[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Rules and Regulations]
[Pages 18261-18272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06451]
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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: Final rule.
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SUMMARY: In this final rule, DOE is amending its test procedure for
microwave oven standby mode and off mode to provide additional
specifications for the test conditions related to clock displays and
network functions. DOE is not prescribing an active mode test procedure
for microwave ovens at this time.
DATES: The effective date of this rule is April 29, 2022. The final
rule changes will be mandatory for product testing starting September
26, 2022. The incorporation by reference of certain other publications
listed in this rulemaking was approved by the Director of the Federal
Register on December 17, 2012.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, 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.
A link to the docket web page can be found at www.regulations.gov/docket?D=EERE-2017-BT-TP-0024. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
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].
[[Page 18262]]
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].
SUPPLEMENTARY INFORMATION: DOE maintains the following previously
approved incorporation by reference in 10 CFR part 430:
International Electrotechnical Commission Standard 62301 (Second
Edition), (``IEC 62301), ``Household electrical appliances--Measurement
of standby power,'' (Edition 2.0 2011-01).
Copies of the second edition of IEC 62301 can be obtained from the
International Electrotechnical Commission webstore or by going to
www.webstore.iec.ch/home.
See section IV.N of this document for a discussion of this
standard.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
C. Active Mode Test Methods
D. Standby Mode and Off Mode Test Methods
1. Displays and Clocks
2. Connected Functions
E. Integrated Annual Energy Consumption Metric
F. Section Title and Cross-References
G. Effective and Compliance Dates
H. Test Procedure Costs
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
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. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
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 currently prescribed at
title 10 of the Code of Federal Regulations (``CFR'') 430.32(j). 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 Infrastructure Investment and Jobs Act,
Public Law 117-58 (Nov. 15, 2021).
\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 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 under EPCA (42 U.S.C. 6295(s)), and (2)
making representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any 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 provides that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use (as determined by the Secretary) and shall 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 into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.) 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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If DOE determines that a test procedure amendment is warranted, it
must publish a proposed test procedure and offer the public an
opportunity to present oral and written comments on it. (42 U.S.C.
6293(b)(2))
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
[[Page 18263]]
use cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary
determines, on his 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. 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 final rule in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE's test procedure for microwave ovens is codified at appendix I,
titled ``Uniform Test Method for Measuring the Energy Consumption of
Cooking Products.'' The microwave oven test procedure measures energy
use in standby mode and off mode but does not include an active mode
test.
On January 18, 2018, DOE published a request for information
(``January 2018 RFI'') describing the requirements for the microwave
oven test procedure and requesting information on certain topics
related to microwave oven displays and clocks, and whether amendments
were needed to address microwave ovens with network functions, which
may affect the standby mode energy consumption. DOE also discussed the
previous active mode test procedure proposal from a NOPR published
February 4, 2013 (``February 2013 NOPR''; 78 FR 7940) and requested
information on the feasibility of pursuing active cooking mode and fan-
only mode test methods for microwave-only ovens and convection
microwave ovens. 83 FR 2566.
On November 14, 2019, DOE published a NOPR (``November 2019
NOPR''), in which it responded to comments received in response to the
January 2018 RFI and proposed to amend the standby mode test procedure
by specifying that connected units are to be tested with network
functions disabled; and that units with clock displays are to be tested
with the display on, unless the product powers down the clock display
automatically and provides no available setting to allow the consumer
to prevent the clock display from powering down automatically. 84 FR
61836, 61839-61840. DOE also initially determined that an active mode
test that produced repeatable and representative results without being
unduly burdensome was not available, and therefore did not propose to
incorporate an active mode test. 84 FR 61836, 61841. DOE held a public
meeting via a webinar to present the proposed amendments and provide
stakeholders an opportunity to comment.\5\
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\5\ 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
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Organization(s) Reference in this NOPR Organization type
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Association of Home Appliance AHAM.................... Trade Association.
Manufacturers.
(Pacific Gas and Electric Company, San CA IOUs................. Utility Association.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
Natural Resources Defense Council, NOPR 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.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to amend test
procedures 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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On August 3, 2021, DOE published a supplemental notice of proposed
rulemaking (``August 2021 SNOPR''), in which DOE revised its November
2019 NOPR proposal for testing microwave ovens with a connected
function and specified explicitly that if means for disabling the
network functions are not provided, the microwave oven will be tested
with the network function in the factory default setting or in the as-
shipped condition. 86 FR 41759, 41762.
DOE received comments in response to the August 2021 SNOPR from the
interested parties listed in Table I.2.
Table I.2--Written Comments Received in Response to August 2021 SNOPR
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Organization(s) Reference in this NOPR Organization type
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Association of Home Appliance AHAM.................... Trade Association.
Manufacturers.
Pacific Gas and Electric Company, San CA IOUs................. Utility Association.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
Appliance Standards Awareness Project, SNOPR Joint Commenters.. Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Consumer Federation
of America, National Consumer Law
Center, Northwest Energy Efficiency
Alliance.
