This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12825 

Vol. 76, No. 46 

Wednesday, March 9, 2011 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2011–0002] 

RIN 3150–AI89 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD System 

Revision 1; Confirmation of Effective 

Date 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is confirming the effective date of March 

29, 2011, for the direct final rule that 

was published in the Federal Register 

on January 13, 2011 (76 FR 2243). This 

direct final rule amended the NRC’s 

spent fuel storage regulations at Title 10 

of the Code of Federal Regulations (10 

CFR 72.214) to revise the NUHOMS®

HD System listing to include 

Amendment Number 1 to Certificate of 

Compliance (CoC) Number 1030. 

DATES: Effective Date: The effective date 

of March 29, 2011, is confirmed for this 

direct final rule. 

ADDRESSES: Documents related to this 

rulemaking, including any comments 

received, may be examined at the NRC 

Public Document Room, Room O–1F21, 

11555 Rockville Pike, One White Flint 

North, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Trussell, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

6445, e-mail: Gregory.Trussell@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 13, 2011 (76 FR 2243), the NRC 

published a direct final rule amending 

its regulations at 10 CFR 72.214 to 

include Amendment No. 1 to CoC No. 

1030. Amendment No. 1 will revise the 

definitions for Damaged Fuel Assembly 

and Transfer Operations; add 

definitions for Fuel Class and 

Reconstituted Fuel Assembly; add 

Combustion Engineering 16x16 class 

fuel assemblies as authorized contents; 

reduce the minimum off-normal 

ambient temperature from ¥20 °F to 

¥21 °F; expand the authorized contents 

of the NUHOMS® HD System to include 

pressurized water reactor fuel 

assemblies with control components; 

reduce the minimum initial enrichment 

of fuel assemblies from 1.5 weight 

percent uranium-235 to 0.2 weight 

percent uranium-235; clarify the 

requirements of reconstituted fuel 

assemblies; add requirements to qualify 

metal matrix composite neutron 

absorbers with integral aluminum 

cladding; clarify the requirements for 

neutron absorber tests; delete use of 

nitrogen for draining the water from the 

dry shielded canister (DSC), and allow 

only helium as a cover gas during DSC 

cavity water removal operations; and 

make corresponding changes to the 

technical specifications. In the direct 

final rule, NRC stated that if no 

significant adverse comments were 

received, the direct final rule would 

become final on March 29, 2011. 

The NRC did not receive any 

comments on the direct final rule. 

Therefore, this rule will become 

effective as scheduled. 

Dated at Rockville, Maryland, this 3rd day 

of March 2011. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2011–5346 Filed 3–8–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–TP–0011] 

RIN 1904–AB78 

Energy Conservation Program for 

Consumer Products: Test Procedure 

for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Interim final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) is amending its test 

procedures for microwave ovens under 

the Energy Policy and Conservation Act 

(EPCA) to provide for the measurement 

of standby mode and off mode power 

use by microwave ovens. These 

amendments incorporate into the DOE 

test procedure provisions from the 

International Electrotechnical 

Commission (IEC) Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power,’’ First 

Edition 2005–06 (IEC Standard 62301 

(First Edition)). In addition, these 

amendments adopt in the DOE test 

procedure definitions of modes based 

on the relevant provisions from the IEC 

Standard 62301 Second Edition, Final 

Draft International Standard (IEC 

Standard 62301 (FDIS)), as well as 

language to clarify application of these 

provisions for measuring standby mode 

and off mode power consumption in 

microwave ovens. 

DATES: This rule is effective April 8, 

2011. Comments on the interim final 

rule are due September 6, 2011. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register on April 8, 2011. 

ADDRESSES: The public may review 

copies of all materials related to this 

rulemaking at the U.S. Department of 

Energy, Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., Suite 600, Washington, DC, 

(202) 586–2945, between 9 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

Any comments submitted must 

identify the Interim Final Rule on Test 

Procedures for Microwave Ovens, and 

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12826 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

1All references to EPCA refer to the statute as 

amended including through the Energy 

Independence and Security Act of 2007, Public Law 

110–140. For editorial reasons, upon codification in 

the U.S. Code, Part B was re-designated Part A. 

provide the docket number EERE–2008– 

BT–TP–0011 and/or regulatory 

information number (RIN) 1904–AB78. 

Comments may be submitted using any 

of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions in section V for submitting 

comments. 

2. E-mail: MicroOven-2008-TP0011@ee.doe.gov. Include docket 

number EERE–2008–BT–TP–0011 

and/or RIN 1904–AB78 in the subject 

line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. Please submit one 

signed original paper copy. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to Office of 

Energy Efficiency and Renewable 

Energy through the methods listed 

above and by e-mail to 

Christine_J._Kymn@omb.eop.gov. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V (Public Participation) of 

this document. 

Docket: The docket is available for 

review at http://www.regulations.gov, 

including Federal Register notices, 

framework documents, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. The documents in 

the docket are listed for review. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. See section V of this 

SNOPR for instructions on how to 

submit comments and to access publicly 

available material on the regulations.gov 

Web site. 

A link to the Supplemental Notice of 

Proposed Rulemaking (SNOPR) web 

page can be found at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

cooking_products.html, under 

Supplemental Notice of Proposed 

Rulemaking (SNOPR). This web page 

contains links to the SNOPR, 

information from the public meeting 

and regulations.gov. The regulations.gov 

web page will also contain instructions 

on how to access all documents, 

including public comments, in the 

docket. 

For further information on how to 

submit or review public comments, 

participate in the public meeting, or 

view hard copies of the docket in the 

Resource Room, contact Ms. Brenda 

Edwards at (202) 586–2945 or e-mail: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Wes Anderson, U.S. Department of 

Energy, Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Tel.: 

(202) 586–7335. E-mail: 

Wes.Anderson@ee.doe.gov. 

Mr. Ari Altman, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Tel.: (202) 287–6307, E-mail: 

Ari.Altman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Legal Authority 

II. Summary of the Interim Final Rule 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

B. Effective Date for the Test Procedure and 

Date on Which Use of the Test Procedure 

Would Be Required 

C. Measures of Energy Consumption 

D. Incorporating by Reference IEC Standard 

62301 (First Edition) for Measuring 

Standby Mode and Off Mode Power in 

Microwave Ovens 

E. Definitions of ‘‘Active Mode’’, ‘‘Standby 

Mode’’, and ‘‘Off Mode’’ 

F. Specifications for the Test Methods and 

Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

G. Other Issues 

H. Compliance With Other EPCA 

Requirements 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration (FEA) Act of 1974 

M. Congressional Notification 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Background and Legal Authority 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

seq.; ‘‘EPCA’’ or, in context, ‘‘the Act’’) 

sets forth a variety of provisions 

designed to improve energy efficiency. 

Part B of Title III ((42 U.S.C. 6291–6309) 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,’’ including 

microwave ovens (all of which are 

referred to below as ‘‘covered 

products’’.) 1 (42 U.S.C. 6291(1)–(2) and 

6292(a)(10)) 

Under the Act, this program consists 

essentially of three parts: (1) Testing; (2) 

labeling; and (3) establishing Federal 

energy conservation standards. Pursuant 

to EPCA, the testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for certifying to DOE 

that their products comply with 

applicable energy conservation 

standards adopted under EPCA and for 

representations about the efficiency of 

those products. Similarly, DOE must use 

these test requirements to determine 

whether the products comply with 

EPCA standards. Under 42 U.S.C. 6293, 

EPCA sets forth criteria and procedures 

for DOE’s adoption and amendment of 

such test procedures. 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 of Energy, 

and shall not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) 

Finally, in any rulemaking to amend 

a test procedure, DOE must determine to 

what extent, if any, the proposed test 

procedure would alter the measured 

energy efficiency of any covered 

product as determined under the 

existing test procedure. (42 U.S.C. 

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. In determining the 

amended energy conservation standard, 

the Secretary shall measure, pursuant to 

the amended test procedure, the energy 

efficiency, energy use, or water use of a 

representative sample of covered 

products that minimally comply with 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12827 

2 IEC standards are available for purchase at: 

http://www.iec.ch. 

3 In a final rule published on April 8, 2009 (74 

FR 16040), DOE found that no active mode cooking 

efficiency standards were justified for electric 

cooking products, including microwave ovens. This 

rulemaking completed the second cycle of 

rulemakings required by the NAECA amendments 

to EPCA. (42 U.S.C. 6295(h)(2)) In its analysis for 

the second cycle of rulemakings, DOE determined 

that the microwave oven test procedure provisions 

to measure cooking efficiency do not produce 

accurate and repeatable test results. DOE is unaware 

of any test procedures that have been developed 

that address the concerns with the DOE microwave 

oven cooking efficiency test procedure. DOE, 

therefore, repealed the regulatory provisions 

establishing the active mode cooking efficiency test 

procedure for microwave ovens under EPCA in a 

final rule published on July 22, 2010 (the July 2010 

TP Final Rule). 75 FR 42579. DOE also published 

a notice of a public meeting to discuss a separate 

rulemaking process to replace the repealed 

provisions for measuring microwave oven energy 

efficiency in active mode on July 22, 2010. 75 FR 

42611. 

4 IEC Standard 62301 (CD2) was the draft version 

immediately preceding IEC Standard 62301 (CDV). 

the existing standard. The average of 

such energy efficiency, energy use, or 

water use levels determined under the 

amended test procedure shall constitute 

the amended energy conservation 

standard for the applicable covered 

products. (42 U.S.C. 6293(e)(2)) EPCA 

also states that models of covered 

products in use before the date on 

which the amended energy conservation 

standard becomes effective (or revisions 

of such models that come into use after 

such date and have the same energy 

efficiency, energy use, or water use 

characteristics) that comply with the 

energy conservation standard applicable 

to such covered products on the day 

before such date shall be deemed to 

comply with the amended energy 

conservation standard. (42 U.S.C. 

6293(e)(3)) 

DOE is also required to amend the test 

procedures for covered products to 

address standby mode and off mode 

energy consumption and to integrate 

such energy consumption into the 

energy descriptor for that product 

unless the current test procedures 

already fully account for such 

consumption. If integration is 

technically infeasible, DOE must 

prescribe a separate standby mode and 

off mode energy use test procedure, if 

technically feasible. (42 U.S.C. 

6295(gg)(2)(A)) Any such amendment 

must consider the most current versions 

of IEC Standards 62301 ‘‘Household 

electrical appliances—Measurement of 

standby power,’’ First Edition 2005–06 

(IEC Standard 62301 (First Edition)) 2

and IEC Standard 62087 ‘‘Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment,’’ Second Edition 

2008–09. Id. For microwave ovens, DOE 

must prescribe any such amendment by 

March 31, 2011. (42 U.S.C. 

6295(gg)(2)(B)(vi)) 

Historically, DOE’s active mode test 

procedure for microwave ovens 

appeared at appendix I to subpart B of 

Title 10 of the Code of Federal 

Regulations (CFR).3 That test procedure 

was part of an October 3, 1997 final rule 

that also revised the test procedures for 

other cooking products to measure their 

efficiency and energy use more 

accurately. 62 FR 51976. That final rule 

incorporated portions of IEC Standard 

705–1998 and Amendment 2–1993, 

‘‘Methods for Measuring the 

Performance of Microwave Ovens for 

Households and Similar Purposes’’ to 

measure microwave oven cooking 

efficiency, but did not address energy 

use in the standby or off modes. Id. 

DOE published a notice of proposed 

rulemaking (NOPR) on October 17, 2008 

(hereafter referred to as the October 

2008 TP NOPR), in which it proposed 

incorporating provisions from IEC 

Standard 62301 (First Edition) into the 

DOE active mode test procedure, as well 

as language to clarify application of 

these provisions for measuring standby 

mode and off mode power in microwave 

ovens. 73 FR 62134. DOE held a public 

meeting on November 14, 2008 

(hereafter referred to as the November 

2008 public meeting) to hear oral 

comments on and solicit information 

relevant to the October 2008 TP NOPR. 

Interested parties remarked upon, 

among other things, harmonization of 

standards and test procedures with 

those of other countries and 

international agencies. In particular 

commenters urged DOE to consider IEC 

Standard 62301 (Second Edition), which 

was in the process of being finalized 

and published. 

EPCA requires DOE to consider the 

most recent version of IEC Standard 

62301. After the October 2008 TP NOPR 

was published, DOE determined that it 

would consider the revised version of 

IEC Standard 62301 (i.e., IEC Standard 

62301 (Second Edition)), in the 

microwave oven test procedure 

rulemaking. The revised version was 

expected in July 2009. DOE anticipated, 

based on review of drafts of the updated 

IEC Standard 62301, that the revisions 

could include different mode 

definitions. IEC Standard 62301 (Second 

Edition) was not published, however, 

until January 27, 2011. 

Because the Energy Independence and 

Security Act (EISA) of 2007 

amendments to EPCA require DOE to 

establish test procedures for standby 

mode and off mode by March 31, 2011, 

and because DOE is conducting a 

concurrent energy conservation 

standards rulemaking for standby and 

off mode energy use, discussed below, 

DOE published a supplemental notice of 

proposed rulemaking (SNOPR) on July 

22, 2010 (hereafter referred to as the July 

2010 TP SNOPR) proposing mode 

definitions based on those in the then 

current draft version of IEC Standard 

62301 (Second Edition), designated as 

IEC Standard 62301 Second Edition, 

Committee Draft for Vote (IEC Standard 

62301 (CDV)). 75 FR 42612, 42620–23 

(July 22, 2010). DOE noted in the July 

2010 TP SNOPR that IEC Standard 

62301 (CDV) contains proposed 

amendments to IEC Standard 62301 

(First Edition), including new mode 

definitions based on those proposed in 

IEC Standard 62301 (Second Edition), 

Committee Draft 2 (IEC Standard 62301 

(CD2)) 4 and which address comments 

received by interested parties in 

response to IEC Standard 62301 (CD2). 

As a result of this continued refinement 

on the basis of public comment, DOE 

stated that it believes that these most 

recent mode definitions represent the 

best definitions available for the 

analysis in support of this rulemaking. 

75 FR 42612, 42621. 

DOE held a public meeting on 

September 16, 2010 (hereafter referred 

to as the September 2010 public 

meeting), to hear oral comments on and 

solicit information relevant to the July 

2010 TP SNOPR. Interested parties 

remarked upon, among other things, 

covered products, incorporation of IEC 

Standard 62301 (First Edition), mode 

definitions, and testing procedures. On 

October 29, 2010, the IEC released a 

finalized draft version of IEC Standard 

62301 (Second Edition), IEC Standard 

62301 (FDIS). 

As stated in the previous paragraph, 

DOE is considering amended microwave 

oven energy conservation standards 

addressing standby and off mode energy 

use concurrently with the test procedure 

rulemaking process. The National 

Appliance Energy Conservation Act of 

1987 (NAECA; Pub. L. 100–12), which 

amended EPCA, established prescriptive 

standards for kitchen ranges and ovens, 

but no standards were established for 

microwave ovens. (42 U.S.C. 6295(h)) 

The NAECA amendments also required 

DOE to conduct two cycles of 

rulemakings to determine whether to 

revise the standard. (42 U.S.C. 

6295(h)(2)) DOE undertook the first 

cycle of these rulemakings and issued a 

final rule on September 8, 1998 (63 FR 

48038), in which DOE found that no 

amended standards were justified for 

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12828 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

electric cooking products, including 

microwave ovens. 

