[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41759-41766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16023]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / 
Proposed Rules  

[[Page 41759]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2017-BT-TP-0024]
RIN 1904-AE01


Energy Conservation Program: Test Procedure for Microwave Ovens

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

ACTION: Supplemental notice of proposed rulemaking and request for 
comment.

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SUMMARY: On November 14, 2019, the U.S. Department of Energy (``DOE'') 
published a notice of proposed rulemaking (``NOPR'') for the test 
procedure for microwave ovens. Following receipt of comments, DOE is 
publishing this supplemental notice of proposed rulemaking (``SNOPR'') 
for the limited purpose of clarifying the current procedure for testing 
a microwave oven that has a connected (i.e., network) function, which 
is generally to disable the connected function when measuring standby 
mode power consumption. Further, DOE proposes to explicitly specify in 
its test procedure that standby power be measured with the connected 
function enabled if the means for disabling the network function are 
not provided in the manufacturer's user manual. DOE is seeking comment 
from interested parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than September 2, 2021. See section V, ``Public 
Participation,'' for details.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2017-BT-TP-0024, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to [email protected]. Include docket number EERE-
2017-BT-TP-0024 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/
docket?D=EERE[dash]2017[dash]BT[dash]TP[dash]0024. The docket web page 
contains instructions on how to access all documents, including public 
comments, in the docket. See section V for information on how to submit 
comments through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1943. Email [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-1445. Email: [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
[email protected].

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Connected Functions
    B. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Submission of Comments
VI. Approval of the Office of the Secretary

I. Authority and Background

    ``Kitchen ranges and ovens,'' which include microwave ovens, are 
included in the list of ``covered products'' for which DOE is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6292(a)(10)) DOE's energy conservation 
standard for microwave ovens is currently prescribed at title 10 of the 
Code of Federal Regulations (``CFR'') part 430 section 430.32(j). 
Currently, the energy conservation

[[Page 41760]]

standard for microwave ovens addresses standby mode and off mode power 
use only. DOE's test procedures for microwave ovens are prescribed at 
10 CFR 430.23(i) and appendix I to subpart B of 10 CFR part 430 
(``Appendix I''). The following sections discuss DOE's authority to 
establish test procedures for microwave ovens and relevant background 
information regarding DOE's consideration of test procedures for this 
product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include microwave ovens, the subject of this document. (42 
U.S.C. 6292(a)(10))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby mode and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC 
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
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    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including microwave 
ovens, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency, energy 
use, and estimated operating costs during a representative average use 
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days.\5\ In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
SNOPR in accordance with the 7-year review requirement specified in 
EPCA. (42 U.S.C. 6293(b)(1)(A))
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    \5\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. In the present case, DOE 
initially provided 60 days for comment on the proposed rulemaking. 
84 FR 61835 (Nov. 11, 2019). DOE is providing an additional 30-day 
comment period for the supplemental proposal presented in this 
document.
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B. Background

    On November 14, 2019, DOE published a NOPR (``November 2019 NOPR'') 
that, in part, proposed to amend the standby mode test procedure of 
microwave ovens to explicitly provide that microwave ovens with 
connected functions (e.g., microwave ovens that use Bluetooth[supreg] 
technology, Wi-Fi, or internet connections) are to be tested with 
network functions disabled. 84 FR 61836, 61843. DOE further proposed 
that if the connected function cannot be disabled per manufacturer's 
instructions in the owner's manual (e.g., by pressing a button on the 
microwave oven's control panel), the energy use of such connected 
function need not be

[[Page 41761]]

reported to DOE nor used in determining compliance with the applicable 
energy conservation standard. Id. Aside from an alternative approach of 
generally subtracting the energy use of the network functions from the 
standby mode energy measurement, DOE did not propose a specific test 
method or calculation for disaggregating energy use from a connected 
function from standby energy use in those instances in which the 
connected function cannot be disabled per manufacturer's instructions. 
DOE held a public meeting via a webinar to present the proposed 
amendments and provide stakeholders an opportunity to comment.\6\
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    \6\ The transcript of the public meeting is available at 
www.regulations.gov/document?D=EERE-2017-BT-TP-0024-0011.
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    DOE received comments in response to the November 2019 NOPR from 
the interested parties listed in Table I.1.

