwave 
oven to reach the lower power state before proceeding with the test 
measurement. Follow the test procedure as specified in Section 5, 
Paragraph 5.3.2 of IEC 62301 (Second Edition). For units in which 
power varies as a function of displayed time in standby mode, set 
the clock time to 3:23 and use the average power approach described 
in Section 5, Paragraph 5.3.2(a) of IEC 62301 (First Edition), but 
with a single test period of 10 minutes +0/-2 sec after an 
additional stabilization period until the clock time reaches 3:33. 
If a microwave oven is capable of operation in either standby mode 
or off mode, as defined in sections 1.13 and 1.9, respectively, or 
both, test the microwave oven in each mode in which it can operate.
* * * * *
    3.2.3 Microwave oven test standby mode and off mode power. Make 
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3). If 
the microwave oven is capable of operating in standby mode, measure 
the average standby mode power of the microwave oven, 
PSB, in watts as specified in section 3.1.3.1. If the 
microwave oven is capable of operating in off mode, measure the 
average off mode power of the microwave oven, POFF, as 
specified in section 3.1.3.1.
* * * * *
    3.3.13 Record the average standby mode power, PSB, 
for the microwave oven standby mode, as determined in section 3.2.3 
for a microwave oven capable of operating in standby mode. Record 
the average off mode power, POFF, for the microwave oven 
off mode power test, as determined in section 3.2.3 for a microwave 
oven capable of operating in off mode.
* * * * *
[FR Doc. 2011-30234 Filed 11-22-11; 8:45 am]
BILLING CODE 6450-01-P