72332 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 

hospitalizations and deaths in the 

United States. 

Beef slaughter and further processing 

plants should now begin to assess their 

food safety systems to ensure that they 

are capable of controlling these 

pathogens. Given FSIS’s planned course 

of action, establishments that produce 

the listed products should take steps to 

ensure that the laboratory test they use 

to verify the controls they employ is 

effective in reliably detecting the 

presence of these pathogens. 

Establishments can rely upon the FSIS 

laboratory methodology released in 

October and updated on November 4, 

2011, which has been demonstrated to 

reliably identify these pathogens, or 

they can use an equivalent methodology 

of their choice. 

II. Purpose of the Meeting and Agenda 

To provide the public with an 

opportunity to comment on the 

Agency’s implementation plans and 

methods for controlling non-O157 STEC 

in raw, intact and non-intact beef 

products and product components, FSIS 

will hold a public meeting by 

teleconference. The meeting will be 

held on December 1, 2011. Submit 

comments on or before December 21, 

2011. The teleconference format is being 

used to provide individuals with easier 

access to the meeting, particularly those 

who may lack the resources or time to 

attend a meeting in person. Access to 

the 800 number for the teleconference 

number should be toll free for both 

domestic and international callers. 

Interested persons are encouraged to 

join the teleconference at or near the 

start time. FSIS may end the 

teleconference early if participants are 

no longer calling in to make comments. 

III. Transcripts 

As soon as the meeting transcripts are 

available, they will be accessible at 

http://www.regulations.gov. The 

transcripts may be viewed at the FSIS 

Docket Room, U.S. Department of 

Agriculture, Food Safety and Inspection 

Service, Patriots Plaza III, 8–164, 355 E 

Street SW., Washington, DC 20024– 

3221. 

Additional Public Notification 

FSIS will announce this document 

online through the FSIS Web page 

located at http://www.fsis.usda.gov/

regulations_&_policies/

Federal_Register_Notices/index.asp. 

FSIS will also make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. In 

addition, FSIS offers an electronic mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/News_&_

Events/Email_Subscription/. Options 

range from recalls to export information 

to regulations, directives and notices. 

Customers can add or delete 

subscriptions themselves, and have the 

option to password protect their 

accounts. 

Done at Washington, DC, on November 18, 

2011. 

Alfred V. Almanza, 

Administrator, FSIS. 

[FR Doc. 2011–30271 Filed 11–18–11; 4:15 pm] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2008–BT–TP–0011] 

RIN 1904–AB78 

Energy Conservation Program: Test 

Procedure for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) published an interim final 

rule on March 9, 2011, 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. Those 

amendments incorporated 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, those 

amendments adopted 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. Just prior to 

publication of the interim final rule, the 

IEC replaced the First Edition of this 

standard with the current Second 

Edition. This supplemental notice of 

proposed rulemaking proposes to 

incorporate the latest edition of IEC 

Standard 62301. 

DATES: DOE will accept comments, data, 

and information regarding this 

supplemental notice of proposed 

rulemaking (SNOPR) submitted no later 

than December 23, 2011. See section V, 

‘‘Public Participation,’’ for details. 

ADDRESSES: Any comments submitted 

must identify the SNOPR on Test 

Procedures for Microwave Ovens, and 

provide 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 for submitting comments. 

2. Email: 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. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

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. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (Public 

Participation). 

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. All documents in 

the docket are listed in the http:// 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 72333 

1EISA 2007 directs DOE to also consider IEC 

Standard 62087 when amending its test procedures 

to include standby mode and off mode energy 

consumption. See 42 U.S.C. 6295(gg)(2)(A). 

However, IEC Standard 62087 addresses the 

methods of measuring the power consumption of 

audio, video, and related equipment. Accordingly, 

the narrow scope of this particular IEC standard 

reduces its relevance to today’s proposal. 

