[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Proposed Rules]
[Pages 71406-71409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27136]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2021-BT-TP-0023]
RIN 1904-AF18


Energy Conservation Program: Test Procedures for Cooking Products

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

ACTION: Notice of proposed rulemaking; extension of public comment 
period and notification of data availability (NODA).

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is extending the public 
comment period for the notice of proposed rulemaking (``NOPR'') that 
DOE published on November 4, 2021 regarding a proposal for a new test 
procedure for conventional cooking tops, a category of cooking 
products, that would replace the procedure that DOE withdrew on August 
18, 2020. DOE is also publishing a NODA regarding the results of DOE's 
recently completed test program assessing the repeatability and 
reproducibility of the proposed test procedure. DOE is publishing the 
results of its testing and requests comment, data, and information 
regarding the results.

DATES: The comment period for the NOPR which published on November 4, 
2021 (86 FR 60974), is extended. DOE will accept comments, data, and 
information regarding the NOPR and NODA on or before January 18, 2022.

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-2021-BT-TP-0023, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected]. Include the docket number 
EERE-2021-BT-TP-0023 in the subject line of the message.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III 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 coronavirus 2019 (``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 for this activity, 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/EERE-2021-BT-TP-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 
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) 287-6122. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Summary of Additional Testing Performed by DOE
III. Extension of the Comment Period

I. Background

    DOE originally established test procedures for cooking products in 
a final rule published in the Federal Register on May 10, 1978. 43 FR 
20108, 20120-20128. In the years following, DOE amended the test 
procedure for conventional cooking tops on several

[[Page 71407]]

occasions. Those amendments included the adoption of standby and off 
mode provisions in a final rule published on October 31, 2012. 77 FR 
65942.
    In a final rule published December 16, 2016 (``December 2016 Final 
Rule''), DOE amended 10 CFR part 430 to incorporate by reference, for 
use in the conventional cooking tops test procedure, the relevant 
sections of Committee for Electrotechnical Standardization Standard 
60350-2:2013, ``Household electric appliances--Part 2: Hobs--Method for 
measuring performance'' (``EN 60350-2:2013''), which uses a water-
heating test method to measure the energy consumption of electric 
cooking tops. 81 FR 91418. The December 2016 Final Rule also extended 
the water-heating test method specified in EN 60350-2:2013 to gas 
cooking tops. Id.
    On August 18, 2020, DOE published a final rule (``August 2020 Final 
Rule'') withdrawing the test procedure for conventional cooking tops. 
85 FR 50757. DOE initiated the rulemaking for the August 2020 Final 
Rule in response to a petition for rulemaking submitted by the 
Association of Home Appliance Manufacturers (``AHAM''), in which AHAM 
asserted that the then-current test procedure for gas cooking tops was 
not representative, and, for both gas and electric cooking tops, had 
such a high level of variation that it did not produce accurate results 
for certification and enforcement purposes and did not assist consumers 
in making purchasing decisions based on energy efficiency (``AHAM 
petition''). 85 FR 50757, 50760; see also 80 FR 17944 (Apr. 25, 2018).
    DOE withdrew the test procedure for conventional cooking tops 
because testing conducted by DOE and outside parties using that test 
procedure yielded inconsistent results. 85 FR 50757, 50760. As 
described in the August 2020 Final Rule, DOE's test data for electric 
cooking tops showed only small variations (within tests conducted at a 
single laboratory) while lab-to-lab test results submitted by AHAM 
showed high levels of variation for gas and electric cooking tops, 
indicating that the test may not have been reproducible across labs. 
Id. at 85 FR 50763. DOE was not able to identify the cause of 
variation. Id. DOE determined that the inconsistency in test results 
indicated that the results were unreliable, and that it was unduly 
burdensome to retain the procedure and require cooking top tests be 
conducted using that test method without further study to resolve those 
inconsistencies. Id. at 85 FR 50760. In January 2020, DOE initiated a 
round robin test program to further investigate the water-heating 
approach and the issues raised in the AHAM petition.\1\
---------------------------------------------------------------------------

    \1\ This testing was conducted according to the cooking top test 
procedure, as published in December 2016.
---------------------------------------------------------------------------

    DOE published a NOPR on November 4, 2021 (``November 2021 NOPR'') 
in which it presented results from the initial round robin test program 
and proposed to reestablish a test procedure for conventional cooking 
tops. 86 FR 60974. The proposed test procedure would adopt the latest 
version of the relevant industry standard \2\ with modifications to 
adapt the test method to gas cooking tops, offer an optional method for 
burden reduction, normalize the energy use of each test cycle, include 
measurement of standby mode and off mode energy use, update certain 
test conditions, and provide certain clarifying language. Id.
---------------------------------------------------------------------------

    \2\ International Electrotechnical Commission (``IEC'') Standard 
60350-2 (Edition 2.0 2017-08), ``Household electric cooking 
appliances--Part 2: Hobs--Methods for measuring performance.''
---------------------------------------------------------------------------

    The results of the initial round robin testing initiated in January 
2020 were presented in Table III.1 and Table III.2 of the November 2021 
NOPR. 86 FR 60974, 60979-60980. The results of this testing showed 
repeatability and reproducibility coefficients of variation (``COVs'') 
under 2 percent for electric cooking tops tested at certified 
laboratories. Id. at 86 FR 60980. In the November 2021 NOPR, DOE also 
observed that for gas cooking tops, the repeatability COVs were of 0.3-
3.7 percent and the reproducibility COVs ranged from 4.0 to 8.9 
percent. Id.