Underwriters Laboratories.............. UL...................... Efficiency Organization.
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[[Page 18264]]
II. Synopsis of the Final Rule
In this final rule, DOE amends appendix I as follows:
Adds the introductory note; and
Amends the current microwave oven standby mode test
procedure by adding specifications for the status of network functions
and clock displays during testing.
The adopted amendments are summarized in Table II.1 compared to the
current test procedure, as well as the reason for the adopted change.
Table II.1--Summary of Changes in the Amended Test Procedure
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Current DOE test procedure Amended test procedure Attribution
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No introductory note to Introductory note
communicate effective provides instructions Improve ease of
compliance dates on compliance dates compliance
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Referenced paragraph 5.2 of Specifies that the To improve
IEC 62301 (Second Edition), microwave oven must representativen
which specifies that the be tested with the ess.
product must be tested in clock display on,
accordance with regardless of the
manufacturer's instructions manufacturer's
or using default settings if instruction or
no instructions are default setting or
available. If there are no supplied setting,
instructions and if default unless the clock
settings are not indicated, display powers down
then the microwave oven is automatically and the
tested as supplied. product provides no
setting that allows
the consumer to
prevent such
automatic power down.
Did not include instructions Specifies that if To prevent, when
for or require the present, connected possible,
measurement of energy use functionality must be unintended
associated with connected disabled per measurement of
functionality, but may have manufacturer's energy use
captured the energy use instructions. If it associated with
associated with connected cannot be disabled by connected
functionality if such the end-user, then functionality,
features were enabled by the basic model must and thereby
default or if manufacturer be tested in the ensure
instructions specified that factory `default' reproducibility
the connected features be setting or in the as- and
turned on. shipped condition. comparability
of test
results.
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DOE has determined, as discussed in section III.H of this document,
that of the amendments described in section III and adopted in this
document, the direction requiring connected functions to be disabled
will result in a lowered energy use for microwave ovens that ship with
connected functions enabled by default but includes ways for the user
to turn it off. DOE did not identify any basic model that will require
retesting and recertification as a result of DOE's adoption of the
amendment. DOE has also determined that the test procedure will not be
unduly burdensome to conduct. Discussion of DOE's actions are addressed
in detail in section III of this document.
The effective date for the amended test procedure adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedure
beginning 180 days after the publication of this final rule.
III. Discussion
In this test procedure final rule, DOE is adopting some of the
proposed changes to appendix I from the November 2019 NOPR and the
August 2021 SNOPR. The test procedure established in this final rule
improves the representativeness and repeatability for microwave oven
standby mode and off mode testing, which is discussed further in
section III.C of this document. As discussed in the November 2019 NOPR
(84 FR 61836, 61840-61841) and section III.B of this document, DOE is
not establishing an active mode test procedure for microwave ovens in
this final rule.
A. Scope of Applicability
This rulemaking applies to microwave ovens, which DOE defines as a
category of cooking products that 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. 10 CFR 430.2. DOE is not amending the scope of the
microwave oven test procedure.
B. Updates to Industry Standards
The test procedure for microwave ovens at appendix I incorporates
by reference certain provisions of the first and second editions of IEC
62301 \7\ regarding test conditions, equipment, setup, and methods for
measuring standby mode and off mode power consumption. In the November
2019 NOPR, DOE requested comments on the degree to which the DOE test
procedure should consider and be harmonized further with IEC 62301
(Second Edition). DOE also requested comments on whether and to what
degree DOE should consider and harmonize the Federal test procedure for
microwaves with other industry standards such as IEC 60705 Ed. 4.2. 84
FR 61844, 61845.
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\7\ The average power sampling method used for non-stable
standby load in the second edition of IEC 62301 would conflict with
DOE's current average power approach, which is referenced from the
first edition of IEC 62301.
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In response to the November 2019 NOPR, AHAM reiterated its opinion
that the current level of IEC standards harmonization is appropriate,
and DOE should not require the clocks and displays to be on during
testing or incorporate active mode test provisions. (AHAM, No. 15 at
pp. 4-5) Whirlpool expressed its support of AHAM's comments and agrees
that DOE should not incorporate IEC 60705 Ed. 4.2 active mode test
methods. (Whirlpool, No. 16 at p. 1)
DOE further reviewed IEC 62301 and did not identify any additional
provisions in the industry test procedure that would be appropriate for
or improve the DOE test procedure. As such, DOE maintains its current
level of harmonization with IEC 62301.
Additionally, for the reasons discussed in section III.B of this
document, DOE is not establishing an active mode test procedure for
microwave ovens. Consideration of harmonization with IEC 60705 Ed. 4.2
is therefore unwarranted at this time.