                     Table I.1--Written Comments Received in Response to November 2019 NOPR
----------------------------------------------------------------------------------------------------------------
            Organization(s)               Reference in this SNOPR                Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance            AHAM....................  Trade Association.
 Manufacturers.
California Investor Owned Utilities      CA IOUs.................  Utility Association.
 (Pacific Gas and Electric Company, San
 Diego Gas and Electric, and Southern
 California Edison).
Natural Resources Defense Council,       Joint Commenters........  Efficiency Organizations.
 Appliance Standards Awareness Project,
 American Council for an Energy-
 Efficient Economy, National Consumer
 Law Center, Consumer Federation of
 America, Northwest Energy Efficiency
 Alliance.
Whirlpool Corporation..................  Whirlpool...............  Manufacturer.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\7\ 
This SNOPR addresses only those comments relevant to the proposals laid 
out in this document; all other relevant comments will be addressed in 
a future test procedure final rule for microwave ovens.
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    \7\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking for the test 
procedure for microwave ovens. (Docket No. EERE-2017-BT-TP-0024, 
which is maintained at www.regulations.gov). The references are 
arranged as follows: (commenter name, comment docket ID number, page 
of that document).
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II. Synopsis of the Notice of Proposed Rulemaking

    In this SNOPR, DOE revises its November 2019 NOPR proposal for 
testing microwave ovens with a connected function and specifies 
explicitly that if the manufacturer's user manual does not provide a 
means for disabling the network function, the microwave oven is tested 
with the network function in the factory default setting or in the as-
shipped condition.
    DOE has tentatively determined that this approach to testing 
microwave ovens with a connected function would not impact the measured 
standby energy use of a microwave oven nor impact the cost of testing. 
Discussion of DOE's proposed actions are addressed in detail in section 
III of this SNOPR.

III. Discussion

A. Connected Functions

    As stated, the energy conservation standard for microwave ovens at 
10 CFR 430.23(i) and the test procedure at Appendix I address standby 
mode and off mode energy use only. In establishing the standby energy 
test procedures for dishwashers, dehumidifiers, and conventional 
cooking products, DOE explicitly stated that it was not including the 
energy use associated with a connected function based on the lack of 
data on their functionality, but that DOE may consider addressing such 
energy use as data becomes available. 77 FR 65942, 65954 (Oct. 31, 
2012). DOE's most recent test procedure for microwave ovens did not 
address network functionality. 81 FR 91418 (Dec. 16, 2016).
    Section 2.1.3 of Appendix I generally specifies that a microwave 
oven must be installed in accordance with paragraph 5.2 of IEC Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' Edition 2.0, 2011-01 (IEC Standard 62301 (Second Edition)), 
which states that the product must be prepared and setup in accordance 
with manufacturer's instructions, and if no instructions for use are 
available, then factory or default settings must be used, or if such 
settings are not indicated, the product must be tested as supplied. DOE 
recognizes that there may be some confusion as to how the direction in 
section 2.1.3 applies to connected functions. In order to minimize 
potential confusion, DOE proposed to include explicit instruction in 
Appendix I to disable a connected function, if present. 84 FR 61836, 
61843.
    AHAM and Whirlpool expressed support for disabling connected 
features during testing. (AHAM, No. 15 at p. 4; Whirlpool, No. 16 at p. 
1) AHAM stated that connected functionalities, consumers' usage, and 
understanding of such features are still developing, and that 
regulating such features could stifle innovation, increase regulatory 
burden, and prevent manufacturers from including them. (AHAM, No. 15 at 
p. 4) AHAM further commented that connected features can add energy 
saving benefits to consumers, increase energy efficiency of the grid, 
help utilities increase demand response, and facilitate renewable 
energy sources; however, because connected products are still in early 
stages of development with limited market penetration, no meaningful 
data on consumer use is available yet. (AHAM, No. 15 at p. 4)
    CA IOUs disagreed with excluding the energy use from connected 
functions, stating that connected functions could qualify under EPCA's 
definition of standby mode by remotely facilitating the activation or 
deactivation of functions, including active mode. (CA IOUs, No. 14 at 
p. 1) CA IOUs further suggested that DOE consider California Energy 
Commission's (``CEC's'') low power mode data collection requirements, 
as well as low power requirements by the European Union (``EU'') and 
other jurisdictions, when investigating how to regulate connected 
functions' power consumption. (CA IOUs, No. 14 at p. 2)
    The Joint Commenters opposed excluding the energy use from 
connected functions, stating that this approach would deny consumers 
accurate information about microwave ovens' energy usage. (Joint 
Commenters, No. 13 at p. 3) The Joint Commenters stated that a growing 
number of connected features are being added to products, and that 
their energy consumption can vary widely. The Joint Commenters cited 
Natural Resources Defense Council research data showing a wide 
variation in the standby mode energy consumption of connected functions 
on televisions, ranging from 1 watt (``W'') on some models to 20 W on 
others. (Joint Commenters, No. 13 at pp.