DOE initiated the second cycle of 

energy conservation standards 

rulemakings for cooking products by 

publishing a framework document 

covering, in part, microwave ovens, and 

giving notice of a public meeting and 

the availability of the document. 71 FR 

15059 (March 27, 2006). In its 

subsequent advance notice of proposed 

rulemaking (ANOPR) (72 FR 64432, 

Nov. 15, 2007) (hereafter the November 

2007 ANOPR) concerning energy 

conservation standards for commercial 

clothes washers and residential 

dishwashers, dehumidifiers, and 

cooking products, including microwave 

ovens (collectively, appliance 

standards), DOE determined that energy 

consumption by microwave ovens in the 

standby mode represents a significant 

portion of microwave oven energy use, 

and that a standard regulating such 

energy consumption would likely have 

significant energy savings. 72 FR 64432, 

64441–42. Before standby power could 

be included in an efficiency standard for 

microwave ovens, however, test 

procedures for the measurement of 

standby power would be required. Id. 

On December 13, 2007, DOE held a 

public meeting to receive and discuss 

comments on the November 2007 

ANOPR (hereafter referred to as the 

December 2007 public meeting). At the 

December 2007 public meeting, DOE 

presented for discussion the possibility 

that test standard IEC Standard 62301 

(First Edition) could be incorporated by 

reference into DOE’s microwave oven 

test procedure to measure standby 

power. DOE also discussed 

clarifications to the IEC Standard 62301 

(First Edition) test conditions at the 

December 2007 public meeting, 

including a requirement that, if the 

measured power is not stable, the 

standby mode power test would be run 

for a period of 12 hours with an initial 

clock setting of 12 a.m. This would 

permit more accurate measurement of 

average standby power consumption. 

DOE published a NOPR for the 

appliance standards rulemaking on 

October 17, 2008, in which it tentatively 

concluded that a standard for 

microwave oven standby mode and off 

mode energy consumption would be 

technologically feasible and 

economically justified. 73 FR 62034. 

DOE received responses to the NOPR 

from interested parties regarding the 

harmonization of standards and test 

procedures with those of other countries 

and international agencies. As a result 

of these comments, DOE decided to 

consider the revised version of IEC 

Standard 62301 (i.e., IEC Standard 

62301 (Second Edition)), which is a 

widely accepted international test 

procedure, in the development of energy 

conservation standards for the standby 

mode and off mode power consumption 

of microwave ovens. As stated above, 

issuance of the revised version was 

expected in July 2009 but did not occur 

until January 27, 2011; as a result, DOE 

considered the most recent draft at the 

time, version IEC Standard 62301 

(CDV), for the July 2010 TP SNOPR. 75 

FR 42612, 42614. 

II. Summary of the Interim Final Rule 

In today’s interim final rule, DOE is 

amending its test procedures for 

microwave ovens to: 

(1) Address the statutory requirement 

to establish procedures for the 

measurement of standby mode and off 

mode power consumption. 

(2) Support the concurrent 

development of energy conservation 

standards that address use of standby 

mode and off mode power by this 

product. 

In today’s interim final rule, DOE is 

incorporating by reference specific 

clauses from IEC Standard 62301 (First 

Edition) regarding test conditions and 

testing procedures for measuring the 

average standby mode and average off 

mode power consumption into the 

microwave oven test procedure. DOE is 

also adopting in the microwave oven 

test procedure definitions of ‘‘active 

mode,’’ ‘‘standby mode,’’ and ‘‘off mode’’ 

that are based on the definitions 

provided in IEC Standard 62301 (FDIS). 

DOE further adopts language to clarify 

the application of clauses from IEC 

Standard 62301 (First Edition) for 

measuring standby mode and off mode 

power in this interim final rule. 

Specifically, DOE is defining the test 

duration for cases in which the 

measured power is not stable (i.e., varies 

over a cycle), recognizing that the power 

consumption of microwave oven 

displays can vary based on the 

displayed clock time. 

The EISA 2007 amendments to EPCA 

direct DOE to amend the microwave 

oven test procedure to integrate energy 

consumption in standby mode and off 

mode into the overall energy descriptor. 

(42 U.S.C. 6295(gg)(2)(A)) If that is 

technically infeasible, DOE must instead 

prescribe a separate standby mode and 

off mode energy use test procedure, if 

technically feasible. Id. 

As noted above, EPCA requires that 

DOE determine whether a proposed test 

procedure amendment would alter the 

measured efficiency of a product, 

thereby requiring adjustment of existing 

standards. (42 U.S.C. 6293(e)) Because 

there are currently no Federal energy 

conservation standards for microwave 

ovens (including energy use in the 

standby and off modes), such 

requirement does not apply to this 

rulemaking. DOE is conducting a 

concurrent rulemaking process to 

consider standby and off mode energy 

conservation standards and will 

consider this test procedure rulemaking 

as any standards are developed. 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

This rule amends the test procedures 

for microwave ovens to include test 

procedures for the measurement of 

standby mode and off mode power use. 

This rule also clarifies that the 

definition of ‘‘microwave oven’’ in 10 

CFR 430.2 includes microwave ovens 

with or without thermal elements 

designed for surface browning of food 

and combination ovens. 

DOE defines ‘‘microwave oven’’ as a 

class of kitchen ranges and ovens which 

is a household cooking appliance 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy. 10 CFR 430.2 In the 

October 2008 TP NOPR, DOE stated that 

the proposed amendments would 

establish test procedures for all 

microwave ovens for which the primary 

source of heating energy is 

electromagnetic (microwave) energy, 

including microwave ovens with or 

without thermal elements designed for 

surface browning of food. DOE stated 

that the proposal did not address test 

procedures for combination ovens (i.e., 

ovens consisting of a single 

compartment in which microwave 

energy and one or more other 

technologies, such as thermal or halogen 

cooking elements or convection 

systems, contribute to cooking the food). 

DOE noted that the proposal also did 

not propose test procedures for the type 

of cooking appliance classified by DOE 

regulations as a microwave/ 

conventional range, which has separate 

compartments or components consisting 

of a microwave oven, a conventional 

oven, and a conventional cooking top. 

DOE requested data on the efficiency 

characteristics of combination ovens in 

the November 2007 ANOPR, but did not 

receive any information. DOE also noted 

in the October 2008 TP NOPR that if 

this information is made available at a 

later date, DOE may consider 

combination ovens in future 

proceedings. 73 FR 62134, 62137. In 

response to the October 2008 TP NOPR, 

interested parties commented that the 

proposed definition for covered 

products lacks clarity and is 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12829 

inconsistent with current regulations, 

and requested clarification on what 

would be considered covered products. 

For the July 2010 TP SNOPR, DOE 

conducted a survey of microwave oven 

models currently available on the U.S. 

market, including countertop, over-therange, and built-in configurations. DOE 

determined that fewer than 1 percent of 

the available models (1 out of 129) have 

thermal elements for grilling but no 

convection capability (hereafter referred 

to as ‘‘microwaves with thermal 

elements only’’), while 16 percent (21 

out of 129) are combination units 

(containing microwave, convection, and 

possibly thermal elements). 75 FR 

42612, 42616 DOE stated that, although 

it does not have shipment-weighted data 

regarding the percentage of microwave 

ovens with thermal elements for grilling 

or combination ovens, DOE does not 

believe that including microwave ovens 

with thermal elements only, with or 

without further specification of the 

function of the thermal elements, would 

substantially affect the number or scope 

of covered products in this rulemaking. 

Id. DOE proposed to clarify that 

microwave ovens with thermal elements 

only would be considered covered 

products under the definition provided 

in 10 CFR 430.2. Id. Based on DOE’s 

product literature review for the single 

available microwave oven with thermal 

elements only, DOE stated that it 

believes that the standby and off mode 

operation for microwave ovens with 

thermal elements only does not differ 

from that of microwave-only units. Id. 

DOE also proposed to clarify that 

combination microwave ovens (i.e., 

microwave ovens that incorporate 

convection features and possibly other 

means of cooking) would be considered 

covered products under the regulatory 

definition in 10 CFR 430.2 because they 

are capable of cooking or heating food 

by means of microwave energy. 75 FR 

42612, 42616–17. As a result, DOE 

analyzed the features and operation of 

these products, conducting in-store 

surveys and product literature reviews, 

to determine if additional testing 

procedures would be required that differ 

from the testing procedures for 

microwave-only units. Id. DOE stated 

that combination ovens may have more 

sophisticated displays and menu 

screens, as well as additional features 

associated with active mode operation 

(i.e., fans, heater elements, etc.) that may 

require larger power supplies than a 

microwave-only unit and therefore may 

consume more power in standby or off 

mode. Id. However, DOE also stated 

that, based on its preliminary analysis, 

it believes that the general standby and 

off mode operation for combination 

microwave ovens does not differ from 

that of microwave-only units and 

microwave ovens with thermal elements 

only. The standby mode operation for 

combination microwave ovens, as with 

other types of microwave ovens, 

consists of an energized display with a 

clock. Id. 

The July 2010 TP SNOPR did not 

affect DOE’s proposal from the October 

2008 TP NOPR that the test procedure 

would cover microwave ovens with and 

without browning (thermal) elements. 

Because DOE tentatively determined 

that the operation in standby and off 

mode for microwave-only units, 

microwave ovens with thermal elements 

only, and combination microwave ovens 

is the same, DOE proposed that the 

same test procedure amendments for 

standby and off mode testing, be used 

for all of these product types. Id. 

In response to the July 2010 TP 

SNOPR, DOE received multiple 

comments on its proposed definition of 

microwave oven for the purpose of 

determining covered products. Pacific 

Gas and Electric Company (PG&E), 

Southern California Gas Company 

(SCGC), San Diego Gas and Electric 

(SDG&E), and Southern California 

Edison (SCE), jointly (hereafter, ‘‘the 

California Utilities’’) the American 

Council for an Energy Efficient 

Economy (ACEEE) and the Appliance 

Standards Awareness Project (ASAP), 

jointly (hereafter, ‘‘ACEEE/ASAP 

Comment’’), and the Northwest Energy 

Efficiency Alliance (NEEA) supported 

DOE’s definition of microwave ovens 

with or without thermal elements. 

(ACEEE/ASAP Comment, No. 20 at p. 1; 

California Utilities, No. 17 at p. 1; 

NEEA, No. 16 at p. 2) The Association 

of Home Appliance Manufacturers 

(AHAM) stated that it opposed the 

inclusion of thermal elements designed 

for surface browning of food in the 

definition of microwave ovens because 

there is no repeatable and reproducible 

test procedure for thermal elements. 

According to AHAM, those units with 

thermal elements may use different 

amounts of energy than units with 

microwave-only capability, and 

furthermore, there is no definition of 

‘‘browning’’. (AHAM, No. 19 at p. 2) 

In today’s interim final rule, DOE is 

adopting provisions to measure the 

standby mode and off mode energy use 

of microwave ovens. The energy use of 

components necessary for any thermal 

elements, if present, in standby mode 

and off mode, would be measured under 

the amended test procedure. DOE is not 

adopting at this time any measures 

addressing energy use of microwave 

ovens in active mode, including the 

energy required to activate thermal 

elements. At the time that DOE 

considers amending the test procedure 

to include active mode energy use, DOE 

will evaluate the measurement of 

thermal element energy consumption, 

including methodology to account for 

the usage of such elements (i.e., surface 

browning or convection heating). DOE 

does not believe that the lack of current 

means to measure active mode energy 

use in microwave ovens warrants the 

exclusion of certain products from 

coverage under the amended test 

procedure, which is only addressing 

standby mode and off mode energy use. 

DOE also received multiple comments 

regarding the definition of combination 

ovens and their inclusion as covered 

products. AHAM and Whirlpool 

Corporation (Whirlpool) objected to the 

definition in the July 2010 TP SNOPR, 

stating that it is overly broad and that 

a free-standing range or built-in oven 

with a microwave component should 

not be considered as a combination 

microwave oven. AHAM and Whirlpool 

requested clarification as to whether a 

cooking product that utilizes radiant as 

well as microwave energy would be a 

covered product. According to 

Whirlpool, a cooking product which 

primarily uses radiant heat for cooking 

and which is supplemented by 

microwave energy would be covered as 

a conventional cooking product and 

thus should not be a covered product for 

this rulemaking. (AHAM, No. 19 at p. 2; 

AHAM, Public Meeting Transcript, No. 

26 at pp. 25, 30, 37–38; Whirlpool, No. 

18 at p. 2; Whirlpool, Public Meeting 

Transcript, No. 26 at pp. 36–37) GE 

Consumer and Industrial (GE) 

commented that the definition of 

combination microwave oven may not 

cover future products, and that 

evaluation of standby power may need 

to take into account such features as 

noise suppression and components to 

support heating elements. (GE, Public 

Meeting Transcript, No. 26 at pp. 30–31) 

AHAM and Whirlpool commented that 

the definition must be made in 

consideration of future active mode test 

procedures and energy conservation 

standards, as well as the current 

rulemakings addressing standby mode 

and off mode. AHAM stated that there 

is no test procedure for a convection 

microwave oven, and thus would object 

to combination microwave oven being a 

covered product for the standby mode 

and off mode test procedure because of 

the implications for active mode. 

According to AHAM, an active mode 

test procedure is likely to have inherent 

complexities and not considering active 

mode in the definition of covered 

products would only add to those 

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complexities. (AHAM, No. 19 at p. 2; 

AHAM, Public Meeting Transcript, No. 

26 at pp. 26–27, 33–35; Whirlpool, 

Public Meeting Transcript, No. 26 at 

p. 36) 

The California Utilities, the ACEEE/ 

ASAP Comment, NEEA, and the Natural 

Resources Defense Council (NRDC) 

support DOE’s definition of 

combination ovens and their inclusion 

as covered products. (California 

Utilities, No. 17 at p. 1; ACEEE/ASAP 

Comment, No. 20 at p. 1; NEEA, No. 16 

at p. 2; NRDC, No. 21 at p. 1) According 

to the California Utilities, no test data or 

information has been provided to 

suggest that combination microwave 

ovens have additional standby or off 

mode operations or features that would 

require separate test procedures to 

measure these modes. The California 

Utilities and NEEA stated that 

combination ovens are a significant and 

growing share of the overall microwave 

oven market, and the California Utilities 

commented that significant energy 

savings may be achieved by setting 

energy conservation standards 

addressing standby mode and off mode 

energy use for these products. 

(California Utilities, No. 17 at p. 1; 

NEEA, No. 16 at p. 2) ACEEE 

commented that test procedures should 

cover a broad range of products to 

support the energy conservation 

standards rulemaking process. (ACEEE, 

Public Meeting Transcript, No. 26 at pp. 

28–29) NRDC commented that it agreed 

with DOE’s conclusion in the July 2010 

TP SNOPR that standby mode and off 

mode functions do not vary across the 

scope of covered products and so there 

is no justification for different standby 

mode and off mode test procedures. 

NRDC also stated that the covered 

products could be categorized as 

different product classes for the 

purposes of energy conservation 

standards or could be the subject of 

different active mode test procedures. 

(NRDC, No. 21 at p. 1) 

In further considering the definition 

of combination microwave oven, DOE 

reiterates, as stated in the October 2008 

TP NOPR, that the proposal would 

exclude as a covered product the type 

of cooking appliance classified by DOE 

regulations as a microwave/ 

conventional range, which has separate 

compartments or components consisting 

of a microwave oven, a conventional 

oven, and a conventional cooking top. 