C. Active Mode Test Methods
In the November 2019 NOPR, DOE initially determined that
incorporating an active mode test procedure for microwave ovens based
on IEC Standard 60705 ``Household microwave ovens--Methods for
measuring performance'' Edition 4.2 (``IEC 60705 Ed. 4.2'') would
[[Page 18265]]
be unduly burdensome, stating that the expected increase in testing
cost resulting from increased testing time and the potential need for
new laboratory equipment and facility upgrades would not be justified,
especially because the circumstances that previously led DOE to
determine that an active mode energy conservation standard for
microwave oven would not be technologically feasible and economically
justified \8\ have not changed substantially. 84 FR 61836, 61841.
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\8\ In a final rule published on April 8, 2009, DOE concluded
that an active mode energy conservation standard for microwave ovens
would not be economically justified. In particular, the benefits of
energy savings would be outweighed by the large decrease in the net
present value of consumer impacts, the economic burden on many
consumers, and the large capital conversion costs that could result
in a reduction in industry net present value for manufacturers. 74
FR 16040, 16087.
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In response to the November 2019 NOPR, AHAM expressed its support
of DOE's proposed decision to not include active mode energy testing
for microwave ovens, stating it would be unduly burdensome to conduct
with minimal benefit to energy savings. AHAM estimated a five to six
times increase in testing time as well as a significant amount of
additional cost to acquire new equipment and update facilities. AHAM
further commented that because no technology options can yet reduce
microwave ovens' active mode energy use, and no other countries require
an active mode test procedure, DOE should not amend the test procedure
at this time. (AHAM, No. 15 at pp. 2-3) \9\ Whirlpool expressed its
support of AHAM's comments by stating that it agrees that DOE should
not incorporate IEC 60705 Ed. 4.2 active mode test methods. (Whirlpool,
No. 16 at p. 1)
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\9\ A notation in the form ``AHAM, No. 15 at pp. 2-3''
identifies a written comment: (1) Made AHAM; (2) recorded in
document number 15 that is filed in the docket of this test
procedure rulemaking (Docket No. EERE-2017-BT-TP-0024, available for
review at www.regulations.gov); and (3) which appears on pages 2-3
of document number 15.
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The CA IOUs and the NOPR Joint Commenters support establishment of
an active mode test procedure. The CA IOUs referred to a 2014 study
\10\ that found 80 percent of microwave ovens' annual unit energy
consumption occurs in active mode. (CA IOUs, No. 14 at p. 2) The NOPR
Joint Commenters asserted, based in part on data from DOE, that 90
percent of a microwave oven's annual energy use is consumed in active
mode.\11\ (NOPR Joint Commenters, No. 13 at p. 2) The NOPR Joint
Commenters stated that that the least energy efficient model consumes
32 percent more energy to heat test loads when compared to the most
efficient model. (Id.) The CA IOUs and NOPR Joint Commenters
recommended that DOE consider adopting the active mode test procedure
prescribed in IEC 60705 Ed. 4.2, with the CA IOUs stating that DOE's
current test procedure does not measure the representative energy
efficiency of models with new features such as ``inverter microwaves.''
(CA IOUs, No. 14 at p. 2) The NOPR Joint Commenters recommended DOE
further investigate the IEC 60705 Ed. 4.2 test procedure, by measuring
testing time, estimating test burden, and exploring potential
modifications to determine the associated testing burden. (NOPR Joint
Commenters, No. 13 at pp. 2-3) The NOPR Joint Commenters commented that
while test burden can be a concern, DOE's responsibility is not to
minimize all possible testing burdens irrespective of all other
factors. (NOPR Joint Commenters, No. 13 at p. 3)
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\10\ Teddy Kisch, Arshak Zakarian, and Nate Dewart. ``Literature
Review of Miscellaneous Energy Loads (MELs) in Residential
Buildings.'' (CALMAC Study ID: SCE0360.01) Available at
www.calmac.org/publications/MEL_Literature_Review_6_10_14.pdf.
\11\ In a prior investigation of an active mode test procedure
DOE estimated that approximately 75 percent of the annual energy use
of microwaves is the result of active mode use. See 78 FR 7940,
7950. DOE understands the value presented by NOPR Joint Commenters
is based on the current microwave-only and countertop microwave oven
standby energy standard, which is different from the estimated 2.7 W
average standby power for all microwave ovens, as used by DOE's
original analysis from 2013.
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As an initial matter, DOE will adopt industry test standards as DOE
test procedures for covered products and equipment, unless such
methodology would be unduly burdensome to conduct or would not produce
test results that reflect the energy efficiency, energy use, water use
(as specified in EPCA) or estimated operating costs of that equipment
during a representative average use cycle. 10 CFR part 430 subpart C
appendix A section 8(c) (see also 42 U.S.C. 6293(b)(3)). As explained
in the following paragraphs, DOE has determined that adoption of IEC
60705 Ed. 4.2 would not meet the statutory requirements.
The CA IOUs suggested DOE consider inverter technology. DOE
considered both the circumstances under which this technology can be
more efficient and data DOE obtained from testing inverter-based
microwaves under the 2006 version of IEC 60705. The NOPR Joint
Commenters suggested DOE consider the newer 4.2 edition of IEC 60705.
