[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7846-7848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02200]


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DEPARTMENT OF ENERGY

10 CFR Part 430

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


Energy Conservation Program: Test Procedure for Cooking Products; 
Correction

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

ACTION: Correcting amendments.

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SUMMARY: On August 22, 2022, the U.S. Department of Energy (``DOE'') 
published a final rule adopting test procedures for a category of 
cooking products, i.e., conventional cooking tops. This document 
corrects errors and omissions in that final rule. Neither the errors 
and omissions nor the corrections affect the substance of the 
rulemaking or any conclusions reached in support of the final rule.

DATES: Effective February 7, 2023.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-5649. Email: [email protected].
    Ms. Melanie Lampton, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240) 751-5157. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 22, 2022, DOE published a final rule (``August 2022 Final 
Rule'') establishing a test procedure for cooking tops at title 10 of 
the Code of Federal Regulations (``CFR'') part 430, subpart B, appendix 
I1 (``appendix I1''). 87 FR 51492. Since publication of the August 2022 
Final Rule, DOE has identified errors and omissions in the regulatory 
text. DOE is issuing this rule to correct certain technical errors and 
omissions in the August 2022 Final Rule, specifically in appendix I1 of 
10 CFR part 430, and to assist regulated entities with compliance 
efforts.
    In Table 3.1 of the regulatory text of the August 2022 Final Rule, 
the first column (i.e., Minimum nominal gas burner input rate) was 
erroneously labeled with a ``less than'' sign (), as it was labeled in 
Table III.2 in the preamble of the August 2022 Final Rule. 87 FR 51514, 
51542. This notice corrects the typographical error.
    Additionally, DOE discussed that it was finalizing its proposal to 
normalize the energy use of the minimum-above-threshold cycle to 
represent an Energy Test Cycle with a final water temperature of 
exactly 90 degrees Celsius as proposed in the November 4, 2022 Notice 
of Proposed Rulemaking. 87 FR 51510-51511; See also 86 FR 60974. 
However, section 4.1.1.2.2 of appendix I1 as codified in the August 
2022 Final Rule inadvertently performs this normalization on the gas 
volume consumption (represented by the symbol ``V'') rather than on the 
gas energy consumption (represented by the symbol ``Eg''). 
Subsequently, the equation for calculating per-cycle active mode gas 
energy consumption in section 4.1.1.2.4 of appendix I1 as codified by 
the August 2022 Final Rule uses the normalized gas volume consumption 
calculated in section 4.1.1.2.2 (multiplied by the gas correction 
factor ``CF'' and the heating value of the gas ``H'' to determine gas 
energy consumption). In this notice, DOE is correcting section 
4.1.1.2.2 of appendix I1 to calculate the normalized gas energy 
consumption rather than gas volume consumption; accordingly, DOE is 
also correcting section 4.1.1.2.4 to use the normalized gas energy 
consumption value calculated in section 4.1.1.2.2.
    Finally, as codified by the August 2022 Final Rule, section 3.3.1.1 
of appendix I1 specifies recording the higher heating value (``H'') for 
the natural gas or propane supply. A complete test of a conventional 
gas cooking top typically includes multiple test cycles on each cooking 
zone (e.g., the minimum-above-threshold cycle and maximum-below-
threshold cycle), and the higher heating value may differ for each test 
cycle. The higher heating value is used in the equation in section 
4.1.1.2.2 as corrected by this final rule. DOE has determined that the 
current instruction in section 3.3.1.1 may not provide sufficient 
clarity that the value of H must be recorded for each test cycle for 
each cooking zone. Therefore, DOE is adding language in section 3.3.1.1 
of appendix I1 to specify recording the higher heating value of the gas 
``for each test.''

II. Need for Correction

    As published, the regulatory text in August 2022 Final Rule may 
lead to inaccurately calculated test results due to omitted language 
and the use of incorrect symbols and formulas. Because this final rule 
would simply correct errors and omissions in the text without making 
substantive changes in the August 2022 Final Rule, the changes 
addressed in this document are technical in nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the August 2022 Final 
Rule remain unchanged for these final rule technical corrections. These 
determinations are set forth in the August 2022 Final Rule. 87 FR 
51492, 51533-51537.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
finds that there is good cause to not issue a separate notice to 
solicit public comment on those technical corrections contained in this 
document. Issuing a separate notice to solicit public comment would be 
impracticable, unnecessary, and contrary to the public interest. As 
explained previously, the corrections in this document do not affect 
the substance of or any of the conclusions reached in support of the 
August 2022 Final Rule. Additionally, given the August 2022 Final Rule 
is a product of an extensive administrative

[[Page 7847]]

record with numerous opportunities for public comment, DOE finds 
additional comment on the technical corrections is unnecessary. 
Therefore, providing prior notice and an opportunity for public comment 
on correcting objective errors and omissions that do not change the 
substance of the test procedure serves no useful purpose.
    Further, this rule correcting errors and omissions makes non-
substantive changes to the test procedure in the August 2022 Final 
Rule. As such, this rule is not subject to the 30-day delay in 
effective date requirement of 5 U.S.C. 553(d) otherwise applicable to 
rules that make substantive changes.