Therefore, the proposal would exclude 

a free-standing range with microwave 

capability. However, DOE does not have 

information to suggest that a built-in 

oven, incorporating both radiant 

elements and microwave capability, is 

fundamentally different in cooking 

functions than a countertop or over-therange cooking product incorporating 

similar heating components. DOE tests 

of combination microwave ovens 

included several built-in models, and 

DOE did not observe any different 

standby or off modes as compared to 

countertop and over-the-range models. 

Therefore, DOE believes a built-in 

combination microwave oven would be 

a covered product for the purposes of 

this test procedure. DOE based its 

analysis on products currently available 

on the market in the United States. DOE 

is unable to consider testing procedures 

for future products until it can review 

details of the technologies, control 

strategies, and operating modes of any 

such microwave ovens or combination 

microwave ovens. 

DOE further considered whether the 

definition of a combination microwave 

oven as a covered product hinges on 

which cooking mode (i.e., radiant 

heating or microwave energy) is 

primary. DOE is not aware of any 

cooking products with both microwave 

and radiant heating features which 

cannot be operated in microwave-only 

mode, nor does DOE have any 

information to determine consumer 

usage of microwave cooking as 

compared to other cooking modes for 

such products. Thus, DOE believes that 

all ovens equipped with microwave 

capability would be considered a 

covered product for today’s interim final 

rule. DOE will evaluate any differences 

among microwave ovens and 

combination microwave ovens, 

including installation configurations 

and heating features that may warrant 

different product classes or energy 

conservation standards during its 

microwave oven standards rulemaking. 

DOE notes that defining a covered 

product for the purposes of measuring 

standby mode and off mode energy use 

does not require that active mode 

provisions be specified for that same 

product. When considering future active 

mode test procedure amendments, DOE 

will evaluate the suitability of separate 

provisions for combination microwave 

ovens to measure the energy 

performance of heating components 

other than the microwave portion. 

AHAM noted the difference between 

countertop and over-the-range 

microwaves, and stated it was not sure 

if the difference should be addressed in 

the test procedure or by the creation of 

separate product classes in the energy 

conservation standards rulemaking. 

Limited DOE testing of a small sample 

of over-the-range microwave ovens, as 

well as more extensive testing of a 

sample of over-the-range combination 

microwave ovens did not identify any 

different standby or off modes as 

compared to countertop microwaveonly units. Thus, DOE determined that 

the measures it is adopting in today’s 

interim final rule will provide 

representative measures of standby 

mode and off mode energy use in 

countertop and over-the-range 

configurations of microwave ovens and 

combination microwave ovens, and is 

not providing an exclusion for over-therange units in the definition of covered 

products. Differences in energy use in 

these modes between countertop and 

over-the-range configurations would be 

evaluated as part of the energy 

conservation standards rulemaking 

addressing standby mode and off mode 

for microwave ovens. 

B. Effective Date for the Test Procedure 

and Date on Which Use of the Test 

Procedure Would Be Required 

The effective date of the standby and 

off mode test procedures for microwave 

ovens is 30 days after the date of 

publication of today’s interim final rule. 

However, DOE’s amended test 

procedure regulations codified in the 

CFR clarify that the procedures and 

calculations adopted in today’s interim 

final rule need not be performed to 

determine compliance with energy 

conservation standards, until 

compliance with any final rule 

establishing amended energy 

conservation standards for microwave 

ovens in standby mode and off mode is 

required. However, the standby mode 

and off mode energy consumption test 

procedures would need to be used by 

manufacturers for making any 

representations on standby and off 

mode power consumption. Specifically, 

clarification is provided that, as of 180 

days after publication of today’s interim 

final rule, any representations as to the 

standby mode and off mode energy 

consumption of the products that are 

the subject of this rulemaking would 

need to be based upon results generated 

under the applicable provisions of this 

test procedure. (42 U.S.C. 6293(c)(2)) In 

addition, in order to ensure that the 

amended test procedure adequately 

addresses the EISA 2007 requirement to 

consider the most recent version of IEC 

Standard 62301, and recognizing that 

the IEC issued IEC Standard 62301 

(Second Edition) in January of 2011, 

DOE is issuing this microwave oven test 

procedure as an interim final rule and 

offering an additional 180-day comment 

period to consider whether any changes 

should be made to this interim final rule 

in light of publication of IEC Standard 

62301 (Second Edition). DOE will 

consider these comments and, to the 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12831 

5 DOE previously defined microwave oven EF in 

10 CFR 430.23(i)(2) as the ratio of (Annual Useful 

Cooking Energy Output/Annual Total Energy 

Consumption), which was equivalent to microwave 

cooking efficiency (Test Energy Output/Test Energy 

Consumption). 

6 DOE reviewed IEC Standard 62087, which 

specifies methods of measurement for the power 

consumption of TV receivers, VCRs, set top boxes, 

audio equipment, and multi-function equipment for 

consumer use. IEC Standard 62087 does not, 

however, include measurement for the power 

consumption of electrical appliances such as 

microwave ovens. Therefore, DOE determined that 

IEC Standard 62087 was not suitable for the 

proposed amendments to the microwave oven test 

procedure for this rulemaking. 73 FR 62134, 62139 

(Oct. 17, 2008). 

extent necessary, publish a final 

rulemaking incorporating any changes. 

Whirlpool recommended a minimum 

3-year lead time between the issue date 

of a final rule and the compliance date, 

stating that this time period is necessary 

to allow for adequate development, 

testing, and introduction of the new 

electronic controls that will likely be 

needed to meet the requirements. 

(Whirlpool, No. 18 at p. 5) Although 

Whirlpool did not specify in its 

comments whether the dates referred to 

corresponded to the test procedure or 

energy conservation standards 

rulemaking, DOE notes that the 

amended test procedure in today’s 

interim final rule need not be performed 

by manufacturers until the compliance 

date of any amended energy 

conservation standards for microwave 

ovens addressing standby mode and off 

mode energy use. 

AHAM requested clarification 

regarding representations of energy use 

of a microwave oven model on the retail 

packaging. (AHAM, Public Meeting 

Transcript, No. 26 at pp. 59–61) As 

noted above, as of 180 days after 

publication of today’s interim final rule, 

any representations as to the standby 

mode and off mode energy consumption 

of the products that are the subject of 

this rulemaking would need to be based 

upon results generated under the 

applicable provisions of this test 

procedure. Such representations include 

those made in writing, including on a 

label, and in any broadcast 

advertisement. (42 U.S.C. 6293(c)(1)(B)) 

Because the provisions adopted in 

today’s interim final rule address 

microwave oven standby mode and off 

mode energy use, and because DOE is 

not adopting measures addressing active 

mode energy use, representations as to 

active mode energy use (e.g., the wattage 

of the product in cooking mode) are not 

subject to the requirements of 42 U.S.C. 

6293(c)(2). 

C. Measures of Energy Consumption 

Historically, DOE’s microwave oven 

test procedure provided for the 

calculation of several measures of 

energy consumption, including cooking 

efficiency, energy factor (EF), and 

annual energy consumption, and DOE’s 

rulemaking analyses have used EF as 

the energy conservation metric for 

microwave ovens.5

A number of interested parties 

provided input on the integration of 

standby and off mode test procedures in 

response to the October 2008 TP NOPR, 

in which DOE proposed separate 

metrics (average standby mode power 

(PSB) in watts (W) and average off mode 

power (POFF) in W, distinct from EF) to 

measure standby mode and off mode 

power given the measurement 

variability in the active mode test 

procedure and related concerns. 73 FR 

62134, 62139 (Oct. 17, 2008). 

DOE addressed the issues with the 

cooking efficiency measurement in the 

July 2010 TP Final Rule and notice 

announcing a public meeting to discuss 

the development of new active mode 

test procedure. 75 FR 42579 (July 22, 

2010) and 75 FR 42611 (July 22, 2010), 

respectively. DOE proposed only to 

establish the test procedure for 

microwave ovens to address standby 

mode and off mode energy 

consumption. 75 FR 42612, 42618. 

However, DOE also requested consumer 

usage data on representative food loads, 

as well as data indicating how changes 

to the test load would affect the 

measured EF and on the repeatability of 

such test results for consideration in an 

active mode test procedure rulemaking. 

Id. 

NEEA commented that, although an 

energy efficiency descriptor for standby 

mode and/or off mode and a separate 

energy efficiency descriptor for active 

cooking mode for microwave ovens is 

acceptable, it is not strongly supportive 

of that approach. NEEA stated that it is 

not troubled by the possibility that 

standby energy use could reverse the 

efficiency rankings of some products if 

a combined active and standby mode 

energy use descriptor were used. 

According to NEEA, if standby energy 

use is a large fraction of a product’s 

annual energy use, then the standby 

energy’s weight in the calculation of an 

annual energy use descriptor should be 

relatively large. NEEA also stated that if 

cooking efficiency results are not 

meaningful for microwave ovens, then 

this issue should be addressed in the 

active mode test procedure and energy 

conservation standards rulemakings. 

However, NEEA further stated that the 

current microwave descriptor is an EF 

metric, and that the most appropriate 

measure of standby and off mode energy 

consumption is annual energy use. For 

this reason, NEEA commented that not 

combining these two measures of 

efficiency is the simplest way to 

proceed with the microwave oven test 

procedure rulemaking, and therefore, 

NEEA accepts DOE’s proposal for 

separate metrics for active mode and 

standby and off mode energy use. 

(NEEA, No. 16 at pp. 1–2). 

AHAM, GE, and Whirlpool 

commented that they are unaware of 

any existing test procedures for 

measuring active mode energy 

consumption that are repeatable and 

reproducible. (AHAM, No. 19 at p. 6; 

AHAM, Public Meeting Transcript, No. 

26 at pp. 58–59; GE, Public Meeting 

Transcript, No. 26 at p. 61; Whirlpool, 

No. 18 at p. 2) AHAM also stated that 

it is unaware of any existing test 

procedure that has successfully 

incorporated actual food loads, and if 

DOE decides to move forward with an 

active mode test procedure, it should 

collect data on food loads. Several 

interested parties provided comments 

on the methods by which active mode 

could be tested. (AHAM, No. 19 at p. 6; 

Whirlpool, No. 18 at p. 2; NRDC, No. 21 

at pp. 1–2). 

DOE acknowledges these comments, 

and notes that the absence of active 

mode provisions results in a de facto 

separate energy use descriptor for 

microwave oven standby mode and off 

mode energy use. The consideration of 

active mode provisions, including a 

representative food load, is outside the 

scope of today’s interim final rule, 

which is addressing only standby mode 

and off mode energy use. DOE 

determined it would not be feasible to 

develop such active mode provisions in 

a time frame that would allow it to 

consider an integrated metric for this 

rulemaking. DOE will consider these 

comments separately as part of an active 

mode test procedure rulemaking for 

microwave ovens, which DOE 

announced it was considering in the 

notice of public meeting published in 

the Federal Register on July 22, 2010. 

75 FR 42611. 

D. Incorporating by Reference IEC 

Standard 62301 (First Edition) for 

Measuring Standby Mode and Off Mode 

Power in Microwave Ovens 

EPCA, as amended by EISA 2007, 

requires that DOE consider the most 

current versions of IEC Standards 62301 

and 62087 when amending test 

procedures to include standby mode 

and off mode energy consumption.6 (42 

U.S.C. 6295(gg)(2)(A)) 

DOE noted in the October 2008 TP 

NOPR that IEC Standard 62301 (First 

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12832 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

Edition) provides for the measurement 

of standby power in electrical 

appliances, including microwave ovens, 

and thus, is applicable to the proposed 

amendments to the test procedure. 73 

FR 62134, 62139–41 (Oct. 17, 2008). The 

July 2010 TP SNOPR did not affect 

DOE’s proposal of the clauses from 

sections 4 and 5 of IEC Standard 62301 

(First Edition) (i.e., paragraphs 4.2, 4.4, 

4.5, 5.1 (Note 1), and 5.3) identified in 

the October 2008 TP NOPR, but 

proposed to incorporate by reference an 

additional paragraph of IEC Standard 

62301 (First Edition) in response to 

comments. 75 FR 42612, 42618–19. 

Specifically, DOE stated in the July 

2010 TP SNOPR that incorporating 

paragraph 5.2, ‘‘Selection and 

preparation of appliance or equipment,’’ 

of IEC Standard 62301 (First Edition) 

provides clarification to the installation 

requirements for standby mode and off 

mode energy consumption testing. DOE 

also stated that paragraph 5.2 of IEC 

Standard 62301 (First Edition) provides 

additional guidance regarding 

specifications for test setup that would 

result in a measure of standby and off 

mode energy consumption that best 

replicates actual consumer usage. 

Therefore, DOE proposed in the July 

2010 TP SNOPR to incorporate by 

reference paragraph 5.2 of IEC Standard 

62301 (First Edition). 75 FR 42612, 

42619. 

DOE also noted in the July 2010 TP 

SNOPR that paragraph 4.3 of IEC 

Standard 62301 (First Edition) specifies 

the electrical supply requirements, 

stating that ‘‘where this standard is 

referenced by an external standard or 

regulation that specifies a test voltage 

and frequency, the test voltage and 

frequency so defined. Where the test 

voltage and frequency are not defined 

by an external standard, the test voltage 

and test frequency shall be * * *’’ 115 

volts (V) ± 1 percent and 60 Hz ± 1 

percent for North America. In addition, 

paragraph 4.3 of IEC Standard 62301 

(First Edition) specifies that some single 

phase voltages can be double the 

nominal voltage specified for that 

region, which would result in a voltage 

requirement of 230V ± 1 percent for 

North America. DOE stated in the July 

2010 TP SNOPR that it believes that the 

accuracy of the electrical supply, 

including voltage and frequency, 

specified in IEC Standard 62301 (First 

Edition) are generally recognized as 

suitable for producing robust standby 

and off mode power measurements in 

microwave ovens. However, DOE 

conducted a product literature review to 

analyze the electrical supply 

requirements for microwave ovens 

available on the U.S. market and 

determined that all microwave ovens 

specify a rated voltage of 120V or 240V 

(for a small number of combination 

microwave ovens) and a frequency of 60 

Hertz (Hz). For this reason, DOE 

proposed in the July 2010 TP SNOPR to 

specify electrical supply requirements 

of 120/240 V ± 1 percent and 60 Hz ± 

1 percent in section 2.2.1 of the DOE 

microwave oven test procedure. As 

noted in paragraph 4.3 of IEC Standard 

62301 (First Edition), the proposed 

voltage requirement of 120/240 V for 

standby and off mode testing would 

supersede the requirement of 115/230 V 

specified in IEC Standard 62301 (First 

Edition). 75 FR 42612, 42619. 

As discussed above in section III.A, 

because DOE tentatively concluded in 

the July 2010 TP SNOPR that the 

operation in standby and off mode is the 

same for microwave-only units, 

microwave ovens with thermal elements 

only, and combination microwave 

ovens, DOE proposed that the same test 

procedure amendments for standby and 

off mode testing discussed in this 

section be used for all of these product 

types. 75 FR 42612, 42620. 

DOE received comments from 

interested parties regarding the 

consideration of IEC Standard 62301 

(First Edition) as the most current 

version according to the EPCA 

requirement. (42 U.S.C. 6295(gg)(2)(A)) 

NRDC supports the incorporation of IEC 

Standard 62301 (without specification 

of the version) into to the regulations 

and believes this version is adequate for 

measuring the standby mode and off 

mode power of microwave ovens. 