[[Page 41762]]

3-4) The Joint Commenters further asserted that DOE's exclusion of 
energy use from connected features in the test procedure harms 
consumers and manufacturers that implemented these features 
efficiently. (Joint Commenters, No. 13 at p. 4) The Joint Commenters 
urged DOE to undertake its own investigation of the energy use of 
connected features. (Joint Commenters, No. 13 at p. 4)
    DOE is aware of microwave ovens on the market with connected 
functionality to communicate with other cooking products, such as a 
range, or with a consumer, either via voice commands or a smartphone or 
other device. Such a feature could consume additional energy use, 
depending on how it is implemented in the product's controls. However, 
DOE lacks sufficient data to design a test procedure that measures the 
energy use associated with a connected function that is representative 
of average use, as required by EPCA. (See 42 US.C. 6293(b)(3)) As 
stated in the November 2019 NOPR, for a unit that is connected to the 
internet, the speed and configuration of an internet connection could 
also impact the energy consumed by the device. 84 FR 61836, 61843. 
Based on a review of manufacturer websites and user manuals of various 
appliances, as well as testing conducted in-house and at third-party 
laboratories, connected features in microwave ovens are also 
implemented in a variety of ways across different brands similar to the 
Joint Commentators findings with regards to the implementation of 
standby mode in televisions. Id. Further, the design and operation of 
these features is continuously evolving as the nascent market begins to 
grow for these products. Id.
    In addition, DOE notes that the CEC's low power mode open 
rulemaking \8\ is still in an early development stage, during which CEC 
is actively seeking stakeholder feedback. CEC's stated goal for the low 
power mode open rulemaking is to develop a test procedure for low power 
mode energy consumption across a wide variety of products.
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    \8\ Available at https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=17-AAER-12.
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    DOE notes that CEC's draft test procedure does not measure the 
energy consumption of the individual network components of connected 
devices. Similarly, the EU's regulation on low power modes \9\ also 
does not address how to individually measure the energy consumption of 
the network components of connected devices; rather, it requires 
measuring the device energy consumption as a whole and provides a 0.5 W 
maximum power allowance for standby mode and off mode, or 1.0 W maximum 
standby power for units with a display. The EU's regulation also 
provides design requirements for networked standby mode, requiring 
connected devices to automatically switch to a networked standby mode 
when not in use.
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    \9\ Available at https://ec.europa.eu/info/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/energy-label-and-ecodesign/energy-efficient-products/mode-standby-and-networked-standby_en.
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    DOE is not aware of any data available, nor did interested parties 
provide any such data, regarding the consumer use of connected 
features. Absent such data, DOE is unable to establish a representative 
test configuration for assessing the energy consumption of connected 
functionality for microwave ovens. Therefore, DOE is proposing explicit 
language to require a connected function be disabled, where possible.
    DOE requests information and data on the consumer use of connected 
functions.
    In the November 2019 NOPR, DOE proposed a test procedure provision 
to address instances in which a user manual does not provide for 
disabling a connected function. 84 FR 61836, 61843. DOE proposed that 
in such an instance, the energy use associated with a connection 
function need not be reported to DOE nor used in determining compliance 
with the applicable energy conservation standard. Id. DOE recognized 
that alternative approaches could be considered to address the issue of 
microwave ovens that do not provide a means for disabling connected 
functionality and suggested that one such approach could be to require 
the energy use of the network function to be measured and subtracted 
from the standby mode energy measurement. Id. However, DOE did not 
propose a specific method for determining the energy associated with a 
connected function so that it could be disaggregated from the measured 
standby energy use.
    In certain microwave oven models, the circuitry that enables 
connected functions can be tightly integrated into the circuitry that 
provides core functionality. In these conditions, disabling connected 
functions would require extensive reconfiguration of a microwave oven's 
circuitry. For such a model, with no means for the consumer to disable 
the connected functions, a test procedure that is ``reasonably designed 
to produce test results which measure [the] energy use'' of that model 
``during a representative average use cycle or period of use'' would 
include the energy used by the connected functions. The same would be 
true of any energy-consuming function that a manufacturer might add to 
a model without allowing it to be disabled.
    Therefore, DOE is proposing to explicitly state in Appendix I that 
if manufacturer instructions provided in a microwave oven's user manual 
do not provide for disabling a connected function, the standby power 
test procedure is conducted with the connected function in the ``as-
shipped'' condition.
    To the extent that manufacturer instructions do not provide for 
disabling a connected function, this proposal is consistent with the 
current test procedure in Appendix I. Section 2.1.1 of Appendix I 
specifies that a microwave oven must be installed in accordance with 
paragraph 5.2 of IEC 62301 (Second Edition), which states that the 
product must be prepared and setup in accordance with manufacturer's 
instructions; and if no instructions are available, then the unit must 
be tested using factory or default settings, or, in case such settings 
are not indicated, the product must be tested as supplied.
    DOE requests comment on the proposed requirements for testing 
microwave ovens with network function in the ``as-shipped'' condition 
if the manufacturer instructions do not provide for disabling such 
function.
    DOE is maintaining its proposal from the November 2019 NOPR 
regarding the standby power provisions related to microwave oven clock 
display and will address this proposal in a future test procedure final 
rule. 84 FR 61836, 61841-61842.

B. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) DOE proposes to add an introductory 
note to Appendix I specifying that prior to the date 180 days after 
publication of a final rule, representations with respect to the energy 
use or efficiency of a microwave oven, including compliance 
certifications, must be based on testing conducted in accordance with 
either the

[[Page 41763]]

test procedure as amended by the final rule, or Appendix I as it 
appeared as of January 1, 2021. Beginning on the date 180 days after 
publication of a final rule, representations with respect to energy use 
or efficiency of a microwave oven, including compliance certifications, 
would be required to be based on testing conducted in accordance with 
the test procedure as amended by the final rule.
    If DOE were to publish an amended test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. Id.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this proposed test procedure rulemaking does not constitute a 
``significant regulatory action'' under section 3(f) of Executive Order 
(``E.O.'') 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 
1993). Accordingly, this action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs 
(``OIRA'') in OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: https://energy.gov/gc/office-general-counsel.
    DOE reviewed this proposal to amend the test procedures for 
microwave ovens under the provisions of the Regulatory Flexibility Act 
and the procedures and policies published on February 19, 2003. DOE 
certifies that this proposed rule does not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this certification is set forth in the following paragraphs.
    DOE uses the Small Business Administration's (``SBA'') small 
business size standards to determine whether manufacturers qualify as 
small businesses, which are listed by the North American Industry 
Classification System (``NAICS'') and are available at www.sba.gov/document/support-table-size-standards. The SBA considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. The NAICS code for microwave ovens is 335220, major household 
appliance manufacturing. The threshold number for NAICS code 335220 is 
1,500 employees. This employee threshold includes all employees in a 
business's parent company and any other subsidiaries.
    Most of the manufacturers supplying microwave ovens are either 
large multinational corporations or overseas microwave oven original 
equipment manufacturers (``OEMs'') that manufacture microwave ovens 
sold under another company's brand. DOE conducted a focused inquiry 
into small business manufacturers of products covered by this 
rulemaking. DOE primarily used DOE's Compliance Certification Database 
for microwave ovens to create a list of companies that sell microwave 
ovens covered by this rulemaking in the United States. DOE also used 
the California Energy Commission's database, Modernized Appliance 
Efficiency Database System, to correlate brands with OEMs. DOE 
identified a total of 48 distinct companies that manufacture or import 
microwave ovens in the United States.
    DOE then reviewed these companies to determine whether the entities 
met the SBA's definition of ``small business'' and screened out any 
companies that do not manufacture products covered by this rulemaking, 
do not meet the definition of a ``small business,'' or are foreign-
owned and operated. Based on this review, DOE identified one potential 
small business that manufactures microwave ovens in the United States.
    The amendments proposed in this SNOPR would provide more explicit 
direction for the testing of microwave ovens with a connected function. 
The test procedure amendments proposed in this SNOPR are consistent 
with the current test procedure in Appendix I and do not affect the 
small business manufacturer because it does not make microwave ovens 
with network functions.
    Therefore, DOE initially concludes that the impacts of the proposed 
test procedure amendments proposed in this SNOPR would not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of an IRFA is not warranted. DOE 
will transmit the certification and supporting statement of factual 
basis to the Chief Counsel for Advocacy of the Small Business 
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of microwave ovens must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including microwave ovens. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The proposal in this SNOPR would not amend the existing reporting 
requirements or establish new reporting requirements for manufacturers 
of microwave ovens.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    DOE is analyzing this proposed regulation in accordance with the 
National Environmental Policy Act of 1969 (``NEPA'') and DOE's NEPA 
implementing regulations (10 CFR part

