[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Proposed Rules]
[Pages 39980-39991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17322]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 /
Proposed Rules
[[Page 39980]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-STD-0023]
Energy Conservation Program: Energy Conservation Standards for
Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an
effort to determine whether to amend the current energy conservation
standards for microwave ovens. Under the Energy Policy and Conservation
Act of 1975, as amended, DOE must review these standards at least once
every six years and publish either a notice of proposed rulemaking
(``NOPR'') to propose new standards for microwave ovens or a notice of
determination that the existing standards do not need to be amended.
This request for information (``RFI'') solicits information from the
public to help DOE determine whether amended standards for microwave
ovens would result in significant energy savings and whether such
standards would be technologically feasible and economically justified.
DOE welcomes written comments from the public on any subject within the
scope of this document (including topics not raised in this RFI).
DATES: Written comments and information are requested and will be
accepted on or before September 27, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2017-BT-
STD-0023, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include the docket number
EERE-2017-BT-STD-0023 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2017-BT-STD-0023. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-1943. Email:
[email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-6122. Email: [email protected].
For further information on how to submit a comment, or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking Process
II. Request for Information and Comments
A. Products Covered by This Rulemaking
B. Market and Technology Assessment
1. Test Procedure
2. Product Classes
3. Technology Assessment
C. Screening Analysis
D. Engineering Analysis
1. Baseline Efficiency Levels
2. Maximum Available and Maximum Technologically Feasible Levels
3. Manufacturer Production Costs and Manufacturing Selling Price
E. Distribution Channels and Markups Analysis
F. Energy Use Analysis
G. Repair and Maintenance Costs
H. Shipments
I. National Impact Analysis
J. Manufacturer Impact Analysis
K. Other Energy Conservation Standards Topics
1. Market Failures
2. Other
III. Submission of Comments
I. Introduction
Microwave ovens are included in the list of ``covered products''
for which DOE is authorized to establish and amend energy conservation
standards and test procedures. (42 U.S.C. 6292(a)(10)) DOE's energy
conservation standards for microwave ovens are prescribed at 10 CFR
430.32(j)(3). The following sections discuss DOE's authority to
establish and amend energy conservation standards for microwave ovens,
as well as relevant background information regarding DOE's
consideration of energy conservation standards for this product.
[[Page 39981]]
A. Authority and Background
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ among other things, authorizes DOE to regulate the
energy efficiency of a number of consumer products and industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of EPCA
established the Energy Conservation Program for Consumer Products Other
Than Automobiles. These products include kitchen ranges and ovens,
including microwave ovens that are the subject of this document. (42
U.S.C. 6292(a)(10))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA specifically include
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293),
labeling provisions (42 U.S.C. 6294), energy conservation standards (42
U.S.C. 6295), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under 42 U.S.C. 6297(d).
EPCA prescribed energy conservation standards for kitchen ranges
and ovens, and directed DOE to conduct two cycles of rulemakings to
determine whether to amend standards for these products. (42 U.S.C.
6295(h)(2)(A)-(B)) DOE completed the first of these rulemaking cycles
by publishing a final rule on September 8, 1998, that codified the
prescriptive standard established in EPCA,\3\ but found that no
standards were justified for electric cooking products, including
microwave ovens, at that time. 63 FR 48038. Additionally, DOE completed
the second rulemaking cycle and published a final rule on April 8,
2009, in which it determined, among other things, that standards for
microwave oven active mode energy use were still not justified. 74 FR
16040 (``April 2009 Final Rule''). Most recently, DOE published a final
rule on June 17, 2013, adopting energy conservation standards for
microwave oven standby mode and off mode. 78 FR 36316 (``June 2013
Final Rule''). The current energy conservation standards for microwave
ovens are located at 10 CFR 430.32(j)(3). The currently applicable DOE
test procedures for microwave ovens appear at 10 CFR part 430, subpart
B, appendix I (``Appendix I'').
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\3\ EPCA requires that gas kitchen ranges and ovens having an
electrical supply cord shall not be equipped with a constant burning
pilot for products manufactured on or after January 1, 1990. (42
U.S.C. 6295(h)(1))
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EPCA also requires that, not later than 6 years after the issuance
of any final rule establishing or amending a standard, DOE must publish
either a notice of determination that the standards for the product do
not need to be amended, or a NOPR including new proposed energy
conservation standards (proceeding to a final rule, as appropriate).
(42 U.S.C. 6295(m)(1)) EPCA further provides that, not later than 3
years after the issuance of a final determination not to amend
standards, DOE must publish either a notice of determination that
standards for the product do not need to be amended, or a NOPR
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B)) DOE must make
the analysis on which the determination is based publicly available and
provide an opportunity for written comment. (42 U.S.C. 6295(m)(2)) In
making a determination, DOE must evaluate whether more stringent
standards would (1) yield a significant savings in energy use and (2)
be both technologically feasible and economically justified. (42 U.S.C.
6295(m)(1)(A))
DOE is publishing this RFI to collect data and information to
inform its decision consistent with its obligations under EPCA.
B. Rulemaking Process
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products. EPCA requires that any new or
amended energy conservation standard prescribed by the Secretary be
designed to achieve the maximum improvement in energy or water
efficiency that is technologically feasible and economically justified.
(42 U.S.C. 6295(o)(2)(A)) To determine whether a standard is
economically justified, EPCA requires that DOE determine whether the
benefits of the standard exceed its burdens by considering, to the
greatest extent practicable, the following seven factors:
(1) The economic impact of the standard on the manufacturers and
consumers of the affected products;
(2) The savings in operating costs throughout the estimated average
life of the product compared to any increases in the initial cost, or
maintenance expenses;
(3) The total projected amount of energy and water (if applicable)
savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the products
likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary of Energy (Secretary) considers
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.
Table I.1--EPCA Requirements and Corresponding DOE Analysis
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EPCA requirement Corresponding DOE analysis
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Technological Feasibility.............. Market and Technology
Assessment.
Screening Analysis.
Engineering Analysis.
Economic Justification:
[[Page 39982]]
1. Economic impact on manufacturers Manufacturer Impact
and consumers. Analysis.