After comparing the 2006 and 4.2 editions and considering the data and
the circumstances under which inverter technology can improve
efficiency, DOE declines to adopt an active mode test procedure.
Inverter power supplies have the potential to improve cooking
efficiency when microwave ovens operate at less than 100-percent power.
However, IEC 60705 Ed. 4.2 would not capture any such efficiency
because it measures cooking efficiencies only at full power. DOE tested
inverter-based microwave ovens according to the 2006 version of IEC
60705 and found there was no correlation to allow DOE to draw a
conclusion about their efficiencies compared to non-inverter units at
full power.\12\ (See chapter 5 of the 2008 Technical Support Document)
DOE's test results from IEC 60705-2006 remain valid because the testing
methodologies used in IEC 60705-2006 and IEC 60705 Ed. 4.2 are
substantively the same. DOE has thoroughly analyzed IEC 60705 Ed. 4.2,
and found the changes since the 2006 version were mostly editorial,
with additional minor edits to measurement requirements and ambient
condition tolerances.
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\12\ U.S. Department of Energy, Notice of Proposed Rulemaking
Technical Support Document (TSD): Residential Dishwashers,
Dehumidifiers, Cooking Products, and Commercial Clothes Washers
(Oct. 2008) Chapter 5, Section 5.6.1.3. This document is available
at: www.regulations.gov/document?D=EERE-2006-STD-0127-0070.
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DOE declines to incorporate IEC 60705 Ed. 4.2 as an active mode
test procedure because doing so would not capture the potential energy
efficiency improvements of the inverter technology at less than 100-
percent power loading conditions. Another obstacle to measuring energy
usage at less than full load is a lack of data about consumer usage. To
develop a test procedure that measures active mode energy efficiency
during a representative average use cycle or period of use that
includes operation at less than full load (i.e., operation at less than
maximum power), DOE would need consumer usage data on microwave use at
less than full load to define a representative average use cycle. DOE
neither has nor is aware of such data. DOE does not adopt a test
procedure for measuring active mode energy consumption in this
rulemaking for two reasons. First, IEC 60705 Ed. 4.2 does not capture
the potential energy efficiency improvements of inverter technology.
Second, there is no data to develop a test procedure that would provide
representative measurements of such potential improvements. Further,
DOE maintains its determination that requiring manufacturers to use an
active mode measurement for microwave ovens, with its costs from
increased
[[Page 18266]]
testing time and additional laboratory equipment, would be unduly
burdensome.
D. Standby Mode and Off Mode Test Methods
1. Displays and Clocks
DOE proposed in the November 2019 NOPR that for microwave ovens
that provide consumers the ability to turn the clock on or off, the
unit must be configured such that the clock display remains on at all
times during testing, unless the clock powers down automatically and
the product provides no available setting for the consumer to prevent
the automatic powering-down of the clock. 84 FR 61836, 61842. The
proposed amendment to configure the clock and for the clock to remain
on would apply regardless of manufacturer instruction, the default
setting, or the supplied setting (as specified in paragraph 5.2 of IEC
62301 (Second Edition), which is referenced in section 2.1.1 \13\ of
appendix I for setup instructions). In proposing this amendment, DOE
cited a prior energy conservation standard proposed rule in which
manufacturers stated that consumers expect that a microwave oven
equipped with a display should show clock time while in standby mode.
Id., referencing 73 FR 62034, 62080 (Oct. 17, 2008). DOE initially
determined that this proposed additional direction would improve the
representativeness and reproducibility of the test results. Id. In the
November 2019 NOPR, DOE requested comment on this proposal to require
keeping the clock display on during testing, including whether this
update would result in additional test burden. DOE also requested
comment on consumer habits regarding the use of clock displays that can
optionally be turned on or off. Id.
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\13\ Since the publication of the November 2019 NOPR, DOE
published the August 18, 2020 test procedure withdrawal rule for
cooking products which, among other things, renumbered section 2.1.3
to 2.1.1 in appendix I. 85 FR 50757. DOE updated its reference
accordingly in the August 2021 SNOPR.
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AHAM commented that it does not support DOE's proposal to keep the
clock display on during testing, stating that doing so is unnecessary,
unjustified, and not consistent with international test procedures.
(AHAM, No. 15 at p. 2) AHAM further commented that requiring the clock
to be left on during standby testing would deviate from the
international approach, with no evidence to support that the change is
necessary. AHAM stated that the current test is repeatable,
reproducible, representative, not unduly burdensome to conduct, and
that DOE should not deviate from the existing test procedure without
supporting data. (AHAM, No. 15 at p. 3)
As noted, EPCA requires DOE to measure the energy consumption of
microwave ovens during a representative average use cycle. (42 U.S.C.
6293(b)(3)) As stated, previous manufacturer comments indicated that
consumers expect a microwave oven equipped with a display to display
the clock time while in standby mode. 73 FR 62034, 62080 (Oct. 17,
2008). DOE has found no evidence, nor did commenters provide any such
evidence, that this consumer expectation has changed since then.