(NRDC, No. 21 at p. 2) NEEA stated that 

it supports DOE’s use of the most 

current version of IEC Standard 62301 

to the maximum extent possible, 

especially for definitions and 

measurement protocols. NEEA 

commented that it agrees that products 

that are sold into such a broad variety 

of international markets should be 

subject to consistent testing. NEEA also 

stated, however, that DOE does not 

make use of the guidance provided in 

the annexes in IEC Standard 62301, and 

that DOE should be as specific as 

possible in adopting or incorporating by 

reference sections of this IEC standard. 

(NEEA, No. 16 at p. 3) 

AHAM and Whirlpool stated that 

DOE should use the provisions from the 

then most recent draft version of IEC 

Standard 62301 (Second Edition)—IEC 

Standard 62301 (FDIS)—for optimum 

international harmonization and to 

decrease test burden. (AHAM, No. 19 at 

p. 3, Whirlpool, No. 18 at p. 3) 

According to AHAM, microwave oven 

manufacturers build these products for 

worldwide distribution, requiring that 

manufacturers have the ability to build 

one microwave for distribution 

everywhere. AHAM commented that, 

while it supports DOE’s proposals 

regarding measurement of standby and 

off modes, DOE should reference IEC 

Standard 62301 (FDIS) instead of IEC 

Standard 62301 (First Edition) or IEC 

Standard 62301 (CDV), and that IEC 

Standard 62301 (FDIS) would soon be 

publicly available and formally adopted 

by IEC. AHAM stated that the modes 

and the definitions in the CDV and in 

the FDIS are essentially the same, but 

that IEC Standard 62301 (FDIS) contains 

many new sections that produce more 

accurate testing and measurements, 

including new or expanded sections on 

measurement of power uncertainty, 

crest factor, power measurement 

frequency response, sampling methods, 

average reading methods for non-cyclic 

loads, and instrument measurement 

methods. AHAM stated that these 

provisions are critical for third-party 

testing and verification testing of the 

very small amounts of energy use in 

standby mode. According to AHAM, all 

other governmental bodies that consider 

IEC standards are able to reference an 

FDIS version in their regulations 

because only grammatical corrections 

can be made between the FDIS stage and 

the final version. AHAM noted that IEC 

Standard 62301 (FDIS) will have to go 

out to committee members for a vote, 

but having passed at the CDV stage, 

AHAM believes IEC Standard 62301 

(FDIS) will garner the necessary number 

of votes to be issued. AHAM further 

stated that if DOE decides not to 

incorporate IEC Standard 62301 (FDIS) 

by reference, it should use its language 

in full. AHAM does not support 

incorporation by reference of IEC 

Standard 62301 (First Edition) 

combined with only some provisions 

from IEC Standard 62301 (CDV). AHAM 

commented that, for example, 

definitions from IEC Standard 62301 

(CDV) do not have the same meaning 

when combined with provisions from 

IEC Standard 62301 (First Edition), and 

that definitions for network mode are 

not provided in IEC Standard 62301 

(First Edition). Finally, AHAM stated 

that, if DOE chooses neither to 

incorporate the language of IEC 

Standard 62301 (FDIS) by reference nor 

to use its language in full, DOE should 

incorporate by reference or use the full 

language of IEC Standard 62301 (CDV). 

(AHAM, No. 19 at p. 3; AHAM, Public 

Meeting Transcript, No. 26 at pp. 41–45, 

47–49). 

IEC published the final version of IEC 

Standard 62301 (Second Edition) on 

January 27, 2011. Therefore, the second 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12833 

edition is now available for DOE’s 

consideration or incorporation by 

reference. DOE is aware that there are 

significant differences between IEC 

Standard 62301 (First Edition) and IEC 

Standard 62301 (FDIS), which was the 

latest draft version of IEC Standard 

62301 (Second Edition) available during 

the drafting of this interim final rule. 

For example, IEC Standard 62301 (FDIS) 

clarifies certain provisions, such as the 

definition of ‘‘standby mode’’ and ‘‘off 

mode’’ to allow for the measurement of 

multiple standby power modes. DOE 

notes that other significant changes in 

the methodology were first introduced 

only at the IEC Standard 62301 (FDIS) 

stage. These changes have not been the 

subject of significant comment from 

interested parties, nor has DOE had the 

opportunity to conduct a thorough 

analysis of those provisions. 

Consequently, the merits of these latest 

changes have not been fully vetted to 

demonstrate that they are preferable to 

the existing methodological provisions 

in the current version of the IEC 

standard. 

For the reasons discussed in section 

III.E, DOE did narrowly consider the 

language from IEC Standard 62301 

(FDIS) for mode definitions to address 

specific concerns raised by interested 

parties. Given the pending statutory 

deadline for issuance of a microwave 

oven standard and the recent adoption 

of IEC Standard 62301 (Second Edition), 

DOE has decided to base the test 

procedure amendments it is adopting in 

today’s interim final rule (other than the 

mode definitions, which are discussed 

in section III.E) on the provisions of IEC 

Standard 62301 (First Edition), but to 

seek comment on the merits of adopting 

additional provisions of IEC Standard 

62301 (Second Edition). 

As noted above, the July 2010 TP 

SNOPR proposed to incorporate by 

reference the clauses from sections 4 

and 5 of IEC Standard 62301 (First 

Edition) as proposed in the October 

2008 TP NOPR, along with paragraph 

5.2. 75 FR 42612, 42618–19. AHAM 

commented that it supports DOE’s 

proposal to incorporate by reference the 

electrical supply requirements in 

paragraph 4.3 and the testing conditions 

in paragraph 5.2 of IEC Standard 62301 

(without specification of the version of 

this IEC standard). (AHAM, No. 19 at 

pp. 3–4; AHAM, Public Meeting 

Transcript, No. 26 at pp. 66, 71–73) 

AHAM further stated that, in 

accordance with paragraph 5.2 of IEC 

Standard 62301 (FDIS), the appliance 

should be tested at factory or ‘‘default’’ 

settings, and that where there are no 

indications for such setting, the 

appliance should be tested as shipped. 

(AHAM, No. 19 at p. 4) ACEEE and the 

California Utilities objected to the 

proposal to test standby power at the 

factory or ‘‘default’’ settings. ACEEE 

asserted that it would allow the 

potential for ‘‘gaming,’’ by which 

manufacturers could ship products with 

settings that use minimal power that 

consumers could easily switch out of 

and that therefore these settings would 

not be representative of typical use. The 

California Utilities recommended that 

DOE not incorporate paragraph 5.2 of 

IEC Standard 62301 because, according 

to them, there are no data indicating 

that factory default modes are uniform 

or typically used by consumers. ACEEE 

and the California Utilities stated that 

DOE should require products to be set 

up for testing with the settings that 

produce the highest standby power 

consumption, ensuring that products in 

the field do not consume more standby 

power than the tested value. (ACEEE/ 

ASAP, No. 20 at p. 1; California 

Utilities, No. 17 at p. 2) NEEA stated 

that section 5.3.1 of IEC Standard 62301 

is explicit with regard to getting a 

repeatable measurement of average 

power over an extended time period and 

minimum number of what NEEA termed 

as ‘‘instability cycles,’’ and that the 

procedures in section 5 and additional 

information in annexes A and B of IEC 

Standard 62301 would be adequate for 

testing microwave oven standby power, 

as well as that of most other products. 

NEEA acknowledged the occasional 

need for specific testing guidance. 

According to NEEA, DOE might require 

the highest display mode power setting 

to be used during standby measurement, 

and if DOE does this for one product 

type, it should impose the same 

requirement for most other products. In 

cases where there is only one display 

mode, NEEA stated that this is not an 

issue, but for products in which display 

brightness and metrics can be adjusted 

by the consumer for other than very 

short-term use, the highest energy use 

mode should be tested. NEEA further 

stated that if these functions 

automatically revert to a lower power 

mode in a short time (i.e., less than one 

or two minutes), or the functions do not 

have a higher power consumption 

mode, then NEEA would support testing 

in ‘‘as-shipped’’ or ‘‘normal’’ mode. 

(NEEA, No. 16 at pp. 2–3) 

In response, DOE first clarifies that, 

although it inadvertently stated in the 

July 2010 TP SNOPR that it was 

proposing to incorporate by reference 

two additional clauses from IEC 

Standard 62301 (First Edition) as 

compared to the provisions it proposed 

to incorporate by reference in the 

October 2008 TP NOPR, it in fact only 

proposed regulatory language to 

additionally incorporate by reference 

paragraph 5.2 in the July 2010 TP 

SNOPR along with the paragraphs 

proposed to be incorporated by 

reference in the October 2008 TP NOPR. 

In the July 2010 TP SNOPR, DOE also 

considered incorporating by reference 

paragraph 4.3 of IEC Standard 62301 

(First Edition), but instead proposed 

voltage requirements that would 

supersede any requirements that would 

be imposed by the IEC Standard 62301 

(First Edition) provisions. 75 FR 42612, 

42619–20. 

In considering testing conditions, 

DOE notes that its test procedures are 

developed to measure representative 

energy use for the typical consumer and 

cannot capture all possible consumer 

actions and appliance usage patterns 

that might increase energy use. For 

example, certain products featuring a 

display power-down may allow 

consumers to alter the display settings 

to increase the amount of time in the 

high-power state, or to make the highpower state permanent. However, DOE 

believes in the absence of information 

indicating otherwise that the typical 

consumer will not alter the standard or 

default settings. DOE also did not 

receive data to support a determination 

that standby and off mode power 

measurements made at the highest 

power settings would be more 

representative of actual consumer use 

than measurements using the default 

settings. Thus, in today’s interim final 

rule, DOE is incorporating by reference 

section 5.2 of IEC Standard 62301 (First 

Edition), with the stipulation that 

standby mode and off mode 

measurements be made using the 

‘‘default’’ or ‘‘as-shipped’’ settings in the 

absence of specific manufacturer 

instructions. 

DOE did not receive comments on the 

suitability of incorporating in its 

microwave oven test procedure the 

other specific paragraphs for testing 

conditions and methods from IEC 

Standard 62301 (First Edition) that were 

proposed in the July 2010 TP SNOPR. 

In the absence of any comments 

objecting to those specific paragraphs, 

and for the reasons discussed above 

relating to the current version of IEC 

Standard 62301, DOE is adopting in 

today’s interim final rule the provisions 

from IEC Standard 62301 (First Edition) 

that were proposed in the July 2010 TP 

SNOPR (i.e., paragraphs 4.2, 4.4, 4.5, 5.1 

(Note 1), and 5.3), along with paragraph 

5.2 of IEC Standard 62301 (First 

Edition). 

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12834 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

7The actual language for the standby mode 

definition in IEC Standard 62301 CDV describes 

‘‘* * * user oriented or protective functions which 

usually persist’’ rather than ‘‘* * * user oriented or 

protective functions which may persist for an 

indefinite time.’’ DOE notes, however, that section 

5.1 of IEC Standard 62301 CDV states that ‘‘a mode 

is considered persistent where the power level is 

constant or where there are several power levels 

that occur in a regular sequence for an indefinite 

period of time.’’ DOE believes that the proposed 

language, which was originally included in IEC 

Standard 62301 CD2, encompasses the possible 

scenarios foreseen by section 5.1 of IEC Standard 

62301 CDV without unnecessary specificity. 

8As with the definition for standby mode, IEC 

Standard 62301 CDV qualifies off mode as one that 

‘‘* * * usually persists’’, rather than one that 

‘‘* * * may persist for an indefinite time.’’ For the 

same reasons as discussed for standby mode, DOE 

is proposing the latter definition. In addition, the 

off mode definition in IEC Standard 62301 states it 

is not providing a network mode function. Since 

DOE is unaware of any microwave oven that 

incorporates a network function, such as 

reactivation via network command or network 

integrity communication, it is not proposing to 

include this language in the definition of off mode 

in today’s SNOPR. 

E. Definitions of ‘‘Active Mode,’’ 

‘‘Standby Mode,’’ and ‘‘Off Mode’’ 

DOE proposed using the EPCA 

definitions of ‘‘active mode,’’ ‘‘standby 

mode,’’ and ‘‘off mode’’ in 42 U.S.C. 

6295(gg)(1)(A) in the October 2008 TP 

NOPR. As discussed in the October 

2008 TP NOPR, DOE considers ‘‘main 

functions’’ for a microwave oven to be 

those operations in which the 

magnetron and/or thermal element is 

energized for at least a portion of the 

time for purposes of heating, cooking, 

defrosting the load, or some 

combination of these. 73 FR 62134, 

62141 (Oct. 17, 2008). DOE noted that 

a microwave oven with a continuously 

energized display or cooking sensor, or 

a microwave oven that automatically 

powers down certain energy-consuming 

components after a cooking cycle and 

waits to detect an event to trigger reenergization of these components, 

would be considered capable of 

operation in standby mode but not off 

mode because activation of the higherpower state would be achieved by 

means of an internal sensor. DOE 

additionally clarified whether the 

presence of a manual power on-off 

switch would be considered to 

potentially put the microwave oven in 

standby mode or off mode. DOE noted 

that if the microwave oven is equipped 

with a manual power on-off switch, 

which completely cuts off power to the 

appliance (i.e., removes or interrupts all 

connections to the main power source, 

in the same manner as unplugging the 

appliance), the microwave oven would 

not be in the ‘‘off mode’’ when the 

switch is in the ‘‘off’’ position. Id. 

DOE stated in the July 2010 TP 

SNOPR that it believes the definitions of 

standby mode, off mode, and active 

mode provided in IEC Standard 62301 

(CDV), which at that time was the latest 

draft version, expand upon the EPCA 

mode definitions and provide additional 

guidance as to what functions are 

associated with each mode. DOE also 

stated that the comments received by 

IEC on IEC Standard 62301 (CD2), and 

the resulting amended mode definitions 

proposed in IEC Standard 62301 (CDV), 

demonstrate significant participation of 

interested parties in the development of 

the best possible definitions. For these 

reasons, DOE proposed definitions of 

standby mode, off mode, and active 

mode based on the definitions provided 

in IEC Standard 62301 (CDV) in the July 

2010 TP SNOPR. DOE stated that it 

believes that the mode definitions in the 

draft versions of IEC Standard 62301 

(Second Edition) represent a substantial 

improvement over those in IEC 

Standard 62301 (First Edition), and 

represent the best available definitions 

at this time as confirmed by the review 

and inputs from interested parties as 

part of the IEC rulemaking process. DOE 

also stated in the July 2010 TP SNOPR 

that it believes that the proposed 

definitions of standby, off, and active 

mode would be applied to microwaveonly units, microwave ovens with only 

thermal elements, and combination 

microwave ovens. 75 FR 42612, 42620– 

21. 

DOE proposed in the July 2010 TP 

SNOPR to define ‘‘standby mode’’ as the 

condition in which an energy-using 

product is connected to a mains power 

source and offers one or more of the 

following user oriented or protective 

functions which may persist for an 

indefinite time: 7 A remote switch 

(including a remote control), internal 

sensor, or timer to facilitate the 

activation of other modes (including 

activation or deactivation of active 

mode); and continuous functions, 

including information or status displays 

(including clocks) or sensor-based 

functions. 75 FR 42612, 42621. 