Life-Cycle Cost and
Payback Period Analysis.
Life-Cycle Cost
Subgroup Analysis.
Shipments Analysis.
2. Lifetime operating cost savings Markups Analysis.
compared to increased cost for the Energy Use Analysis.
product. Life-Cycle Cost and
Payback Period Analysis.
3. Total projected energy savings.. Shipments Analysis.
National Impact
Analysis.
4. Impact on utility or performance Screening Analysis.
Engineering Analysis.
5. Impact of any lessening of Manufacturer Impact
competition. Analysis.
6. Need for national energy and Shipments Analysis.
water conservation. National Impact
Analysis.
7. Other factors the Secretary Employment Impact
considers relevant. Analysis.
Utility Impact
Analysis.
Emissions Analysis.
Monetization of
Emission Reductions Benefits.
Regulatory Impact
Analysis.
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As detailed throughout this RFI, DOE is publishing this document
seeking input and data from interested parties to aid in the
development of the technical analyses on which DOE will ultimately rely
to determine whether (and if so, how) to amend the standards for
microwave ovens.
II. Request for Information and Comments
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether amended standards for microwave
ovens may be warranted. Additionally, DOE welcomes comments on other
issues relevant to the conduct of this rulemaking that may not
specifically be identified in this document. In particular, DOE notes
that under Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' Executive Branch agencies such as DOE are directed
to manage the costs associated with the imposition of expenditures
required to comply with Federal regulations. 82 FR 9339. Consistent
with that Executive Order, DOE encourages the public to provide input
on measures DOE could take to lower the cost of its regulations
applicable to microwave ovens while remaining consistent with the
requirements of EPCA.
Further, DOE seeks comment on whether there have been sufficient
technological or market changes since the most recent standards update
that may justify a new rulemaking to consider more stringent standards.
Specifically, DOE seeks data and information that could enable the
agency to determine whether DOE should propose a ``no new standard''
determination because a more stringent standard: (1) Would not result
in a significant savings of energy; (2) is not technologically
feasible; (3) is not economically justified; or (4) any combination of
foregoing.
A. Products Covered by This Rulemaking
This RFI covers those products that meet the definition of
``microwave oven,'' as codified at 10 CFR 430.2. The definition for
microwave ovens was most recently amended in a test procedure final
rule published on January 18, 2013. 78 FR 4015.
Specifically, as codified, ``microwave oven'' means a category of
cooking products which is a household cooking appliance consisting of a
compartment designed to cook or heat food by means of microwave energy,
including microwave ovens with or without thermal elements designed for
surface browning of food and convection microwave ovens. This includes
any microwave oven(s) component of a combined cooking product.\4\ 10
CFR 430.2.
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\4\ Section 1.3 of Appendix I defines ``combined cooking
product'' as a household cooking appliance that combines a cooking
product with other appliance functionality, which may or may not
include another cooking product. Combined cooking products include
the following products: Conventional range, microwave/conventional
cooking top, microwave/conventional oven, and microwave/conventional
range.
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Additionally, DOE's regulations at 10 CFR 430.2 define a
``convection microwave oven'' as a microwave oven that incorporates
convection features and any other means of cooking in a single
compartment.
For the purpose of the energy conservation standards, further
distinction is made as to whether a microwave oven is a ``microwave-
only oven,'' ``countertop convection microwave oven,'' ``built-in
microwave oven,'' or an ``over-the-range convection microwave oven.''
10 CFR 430.32(j)(3). ``Built-in'' means the product is enclosed in
surrounding cabinetry, walls, or other similar structures on at least
three sides, and can be supported by surrounding cabinetry or the
floor. Section 1.2 of Appendix I. ``Microwave-only,'' ``countertop,''
and ``over-the-range'' are not explicitly defined.
Issue A.1 DOE requests comment on whether the definitions for
``microwave oven,'' ``convection microwave oven,'' and ``built-in'' (as
that term pertains to microwave ovens) require any revisions--and if
so, how those definitions should be revised.
Issue A.2 DOE requests comment on whether definitions are necessary
for ``microwave-only,'' ``countertop,'' and ``over-the-range'' and if
so how those terms should be defined. DOE requests comment on whether
additional product definitions are necessary to close any potential
gaps in coverage between product types. DOE also seeks input on whether
such products currently exist in the market or whether they are being
planned for introduction. DOE also requests comment on opportunities to
combine product classes that could reduce regulatory burden.
B. Market and Technology Assessment
The market and technology assessment that DOE routinely conducts
when analyzing the impacts of a potential new or amended energy
conservation standard provides
[[Page 39983]]
information about the microwave oven industry that will be used in
DOE's analysis throughout the rulemaking process. DOE uses qualitative
and quantitative information to characterize the structure of the
industry and market. DOE identifies manufacturers, estimates market
shares and trends, addresses regulatory and non-regulatory initiatives
intended to improve energy efficiency or reduce energy consumption, and
explores the potential for efficiency improvements in the design and
manufacturing of microwave ovens. DOE also reviews product literature,
industry publications, and company websites. Additionally, DOE
considers conducting interviews with manufacturers to improve its
assessment of the market and available technologies for microwave
ovens.
1. Test Procedure
DOE's test procedures for microwave ovens are codified in Appendix
I. The test procedure was originally established in an October 3, 1997,
final rule that addressed active mode energy use only. 62 FR 51976.
On July 22, 2010, DOE published in the Federal Register a final
rule for the microwave oven test procedure in which it repealed the
regulatory provisions for establishing the cooking efficiency test
procedure for microwave ovens under EPCA. 75 FR 42579 (``July 2010 TP
Repeal Final Rule''). In the July 2010 TP Repeal Final Rule, DOE
determined that the existing microwave oven test procedure to measure
the cooking efficiency did not produce representative and repeatable
test results. 75 FR 42579, 42581. DOE also stated that it was unaware
of any test procedures that measured microwave oven cooking efficiency
with representative and repeatable test results. Id.