Accordingly, requiring the clock display to be powered on during
standby testing produces test results that are more representative of a
microwave's average use cycle than the prior test procedure. For these
reasons, DOE amends section 2.1.1 of appendix I to specify that the
clock display must be on during testing, 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.
DOE notes that microwave ovens with displays may be categorized
into two types: Those whose standby power consumption varies as a
function of the displayed time and those whose standby power does not.
This amendment will not affect the repeatability or reproducibility of
the test procedure for either type.
For microwave ovens whose standby power varies as a function of
displayed time, this amendment will not impact the repeatability or
reproducibility of the test procedure because the current test
procedure already requires the display clock to be on. Specifically,
section 3.1.1.1 of appendix I already requires that for such units, the
clock time be set to 3:23 at the end of the stabilization period as
specified in Section 5, Paragraph 5.3 of IEC 62301 (First Edition) with
power consumption data to be recorded using the average power approach
described in Section 5, Paragraph 5.3.2(a) of IEC 62301 (First
Edition), but with a single test period of 10 minutes after an
additional stabilization period until the clock time reaches 3:33. DOE
concluded from its own testing that this approach captures the power
consumption of such units in a manner that is repeatable and
representative of actual use. 76 FR 12825, 12839.
For microwave ovens whose standby power consumption does not vary
as a function of the time displayed, the instruction for testing
microwave ovens with the display and clock on simply requires that the
clock be turned on at the beginning of the test with no further
amendments required to the test method. DOE has not received any
indication, either in the past or in response to the 2019 NOPR that
compliance with these instructions may impact the repeatability and
reproducibility of the test procedure or be overly burdensome.
To analyze potential retest and recertification concerns due to
this amendment, DOE identified 35 microwave ovens from various
manufacturers that could potentially be tested and certified with their
clock displays turned off during standby mode. DOE found that 31 of the
units (approximately ninety percent) would have to be certified with
the clock display on. These units either included instructions for how
to turn on the clock display or the display is already on by default.
The amendment to test with the display on would not apply to the
remaining four units because they contained auto-power down features
that could not be disabled. Based on this review, DOE determines
microwave ovens with displays that are explicitly required to be on
during testing under the amended test procedure must already be tested
with them on.
2. Connected Functions
DOE is aware of microwave ovens on the market with ``connected''
(i.e., network) functionality that use either Bluetooth[supreg] or Wi-
Fi 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.
Under DOE's current test procedure,\14\ section 2.1.1 of appendix I
specified 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 set up 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. As such,
even though appendix I did not include instructions for or require the
measurement of any
[[Page 18267]]
energy use associated with connected functionality, the current test
procedure may have unintentionally captured the energy use associated
with connected functionality through the way it measures standby mode
and off mode power. Specifically, section 2 of appendix I could measure
that energy use if such features were enabled by default or if
manufacturers' instructions specified that the connected features be
turned on. However, the current test procedure would not measure that
energy use if manufacturers did not provide such an instruction and the
product shipped with connected features disabled.
---------------------------------------------------------------------------
\14\ The term `current test procedure' refers to the version of
appendix I as modified by the August 18, 2020 test procedure
withdrawal rule for cooking products. 85 FR 50757.
---------------------------------------------------------------------------
In the November 2019 NOPR, DOE proposed to add an explicit
requirement to test microwave oven standby mode and off mode energy
consumption with connected features disabled. DOE also proposed that if
a connected function cannot be disabled per manufacturer's
instructions, the energy use from such connected functions need not be
reported to DOE nor used in determining compliance with the applicable
energy conservation standards. 84 FR 61836, 61843. DOE also recognized
that alternative approaches could be considered to address the issue of
microwaves that do not provide a means for disabling connected
functionality. One such approach DOE suggested was to require the
energy use of the network function to be measured and subtracted from
the standby mode energy measurement. Id. However, DOE initially
determined that it did not have enough information on products with
connected features to design a representative and appropriate test
procedure because these products are relatively new, with limited
market presence and field use. Id. DOE also stated that for a unit that
is connected to the internet, the energy use of the product could
depend on the speed and configuration of an internet connection. In
addition, based on a review of manufacturer websites and user manuals
of various appliances, as well as testing conducted at DOE and third-
party laboratories, connected features are implemented in a variety of
ways across different brands. Id. Therefore, DOE initially concluded
that it did not have enough information to establish a representative
configuration for testing connected functions repeatably. DOE requested
comment on the proposed requirements for testing microwave ovens with
connected functions disabled, including the example alternative
approach. Id.
DOE received comments from interested parties on this proposal,
which DOE addressed in the August 2021 SNOPR. Based on consideration of
these comments, DOE proposed in the August 2021 SNOPR a modified
approach for testing microwave ovens with connected functions that
cannot be disabled. Specifically, DOE proposed in the August 2021 SNOPR
that if network functions cannot be disabled, then the microwave oven
is tested with the network function in the factory default setting or
in the as-shipped condition. 86 FR 41759, 41762. DOE requested comment
on this revised proposal. Id.