DOE proposed in the July 2010 TP 

SNOPR an additional clarification for 

standby mode that continuous clock 

functions include a timer that operates 

continuously, provides regular 

scheduled tasks (e.g. switching), and 

may or may not be associated with a 

display. This definition was developed 

based on the definitions provided in IEC 

Standard 62301 (CDV), and expands 

upon the EPCA mode definitions to 

provide additional clarifications as to 

which functions are associated with 

each mode. Under this definition of 

standby mode, remote controls and low 

voltage power supplies for controls, 

switches, memories, and clocks would 

be considered as operating in standby 

mode. Id. 

DOE proposed in the July 2010 TP 

SNOPR to define off mode as the 

condition in which the energy-using 

product is connected to a mains power 

source, is not providing any active or 

standby mode function, and may persist 

for an indefinite time.8 Off mode would 

also include an indicator that shows the 

user only that the product is in the off 

position. Under this proposed 

definition, an energized LED or other 

indication that shows the user only that 

the product is in the off position would 

be considered part of off mode, 

provided that no other standby or active 

mode functions are energized. However, 

if any energy is consumed by the 

appliance in the presence of a one-way 

remote control, the unit would be 

considered to be operating in standby 

mode because the remote control would 

be used to deactivate other mode(s). 

Electrical leakage and any energy 

consumed for electrical noise reduction, 

which are not specifically categorized as 

standby power functions, would be 

indicative of off mode. 75 FR 42612, 

42622. 

As part of the July 2010 TP SNOPR, 

DOE examined the issue of how to 

classify a microwave oven that is 

plugged into the main power supply but 

is not consuming energy due to the 

presence of an on/off switch. DOE first 

reviewed the discussion provided in 

annex A of IEC Standard 62301 (CDV) 

and according to section A.2, 

disconnected mode is included as a 

mode definition because many products 

are removed by users from mains power 

sources for substantial periods of time. 

DOE interprets this condition to refer to 

the power cord being unplugged from 

the power source. Section A.2 further 

states that ‘‘[a] product may have several 

off modes or it may have no off mode. 

Switches on products that are labeled as 

power, on/off, or standby may not 

reflect the mode classification based on 

the actual functions active in that 

mode.’’ Although this statement does 

not definitively establish a means by 

which to treat the presence of a power 

or on/off switch, DOE infers it to mean 

that products equipped with such 

switches can operate in off or standby 

mode(s) depending on what 

components may remain energized with 

the switch in the ‘‘off’’ position. 

However, the discussion is silent on 

whether activation of an on/off switch 

can place the product in disconnected 

mode. Considering the entirety of 

section A.2 in total, DOE concluded in 

the July 2010 TP SNOPR that the 

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disconnected mode for microwave 

ovens would be associated only with the 

removal of the power cord from the 

power source. Based on this review and 

acknowledging that classification of an 

on/off switch as operating in off mode 

in the absence of other energy use 

associated with standby mode would 

encourage manufacturers to provide 

such an energy-saving feature, DOE 

revised its determination proposed in 

the October 2008 TP NOPR and 

tentatively concluded in the July 2010 

TP SNOPR that zero energy 

consumption due to activation of an on/ 

off switch would be indicative of off 

mode rather than a disconnected mode. 

Id. 

In response to interested parties’ 

question of whether testing would be 

required for a device with off mode 

capability even though there is no 

reporting requirement or standard, DOE 

noted, in the July 2010 TP SNOPR, that 

any representations as to the standby 

and off mode energy consumption for 

microwave ovens would need to be 

based upon results generated under the 

applicable provisions of the test 

procedure that is the subject of this 

rulemaking. 75 FR 42612, 42622–23. 

Finally, DOE proposed in the July 

2010 TP SNOPR to define active mode 

as the condition in which the energyusing product ‘‘is connected to a mains 

power source, has been activated, and 

provides one or more main functions,’’ 

with the additional clarification that 

‘‘delay start mode is a ‘‘one-off’’, userinitiated, short-duration function that is 

associated with an active mode.’’ DOE 

noted that IEC Standard 62301 (CD2) 

provided additional clarification that 

‘‘delay start mode is a one off user 

initiated short duration function that is 

associated with an active mode.’’ IEC 

Standard 62301 (CDV) eliminated this 

clarification. In response to comments 

on IEC Standard 62301 (CD2) that led to 

IEC Standard 62301 (CDV), IEC stated, 

however, that delay start mode is a ‘‘oneoff’’ function of limited duration, which 

suggests that IEC does not consider it as 

part of standby mode although no 

conclusion is made as to whether it 

would be considered part of active 

mode. 75 FR 42612, 42623. 

DOE tentatively proposed in the July 

2010 TP SNOPR to consider delay start 

mode as part of active mode because it 

is a condition of finite duration that is 

user-initiated and uniquely associated 

with a cooking cycle. DOE determined 

that cooking or warming food would be 

considered active mode functions as 

well. 

DOE also noted that section 3.9 of IEC 

Standard 62301 (CDV) defines 

disconnected mode as ‘‘the status in 

which all connections to mains power 

sources of the energy using product are 

removed or interrupted.’’ IEC Standard 

62301 (CDV) also adds a note that 

common terms such as ‘‘unplugged’’ or 

‘‘cut off from mains’’ also describe this 

mode and that this mode is not part of 

the low power mode category. DOE 

stated in the July 2010 TP SNOPR that 

it believes that there would be no energy 

use in a ‘‘disconnected mode,’’ and 

therefore did not propose a definition or 

testing methods for such a mode in the 

DOE test procedure for microwave 

ovens. Id. 

The California Utilities and NRDC 

support DOE’s proposal to adopt the 

definitions of active, standby, and off 

modes from IEC Standard 62301 (CDV). 

(California Utilities, No. 17 at p. 2; 

NRDC, No. 21 at p. 2) AHAM 

commented that the mode definitions in 

IEC Standard 62301 (CDV) and IEC 

Standard 62301 (FDIS) are not going to 

vary. AHAM initially stated that DOE 

should move forward using the 

definitions that are in IEC Standard 

62301 (CDV), but later clarified its 

statements to recommend that DOE 

reference IEC Standard 62301 (FDIS) for 

the mode definitions. Whirlpool also 

stated that DOE should adopt mode 

definitions from IEC Standard 62301 

(FDIS). (AHAM, No. 19 at p. 4; AHAM, 

Public Meeting Transcript, No. 26 at 

p. 45; Whirlpool, No. 18 at p. 3) 

DOE has reviewed IEC Standard 

62301 (FDIS) and anticipates that the 

newly finalized IEC Standard 62301 

(Second Edition) defines the various 

modes differently than IEC Standard 

62301 (First Edition). IEC Standard 

62301 (FDIS) incorporates responses to 

comments from multiple national 

committees from member countries on 

several previous draft versions, and 

thus, DOE believes it provides the best 

available mode definitions. DOE has 

decided to consider the substance of the 

new operational mode definitions from 

the draft version IEC Standard 62301 

(FDIS). DOE notes that the mode 

definitions in IEC Standard 62301 

(FDIS) are substantively similar to those 

in the previous draft version (IEC 

Standard 62301 (CDV)), which were the 

subject of extensive comments from 

interested parties, both as noted above 

and during recent DOE test procedure 

rulemakings addressing standby mode 

and off mode energy use in other 

products (i.e., clothes dryers and room 

air conditioners). In those instances, 

interested parties indicated general 

support for adopting the mode 

definitions provided in IEC Standard 

62301 (CDV). Due to the effective 

equivalence of the mode definitions in 

IEC Standard 62301 (CDV) and IEC 

Standard 62301 (FDIS), DOE believes 

the public comment support expressed 

for the mode definitions in IEC Standard 

62301 (CDV) would extend to those in 

IEC Standard 62301 (FDIS). 

AHAM commented that the definition 

of ‘‘standby mode’’ should include a 

requirement that all products will 

default to the product’s standby mode as 

delivered from the factory. According to 

AHAM and Whirlpool, products may 

have provisions for the consumer to add 

or delete product functions that alter the 

as-shipped energy mode. AHAM stated 

that the power consumption in these 

user-selected modes may exceed the 

power consumption in the lowest 

power-consumption mode, and that the 

consumer must be informed as to how 

to make these selections and that their 

selection(s) would override the lowest 

power-consumption mode. (AHAM, No. 

19 at p. 4; Whirlpool, No. 18 at p. 3) 

DOE notes that design and labeling 

requirements are outside the scope of 

this test procedure rulemaking, thus 

DOE is not adopting, in today’s interim 

final rule, any measures specifying the 

default operation or provisions 

regarding consumer information, 

although potential design requirements 

may be considered in the microwave 

oven energy conservation standards 

rulemaking addressing standby mode 

and off mode energy use. DOE is, 

however, addressing the settings for 

standby mode and off mode testing in 

section III.F of today’s interim final rule. 

Whirlpool requested clarification on 

whether the use of an ‘‘Energy Save’’ 

pushbutton to enter a lower 

consumption state (such as by turning 

off a clock) is consistent with the 

definition of standby mode proposed by 

DOE, as allowed by the IEC Standard 

62301 (FDIS) definition. Whirlpool 

stated it prefers harmonization wherever 

practicable. Whirlpool also questioned 

whether the switch to standby power 

could be automatic. (Whirlpool, No. 18 

at p. 3) DOE agrees that such a 

pushbutton would be considered an 

internal sensor that would activate this 

lower consumption state, which could 

be considered either another standby 

mode or an off mode, depending on the 

components energized. As noted above, 

DOE is not addressing design 

requirements as part of this test 

procedure rulemaking. DOE will 

consider any such requirements for 

standby mode and off mode energy use 

as part of its energy conservation 

standards rulemaking for microwave 

ovens. 

Whirlpool and AHAM commented 

that they do not support the inclusion 

of power consumed by one-way remote 

controls in the definition of standby 

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12836 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

mode. (Whirlpool, No. 18 at p. 4; 

AHAM, No. 19 at p. 5) According to 

AHAM, although EPCA defines standby 

mode to include activation by remote 

control, one-way remotes do not meet 

the intent of the statute. AHAM and 

Whirlpool stated that a standard remote, 

when it powers a product ‘‘off’’, actually 

powers the product down, not off, such 

that it can be turned on again via remote 

control, and therefore would be 

classified as consuming standby power. 

AHAM and Whirlpool contrasted that 

with a one-way remote that turns the 

product completely off such that it 

cannot be turned on again through the 

use of the remote. Thus, AHAM 

commented that a one-way remote does 

not put the product into standby mode 

and should not be incorporated into 

standby mode. AHAM noted that there 

are few, if any, one-way remotes in the 

United States, but AHAM stated that 

including one-way remotes as part of off 

mode rather than standby mode would 

encourage manufacturers to design 

products with them and could result in 

decreased energy use. (AHAM, No. 19 at 

p. 5; Whirlpool, No. 18 at p. 4) 

DOE notes that the definition of 

standby mode proposed in the July 2010 

TP SNOPR states that standby mode 

includes user-oriented or protective 

functions to facilitate the activation of 

other modes (including activation or 

deactivation of active mode) by remote 

switch (including remote control), 

internal sensor, or timer. DOE believes 

that if the product is consuming energy 

to power an infrared sensor used to 

receive signals from a remote control 

(while not operating in the active 

mode), such a function would be 

considered part of standby mode, 

regardless of whether the remote is 

classified as ‘‘one-way’’ or ‘‘two-way,’’ 

because of the function to facilitate the 

deactivation of another mode by remote 

switch (including remote control), 

internal sensor, or timer. However, if a 

‘‘one-way’’ remote control powers the 

product down, including turning off any 

infrared sensors to receive signals from 

a remote control, then the product 

would be operating in the off mode 

when it is powered down, given that no 

other standby mode functions within 

the product are energized. 

AHAM also commented that DOE 

should consider additional provisions 

from paragraph 3.1 of IEC Standard 

62301 (FDIS) that define functions 

broadly, within which the specific 

modes are defined. AHAM stated that 

such additional references are necessary 

to provide context for the mode 

definitions. (AHAM, Public Meeting 

Transcript, No. 26 at pp. 70–71) 

Paragraph 3.1 of IEC Standard 62301 

(FDIS) defines a function as a 

predetermined operation undertaken by 

the energy-using product, and would be 

classified as: (1) A user-oriented 

secondary function (standby mode); (2) 

a network-related secondary function 

(network mode); (3) a primary function 

(active mode); and (4) other functions. 

DOE believes that the definitions of 

standby mode, off mode, and active 

mode in IEC Standard 62301 (FDIS) 

sufficiently describe all states of 

operation which are covered under the 

EPCA requirements in 42 U.S.C. 

6295(gg). As discussed later in this 

section, DOE is not adopting provisions 

to measure energy use in network mode. 

Thus, DOE is not adopting language in 

today’s interim final rule from 

paragraph 3.1 of IEC Standard 62301 

(FDIS). 

DOE received several comments on 

the definition of off mode and the 

conditions under which a microwave 

oven would be considered to be in 

disconnected mode. The California 

Utilities agreed with DOE’s proposal 

that the disconnected mode for 

microwave ovens would be associated 

only with the removal of the power cord 

from the power source, and that zero 

energy consumption due to the 

activation of an on-off switch would be 

indicative of off mode rather than a 

disconnected mode. (California Utilities, 

No. 17 at p. 2) Whirlpool supported 

DOE’s proposed definition of off mode. 

(Whirlpool, No. 18 at p. 3) GE 

questioned whether DOE was aware of 

any studies or information on a 240 volt 

microwave oven with multiple energy 

feeds but one on-off switch in the 

circuitry. (GE, Public Meeting 

Transcript, No. 26 at p. 83) DOE is not 

aware of such information, but believes 

that the provisions it is adopting today 

for measuring standby mode and off 

mode energy use would be applicable to 

a 240 volt microwave oven, regardless of 

any action of an on-off switch. If, with 

the switch in the ‘‘off’’ position, any 

components as described in the 

definition of standby mode were 

energized, the microwave oven would 

be considered to be operating in standby 

mode. 

AHAM commented that it agrees with 

DOE’s proposal that delay start mode 

should not be considered standby mode, 

and should instead be considered active 

mode. AHAM noted that the European 

Union (EU) also considers delay start 

mode part of active mode in its 

regulations. (AHAM, No. 19 at p. 5; 

AHAM, Public Meeting Transcript, No. 

26 at p. 82) 

After considering the most current 

version of IEC Standard 62301 (i.e., the 

First Edition) and the draft version of 

IEC Standard 62301 (i.e., FDIS), DOE 

has concluded that the definitions of 

‘‘standby mode,’’ ‘‘off mode,’’ and ‘‘active 

mode’’ provided in IEC Standard 62301 

(FDIS) are the most useful, in that they 

expand upon the EPCA mode 

definitions and provide additional 

guidance as to which functions are 

associated with each mode. Therefore, 

DOE is adopting definitions of ‘‘standby 

mode,’’ ‘‘off mode,’’ and ‘‘active mode’’ 

based on the definitions provided in IEC 

Standard 62301 (FDIS), as follows: 

• ‘‘Standby mode’’ means the product 

mode where the microwave oven is 

connected to a mains power source and 

offers one or more of the following useroriented or protective functions which 

usually persist: 

• To facilitate the activation of other 

modes (including activation or 

deactivation of active mode) by remote 

switch (including remote control), 

internal sensor, or timer; 

• Continuous function: information 

or status displays including clocks or 

sensor-based functions. 

DOE is also adopting in its 

amendments to the test procedure the 

clarification, provided as a note 

accompanying the definition of standby 

mode in IEC Standard 62301 (FDIS), 

that a timer is a continuous clock 

function (which may or may not be 

associated with a display) that provides 

regular scheduled tasks (e.g. switching) 

and that operates on a continuous basis. 