II. Summary of Additional Testing Performed by DOE

    Following the August 2020 Final Rule, in May 2021, DOE initiated a 
second round robin test program in response to changes to electric 
cooking tops on the market and to evaluate potential variability in 
testing gas cooking tops. This NODA presents the results from the 
second round robin test program.
    For the second round robin test program, DOE conducted two 
replications of the test procedure according to the test procedure 
proposed in the November 2021 NOPR, using the same three certified test 
laboratories as were used in the initial round robin testing, and using 
four out of the five gas cooking tops that were used during the initial 
round robin testing.\3\
---------------------------------------------------------------------------

    \3\ Due to time constraints, Unit #11 in the test sample was not 
tested at Laboratory B, but was instead tested at Laboratory E, a 
non-certified test laboratory which has experience testing electric 
cooking tops.
---------------------------------------------------------------------------

    DOE included one electric-coil cooking top that meets the most 
recent version of the relevant industry safety standard in its second 
round robin. In response to AHAM's petition, Whirlpool submitted 
comments regarding the frequency of heating element cycling, stating 
that the introduction of a ``coil surface unit cooking oil ignition 
test'' to the 16th edition of the Underwriters Laboratory (``UL'') 
standard 858, ``Household Electric Ranges Standard for Safety'' (``UL 
858'') resulted in manufacturers making design changes to electric-coil 
cooking tops that increased cycling frequency over shorter durations in 
order to maintain a constant temperature. (Whirlpool, EERE-2018-BT-TP-
0004, No. 20 at pp. 2-3) \4\ The 16th edition of UL 858 published on 
November 7, 2014. On June 18, 2015, UL issued a revision to UL 858 that 
added a new performance requirement for electric-coil cooking tops 
intended to address unattended cooking, the ``Abnormal Operation--Coil 
Surface Unit Cooking Oil Ignition Test.'' This revision had an 
effective date of April 4, 2019. Because the electric-coil cooking top 
in DOE's initial round robin testing was purchased prior to that 
effective date, DOE could not be certain whether that test unit 
contained design features that would meet the performance 
specifications in the 2015 revision of UL 858. To address the lack of 
test data on electric-coil cooking tops that comply with the 2015 
revision of the UL 858 safety standard, DOE included one electric-coil 
cooking top meeting the 2015 revision of UL 858 in its second round 
robin (labeled as Unit #11 in the test data).
---------------------------------------------------------------------------

    \4\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking regarding test 
procedures for conventional cooking tops. The references are 
arranged as follows: (Commenter name, comment docket ID number, page 
of that document). (Docket No. EERE-2018-BT-TP-0004, which is 
maintained at www.regulations.gov/docket/EERE-2018-BT-TP-0004).
---------------------------------------------------------------------------

    To address the reproducibility concerns with the prior gas cooking 
top test results, DOE tested four gas cooking tops. As discussed in the 
November 2021 NOPR, several of the proposed test procedure provisions 
were intended to specifically reduce the testing variability for gas 
cooking tops.
    The results from testing the electric cook tops and the gas cook 
tops are as follows. DOE observed that an electric-coil cooking top 
meeting the 2015 update of the UL 858 safety standard had repeatability 
COVs under 1 percent, and a reproducibility COV under 3 percent. DOE 
also observed that the repeatability COV for gas cooking tops

[[Page 71408]]

decreased to values under 2 percent (compared to a maximum of 3.7 
percent from the first round robin), and the reproducibility COV for 
gas cooking tops decreased to values largely under 4 percent, with a 
maximum of 5.3 percent (compared to a maximum of 8.9 percent from the 
first round robin).
    DOE notes that the average annual energy use as measured under the 
test procedure proposed in the November 2021 NOPR differs substantively 
from the average annual energy use measured for a given cooking top in 
the initial round robin, due primarily to the update in the number of 
annual cooking top cycles from 214.F5 cycles per year for gas cooking 
tops in the test procedure as published in December 2016 to 418 cycles 
per year as proposed in the November 2021 NOPR.\5\ 86 FR 60974, 60994.
---------------------------------------------------------------------------

    \5\ Other proposals in the November 2021 NOPR likely to impact 
annual energy use include the starting water temperature (15 degrees 
Celsius (``[deg]C'') in the procedure as published in December 2016, 
and 25 [deg]C in the proposed test procedure), the normalization of 
the per-cycle energy use to account for the final water temperature, 
and the update test vessel selection criteria.
---------------------------------------------------------------------------

    As also discussed in the November 2021 NOPR, DOE proposed a target 
power density for the optional potential simmering setting pre-
selection test for gas cooking tops of 4.0 British thermal units per 
hour per square centimeter. Id. at 86 FR 60990. This proposal was based 
on the estimated power density for gas cooking top tests conducted as 
part of the initial round robin. As part of the second round robin 
testing on gas cooking tops, DOE has collected additional data on the 
measured power density of the minimum-above-threshold input setting and 
the maximum-below-threshold input setting for all four tested gas 
cooking tops, which may be compared to the proposed target power 
density.
    The test data are available in the docket for this proposed 
rulemaking at: www.regulations.gov/document/EERE-2021-BT-TP-0023-0004.

III. Extension of the Comment Period

    For the November 2021 NOPR, comments were originally due no later 
than January 3, 2022. In light of this NODA, DOE has determined that it 
is appropriate to extend the comment period to allow additional time 
for interested parties to prepare and submit comments. Therefore, DOE 
is extending the comment period and will accept comments, data, and 
information on the November 2021 NOPR and this NODA on and before 
January 18, 2022.
    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. 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 two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Signing Authority

    This document of the Department of Energy was signed on December 9, 
2021, by Kelly J. Speakes-Backman, Principal Deputy 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

[[Page 71409]]

administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on December 10, 2021
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-27136 Filed 12-15-21; 8:45 am]
BILLING CODE 6450-01-P