AHAM expressed support for the revised proposal that if
manufacturers do not provide instructions on how to disable connected
functions, connected functions should be tested in either the default
setup condition, or as-shipped condition. However, AHAM suggested that
use of the word ``disable'' may imply that power consumption by the
components that provide connected functionality must be zero, and that
a low but non-zero value may lead to confusion and inaccurate testing.
AHAM stated that IEC 62301 uses the term ``low power mode'' and that
DOE should use this term instead to capture scenarios where components
that provide connected functions have been deactivated but continue to
consume relatively low but non-zero amount of power and contribute
towards standby power measurements. (AHAM, No. 18 at p. 2) AHAM further
noted that because connected functions are still evolving, IEC's low
power mode definition would allow both flexibility and clarity for
DOE's microwave oven test procedure. (Id.)
UL also supported DOE's revised proposal for testing microwave
ovens with connected functions and suggested that DOE specifically
refer to the UL 923 \15\ standard, which UL stated contains
requirements that user instructions be provided to allow the consumer
to identify the means to enable and disable smart-enabled operation at
the appliance, including an illustration depicting the location of the
actuating means with information on how to enable or disable the
function. (UL, No. 21 at p. 1)
---------------------------------------------------------------------------
\15\ UL 923, Microwave Cooking Appliances, Edition 7, available
at https://standardscatalog.ul.com/ProductDetail.aspx?productId=UL923.
---------------------------------------------------------------------------
The SNOPR Joint Commenters, however, noted that although DOE's
modified proposal would be useful, during actual use these functions
are not likely to be disabled if they were shipped in an enabled state.
The SNOPR Joint Commenters stated that under these conditions, testing
microwave ovens with these functions disabled would be
unrepresentative. They urged DOE to require that all microwave ovens be
tested in the as-shipped condition, which they asserted would make the
measurements more representative. The SNOPR Joint Commenters further
suggested that DOE investigate ways to measure the power consumption of
connected functions, asserting that these functions are becoming more
prevalent and that capturing connected functions' power consumption can
better inform consumers as well as incentivize manufacturers. (SNOPR
Joint Commenters, No. 19 at pp. 1-2)
The CA IOUs suggested that DOE test all microwave ovens in the as-
shipped condition without modification, to prevent wasteful energy use.
The CA IOUs also suggested that DOE consider adding disclosure in the
public certification requirements of whether connected functions are
turned off during testing. They stated that making this information
public would provide several benefits, through providing useful data
for future rulemakings, promoting better purchasing decisions, and
allowing consumers to make informed decisions about the energy
performance of models relative to one another. (CA IOUs, No. 20 at pp.
1-2)
Regarding AHAM's comment on use of the term ``disabled'', DOE does
not agree that the term ``disable'' implies that the power consumption
must be zero. The wording implemented in this final rule specifies that
``If the microwave oven can communicate through a network (e.g.,
Bluetooth[supreg] or internet connection), disable the network
function, if it is possible to disable it by means provided in the
manufacturer's user manual, for the duration of testing.'' No
implication regarding the resulting power consumption is intended by
this instruction. DOE also notes that use of the term ``disabled'' in
this manner is consistent with the clothes dryer test procedures as
amended by the final rule published October 8, 2021.\16\ 86 FR 56608.
---------------------------------------------------------------------------
\16\ The October 2021 consumer clothes dryers test procedure
final rule is available online at: www.regulations.gov/document/EERE-2014-BT-TP-0034-0039.
---------------------------------------------------------------------------
Regarding consideration of the term ``low power mode'' as used by
IEC 62301, DOE developed its low-power mode definitions and test
provisions in the final rule published on October 31, 2012 (77 FR
65941) consistent with the requirements of EPCA. EPCA requires DOE to
integrate measures of standby mode and off mode energy consumption into
the overall energy efficiency, energy consumption, or other energy
descriptor, while considering the most
[[Page 18268]]
current version of IEC 62301; (42 U.S.C. 6295(gg)(2)(A)). EPCA also
requires DOE to ensure that any test procedures shall be reasonably
designed to produce test results which measure energy efficiency,
energy use or estimated annual operating cost of a covered product or
equipment during a representative average use cycle or period of use
and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3);
42 U.S.C. 6314(a)(2))
DOE has determined that it would not be appropriate to reference UL
923, which provides requirements for user instructions, as UL
suggested. The UL 923 test procedure provisions regarding connected
functionality address how to test a product based on the features and
capabilities presented on the product and/or information provided in
the user instructions. As stated, EPCA requires DOE to establish test
procedures that are reasonably designed to produce test results, which
measure energy efficiency and energy use during a representative
average use cycle or period of use, while being not unduly burdensome
to conduct. (42 U.S.C. 6293(b)(3)) The purpose of the test procedure is
not to impose requirements regarding the consumer operation of a
product, or give preference to any specific implementations of
connected functionality. Manufacturers can choose what information to
include in the user instructions and the format of these instructions
at their own discretion.