On March 9, 2011, DOE published an interim final rule establishing
test procedures for microwave ovens regarding the measurement of the
average standby mode and average off mode power consumption that
incorporated by reference specific clauses from the International
Electrotechnical Commission (``IEC'') Standard 62301, ``Household
electrical appliances--Measurement of standby power,'' First Edition
2005-06 (``IEC Standard 62301 (First Edition)''). 76 FR 12825. DOE also
incorporated definitions of ``active mode,'' ``standby mode,'' and
``off mode,'' as well as language to clarify the application of clauses
from IEC Standard 62301 (First Edition) for measuring standby mode and
off mode power. Id.
On January 18, 2013, DOE published a final rule amending the
microwave oven test procedure to incorporate by reference certain
provisions of IEC Standard 62301 Edition 2.0 2011-01, along with
clarifying language, for the measurement of standby mode and off mode
energy use. 78 FR 4015. DOE also confirmed that the microwave oven
portion of a combined product is covered under the definition of
``microwave oven'' at 10 CFR 430.2, but due to a lack of data and
information, did not adopt provisions in the microwave oven test
procedure to measure the standby mode and off mode energy use of the
microwave portion. 78 FR 4015, 4017.
On December 16, 2016, DOE published a final rule amending the
cooking products test procedure to, in part, incorporate methods to
calculate the annual standby mode and off mode energy consumption of
the microwave oven component of a combined cooking product by
allocating a portion of the combined low-power mode energy consumption
measured for the combined cooking product to the microwave oven
component using the estimated annual cooking hours for the given
components comprising the combined cooking product. 81 FR 91418, 91438-
91439 (``December 2016 TP Final Rule'').
On January 18, 2018, DOE published an RFI (the ``January 2018 TP
RFI'') soliciting comment from interested parties on issues related to
the microwave oven test procedure to determine whether amendments to
the test procedure are warranted. In the January 2018 TP RFI, DOE
identified issues related to the measurement of active mode, standby
mode, and off mode energy use. 83 FR 02566. If DOE determines that
amendments to the microwave oven test procedure are warranted, it would
conduct any analysis for the standards rulemaking based on the amended
test procedure.
While there is currently no active mode test procedure for
microwave ovens, DOE may consider an active mode test in the future. If
DOE develops an active mode test procedure for microwave ovens, it must
incorporate active mode, standby mode, and off mode energy use into a
single integrated energy use metric, unless it is technically
infeasible to do so, as required by EPCA. (42 U.S.C. 6295(gg)(2)(A)) If
an integrated test procedure is technically infeasible, DOE must
prescribe separate active mode, standby mode and off mode energy use
test procedures, if separate tests are technically feasible. (Id.) EPCA
also requires that when DOE adopts a standard for a covered product, it
must, pursuant to criteria for adoption of standards at 42 U.S.C.
6295(o), incorporate active mode, standby mode and off mode energy use
into a single standard, if feasible, or adopt separate standards for
such energy use for that product. (42 U.S.C. 6295(gg)(3))
Issue B.1 DOE requests comment on the feasibility of incorporating
active mode, standby mode and off mode energy use into a single
standard for microwave ovens in the event that DOE develops an active
mode test procedure.
2. Product Classes
When evaluating and establishing energy conservation standards, DOE
may divide covered products into product classes by the type of energy
used, or by capacity or other performance-related features that justify
a different standard. (42 U.S.C. 6295(q)) In making a determination
whether capacity or another performance-related feature justifies a
different standard, DOE must consider such factors as the utility of
the feature to the consumer and other factors DOE deems appropriate.
(Id.)
For microwave ovens, the current energy conservation standards
specified in 10 CFR 430.32(j)(3) are based on two product classes
determined according to the following performance-related features that
provide utility to the consumer, in terms of locations where the
product may be installed and availability of additional cooking
functions: Intended installation (i.e., countertop, built-in, or over-
the-range) and presence of convection heating components. Table II.1
lists the current two product classes for microwave ovens.
Table II.1--Current Microwave Oven Product Classes
------------------------------------------------------------------------
Product class
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1. Microwave-only ovens and countertop convection microwave ovens.
2. Built-in and over-the-range convection microwave ovens.
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These product classes were established in the June 2013 Final Rule
for the purposes of setting energy conservation standards addressing
standby mode and off mode energy use, and were determined to be
warranted based on their different standby power performances. 78 FR
36316, 36328-36329. DOE noted at the time that if, in the future, DOE
considers whether active mode energy conservation standards are
warranted, it may consider redefining the product classes according to
the utility of performance
[[Page 39984]]
related features and energy use for both active mode and standby mode.
78 FR 36316, 36329. DOE further stated that such revised product
classes would not be limited by the product classes established for
standby mode in the June 2013 Final Rule. Id.
As discussed in section II.B.1 of this document, the current
microwave oven test procedure in Appendix I includes provisions for
measuring power consumption in standby mode and off mode only. DOE may
consider in a separate rulemaking whether the microwave oven test
procedure in Appendix I should be amended to include energy use in
active mode, including the possibility of an integrated energy use
metric that would account for energy use in active mode, standby mode,
and off mode.
Issue B.2 DOE requests feedback on the current microwave oven
product classes and whether changes to these individual product classes
and their descriptions should be made or whether certain classes should
be merged or separated (such as separating microwave-only and
countertop convection microwave ovens into separate product classes).
DOE further requests feedback on whether combining certain classes
could impact product utility by eliminating any performance-related
features or impact the stringency of the current energy conservation
standard for these products. DOE also requests comment on separating
any of the existing product classes and whether it would impact product
utility by eliminating any performance-related features or reduce any
compliance burdens.
Issue B.3 DOE seeks information regarding any other new or revised
product classes it should consider for inclusion in its analysis in the
event that the microwave oven test procedure addresses active mode
energy use, including a potential integrated energy use metric.
DOE is also aware that new configurations and features may be
available for microwave ovens that may not have been available at the
time of the last energy conservation standards analysis.
Issue B.4 DOE seeks information regarding any other new product
classes it should consider for inclusion in its analysis. Specifically,
DOE requests information on the performance-related features that
provide unique consumer utility and data detailing the corresponding
impacts on energy use that would justify separate product classes
(i.e., explanation for why the presence of these performance-related
features would increase energy consumption).