[[Page 41764]]

1021). DOE's regulations include a categorical exclusion for 
rulemakings interpreting or amending an existing rule or regulation 
that does not change the environmental effect of the rule or regulation 
being amended. 10 CFR part 1021, subpart D, Appendix A5. DOE 
anticipates that this rulemaking qualifies for categorical exclusion A5 
because it is an interpretive rulemaking that does not change the 
environmental effect of the rule and otherwise meets the requirements 
for application of a categorical exclusion. See 10 CFR 1021.410. DOE 
will complete its NEPA review before issuing the final rule.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May

[[Page 41765]]

22, 2001), requires Federal agencies to prepare and submit to OMB, a 
Statement of Energy Effects for any proposed significant energy action. 
A ``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of microwave ovens is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    DOE is not proposing any new incorporations by reference of 
commercial standards in this SNOPR. The proposed modifications to the 
test procedure for microwave ovens in this SNOPR do not incorporate any 
new commercial standard.

M. Description of Materials Incorporated by Reference

    The proposal in this SNOPR would maintain the previously approved 
incorporation by reference of IEC Standard 62301, ``Household 
electrical appliances--Measurement of standby power,'' Edition 2.0, 
2011-01 (IEC Standard 62301 (Second Edition)). The incorporation by 
reference of IEC 62301 (Second Edition) in appendix I to subpart B of 
10 CFR part 430 has already been approved by the Director of the 
Federal Register and there are no proposed changes to the incorporation 
by reference in this SNOPR.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information on a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE

[[Page 41766]]

will make its own determination about the confidential status of the 
information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on July 22, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on July 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

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

0
2. Appendix I to subpart B of part 430 is amended by:
0
a. Adding an introductory note; and
0
b. Revising section 2.1.1;
    The addition and revision read as follows:

Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Cooking Products

    Note: Prior to [Date 180 days after publication of a final 
rule], representations with respect to the energy use or efficiency 
of a microwave oven, including compliance certifications, must be 
based on testing conducted in accordance with either this appendix 
as it now appears or appendix I as it appeared at 10 CFR part 430, 
subpart B revised as of January 1, 2021. Beginning on [Date 180 days 
after publication of a final rule] representations with respect to 
energy use or efficiency of a microwave oven, including compliance 
certifications, must be based on testing conducted in accordance 
with this appendix.
* * * * *
    2.1.1 Microwave ovens, excluding any microwave oven component of 
a combined cooking product. Install the microwave oven in accordance 
with the manufacturer's instructions and connect to an electrical 
supply circuit with voltage as specified in section 2.2.1 of this 
appendix. Install the microwave oven in accordance with section 5, 
paragraph 5.2 of IEC 62301 (Second Edition) (incorporated by 
reference; see Sec.  430.3), disregarding the provisions regarding 
batteries and the determination, classification, and testing of 
relevant modes. If the microwave oven can communicate through a 
network (e.g., Bluetooth[supreg] or internet connection), disable 
the network function, by means provided in the manufacturer's user 
manual, for the duration of testing. If the manufacturer's user 
manual does not provide a means for disabling the network function, 
test the microwave oven with the network function in the factory 
default setting or in the as-shipped condition as instructed in 
Section 5, Paragraph 5.2 of IEC 62301 (Second Edition). The clock 
display must be on, regardless of manufacturer's instructions or 
default setting or supplied setting. The clock display must remain 
on during testing, unless the clock display powers down 
automatically with no option for the consumer to override this 
function. Install a watt meter in the circuit that meets the 
requirements of section 2.6.1.1 of this appendix.
* * * * *
[FR Doc. 2021-16023 Filed 8-2-21; 8:45 am]
BILLING CODE 6450-01-P