• ‘‘Off mode’’ means a product mode 

where the microwave oven is connected 

to a mains power source and is not 

providing any standby mode or active 

mode function and where the mode 

usually persists. An indicator that only 

shows the user that the product is in the 

off position is included within the 

classification of off mode. 

DOE notes that the definition of off 

mode in IEC Standard 62301 (FDIS) also 

includes the qualification that it is not 

providing any network mode function. 

However, for the reasons discussed 

below DOE is not including a definition 

of network mode in the amended 

microwave oven test procedure, DOE 

did not include reference to network 

mode in the definition of off mode for 

today’s interim final rule. 

• ‘‘Active mode(s)’’ means a product 

mode where the energy-using product is 

connected to a mains power source and 

at least one primary function is 

activated. 

Multiple interested parties submitted 

comments on the possibility of defining 

an additional ‘‘network mode’’. The 

California Utilities, NEEA, and the 

ACEEE/ASAP Comment commented 

that DOE should adopt a definition of 

network mode in the microwave oven 

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test procedure, (California Utilities, No. 

17 at p. 2; NEEA, No. 16 at p. 2; ACEEE/ 

ASAP Comment, No. 20 at p. 2) AHAM 

stated that, although there are not a 

sufficient number of products currently 

available on the market from which to 

gather data regarding network mode, 

DOE should define a network mode 

even if it cannot be measured, because 

leaving it out would hinder 

manufacturers’ development of products 

with network mode capabilities in the 

future. In the event DOE decides to 

address network mode at that time, 

AHAM stated it would not support 

including network mode in standby or 

off mode. According to AHAM, network 

mode and the energy use associated 

with ‘‘smart’’ appliances should be 

treated as a distinct energy use that 

enhances electrical grid system 

efficiencies that save energy and reduce 

carbon emissions. (AHAM, No. 19 at 

p. 5; AHAM, Public Meeting Transcript, 

No. 26 at pp. 73–76) The California 

Utilities stated that manufacturers have 

noted that they are developing products 

with networking capability, and that 

DOE should include the IEC standard 

definition of network mode in the 

microwave oven test procedure. The 

California Utilities also commented that 

DOE should collect test data from 

manufacturers of network-equipped 

products and develop a test procedure 

that measures energy use in this mode 

consistently and appropriately. 

(California Utilities, No. 17 at p. 2) The 

ACEEE/ASAP Comment expressed 

concern that, without provisions in the 

microwave oven test procedure for 

network mode, manufacturers could 

develop products that are always in 

network mode and therefore could be 

considered to have no standby power 

consumption. The ACEEE/ASAP 

Comment also stated that energy use in 

network mode could be significant. 

(ACEEE/ASAP Comment, No. 20 at p. 2) 

NEEA stated that it was unlikely to be 

Congress’ intent to exclude network 

mode when mandating DOE to establish 

test procedures and standards for 

standby mode and off mode energy use 

for a broad array of products. According 

to NEEA, even though very few 

products may have this mode or 

function built in (or operating) 

presently, there is no reason to leave 

this mode out in the test procedure 

rulemaking, especially since it would be 

straightforward to include based on the 

IEC Standard 62301 approach. NEEA 

commented that if a network mode 

microprocessor in a home appliance 

functions as it does in a number of other 

products, it will spend almost all of its 

time in its own standby mode and 

almost no time in its active mode, 

placing network mode energy use in the 

same category as a clock or control 

circuit energy use. NEEA further 

commented that it is likely that the 

network mode processor(s) could 

significantly increase the standby 

energy use of many products, 

warranting its inclusion in the 

microwave oven test procedure. (NEEA, 

No. 16 at p. 2) 

NRDC and Whirlpool do not support 

including a definition of network mode 

in the microwave oven test procedure at 

this time. NRDC stated that it is 

unaware of what network mode would 

entail for a microwave oven and that it 

is skeptical of its potential benefits. 

According to NRDC, microwave ovens 

are a convenience product that 

consumers generally want to use at a 

certain time when they want food 

heated quickly. Thus, NRDC stated, it is 

unlikely that the active mode function 

would be able to be delayed by a 

network mode function. NRDC further 

noted that network mode could be used 

to power down displays and other 

standby functions, but questioned 

whether this function would be 

accomplished by occupancy sensors or 

automatic power-down after a certain 

period of user inactivity. NRDC 

requested more data on network mode 

functions and potential benefits in 

microwave ovens. (NRDC, No. 21 at p. 

2) Whirlpool stated that, although 

network mode will become vital with 

the future development of ‘‘Smart Grid’’ 

appliances, such products do not exist 

today outside of development 

laboratories. Whirlpool commented that 

DOE should retain this mode as separate 

and distinct from other modes, but that 

DOE should not adopt standards or test 

procedures for network mode until 

manufacturers have sufficient quantities 

of Smart Grid models in production to 

support comprehensive testing and 

measurement. (Whirlpool, No. 18 at 

p. 4) 

Section 3.7 of IEC Standard 62301 

(FDIS) also defines ‘‘network mode’’ as a 

mode category that includes ‘‘any 

product modes where the energy using 

product is connected to a mains power 

source and at least one network function 

is activated (such as reactivation via 

network command or network integrity 

communication), but where the primary 

function is not active.’’ Section 3.7 of 

IEC Standard 62301 (FDIS) also 

provides a note, stating that ‘‘[w]here a 

network function is provided but is not 

active and/or not connected to a 

network, then this mode is not 

applicable. A network function could 

become active intermittently according 

to a fixed schedule or in response to a 

network requirement. A ‘network’ in 

this context includes communication 

between two or more separate 

independently powered devices or 

products. A network does not include 

one or more controls which are 

dedicated to a single product. Network 

mode may include one or more standby 

functions.’’ 

DOE notes that, in the absence of data 

on the operation and functionality of 

network mode, it is unable to define 

appropriate testing conditions and 

procedures for accurately measuring the 

energy use of microwave ovens capable 

of functioning in network mode. This 

lack of data also prevents DOE from 

evaluating how these products will 

develop in the future. Also, because 

DOE does not have sufficient data on 

the operation and functionality of 

network mode, it is not making a 

determination as to whether network 

mode would be included as part of 

standby or active mode. DOE may 

consider amendments to the microwave 

oven test procedure when products 

capable of functioning in network mode 

are in production and commercially 

available. At that time, comprehensive 

analysis can determine appropriate 

testing conditions and procedures for 

accurately measuring network mode and 

energy use. 

F. Specifications for the Test Methods 

and Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

DOE noted in the October 2008 TP 

NOPR that, because IEC Standard 62301 

(First Edition) is written to provide a 

certain degree of flexibility so that the 

test standard can be used to measure 

standby mode and off mode power for 

most household electrical appliances 

(including microwave ovens), it does 

not specify the test method for 

measuring the power consumption in 

cases in which the measured power is 

not stable. Section 5.3.2 of IEC Standard 

62301 (First Edition) states that ‘‘[i]f the 

power varies over a cycle (i.e., a regular 

sequence of power states that occur over 

several minutes or hours), the period 

selected to average power or accumulate 

energy shall be one or more complete 

cycles in order to get a representative 

average value.’’ 73 FR 62134, 62141 

(Oct. 17, 2008). For the October 2008 TP 

NOPR, DOE investigated the possible 

regular sequences of power states for 

microwave ovens in order to propose 

clarifying language to IEC Standard 

62301 (First Edition) that would provide 

accurate and repeatable test 

measurements. DOE’s testing of standby 

power led it to propose the test period 

in cases in which the power is not stable 

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as ‘‘a 12-hour ± 30-second period’’ to 

assure comparable and valid results. Id. 

As part of the July 2010 TP SNOPR, 

DOE investigated test methods to 

determine standby power over a shorter 

period than 12 hours. DOE first 

considered representing the average 

standby power over a 12-hour cycle by 

calculating a weighted average of power 

measurements at 18 different clock 

display times. This approach was 

discussed in detail in appendix 5B of 

the November 2007 ANOPR technical 

support document (TSD). Using this 

method, the standby power 

consumption and line voltage are 

measured as the clock is cycled through 

all the possible digit combinations (in 

terms of active elements) and then a 

regression analysis is performed to 

quantify the impact of the number of lit 

elements (by digit) and voltage on 

power consumption. The results were 

then integrated across the number of 

minutes that each active element 

combination is ‘‘on’’ through the course 

of the 12 hours. As noted in chapter 5 

of the November 2007 ANOPR TSD, the 

results for average standby power 

consumption using the methodology 

described above produced results that 

were within 1 to 2 percent of the 12- 

hour test results. 75 FR 42612, 42624. 

For the July 2010 TP SNOPR, DOE 

also investigated whether a single 10- 

minute measurement period with a 

starting clock time of 3:33 would be a 

reasonable proxy for the 12-hour 

standby power measurement in the 

event that power consumption is not 

stable. DOE analysis indicates that the 

proportion of time that each possible 

number of segments in a 7-segment LED 

display that are lit over the 10-minute 

time period from 3:33 to 3:42 is 

representative of the distribution of lit 

segments over a 12-hour period with an 

arbitrary starting time and would 

produce average standby power 

measurements comparable to those 

taken over 12 hours. Table 1 shows the 

comparison of average standby power 

measured for 11 units in DOE’s 

microwave oven test sample using the 

18-point, and 10-minute methodologies 

as compared to the 12-hour test. Id. 

TABLE 1—COMPARISON OF METHODOLOGIES FOR MEASURING MICROWAVE OVEN STANDBY POWER

Test unit Display type 

12-Hour 

method 

18-Point method 10-Minute method 

Standby 

watts * 

Standby 

watts * 

Percent 

difference 

Standby 

watts * 

Percent 

difference 

1 ................................. LCD .............................................. 1.567 1.552 ¥0.99 1.592 1.60 

2 ................................. LCD .............................................. 1.571 1.560 ¥0.70 1.554 ¥1.08 

3 ................................. LCD .............................................. 1.812 1.812 0.03 1.801 ¥0.61 

4 ................................. LCD .............................................. 1.490 1.475 ¥0.96 1.492 0.17 

5 ................................. LCD .............................................. 1.859 1.847 ¥0.60 1.874 0.84 

6 ................................. LCD .............................................. 3.788 3.798 0.26 3.818 0.81 

7 ................................. LCD .............................................. 3.641 3.642 0.04 3.606 ¥0.95 

8 ................................. LED .............................................. 1.802 1.796 ¥0.35 1.797 ¥0.32 

9 ................................. LED .............................................. 1.825 1.820 ¥0.25 1.816 ¥0.47 

10 ............................... LED .............................................. 3.185 3.177 ¥0.27 3.290 ** 3.28 

11 ............................... VFD .............................................. 5.600 5.611 0.20 5.607 0.13 

* Standby power measurements are scaled to normalize the supply power to 120.0 volts. 

** For this test, the supply power was significantly higher than 120.0 volts. Therefore, DOE believes the scaling of the measured standby power 

and thus the percentage difference from the 12-hour standby power measurement are not valid. 

Within DOE’s limited test sample, the 

average standby power measured over 

the specified 10-minute test period 

agrees within ±2 percent with average 

standby power measured over 12 hours. 

Therefore, DOE tentatively concluded in 

the July 2010 TP SNOPR that a 10- 

minute measurement period with a 

starting time of 3:33 provides a valid 

measure of standby energy use for those 

microwave ovens with power 

consumption varying according to the 

time displayed on the clock. DOE 

proposed in the July 2010 TP SNOPR to 

specify that, for microwave ovens for 

which standby power consumption is 

not stable, the clock display shall be set 

at 3:33 at the conclusion of the 

stabilization period and the test period 

shall be 10 minutes. Id. 

DOE noted in the July 2010 TP 

SNOPR that both the 18-point and 10- 

minute approaches for accelerated 

standby testing offer the possibility that 

a microwave oven could be programmed 

to alter its behavior when such a test is 

detected in order to minimize measured 

standby power consumption. For 

example, a microwave oven could be 

programmed to turn off its cooking 

sensors and/or dim its display only 

during the display times associated with 

the 18 measurement points or between 

display times 3:33 and 3:42. 75 FR 

42612, 42624–25. 

DOE stated in the July 2010 TP 

SNOPR that the microwave oven test 

procedure is designed to provide a 

measurement representative of average 

consumer use of the product, even if the 

test conditions and procedures may not 

be identical to average consumer use 

(for example, specified display times). 

DOE’s proposal reflected the statutory 

requirement, and the Department’s 

longstanding view, that the overall 

objective of the test procedure is to 

measure the product’s energy 

consumption during a representative 

average use cycle or period of use. 42 

U.S.C. 6293(b)(3). Further, the test 

procedure requires specific conditions 

during testing that are designed to 

ensure repeatability while avoiding 

excessive testing burdens. Although 

certain test conditions specified in the 

test procedure may deviate from 

representative use, such deviations are 

carefully designed and circumscribed in 

order to attain an overall calculated 

measurement of the energy 

consumption during representative use. 

Thus, it is—and has always been— 

DOE’s view that products should not be 

designed such that the energy 

consumption drops during test 

condition settings in ways that would 

bias the overall measurement to make it 

unrepresentative of average consumer 

use. DOE proposed in the July 2010 TP 

SNOPR to address this issue through 

this test procedure and related 

certification requirements. Accordingly, 

DOE’s proposed language both (1) made 

explicit in the regulatory text the 

Department’s long held interpretation 

that the purpose of the test procedure is 

to measure representative use and (2) 

proposed a specific mechanism—the 

waiver process—as a mandatory 

requirement for all products for which 

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the test procedure would not properly 

capture the energy consumption during 

representative use. The language did not 

identify specific product characteristics 

that could make the test procedure 

unsuitable for testing certain products 

(e.g. modification of operation based on 

display time) but rather described such 

characteristics generally, in order to 

assure that the language can apply to 

any potential features that would yield 

measurements unrepresentative of the 

product’s energy consumption during a 

representative use cycle. 

AHAM commented that DOE’s 

proposal should be clarified to state that 

the test is to be started when the display 

is at its lowest power consumption 

mode. (AHAM, No. 19 at p. 5) Initially, 

AHAM suggested that the clock display 

should be set 5 or 10 minutes earlier 

than 3:33, then wait until the display 

time reaches 3:33 to start the test period. 

According to AHAM, this would allow 

the clock display, which may get 

brighter when the time is set, to dim and 

thus reach its low power state before the 

standby power measurement is made. 

AHAM stated that this approach would 

be more representative of actual 

consumer use. (AHAM, Public Meeting 

Transcript, No. 26 at pp. 91–93) AHAM 

clarified its comments to state that the 

stabilization period should be 

conditions-based, meaning the clock 

display would be set to 3:33 minus 

whatever time it takes for that product 

to reach its stabilization period. 

According to AHAM, such an approach 

would allow each manufacturer to 

determine the amount of time to 

subtract with minimal additional test 

burden, and would produce the most 

repeatable and reproducible results. 

AHAM noted that the topic of test 

stabilization periods is covered in IEC 

Standard 62301 (FDIS) section 5.3.1 on 

sampling methods. That section of IEC 

Standard 62301 (FDIS) is specifically 

meant to deal with the issue of 

noncyclical loads or activities where the 

power is not stable over a period of 

time. (AHAM, No. 19 at pp. 5–6; 

AHAM, Public Meeting Transcript, No. 