DOE is also aware of the introduction of combined cooking products
that incorporate a microwave oven component. As discussed in section
II.A of this document, combined cooking products are defined in
Appendix I as household cooking appliances that combine a cooking
product with other appliance functionality, which may or may not
include another cooking product. Combined cooking products that
incorporate a microwave oven may include the following products:
Microwave ovens with a conventional cooking top, microwave ovens with a
conventional oven, and microwave ovens with a conventional range. The
microwave oven(s) component of a combined cooking product is considered
a covered product under the definition of microwave ovens in 10 CFR
430.2. In the June 2013 Final Rule, DOE noted that the test procedure
in Appendix I at that time did not include methods for measuring the
standby mode and off mode energy use for the microwave oven portion of
a combined cooking product. As a result, DOE determined that the
standby power standard levels for microwave ovens adopted in the June
2013 Final Rule do not apply to the microwave portion of combined
products. 78 FR 36316, 36328. As discussed in section II.B.1 of this
document, DOE amended the cooking products test procedure in Appendix I
in the December 2016 TP Final Rule to incorporate methods for
calculating the annual standby mode and off mode energy consumption of
the microwave oven component of a combined cooking product.
Issue B.5 DOE requests information on the types of combined cooking
products that include a microwave oven component that are available on
the market. DOE also requests comment on how the microwave oven
component of a combined cooking product should be considered in its
potential analysis. DOE seeks information and data on the energy use of
combined cooking products, including the energy use allocated to the
microwave oven component.
3. Technology Assessment
In analyzing the feasibility of potential new or amended energy
conservation standards, DOE uses information about existing and past
technology options and prototype designs to help identify technologies
that manufacturers could use to meet and/or exceed a given set of
energy conservation standards under consideration. In consultation with
interested parties, DOE intends to develop a list of technologies to
consider in its analysis. That analysis will likely include a number of
the technology options DOE previously considered during its most recent
rulemaking for microwave ovens. A complete list of those prior options
appears in Table II.2. DOE notes that in addition to improvements in
the technology options identified previously as part of the June 2013
Final Rule, energy savings for microwave-only ovens may be achieved by
replacing the typical filament cavity lamps (i.e., lamps that
illuminates the interior of the microwave oven) with more efficient
light emitting diodes (``LEDs''). This technology option is listed in
Table II.3.
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\5\ Descriptions of these technology options can be found in
chapter 3 of the Technical Support Document for the April 2009 Final
Rule (found in the docket at https://www.regulations.gov/document?D=EERE-2006-STD-0127-0097) and the June 2013 Final Rule
(found in the docket at https://www.regulations.gov/document?D=EERE-2011-BT-STD-0048-0021)
Table II.2--Previously Considered Technology Options for Microwave Ovens
From the April 2009 Final Rule and June 2013 Final Rule \5\
------------------------------------------------------------------------
Active mode Standby mode
------------------------------------------------------------------------
Added insulation..................... Lower-power display technologies.
Cooking sensors...................... Cooking sensors with no standby
power requirement.
Dual magnetrons...................... Improved power supply and control
board options.
Eliminated or improved ceramic Automatic power-down of most
stirrer cover. power-consuming components,
including the clock display.
Improved fan efficiency.
Improved magnetron efficiency.
[[Page 39985]]
Improved power supply efficiency.
Modified wave guide.
Reflective surfaces.
------------------------------------------------------------------------
Table II.3--New Technology Options for Microwave Ovens
------------------------------------------------------------------------
Active mode Standby mode and off mode
------------------------------------------------------------------------
Light emitting diode (LED) cavity lamp No additional technology
(microwave-only ovens only). options identified.
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Issue B.6 DOE seeks information on the standby power technologies
listed in Table II.2 of this RFI regarding their applicability to the
current market and how these technologies may impact the efficiency of
microwave ovens as measured according to the DOE test procedure. DOE
also seeks information on how these technologies may have changed since
they were considered in the June 2013 Final Rule analysis.
Specifically, DOE seeks information on the range of efficiencies or
performance characteristics that are currently available for each
technology option. Finally, DOE seeks information on whether any of
these options have been superseded by newer technology and therefore no
longer applicable.
Issue B.7 DOE seeks information on the active mode technologies
listed in Table II.2 of this RFI, including how they may be measured by
a potential future microwave oven test procedure that includes active
mode testing provisions and how they would be applicable to amended
microwave oven standards. DOE seeks information on the range of
efficiencies for various microwave oven components (e.g., fan motors,
magnetrons, wave guides, and power supplies).
Issue B.8 DOE seeks information on the technology listed in Table
II.3 of this RFI regarding market adoption, costs, and any concerns
with incorporating LED cavity lighting into microwave-only ovens (e.g.,
potential safety concerns, manufacturing/production/implementation
issues, etc.). DOE seeks particular comment on whether and how consumer
utility could be affected by a change in cavity lighting technologies
(e.g., consumer preferences, repair/replacement rates, product
functionality, etc.).
Issue B.9 DOE seeks comment on other technology options that it
should consider for inclusion in its analysis and if these technologies
may impact product features or consumer utility.
C. Screening Analysis
The purpose of the screening analysis is to evaluate the
technologies that improve product efficiency to determine which
technologies will be eliminated from further consideration and which
will be passed to the engineering analysis for further consideration.
DOE determines whether to eliminate certain technology options from
further consideration based on the following criteria:
(1) Technological feasibility. Technologies that are not
incorporated in commercial products or in working prototypes will not
be considered further.
(2) Practicability to manufacture, install, and service. If it is
determined that mass production of a technology in commercial products
and reliable installation and servicing of the technology could not be
achieved on the scale necessary to serve the relevant market at the
time of the compliance date of the standard, then that technology will
not be considered further.
(3) Impacts on product utility or product availability. If a
technology is determined to have significant adverse impact on the
utility of the product to significant subgroups of consumers, or result
in the unavailability of any covered product type with performance
characteristics (including reliability), features, sizes, capacities,
and volumes that are substantially the same as products generally
available in the United States at the time, it will not be considered
further.