List of Subjects in 10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on January 30, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, U.S. Department of 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 January 30, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations by making the following correcting amendments:

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 I1 to subpart B of part 430 is amended by:
0
a. Revising Table 3.1;
0
b. In section 3.3.1.1, removing the word ``supply'' wherever it 
appears, and adding in its place the words ``supply, for each test''; 
and
0
c. Revising sections 4.1.1.2.2 and 4.1.1.2.4.
    The additions and revisions read as follows:

Appendix I1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Conventional Cooking Products

* * * * *
    3. * * *
    3.1.1.2.2 * * *

   Table 3.1--Test Vessel Selection for Conventional Gas Cooking Tops
------------------------------------------------------------------------
 Nominal gas burner input rate (Btu/
                 h)                      Test vessel     Water load mass
-------------------------------------   diameter (mm)          (g)
   Minimum (>)        Maximum (<=)
------------------------------------------------------------------------
                              5,600               210             2,050
           5,600              8,050               240             2,700
           8,050             14,300               270             3,420
          14,300   .................              300             4,240
------------------------------------------------------------------------

* * * * *
    4. * * *
    4.1.1.2.2 Conventional gas cooking top per-cooking zone 
normalized active mode gas energy consumption. For each cooking 
zone, calculate the per-cooking zone normalized active mode gas 
energy consumption of a conventional gas cooking top, Eg, 
in Btu, using the following equation:

Eg = Egt,ETC

for cooking zones where an Energy Test Cycle was measured in section 
3.1.4.5 of this appendix, and
[GRAPHIC] [TIFF OMITTED] TR07FE23.044

for cooking zones where a minimum-above-threshold cycle and a 
maximum-below-threshold cycle were measured in section 3.1.4.5 of 
this appendix.

Where:

Egt,ETC = the as-tested gas energy consumption of the 
Energy Test Cycle for the cooking zone, in Btu, calculated as the 
product of: V, the gas consumption of the Energy Test Cycle, as 
determined in section 3.1.4.5 of this appendix, in cubic feet; CF, 
the gas correction factor to standard temperature and pressure for 
the test, as calculated in section 4.1.1.2.1 of this appendix; and 
H, either Hn or Hp, the heating value of the 
gas used in the test as specified in sections 2.2.2.1 and 2.2.2.2 of 
this appendix, expressed in Btu per standard cubic foot of gas;
Egt,MAT = the as-tested gas energy consumption of the 
minimum-above-threshold power setting for the cooking zone, in Btu, 
calculated as the product of: V, the gas consumption of the minimum-
above-threshold power setting, as determined in section 3.1.4.5 of 
this appendix, in cubic feet; CF, the gas correction factor to 
standard temperature and pressure for the test, as calculated in 
section 4.1.1.2.1 of this appendix; and H, either Hn or 
Hp, the heating value of the gas used in the test as 
specified in sections 2.2.2.1 and 2.2.2.2 of this appendix, 
expressed in Btu per standard cubic foot of gas;
Egt,MBT = the as-tested gas energy consumption of the 
maximum-below-threshold power setting for the cooking zone, in Btu, 
calculated as the product of: V, the gas consumption of the maximum-
below-threshold power setting, as determined in section 3.1.4.5 of 
this appendix, in cubic feet; CF, the gas correction factor to 
standard

[[Page 7848]]

temperature and pressure for the test, as calculated in section 
4.1.1.2.1 of this appendix; and H, either Hn or 
Hp, the heating value of the gas used in the test as 
specified in sections 2.2.2.1 and 2.2.2.2 of this appendix, 
expressed in Btu per standard cubic foot of gas;
TS,MAT = the smoothened water temperature at the end of 
the minimum-above-threshold power setting test for the cooking zone, 
in degrees Celsius; and
TS,MBT = the smoothened water temperature at the end of 
the maximum-below-threshold power setting test for the cooking zone, 
in degrees Celsius.
* * * * *
    4.1.1.2.4 Conventional gas cooking top per-cycle active mode gas 
energy consumption. Calculate the per-cycle active mode gas energy 
consumption of a conventional gas cooking top, ECGG, in Btu, 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR07FE23.045

Where:

n, mz, and 2853 are defined in section 4.1.1.1.2 of this 
appendix; and
Egz = the normalized gas energy consumption 
representative of the Energy Test Cycle for each cooking zone, as 
calculated in section 4.1.1.2.2 of this appendix, in Btu.
* * * * *
[FR Doc. 2023-02200 Filed 2-6-23; 8:45 am]
BILLING CODE 6450-01-P