26 at pp. 94–95) Whirlpool commented 

that it supports a standby power test 

cycle which after a period of 

stabilization, begins at a clock display 

time of 3:33 and extends for 10 minutes. 

Whirlpool further suggested allowing a 

30-minute stabilization period by setting 

the clock display at 3:03 and initiating 

the test measurement 30 minutes later 

(at 3:33), then measuring energy 

consumption for the 10-minute period. 

(Whirlpool, No. 18 at p. 4) In addition, 

AHAM and Whirlpool stated that 

controls which sense the test procedure 

and behave differently under those 

circumstances are not consistent with 

the intent of the test procedure. 

According to Whirlpool, such controls 

should either not be allowed or should 

require a waiver under which such 

different behavior is offset. AHAM and 

Whirlpool requested that, in the event 

that waivers are sought, DOE should 

develop a more expedient means of 

addressing and issuing waivers, as the 

current process is too long and 

cumbersome. AHAM further stated that 

the length of the waiver process delays 

time to market. (AHAM, No. 19 at p. 6; 

AHAM, Public Meeting Transcript, No. 

26 at pp. 97–98; Whirlpool, No. 18 at 

p. 4) 

The California Utilities commented 

that it supports the proposed 

clarification to the test procedure in 

which DOE specifies a test period of 10 

minutes with an initial clock display 

time of 3:33 for microwave ovens. 

However, it asked DOE to require this 

10-minute test procedure for all 

microwave ovens, irrespective of 

whether the standby power 

consumption is stable. According to the 

California Utilities, DOE has not clearly 

defined what constitutes an ‘‘unstable’’ 

standby power consumption. The 

California Utilities stated that, to ensure 

testing and reporting consistency, and 

in the absence of test data, DOE should 

require a test cycle of 10 minutes for all 

microwave ovens. The California 

Utilities asserted that this clarification 

that all products be tested for 10 

minutes would not substantially add to 

manufacturer test burden. (California 

Utilities, No. 17 at pp. 2–3) 

NRDC stated that it prefers the 12- 

hour test cycle methodology, but is open 

to considering the use of the 10-minute 

method, as it produces results that are 

accurate within 2 percent and provides 

a significantly smaller testing burden for 

manufacturers. NRDC expressed 

concern that the 10-minute method does 

not account for how quickly a 

microwave oven reaches the ‘‘stabilized’’ 

standby state, and that the term 

‘‘stabilization period’’ is not well defined 

and needs to be further clarified. NRDC 

further commented that, if the 10- 

minute method is used, a maximum 

time should be allowed for stabilization, 

to encourage products to reach their 

lowest power mode quickly. NRDC also 

stated that it was concerned that, 

despite the waiver process proposed by 

DOE, the 10-minute method is 

inherently more vulnerable to gaming 

than the 12-hour test cycle. NRDC did 

not provide suggestions on what 

measures beyond the proposed waiver 

could be instated to prevent gaming, but 

it stated that the concern about potential 

gaming is secondary to the stabilization 

concern, and that NRDC would support 

the 10-minute method as long as the 

stabilization period is addressed. 

(NRDC, No. 21 at p. 2) 

Section 5.3.1 of IEC Standard 62301 

(First Edition) states that, a mode is 

stable if the measured power varies less 

than 5 percent over a minimum 5- 

minute period, after which the power is 

measured after an additional period of 

at least 5 minutes. Thus, these 

provisions would require a total test 

time of at least 10 minutes. Therefore, 

DOE believes it is clear what constitutes 

the test for whether the standby power 

consumption is stable or unstable. 

Upon review of comments from 

interested parties, DOE concludes that a 

12-hour test requirement would 

represent a significant burden to 

manufacturers, and that the alternative 

10-minute method would minimize 

additional test burden. DOE agrees, 

however, that certain microwave oven 

displays may enter a higher-power state 

for a short period after the display time 

is set, after which the power may drop 

to a lower level that is more 

representative of actual use. Thus, DOE 

determined that the display time should 

be set in advance of the time required 

at the start of the measurement period, 

and that a stabilization period in the 

interim would allow the microwave 

oven to enter a lower-power state prior 

to the standby power measurement. 

DOE does not believe, however, that 

allowing the manufacturers to 

individually determine the stabilization 

period, would optimize the accuracy 

and repeatability of the test procedure. 

Based on DOE’s testing, which showed 

that all microwave ovens in its test 

sample dropped to the lower power 

state in less than 10 minutes and the 

fact that a stabilization period of 30 

minutes would effectively double the 

total test time, DOE believes that a 

requirement to set the display time to 

3:23 and allowing a 10-minute 

stabilization period prior to a 10-minute 

measurement period would best balance 

the need for reproducibility of the test 

procedure with the burden placed on 

manufacturers. 

DOE notes that the microwave oven 

test procedure is designed to provide an 

energy efficiency measurement 

consistent with representative average 

consumer use of these products, even if 

the test conditions and/or procedures 

may not themselves all be representative 

of average consumer use (e.g., testing 

with a display of only 3:33 to 3:42). 

DOE’s amendments reflect the statutory 

requirement, and the Department’s 

longstanding view, that the overall 

objective of the test procedure is to 

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12840 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

measure the product’s energy 

consumption during a representative 

average use cycle or period of use. (42 

U.S.C. 6293(b)(3)) Further, the test 

procedure requires specific conditions 

during testing that are designed to 

ensure repeatability while avoiding 

excessive testing burdens. Although 

certain test conditions specified in the 

test procedure may deviate from 

representative use, such deviations are 

carefully designed and circumscribed in 

order to attain an overall calculated 

measurement of the energy 

consumption during representative use. 

Thus, it is—and has always been— 

DOE’s view that products should not be 

designed such that the energy 

consumption drops during test 

condition settings in ways that would 

bias the overall measurement, thereby 

making it unrepresentative of average 

consumer use. If a manufacturer 

incorporates a power-saving mode as 

part of the appliance’s routine 

operation, DOE’s test procedure would 

produce a representative measure of 

average consumer use if the unit 

powered down during the 10-minute 

test period for the same percentage of 

time that such powering down would be 

expected to occur during a typical 12- 

hour period, and thus, such operation 

would be permissible. It has been the 

Department’s long-held interpretation 

that the purpose of the test procedure is 

to measure representative use. 

Ultimately, if DOE identifies a broad 

pattern of behavior which has the effect 

of circumventing its test procedure 

provisions, the Department may 

consider reopening the microwave oven 

test procedure for further rulemaking. 

DOE also notes it has made 

improvements in its response time to 

waiver requests, and will continue to 

strive for increased efficiency in this 

regard. 

G. Other Issues 

DOE proposed in the October 2008 TP 

NOPR to change the value of a 

conversion factor used in the microwave 

oven active mode calculations to correct 

an erroneous value. 73 FR 62134, 

62141–42 (Oct. 17, 2008). As noted in 

the July 2010 TP SNOPR (75 FR 42612, 

42625), the active mode provisions were 

removed from the microwave oven test 

procedure in the July 2010 TP Final 

Rule. Thus, the need for the technical 

correction is obviated and no such 

amendments are adopted in today’s 

interim final rule. 

H. Compliance With Other EPCA 

Requirements 

Section 323(b)(3) of EPCA requires 

that 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 during a representative 

average use cycle or period of use. Test 

procedures must also not be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)). 

DOE stated in the October 2008 TP 

NOPR that it believed that the 

incorporation of clauses regarding test 

conditions and methods in IEC Standard 

62301 (First Edition), along with the 

modifications described above, would 

satisfy this requirement. DOE also noted 

that the proposed amendments to the 

DOE test procedure incorporate a test 

standard that is widely used and 

accepted internationally to measure 

power use in standby mode and off 

mode. Based on DOE testing and 

analysis of IEC Standard 62301 (First 

Edition), DOE determined in the 

October 2008 TP NOPR that the 

proposed amendments to the microwave 

oven test procedure produce standby 

mode and off mode average power 

consumption measurements that 

represent an average use cycle both for 

cases in which the measured power is 

stable, as well as for when the measured 

power is unstable (i.e., varies over a 

cycle). DOE also stated that because the 

test methods and equipment that the 

amendments would require for 

measuring standby power in microwave 

ovens do not differ substantially from 

the test methods and equipment 

required under the previous test 

procedure, manufacturers would not be 

required to make a major investment in 

test facilities and new equipment. For 

these reasons, DOE concluded in the 

October 2008 TP NOPR that the 

amended test procedure would produce 

test results that measure the power 

consumption of a covered product 

during a representative average use 

cycle as well as annual energy 

consumption, and that the test 

procedure would not be unduly 

burdensome to conduct. 73 FR 62134, 

62142 (Oct. 17, 2008). 

Additionally, for reasons similar to 

those stated above, DOE stated in the 

July 2010 TP SNOPR that the proposed 

amendments to measure the standby 

and off mode power consumption of 

microwave ovens would not require 

manufacturers to make major 

investments in test facilities and new 

equipment, and would not be unduly 

burdensome to conduct. DOE proposed 

a significantly shorter test duration than 

the 12 hours that was proposed in the 

October 2008 TP NOPR—a 5-minute 

stabilization period and a 5-minute or 

10-minute test time, depending on 

whether the standby power 

consumption is stable. DOE stated in the 

July 2010 TP SNOPR that it believes that 

the number of units to be tested, 

according to the sampling requirements 

in 10 CFR 430.24(i), is reasonable and, 

along with the shorter test duration, 

would not substantially add to 

manufacturer test burden and would 

allow manufacturers that conduct 

quality assurance testing on the 

production line to continue to do so. 75 

FR 42612, 42625. 

DOE received comments on 

manufacturer test burden as discussed 

above in section III.F, and has 

determined that, although the test 

duration is slightly longer than that 

proposed in the July 2010 TP SNOPR 

because the initial stabilization period is 

10 minutes rather than 5 minutes, the 

methodology adopted in today’s interim 

final rule is otherwise largely similar 

and will not be unduly burdensome for 

manufacturers. DOE also continues to 

believe that the provisions to measure 

standby mode and off mode energy use 

would not require manufacturers to 

make major investments in test facilities 

and new equipment. 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003 to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE’s 

procedures and policies may be viewed 

on the Office of the General Counsel’s 

Web site (http://www.gc.doe.gov). DOE 

reviewed today’s interim final rule 

under the provisions of the Regulatory 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12841 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. 

In conducting this review, DOE first 

determined the potential number of 

affected small entities. The Small 

Business Administration (SBA) 

considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than the threshold 

number of workers specified in 13 CFR 

part 121 according to the North 

American Industry Classification 

System (NAICS) codes. The SBA’s Table 

of Size Standards is available at: 

http://www.sba.gov/idc/groups/public/ 

documents/sba_homepage/ 

serv_sstd_tablepdf.pdf. The threshold 

number for NAICS classification 

335221, Household Cooking Appliance 

Manufacturers, which includes 

microwave oven manufacturers, is 750 

employees. DOE surveyed the AHAM 

member directory to identify 

manufacturers of microwave ovens. In 

addition, as part of the appliance 

standards rulemaking, DOE asked 

interested parties and AHAM 

representatives within the microwave 

oven industry if they were aware of any 

small business manufacturers. DOE 

consulted publicly available data, 

purchased company reports from 

sources such as Dun & Bradstreet, and 

contacted manufacturers, where needed, 

to determine if they meet the SBA’s 

definition of a small business 

manufacturing facility and have their 

manufacturing facilities located within 

the United States. Based on this 

analysis, DOE understands that only 

multinational companies with more 

than 750 employees, and their wholly 

owned subsidiaries, exist in this 

industry. As a result, DOE does not 

expect any small businesses to be 

impacted by the interim final rule. 

For these reasons, DOE concludes that 

the interim final rule would not have a 

significant economic impact on a 

substantial number of small entities, 

and has sent a certification to this effect 

to the SBA. Accordingly, DOE has not 

prepared a regulatory flexibility analysis 

for this rulemaking. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This rule contains a collection-ofinformation requirement subject to the 

Paperwork Reduction Act (PRA) which 

has been approved by OMB under 

control number 1910–1400. Public 

reporting burden for compliance 

reporting for energy and water 

conservation standards is estimated to 

average 30 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. 

Send comments regarding this burden 

estimate—or any other aspect of this 

data collection, including suggestions 

for reducing the burden—to DOE (see 

ADDRESSES) or by e-mail to 

Christine_J._Kymn@omb.eop.gov. 

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 interim final rule, DOE is 

adopting 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, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 4, 

1999). 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 

that it will follow in developing such 

regulations. 65 FR 13735. DOE 

examined this interim final rule and 

determined that it would not preempt 

State law and would not have a 

substantial direct effect on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to the test procedures that 

are the subject of today’s interim final 

rule. States can petition DOE for a 

waiver of such preemption to the extent, 

and based on criteria, set forth in EPCA. 

(42 U.S.C. 6297) Executive Order 13132 

requires no further action. 

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 specifies the following: (1) 

The preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) 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 interim 

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) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

a regulatory action likely to result in a 

rule that may cause the expenditure by 

State, local, and Tribal governments, in 

the aggregate, or by the private sector of 

$100 million or more in any one year 

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12842 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish estimates of the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

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.’’ UMRA 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 such 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. (The policy is also available at 

http://www.gc.doe.gov.) Today’s interim 

final rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in an 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s interim final rule would have 

no 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 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the 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). DOE has reviewed 

today’s rule and concluded that it is 

consistent with applicable policies in 

the OMB and DOE 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 OIRA a Statement 

of Energy Effects for any significant 

energy action. The definition of a 

‘‘significant energy action’’ is 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. Today’s 

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. The 

Administrator of OIRA also did not 

designate the interim final rule as a 

significant energy action. Therefore, it is 

not a significant energy action. 

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 DOE 

Organization Act (Pub. L. 95–91), DOE 

must comply with section 32 of the 

Federal Energy Administration Act of 

1974 (Pub. L. 93–275), as amended by 

the Federal Energy Administration 

Authorization Act of 1977 (FEAA; Pub. 

L. 95–70) (15 U.S.C. 788). Section 32 

essentially provides that, where a rule 

authorizes or requires use of commercial 

standards, the 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 interim final rule incorporates 

testing methods contained in sections 4 

and 5 (paragraphs 4.2, 4.4, 4.5, 5.1 (Note 

1), 5.2, and 5.3) of the commercial 

standard, IEC Standard 62301 (First 

Edition). DOE has evaluated this 

standard and is unable to conclude 

whether it fully complies with the 

requirements of section 32(b) of the 

FEAA, i.e., whether it was developed in 

a manner that fully provides for public 

participation, comment, and review. 

DOE will consult with the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in this 

standard and will address any concerns 

when it publishes a response to the 

public comments on this interim final 

rule. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s 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. 801(2). 

V. Public Participation 

DOE will accept comments, data, and 

information regarding the interim final 

rule no later than the date provided in 

the DATES section at the beginning of 

this rule. Interested parties may submit 

comments using any of the methods 

described in the ADDRESSES section at 

the beginning of this rule. 

Submitting comments via 

regulations.gov. The 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 regulations.gov 

information for which disclosure is 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12843 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section below. 

DOE processes submissions made 

through 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 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via e-mail, 

hand delivery, or mail. Comments and 

documents submitted via e-mail, hand 

delivery, or mail also will be posted to 

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, e-mail 

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. Email 

submissions are preferred. If you submit 

via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (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 are 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 e-mail, postal mail, or 

hand delivery two well-marked copies: 

one copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via e-mail or 

on a CD, if feasible. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s interim 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. 