(4) Adverse impacts on health or safety. If it is determined that a
technology will have significant adverse impacts on health or safety,
it will not be considered further.
10 CFR part 430, subpart C, appendix A, 4(a)(4) and 5(b).
Technology options identified in the technology assessment are
evaluated against these criteria using DOE analyses and inputs from
interested parties (e.g., manufacturers, trade organizations, and
energy efficiency advocates). Technologies that pass through the
screening analysis are referred to as ``design options'' in the
engineering analysis. Technology options that fail to meet one or more
of the four criteria are eliminated from consideration.
Additionally, DOE notes that the four screening criteria do not
directly address the propriety status of technology options. DOE only
considers potential efficiency levels achieved through the use of
proprietary designs in the engineering analysis if they are not part of
a unique pathway to achieve that efficiency level (i.e., if there are
other non-proprietary technologies capable of achieving the same
efficiency level).
In the April 2009 Final Rule and June 2013 Final Rule, DOE
determined that all of the technology options for active mode and
standby mode met the screening criteria. As a result, DOE did not
screen out any technology options in the previous rulemaking analyses.
Issue C.1 DOE requests feedback on what impact, if any, the four
screening criteria described in this section would have on each of the
technology options listed in Table II.2 and Table II.3 of this document
with respect to microwave ovens. Similarly, DOE seeks information
regarding how these same criteria would affect any other technology
options not already identified in this document with respect to their
potential use in microwave ovens.
D. Engineering Analysis
The engineering analysis estimates the cost-efficiency relationship
of products at different levels of increased energy efficiency
(``efficiency levels''). This relationship serves as the basis for the
cost-benefit calculations for consumers, manufacturers, and the Nation.
In determining the cost-efficiency relationship, DOE estimates the
increase in manufacturer production
[[Page 39986]]
cost (``MPC'') associated with increasing the efficiency of products
above the baseline, up to the maximum technologically feasible (``max-
tech'') efficiency level for each product class.
DOE historically has used the following three methodologies to
generate incremental manufacturing costs and establish efficiency
levels (``ELs'') for analysis: (1) The design-option approach, which
provides the incremental costs of adding to a baseline model design
options that will improve its efficiency; (2) the efficiency-level
approach, which provides the relative costs of achieving increases in
energy efficiency levels, without regard to the particular design
options used to achieve such increases; and (3) the cost-assessment (or
reverse engineering) approach, which provides ``bottom-up''
manufacturing cost assessments for achieving various levels of
increased efficiency, based on detailed cost data for parts and
material, labor, shipping/packaging, and investment for models that
operate at particular efficiency levels.
1. Baseline Efficiency Levels
For each established product class, DOE selects a baseline model as
a reference point against which any changes resulting from new or
amended energy conservation standards can be measured. The baseline
model in each product class represents the characteristics of common or
typical products in that class. Typically, a baseline model is one that
meets the current minimum energy conservation standards and provides
basic consumer utility.
Consistent with this analytical approach, DOE tentatively plans to
consider the current minimum energy conservations standards (which are
applicable to microwave ovens manufactured on or after June 17, 2016)
to establish the baseline efficiency levels for standby power for each
product class. The current standards for each product class are based
on the maximum allowable average standby power in watts (W). The
current standards for microwave ovens are found at 10 CFR 430.32(j)(3)
and are presented in Table II.4 of this document.
Table II.4--June 17, 2016 Microwave Oven Energy Conservation Standard
Levels
------------------------------------------------------------------------
Maximum allowable
Product class average standby
power
------------------------------------------------------------------------
Microwave-Only Ovens and Countertop Convection 1.0 W
Microwave Ovens....................................
Built-In and Over-the-Range Convection Microwave 2.2 W
Ovens..............................................
------------------------------------------------------------------------
As discussed in section II.B.1 of this document, DOE may consider
in a separate rulemaking whether the microwave oven test procedure in
Appendix I should be amended to include energy use in active mode,
including the possibility of an integrated energy use metric that would
account for energy use in active mode, standby mode, and off mode,
which could affect baseline energy efficiency levels.
Issue D.1 DOE requests feedback on whether using the current
established energy conservation standards for microwave ovens (i.e.,
the maximum standby power requirements) are appropriate baseline
efficiency levels for DOE to apply to each product class in evaluating
whether to amend the current energy conservation standards for these
products. DOE requests data and suggestions to evaluate the baseline
efficiency levels in order to better evaluate amending energy
conservation standards for these products.
Issue D.2 DOE seeks information regarding baseline efficiency
levels in the event that the microwave oven test procedure addresses
active mode energy use, including a potential integrated energy use
metric. As interested parties have noted previously, microwave ovens do
not vary significantly across countries.\6\ As a result, DOE seeks
active mode energy use data for products using internationally-accepted
active mode test procedures (e.g., IEC Standard 60705-Edition 4.1,
``Household microwave ovens--Methods for measuring performance'' (``IEC
Standard 60705 (Edition 4.1)'')) to characterize the baseline
efficiency levels for each product class.
---------------------------------------------------------------------------
\6\ Association of Home Appliance Manufacturers comment on the
February 4, 2013 test procedure NOPR for microwave ovens. Page 4 of
document No. 27 in Docket No. EERE-2010-BT-TP-0023, available for
review at http://www.regulations.gov.
---------------------------------------------------------------------------
Issue D.3 DOE requests feedback on the appropriate baseline
efficiency levels for any newly analyzed product classes that are not
currently in place or for the contemplated combined product classes, as
discussed in section II.B.2 of this document. For newly analyzed
product classes, DOE requests energy use data to develop a baseline
relationship between energy use and adjusted volume.
2. Maximum Available and Maximum Technologically Feasible Levels
As part of DOE's analysis, the maximum available efficiency level
is the highest efficiency unit currently available on the market. DOE
also considers the max-tech efficiency level, which it defines as the
level that represents the theoretical maximum possible efficiency if
all available design options are incorporated in a model. In many
cases, the max-tech efficiency level is not commercially available
because it is not economically feasible.