In response to the CA IOUs and SNOPR Joint Commenters' comments on
connected functions, DOE reiterates that it lacks sufficient data to
design a test procedure that measures the energy use associated with
connected functions that is representative of average use, as required
by EPCA. (See 42 US.C. 6293(b)(3)) DOE reemphasizes that, 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. Connected
features in microwave ovens are also implemented in a variety of ways
across different brands. Further, the design and operation of these
features is continuously evolving as the nascent market begins to grow
for these products. DOE is not aware of any data available, nor did
interested parties provide any such data, regarding the consumer use of
connected features. Without such data, DOE cannot establish a
representative test configuration for assessing the energy consumption
of connected functionality for microwave ovens. Therefore, DOE is
finalizing its proposal to require explicitly disabling connected
functions, where possible. However, DOE agrees that there are benefits
to manufacturers' reporting whether a microwave oven basic model
includes connected functions and the status of such functions during
testing. As such, in a separate rulemaking DOE may consider changing
the certification and reporting requirements for microwave ovens to
require manufacturers to provide this information.
In summary, DOE amends section 2.1.1 of appendix I to specify that
if the microwave oven can communicate through a network (e.g.,
Bluetooth[supreg] or internet connection), and it is possible to
disable that function by means provided in the manufacturer's user
manual, the network function must be disabled for the duration of
testing. If the network function cannot be disabled, or means for
disabling the function are not provided in the manufacturer's user
manual, then the unit must be tested 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).
E. Integrated Annual Energy Consumption Metric
EPCA requires DOE to incorporate the active mode, standby mode, and
off mode energy use values into a single energy use metric, unless it
is technically infeasible to do so. (42 U.S.C. 6295(gg)(2)(A)) Because,
in the November 2019 NOPR, DOE did not propose an active mode test
procedure, which is required when developing a single energy use
metric, DOE found that consideration of an integrated metric was
technically infeasible and thus moot. Therefore, DOE did not propose to
make any changes to the existing metric for microwave oven energy
consumption in the November 2019 NOPR. 84 FR 61836, 61843. AHAM
supported DOE's proposal to not include an active mode test procedure
and thereby maintain the current metric. (AHAM, No. 15 at p. 4) For the
aforementioned reasons, DOE maintains the microwave oven energy
consumption metric without the introduction of an integrated annual
energy consumption metric in this final rule.
F. Section Title and Cross-References
In this final rule, DOE is not adopting the changes proposed in the
November 2019 NOPR to correct two cross-references and add a title that
distinguishes test procedure provisions by the type of energy supplied.
Since the publication of the November 2019 NOPR, DOE also published a
test procedure withdrawal rule for cooking products on August 18, 2020
(``August 2020 Withdrawal Rule'') that amended appendix I to remove the
two cross-references altogether and obviated the need to add a section
title that separates test instructions based on the energy supplied. 85
FR 50757.
G. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) 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.)
In the November 2019 NOPR, DOE proposed to remove the introductory
note in appendix I which referenced a June 14, 2017, date after which
any representations related to energy or power consumption of cooking
products must be based upon results generated under the test procedure.
As this date had passed, the introductory note was no longer needed.
Since the publication of the November 2019 NOPR, DOE published the
August 2020 Withdrawal Rule that also amended appendix I. 85 FR 50757.
Among other things, that withdrawal rule amended appendix I to remove
the introductory note. 85 FR 50757, 50766.
In this final rule, DOE is adding an introductory note
communicating the effective and compliance dates of amendments made in
the rule.
H. Test Procedure Costs
In this document, DOE amends the current test procedure for
microwave ovens by adding a requirement that clock displays be turned
on during testing, notwithstanding the requirements in section 2.1.1 of
appendix I, which references paragraph 5.2 of IEC 62301 (Second
Edition). That is, DOE makes the following changes from the current
requirements of section 2.1.1 of appendix I: Configure the unit such
that the clock display remains on
[[Page 18269]]
during testing, regardless of manufacturer's instructions or default
setting or supplied setting, unless the clock display powers down
automatically with no option for the consumer to override this
function. DOE also provides specific direction that a unit with a
connected function is tested with the connected function disabled
during testing, if possible. Since the test procedure as amended by
this final rule does not add any substantive changes to the testing
process, DOE has determined that it would not result in increased
testing costs. DOE also performed a review of microwave ovens currently
certified in DOE's Compliance Certification Database (``CCD'') and did
not find any examples of basic models that would require retesting and
recertification as a result of these amendments.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule 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 (Aug. 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: energy.gov/gc/office-general-counsel.