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons stated in the 

preamble, part 430 of chapter II of title 

10, Code of Federal Regulations, is 

amended as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 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. 

■ 2. Section 430.2 is amended by 

revising the definition for ‘‘Microwave 

oven’’ to read as follows: 

* * * * * 

Microwave oven means a class of 

kitchen ranges and ovens comprised of 

household cooking appliances 

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 combination 

ovens. 

* * * * * 

§ 430.3 [Amended] 

■ 3. Section 430.3 is amended in 

paragraph (l)(1) by adding the words 

‘‘Appendix I,’’ after the words 

‘‘Appendix F,’’. 

■ 4. Section 430.23 is amended by 

adding paragraph (i)(13) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(i) * * * 

(13) The energy test procedure is 

designed to provide a measurement 

representative of average consumer use 

of the product, even if the test 

conditions and procedures may not be 

identical to average consumer use (for 

example, specified display times). If a 

product contains energy consuming 

components that operate differently 

during the prescribed testing than they 

would during representative average 

consumer use, and applying the 

prescribed test to that product would 

evaluate it in a manner that is 

unrepresentative of its true energy 

consumption (thereby providing 

materially inaccurate comparative data), 

the prescribed procedure may not be 

used. For example, the energy use of a 

component in a product (such as 

display wattage) may not vary 

predictably as a function of operating 

conditions or control inputs—such as 

when a display is automatically 

dimmed when test conditions or test 

settings are reached. A manufacturer 

wishing to test such a product must 

obtain a waiver in accordance with the 

relevant provisions of 10 CFR part 430. 

* * * * * 

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12844 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

■ 5. Appendix I to Subpart B of Part 430 

is amended: 

■ a. By adding a note after the heading; 

■ b. By revising section 1. Definitions; 

■ c. In section 2. Test Conditions, by: 

■ i. Revising sections 2.2.1, 2.5, and 2.6; 

■ ii. Adding new sections 2.1.3, 2.2.1.1, 

2.2.1.2, 2.5.1, 2.5.2, and 2.9.1.3; and 

■ d. In section 3. Test Methods and 

Measurements, by: 

■ 1. Revising sections 3.1.1, 3.1.1.1, and 

3.1.2; and 

■ 2. Adding new sections 3.1.3, 3.1.3.1, 

3.2.3, and 3.3.13. 

The additions and revisions read as 

follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Conventional 

Ranges, Conventional Cooking Tops, 

Conventional Ovens, and Microwave 

Ovens 

Note: The procedures and calculations in 

this Appendix need not be performed to 

determine compliance with energy 

conservation standards for conventional 

ranges, conventional cooking tops, 

conventional ovens, and microwave ovens at 

this time. However, any representation 

related to standby mode and off mode energy 

consumption of these products made after 

September 6, 2011 must be based upon 

results generated under this test procedure, 

consistent with the requirements of 42 U.S.C. 

6293(c)(2). After July 1, 2010, however, when 

DOE adopts an energy conservation standard 

that incorporates standby mode and off mode 

energy consumption, and upon the 

compliance date for such standards, 

compliance with the applicable provisions of 

this test procedure will also be required. 

Future revisions may add relevant provisions 

for measuring active mode in microwave 

ovens. 

* * * * * 

1. Definitions 

1.1 Active mode means a mode in which 

a conventional cooking top, conventional 

oven, conventional range, or microwave oven 

is connected to a mains power source, has 

been activated, and is performing the main 

function of producing heat by means of a gas 

flame, electric resistance heating, or 

microwave energy. Delay start mode is a one 

off user-initiated short duration function that 

is associated with an active mode. 

1.2 Built-in means the product is 

supported by surrounding cabinetry, walls, 

or other similar structures. 

1.3 Drop-in means the product is 

supported by horizontal surface cabinetry. 

1.4 Forced convection means a mode of 

conventional oven operation in which a fan 

is used to circulate the heated air within the 

oven compartment during cooking. 

1.5 Freestanding means the product is not 

supported by surrounding cabinetry, walls, 

or other similar structures. 

1.6 IEC 62301 refers to the test standard 

published by the International 

Electrotechnical Commission, titled 

‘‘Household electrical appliances— 

Measurement of standby power,’’ Publication 

62301 (first edition June 2005). (incorporated 

by reference, see § 430.3) 

1.7 Normal nonoperating temperature 

means the temperature of all areas of an 

appliance to be tested are within 5 °F (2.8 °C) 

of the temperature that the identical areas of 

the same basic model of the appliance would 

attain if it remained in the test room for 24 

hours while not operating with all oven 

doors closed and with any gas pilot lights on 

and adjusted in accordance with 

manufacturer’s instructions. 

1.8 Off mode means a mode in which a 

conventional cooking top, conventional oven, 

conventional range, or microwave oven is 

connected to a mains power source and is not 

providing any active mode or standby mode 

function and where the mode may persist for 

an indefinite time. An indicator that only 

shows the user that the product is in the off 

position is included within the classification 

of an off mode. 

1.9 Primary energy consumption means 

either the electrical energy consumption of a 

conventional electric oven or the gas energy 

consumption of a conventional gas oven. 

1.10 Secondary energy consumption 

means any electrical energy consumption, 

other than clock energy consumption, of a 

conventional gas oven. 

1.11 Standard cubic foot (L) of gas means 

that quantity of gas that occupies 1 cubic foot 

(L) when saturated with water vapor at a 

temperature of 60 °F (15.6 °C) and a pressure 

of 30 inches of mercury (101.6 kPa) (density 

of mercury equals 13.595 grams per cubic 

centimeter). 

1.12 Standby mode means any mode in 

which a conventional cooking top, 

conventional oven, conventional range, or 

microwave oven is connected to a mains 

power source and offers one or more of the 

following user-oriented or protective 

functions which may persist for an indefinite 

time: (a) To facilitate the activation of other 

modes (including activation or deactivation 

of active mode) by remote switch (including 

remote control), internal sensor, or timer; (b) 

continuous functions, including information 

or status displays (including clocks) or 

sensor-based functions. A timer is a 

continuous clock function (which may or 

may not be associated with a display) that 

allows for regularly scheduled tasks and that 

operates on a continuous basis. 

1.13 Thermocouple means a device 

consisting of two dissimilar metals which are 

joined together and, with their associated 

wires, are used to measure temperature by 

means of electromotive force. 

1.14 Symbol usage. The following 

identity relationships are provided to help 

clarify the symbology used throughout this 

procedure. 

A—Number of Hours in a Year 

B—Number of Hours Pilot Light Contributes 

to Cooking 

C—Specific Heat 

E—Energy Consumed 

Eff—Cooking Efficiency 

H—Heating Value of Gas 

K—Conversion for Watt-hours to Kilowatthours 

Ke—3.412 Btu/Wh, Conversion for Watthours to Btu’s 

M—Mass 

n—Number of Units 

O—Annual Useful Cooking Energy Output 

P—Power 

Q—Gas Flow Rate 

R—Energy Factor, Ratio of Useful Cooking 

Energy Output to Total Energy Input 

S—Number of Self-Cleaning Operations per 

Year 

T—Temperature 

t—Time 

V—Volume of Gas Consumed 

W—Weight of Test Block 

2. Test Conditions 

* * * * * 

2.1.3 Microwave ovens. 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. The microwave 

oven shall also be installed in accordance 

with Section 5, Paragraph 5.2 of IEC 62301 

(incorporated by reference; see § 430.3). A 

watt meter shall be installed in the circuit 

and shall be as described in section 2.9.1.3. 

* * * * * 

2.2.1 Electrical supply. 

2.2.1.1 Voltage. Maintain the electrical 

supply to the conventional range, 

conventional cooking top, and conventional 

oven being tested at 240/120 volts except that 

basic models rated only at 208/120 volts shall 

be tested at that rating. Maintain the voltage 

within 2 percent of the above specified 

voltages. For microwave oven testing, 

maintain the electrical supply to the 

microwave oven at 120/240 volts and 60 

hertz. For conventional range, conventional 

cooking top, and conventional oven standby 

mode and off mode testing, maintain the 

electrical supply frequency at 60 hertz ± 1 

percent. Maintain the electrical supply for 

microwave oven testing within 1 percent of 

the specified voltage and frequency. 

2.2.1.2 Supply voltage waveform. For the 

standby mode and off mode testing, maintain 

the electrical supply voltage waveform as 

indicated in Section 4, Paragraph 4.4 of IEC 

62301 (incorporated by reference; see 

§ 430.3). 

* * * * * 

2.5 Ambient room air temperature. 

2.5.1 Active mode ambient room air 

temperature. During the active mode test, 

maintain an ambient room air temperature, 

TR, of 77 ° ± 9 °F (25 ° ± 5 °C) for conventional 

ovens and cooking tops, as measured at least 

5 feet (1.5 m) and not more than 8 feet (2.4 

m) from the nearest surface of the unit under 

test and approximately 3 feet (0.9 m) above 

the floor. The temperature shall be measured 

with a thermometer or temperature 

indicating system with an accuracy as 

specified in section 2.9.3.1. 

2.5.2 Standby mode and off mode 

ambient temperature. For standby mode and 

off mode testing, maintain room ambient air 

temperature conditions as specified in 

Section 4, Paragraph 4.2 of IEC 62301 

(incorporated by reference; see § 430.3). 

2.6 Normal nonoperating temperature. 

All areas of the appliance to be tested shall 

attain the normal nonoperating temperature, 

as defined in section 1.7, before any testing 

begins. The equipment for measuring the 

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applicable normal nonoperating temperature 

shall be as described in sections 2.9.3.1, 

2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable. 

* * * * * 

2.9.1.3 Standby mode and off mode watt 

meter. The watt meter used to measure 

standby mode and off mode shall have a 

resolution as specified in Section 4, 

Paragraph 4.5 of IEC 62301 (incorporated by 

reference; see § 430.3). The watt meter shall 

also be able to record a ‘‘true’’ average power 

as specified in Section 5, Paragraph 5.3.2(a) 

of IEC 62301. 

* * * * * 

3. Test Methods and Measurements 

3.1. Test methods. 

3.1.1 Conventional oven. Perform a test 

by establishing the testing conditions set 

forth in section 2, ‘‘TEST CONDITIONS,’’ of 

this Appendix, and adjust any pilot lights of 

a conventional gas oven in accordance with 

the manufacturer’s instructions and turn off 

the gas flow to the conventional cooking top, 

if so equipped. Before beginning the test, the 

conventional oven shall be at its normal 

nonoperating temperature as defined in 

section 1.7 and described in section 2.6. Set 

the conventional oven test block W1

approximately in the center of the usable 

baking space. If there is a selector switch for 

selecting the mode of operation of the oven, 

set it for normal baking. If an oven permits 

baking by either forced convection by using 

a fan, or without forced convection, the oven 

is to be tested in each of those two modes. 

The oven shall remain on for at least one 

complete thermostat ‘‘cut-off/cut-on’’ of the 

electrical resistance heaters or gas burners 

after the test block temperature has increased 

234 °F (130 °C) above its initial temperature. 

3.1.1.1 Self-cleaning operation of a 

conventional oven. Establish the test 

conditions set forth in section 2, ‘‘TEST 

CONDITIONS,’’ of this Appendix. Adjust any 

pilot lights of a conventional gas oven in 

accordance with the manufacturer’s 

instructions and turn off the gas flow to the 

conventional cooking top. The temperature of 

the conventional oven shall be its normal 

nonoperating temperature as defined in 

section 1.7 and described in section 2.6. 

Then set the conventional oven’s selfcleaning process in accordance with the 

manufacturer’s instructions. If the selfcleaning process is adjustable, use the 

average time recommended by the 

manufacturer for a moderately soiled oven. 

* * * * * 

3.1.2 Conventional cooking top. Establish 

the test conditions set forth in section 2, 

‘‘TEST CONDITIONS,’’ of this Appendix. 

Adjust any pilot lights of a conventional gas 

cooking top in accordance with the 

manufacturer’s instructions and turn off the 

gas flow to the conventional oven(s), if so 

equipped. The temperature of the 

conventional cooking top shall be its normal 

nonoperating temperature as defined in 

section 1.7 and described in section 2.6. Set 

the test block in the center of the surface unit 

under test. The small test block, W2, shall be 

used on electric surface units of 7 inches (178 

mm) or less in diameter. The large test block, 

W3, shall be used on electric surface units 

over 7 inches (177.8 mm) in diameter and on 

all gas surface units. Turn on the surface unit 

under test and set its energy input rate to the 

maximum setting. When the test block 

reaches 144 °F (80 °C) above its initial test 

block temperature, immediately reduce the 

energy input rate to 25 ± 5 percent of the 

maximum energy input rate. After 15 ± 0.1 

minutes at the reduced energy setting, turn 

off the surface unit under test. 

* * * * * 

3.1.3 Microwave oven. 

3.1.3.1 Microwave oven test standby 

mode and off mode power. Establish the 

testing conditions set forth in section 2, 

‘‘TEST CONDITIONS,’’ of this Appendix. For 

microwave ovens that drop from a higher 

power state to a lower power state as 

discussed in Section 5, Paragraph 5.1, Note 

1 of IEC 62301 (incorporated by reference; 

see section 430.3), allow sufficient time for 

the microwave oven to reach the lower power 

state before proceeding with the test 

measurement. Follow the test procedure as 

specified in Section 5, Paragraph 5.3 of IEC 

62301. For units in which power varies as a 

function of displayed time in standby mode, 

set the clock time to 3:23 and use the average 

power approach described in Section 5, 

Paragraph 5.3.2(a), but with a single test 

period of 10 minutes +0/¥2 sec after an 

additional stabilization period until the clock 

time reaches 3:33. If a microwave oven is 

capable of operation in either standby mode 

or off mode, as defined in sections 1.12 and 

1.8, respectively, or both, test the microwave 

oven in each mode in which it can operate. 

* * * * * 

3.2.3 Microwave oven test standby mode 

and off mode power. Make measurements as 

specified in Section 5, Paragraph 5.3 of IEC 

62301 (incorporated by reference; see 

§ 430.3). If the microwave oven is capable of 

operating in standby mode, measure the 

average standby mode power of the 

microwave oven, PSB, in watts as specified in 

section 3.1.3.1. If the microwave oven is 

capable of operating in off mode, measure the 

average off mode power of the microwave 

oven, POFF, as specified in section 3.1.3.1. 

* * * * * 

3.3.13 Record the average standby mode 

power, PSB, for the microwave oven standby 

mode, as determined in section 3.2.3 for a 

microwave oven capable of operating in 

standby mode. Record the average off mode 

power, POFF, for the microwave oven off 

mode power test, as determined in section 

3.2.3 for a microwave oven capable of 

operating in off mode. 

* * * * * 

[FR Doc. 2011–5044 Filed 3–8–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1296; Directorate 

Identifier 2010–CE–063–AD; Amendment 

39–16625; AD 2011–06–01] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft Model CAP 10 B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

A fatal accident occurred to a CAP 10C, in 

which the pilot lost control of the aeroplane. 

The following investigation has revealed 

that the probable cause of the accident was 

the improper locking of a turnbuckle (locking 

clip missing) of the flight control cables, and 

the subsequent inadvertent release of the 

pitchup control cable from the turnbuckle. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

13, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 30, 2010 (75 FR 

82335). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

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