To inform its data collection in this RFI, DOE initially reviewed
data in DOE's Compliance Certification Database to evaluate the range
of standby power for microwave ovens available on the market.\7\ Figure
II.1 and Figure II.2 of this RFI show the range of standby power among
current models for each microwave oven product class.
---------------------------------------------------------------------------
\7\ DOE's Compliance Certification Database is available for
review at https://www.regulations.doe.gov/certification-data/products.html (accessed on April 19, 2019).
---------------------------------------------------------------------------
BILLING CODE 6450-01-P
[[Page 39987]]
[GRAPHIC] [TIFF OMITTED] TP13AU19.003
BILLING CODE 6450-01-C
The microwave oven test procedure in Appendix I specifies that for
the microwave oven standby mode and off mode power measurement, if a
microwave oven drops from a higher power state to a lower power state,
sufficient time is allowed for the microwave oven to reach the lower
power state before proceeding with the test measurement. DOE is aware
that some microwave ovens available on the market are able to achieve
very low standby power levels by incorporating an automatic function
that turns off most power-consuming components, such as the clock
display, once a period of inactivity has elapsed. DOE also notes that
some manufacturers provide instructions for disabling this feature so
that features such as the clock display remain on at all times, whereas
others do not provide instructions for how to disable the automatic
function. In the June 2013 Final Rule, DOE did not adopt energy
conservation standards for microwave oven standby power at what was
then determined to be the maximum technologically feasible efficiency
level, which was based on this automatic power-down functionality,
because the reduction in standby power would result in the loss of
certain functions that provide utility to consumers, specifically the
continuous clock display. 78 FR 36316, 36362.
As discussed, DOE previously determined that energy conservation
standards for active mode were not technologically feasible and
economically justified. 74 FR 16040, 16087. Also as discussed, DOE
repealed the test procedure for microwave ovens as it related to active
mode, having determined that the microwave oven test procedure to
measure the cooking efficiency did not produce representative and
repeatable test results and that DOE was unaware of any test procedures
that measured
[[Page 39988]]
microwave oven cooking efficiency with representative and repeatable
test results. 75 FR 42579, 42581. In the event that DOE were to amend
the microwave oven test procedure in Appendix I to include energy use
in active mode, including the possibility of an integrated energy use
metric, DOE would also consider efficiency levels associated with
active mode efficiency improvements.
Issue D.4 DOE seeks input on appropriate standby power efficiency
levels to consider in a potential analysis for each microwave oven
product class.
Issue D.5 DOE seeks feedback on what design options would be
incorporated at each efficiency level, and the efficiencies associated
with those levels. As part of this request, DOE also seeks information
as to whether there are limitations on the use of certain combinations
of design options.
Issue D.6 DOE welcomes comment on how microwave ovens that
automatically power down power-consuming components should be
considered in its potential analysis, including information on the
consumer utility associated with the functions that are powered-down
(e.g., continuous clock display). DOE seeks input on the number of
models available on the market that incorporate such a feature and
consumer usage data on how frequently consumers disable the automatic
power-down function when this feature is available.
Issue D.7 DOE seeks active mode energy use data for products using
internationally-accepted active mode test procedures (e.g., IEC
Standard 60705 (Edition 4.1)) to characterize the range of efficiency
levels addressing this mode for each product class. DOE also requests
information on the technologies currently on the market that would
improve active mode energy consumption measured under such test
procedures, the order in which manufacturers would likely add such
technologies, and any issues with the combined use of certain
technologies.
3. Manufacturer Production Costs and Manufacturing Selling Price
As described at the beginning of this section, the main outputs of
the engineering analysis are cost-efficiency relationships that
describe the estimated increases in manufacturer production cost
associated with higher-efficiency products for the analyzed product
classes. For the April 2009 Final Rule and 2013 Final Rule, DOE
developed the cost-efficiency relationships for active mode and standby
mode, respectively, by estimating the efficiency improvements and costs
associated with incorporating specific design options into the assumed
baseline model for each analyzed product class.
Issue D.8 DOE requests feedback on how manufacturers would
incorporate the technology options listed in Table II.2 and Table II.3
of this RFI to increase energy efficiency in microwave ovens beyond the
baseline. This includes information on the order in which manufacturers
would incorporate the different technologies to incrementally improve
the efficiencies of products. DOE also requests feedback on whether the
increased energy efficiency would lead to other design changes that
would not occur otherwise. DOE is also interested in information
regarding any potential impact of design options on a manufacturer's
ability to incorporate additional functions or attributes in response
to consumer demand.
Issue D.9 DOE also seeks input on the increase in MPC associated
with incorporating each particular design option. Specifically, DOE is
interested in whether and how the costs estimated for design options in
the April 2009 Final Rule and 2013 Final Rule have changed since the
time of that analysis. DOE also requests information on the investments
necessary to incorporate specific design options, including, but not
limited to, costs related to new or modified tooling (if any),
materials, engineering and development efforts to implement each design
option, and manufacturing/production impacts.
Issue D.10 DOE requests comment on whether certain design options
may not be applicable to (or incompatible with) specific product
classes.
To account for manufacturers' non-production costs and profit
margin, DOE applies a non-production cost multiplier (the manufacturer
markup) to the MPC. The resulting manufacturer selling price (``MSP'')
is the price at which the manufacturer distributes a unit into
commerce. For the June 2013 Final Rule, DOE used a manufacturer markup
of 1.298 for both microwave oven product classes: (1) Microwave-only
ovens and countertop convection microwave ovens, and (2) built-in and
over-the-range convection microwave ovens.\8\
---------------------------------------------------------------------------
\8\ For a discussion on how manufacturer markups were
established, see section 12.4.9.1 of the June 2013 Final Rule TSD at
https://www.regulations.gov/document?D=EERE-2011-BT-STD-0048-0021.
---------------------------------------------------------------------------
Issue D.11 DOE requests feedback on whether a manufacturer markup
of 1.298 is appropriate for all microwave ovens.