DOE reviewed this final rule under the provisions of the Regulatory
Flexibility Act, and the procedures and policies published on February
19, 2003. DOE certifies that this final rule does not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows:
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers or earns less than the
average annual receipts specified in 13 CFR part 121. The threshold
values set forth in these regulations use size standards and codes
established by the North American Industry Classification System
(``NAICS'').\17\ The NAICS code for microwave ovens is 335220, major
household appliance manufacturing. The SBA sets a threshold of 1,500
employees or fewer for an entity to be considered as a small business
for this category.
---------------------------------------------------------------------------
\17\ The size standards are listed by NAICS code and industry
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on January 10, 2022).
---------------------------------------------------------------------------
DOE identified manufacturers using DOE's Compliance Certification
Database (``CCD''),\18\ the California Energy Commission's Modernized
Appliance Efficiency Database System (``MAEDbS''),\19\ and prior
microwave oven rulemakings. DOE used the publicly available information
and subscription-based market research tools (e.g., reports from Dun &
Bradstreet \20\) to identify original equipment manufacturers
(``OEMs'') of the covered product. DOE initially identified 48 distinct
companies that manufacture or import microwave ovens. Of these 48
companies, DOE identified 19 OEMs. Of the 19 OEMs, DOE identified two
domestic manufacturers of microwave ovens that met the SBA definition
of a ``small business.''
---------------------------------------------------------------------------
\18\ DOE's Compliance Certification Database is available at:
www.regulations.doe.gov/certification-data (last accessed January
10, 2022).
\19\ California Energy Commission's MAEDbS is available at
cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx (last
accessed January 10, 2022).
\20\ app.dnbhoovers.com.
---------------------------------------------------------------------------
This final rule amends appendix I by (1) adding the introductory
note and (2) adding specifications for the status of network functions
and clock displays during testing. The test procedure as amended by
this final rule does not add any substantive changes to the testing
process. Furthermore, DOE performed a review of microwave ovens
currently certified in the CCD and did not find any examples of basic
models that would require retesting and recertification as a result of
these amendments. Therefore, DOE has determined that the proposed
amendments in this final rule would not result in additional testing
costs for any manufacturers, including small businesses. For this
reason, DOE concludes and certifies that this final rule does not have
a significant economic impact on a substantial number of small entities
and the preparation of a FRFA is not warranted. DOE has submitted a
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).
[[Page 18270]]
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.
DOE is not amending the certification or reporting requirements for
microwave ovens in this final rule. Instead, DOE may consider proposals
to amend the certification requirements and reporting for microwave
ovens under a separate rulemaking regarding appliance and equipment
certification. DOE will address changes to OMB Control Number 1910-1400
at that time, as necessary.
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
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for microwave ovens. DOE has determined that
this rule falls into a class of actions that are categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part
1021. Specifically, DOE has determined that adopting test procedures
for measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
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 examined this final rule and determined
that it will 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 final 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,
this final 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 regulatory action resulting 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 energy.gov/gc/office-general-counsel. DOE examined this final 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.
[[Page 18271]]
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 final rule will 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 regulation will 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 final 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 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action 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.
The adopted modifications to the test procedure for microwave ovens
in this final rule do not incorporate any new commercial standard. DOE
has previously consulted with both the Attorney General and the
Chairman of the FTC about the impact on competition of the
incorporation by reference of IEC 62301 (First Edition) and IEC 62301
(Second Edition) in appendix I to subpart B of part 430 and received no
comments objecting to their use. There are no changes to the
incorporation in this final rule.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE does not incorporate by reference any new
industry standard. The incorporation by reference of IEC 62301 (First
Edition) and IEC 62301 (Second Edition) in appendix I to subpart B of
part 430 has already been approved by the Director of the Federal
Register and there are no changes to the incorporation in this final
rule.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
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 March 23,
2022, 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
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on March 23, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends 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:
[[Page 18272]]
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: After September 26, 2022, representations made with
respect to the energy use of microwave ovens must fairly disclose
the results of testing pursuant to this appendix.
On or after April 29, 2022 and prior to September 26, 2022
representations, including compliance certifications, made with
respect to the energy use of microwave ovens must fairly disclose
the results of testing pursuant to either this appendix or appendix
I as it appeared at 10 CFR part 430, subpart B, in the 10 CFR parts
200 to 499 edition revised as of January 1, 2020. Representations
made with respect to the energy use of microwave ovens within that
range of time must fairly disclose the results of testing under the
selected version. Given that after September 26, 2022
representations with respect to the energy use of microwave ovens
must be made in accordance with tests conducted pursuant to this
appendix, manufacturers may wish to begin using this test procedure
as soon as possible.
* * * * *
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, if it is possible to disable it by means
provided in the manufacturer's user manual, for the duration of
testing. If the network function cannot be disabled, or means for
disabling the function are not provided in the manufacturer's user
manual, 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). Configure
the unit such that the clock display remains on during testing,
regardless of manufacturer's instructions or default setting or
supplied setting, 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
2.8.1.2 of this appendix.
* * * * *
[FR Doc. 2022-06451 Filed 3-29-22; 8:45 am]
BILLING CODE 6450-01-P