E. Distribution Channels and Markups Analysis
To carry out the life-cycle cost (``LCC'') and payback period
(``PBP'') calculations, DOE needs to determine the cost to the
residential consumer of baseline products, and the cost of more-
efficient units the consumer would purchase under potential amended
standards. By applying a multiplier called a ``markup'' to the MSP, DOE
is able to estimate the residential consumer's price. In generating
end-user price inputs for the LCC analysis and national impact analysis
(``NIA''), DOE must identify distribution channels (i.e., how the
products are distributed from the manufacturer to the consumer) and
estimate relative sales volumes through each channel. In the June 2013
Final Rule, DOE only accounted for the retail outlets distribution
channel because data from the Association of Home Appliance
Manufacturers (``AHAM'') 2005 Fact Book indicated that the overwhelming
majority of residential appliances were sold through retail outlets.\9\
In that rulemaking, DOE did not include a separate distribution channel
for microwave oven products included as part of a new home because DOE
did not have enough information to characterize which of these products
were ``pre-installed'' by builders in these new homes. Should
sufficient information become available, DOE may consider including a
separate distribution channel that includes a contractor in addition to
the existing retail outlets distribution channel.
---------------------------------------------------------------------------
\9\ For a discussion on distribution channels for microwave
ovens, see section 3.6.4 of the June 2013 Final Rule TSD at https://www.regulations.gov/document?D=EERE-2011-BT-STD-0048-0021.
---------------------------------------------------------------------------
Issue E.1 DOE requests information on the existence of any
distribution channels other than the retail outlet distribution channel
that are used to distribute the products at issue into the market. DOE
also requests data on the fraction of microwave oven sales in the
residential sector that go through both a wholesaler/retailer and a
contractor as well as the fraction of sales that go through any other
identified channels.
F. Energy Use Analysis
As part of the rulemaking process, DOE conducts an energy use
analysis to identify how products are used by consumers, and thereby
determine the energy savings potential of energy efficiency
improvements. DOE bases the standby mode energy consumption of
microwave ovens on the rated average standby power consumption as
determined by the DOE test procedure and would base the active mode
energy
[[Page 39989]]
consumption of microwave ovens on any amended DOE test procedure. Along
similar lines, the energy use analysis is meant to represent typical
energy consumption in the field.
In the June 2013 Final Rule, DOE accounted for standby mode energy
use by subtracting the microwave oven active mode hours from the total
number of hours in the year and multiplying the result by typical
standby power consumption.
Issue F.1 DOE requests feedback and data on how a product's energy
use changes with age and number of uses, and how the number and age of
occupants in the household affects the product's energy use.
Issue F.2 DOE requests information and data on the typical standby
power consumption associated with microwave ovens.
Issue F.3 DOE requests information and data on the typical active
mode energy consumption and use associated with microwave ovens.
G. Repair and Maintenance Costs
In the June 2013 Final Rule, DOE excluded repair and maintenance
costs from its analysis because there was no evidence that repair and
maintenance costs change by efficiency level.
Issue G.1 DOE requests feedback and data on whether maintenance
costs differ in comparison to the baseline maintenance costs for any of
the specific technology options listed in Table II.2 and Table II.3 of
this RFI. To the extent that these costs differ, DOE seeks supporting
data and the reasons for those differences.
Issue G.2 DOE requests information and data on the frequency of
repair and repair costs by product class for the technology options
listed in Table II.2 and Table II.3 of this RFI. While DOE is
interested in information regarding each of the listed technology
options. DOE is also interested in whether consumers simply replace the
products when they fail as opposed to repairing them.
H. Shipments
DOE develops shipments forecasts of microwave ovens to calculate
the national impacts of potential amended energy conservation standards
on energy consumption, net present value (``NPV''), and future
manufacturer cash flows. DOE shipments projections are based on
available historical data broken out by product class and efficiency.
Current sales estimates allow for a more accurate model that captures
recent trends in the market.
Issue H.1 DOE requests 2018 annual sales data (i.e., number of
shipments) for microwave ovens by product class.
Issue H.2 DOE requests 2018 data on the fraction of sales in the
residential and commercial sector for microwave ovens.
A table of the types of data requested for 2018 shipments in Issues
H.1 and H.2 of this document can be found in Table II.5 of this RFI.
Interested parties are also encouraged to provide additional shipments
data as may be relevant.
Table II.5--Summary Table of Shipments-Related Data Requests
----------------------------------------------------------------------------------------------------------------
Fraction of 2018 annual
Product class Annual sales (number sales to residential
sold in 2018) sector (%)
----------------------------------------------------------------------------------------------------------------
Microwave-Only Ovens and Countertop Convection Microwave
Ovens....................................................
----------------------------------------------------------------------------------------------------------------
Built-In and Over-the-Range Convection Microwave Ovens....
----------------------------------------------------------------------------------------------------------------
If disaggregated fractions of annual sales are not available at the
product type level, DOE requests more aggregated fractions of annual
sales at the category level.
Issue H.3 If available, DOE requests the same information in Table
II.5 of this RFI for the previous five years (2013-2017).
Issue H.4 DOE requests available sales data on the fraction of
microwave oven sales by technology for the technology options listed in
Table II.2 and Table II.3 of this RFI. DOE also requests information on
any expected market trends in the popularity of those technology
options.
Issue H.5 DOE requests data and information on any trends in the
microwave oven market that could be used to forecast expected trends in
product class market share.
Issue H.6 DOE requests input on any expected market trends for any
new features, such as the potential for ``smart'' inter-connected
microwave ovens, which may impact total energy consumption. To that
end, on September 17, 2018, DOE published an RFI on the emerging smart
technology appliance and equipment market. 83 FR 46886. In that RFI,
DOE sought information to better understand market trends and issues in
the emerging market for appliances and commercial equipment that
incorporate smart technology. DOE's intent in issuing the RFI was to
ensure that DOE did not inadvertently impede such innovation in
fulfilling its statutory obligations in setting efficiency standards
for covered products and equipment. DOE seeks comments, data, and
information on the issues presented in the September 2018 RFI as they
may be applicable to microwave ovens.
I. National Impact Analysis
The purpose of the NIA is to estimate aggregate impacts of
potential efficiency standards at the national level. Impacts reported
by DOE include the national energy savings (``NES'') from potential
standards and the national net present value (``NPV'') of the total
consumer benefits. The NIA considers lifetime impacts of potential
standards on microwave ovens shipped in a 30-year period that begins
with the expected compliance date for amended standards.
Analyzing impacts of potential amended energy conservation
standards for microwave ovens requires a comparison of projected U.S.
energy consumption with and without the amended standards. The
forecasts contain projections of annual appliance shipments, the annual
energy consumption of new microwave ovens, and the purchase price of
new microwave ovens.
A key component of DOE's estimates of NES and NPV would be the
microwave oven energy efficiency forecasted over time for the no-
standards case and each of the potential standards cases. In the June
2013 Final Rule, DOE based projections of no-standards-case shipment-
weighted efficiency (``SWEF'') for the microwave oven product classes
on growth rates determined from historical data provided by AHAM. 78 FR
36316, 36346. For a potential future rulemaking, DOE would expect to
consider recent trends in efficiency and
[[Page 39990]]
input from interested parties to update product energy efficiency
forecasts.
Issue I.1 DOE seeks market share data showing the percentage of
product shipments by efficiency level for each product class.
J. Manufacturer Impact Analysis
The purpose of the manufacturer impact analysis (``MIA'') is to
estimate the financial impact of amended energy conservation standards
on manufacturers of microwave ovens, and to evaluate the potential
impact of such standards on direct employment and manufacturing
capacity. The MIA includes both quantitative and qualitative aspects.
The quantitative part of the MIA primarily relies on the Government
Regulatory Impact Model (``GRIM''), an industry cash-flow model adapted
for microwave ovens, with the key output of industry net present value
(``INPV''). The qualitative part of the MIA addresses the potential
impacts of energy conservation standards on manufacturing capacity and
industry competition, as well as factors such as product
characteristics, impacts on particular subgroups of firms, and
important market and product trends.
As part of the MIA, DOE intends to analyze impacts of any amended
energy conservation standards on subgroups of manufacturers of covered
products, including small business manufacturers. DOE uses the Small
Business Administration's (``SBA'') small business size standards to
determine whether manufacturers qualify as small businesses, which are
listed by the applicable North American Industry Classification System
(``NAICS'') code.\10\ Manufacturing of microwave ovens is classified
under NAICS 335220, ``Major Household Appliance Manufacturing,'' and
the SBA sets a threshold of 1,500 employees or less for a domestic
entity to be considered as a small business. This employee threshold
includes all employees in a business' parent company and any other
subsidiaries.
---------------------------------------------------------------------------
\10\ Available online at: https://www.sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------
One aspect of assessing manufacturer burden involves examining at
the cumulative impact of multiple DOE standards and the product-
specific regulatory actions of other Federal agencies that affect the
manufacturers of a covered product or equipment. While any one
regulation may not impose a significant burden on manufacturers, the
combined effects of several existing or impending regulations may have
serious consequences for some manufacturers, groups of manufacturers,
or an entire industry. Assessing the impact of a single regulation may
overlook this cumulative regulatory burden. In addition to energy
conservation standards, other regulations can significantly affect
manufacturers' financial operations. Multiple regulations affecting the
same manufacturer can strain profits and lead companies to abandon
product lines or markets with lower expected future returns than
competing products. For these reasons, DOE conducts an analysis of
cumulative regulatory burden as part of its rulemakings pertaining to
appliance efficiency.
Issue J.1 To the extent feasible, DOE seeks the names and contact
information of any domestic or foreign-based manufacturers that
distribute microwave ovens in the United States.
Issue J.2 DOE identified small businesses as a subgroup of
manufacturers that could be disproportionally impacted by amended
energy conservation standards. DOE requests the names and contact
information of small business manufacturers, as defined by the SBA's
size threshold, of microwave ovens that distribute products in the
United States. In addition, DOE requests comment on any other
manufacturer subgroups that could be disproportionally impacted by
amended energy conservation standards. DOE requests feedback on any
potential approaches that could be considered to address impacts on
manufacturers, including small businesses.
Issue J.3 DOE requests information regarding the cumulative
regulatory burden impacts on manufacturers of microwave ovens
associated with (1) other DOE standards applying to different products
that these manufacturers may also make and (2) product-specific
regulatory actions of other Federal agencies. DOE also requests comment
on its methodology for computing cumulative regulatory burden and
whether there are any flexibilities it can consider that would reduce
this burden while remaining consistent with the requirements of EPCA.
K. Other Energy Conservation Standards Topics
1. Market Failures
In the field of economics, a market failure is a situation in which
the market outcome does not maximize societal welfare. Such an outcome
would result in unrealized potential welfare. DOE welcomes comment on
any aspect of market failures, especially those in the context of
amended energy conservation standards for microwave ovens.
2. Other
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of energy conservation standards
for microwave ovens not already addressed by the specific areas
identified in this document.
III. Submission of Comments
DOE invites all interested parties to submit in writing by
September 27, 2019, comments and information on matters addressed in
this document and on other matters relevant to DOE's consideration of
amended energy conservations standards for microwave ovens. After the
close of the comment period, DOE will review the public comments
received and may begin collecting data and conducting the analyses
discussed in this RFI.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office staff only. Your contact information will
not be publicly viewable except for your first and last names,
organization name (if any), and submitter representative name (if any).
If your comment is not processed properly because of technical
difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot
contact you for clarification, DOE may not be able to consider your
comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For
[[Page 39991]]
information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that
www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible. It is not necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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/courier two well-marked copies:
One copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
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).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in each stage of the rulemaking process. Interactions
with and between members of the public provide a balanced discussion of
the issues and assist DOE in the rulemaking process. Anyone who wishes
to be added to the DOE mailing list to receive future notices and
information about this process or would like to request a public
meeting should contact Appliance and Equipment Standards Program staff
at (202) 287-1445 or via email at
[email protected].
Signed in Washington, DC, on August 6, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy, Efficiency Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-17322 Filed 8-12-19; 8:45 am]
BILLING CODE 6450-01-P