2 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 

Continued 

A link to the docket web page can be 

found at: http://www.regulations.gov/ 

#!docketDetail;rpp=10;po=0;D=EERE2008-BT-TP-0011. This web page 

contains a link to the docket for this 

notice on the http:// 

www.regulations.gov site. The http:// 

www.regulations.gov web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. See section V for 

information on how to submit 

comments through http:// 

www.regulations.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or email: 

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. Email: 

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, Email: 

Ari.Altman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Legal Authority 

II. Summary of the Supplemental Notice of 

Proposed Rulemaking 

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. Incorporation of IEC Standard 62301 

(Second Edition) 

1. Stable Power Consumption 

2. Unstable, Non-Cyclic Power 

Consumption 

3. Cyclic Power Consumption 

4. Product Testing 

5. Conclusions on Test Methodology 

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

Mode,’’ and ‘‘Off Mode’’ 

E. Specifications for the Test Methods and 

Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

F. Compliance With Other EPCA 

Requirements 

1. Test Burden 

2. Certification Requirements 

IV. Procedural Issues and Regulatory Review 

V. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

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, ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the Energy 

Independence and Security Act of 2007 

(EISA 2007), Pub. L. 110–140 (Dec. 19, 

2007)). Part B of title III, which for 

editorial reasons was redesignated as 

Part A upon incorporation into the U.S. 

Code (42 U.S.C. 6291–6309), establishes 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles,’’ including microwave 

ovens, the subject of today’s notice. (42 

U.S.C. 6291(1)–(2) and 6292(a)(10)) 

Under EPCA, this program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy conservation 

standards, and (4) certification and 

enforcement procedures. The testing 

requirements consist of test procedures 

that manufacturers of covered products 

must use (1) as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA, and (2) 

for making representations about the 

efficiency of those products. Similarly, 

DOE must use these test requirements to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

General Test Procedure Rulemaking 

Process 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides in relevant part 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 and 

shall not be unduly burdensome to 

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

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6293(b)(2)) 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. (42 U.S.C. 6293(e)(2)) 

The EISA 2007 amendments to EPCA, 

in relevant part, require DOE to amend 

the test procedures for all residential 

covered products to include measures of 

standby mode and off mode energy 

consumption. Specifically, section 310 

of EISA 2007 provides definitions of 

‘‘standby mode’’ and ‘‘off mode’’ (42 

U.S.C. 6295(gg)(1)(A)) and permits DOE 

to amend these definitions in the 

context of a given product (42 U.S.C. 

6295(gg)(1)(B)). The statute requires 

integration of such energy consumption 

‘‘into the overall energy efficiency, 

energy consumption, or other energy 

descriptor for each covered product, 

unless the Secretary determines that— 

(i) The current test procedures for a 

covered product already fully account 

for and incorporate the standby mode 

and off mode energy consumption of the 

covered product; or 

(ii) Such an integrated test procedure 

is technically infeasible for a particular 

covered product, in which case the 

Secretary shall prescribe a separate 

standby mode and off mode energy use 

test procedure for the covered product, 

if technically feasible.’’ (42 U.S.C. 

6295(gg)(2)(A)) 

Under the statutory provisions 

adopted by EISA 2007, any such 

amendment must consider the most 

current versions of IEC Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power,’’ and 

IEC Standard 62087, ‘‘Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment.’’ 1 Id. At the time of 

the enactment of EISA 2007, the most 

current versions of these standards were 

IEC Standard 62301 (First Edition 2005– 

06) and IEC Standard 62087 (Second 

Edition 2008–09). 

DOE Test Procedure at Appendix I 

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).2 That test procedure 

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72334 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 

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 was 

unaware of any test procedures that had been 

developed that addressed 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. 

3 IEC Standard 62301 (CD2) was the draft version 

immediately preceding IEC Standard 62301 (CDV). 

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, ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ Edition 2.0 2011–01 (IEC 

Standard 62301 (Second Edition) or 

‘‘Second Edition’’), which was in the 

process of being drafted. 

EPCA requires DOE to consider the 

most recent version of IEC Standard 

62301. (42 U.S.C. 6295(gg)(2)(A)) 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. DOE anticipated, based on 

review of drafts of the updated IEC 

Standard 62301, that the revisions could 

include different mode definitions. The 

revised version was expected in July 

2009. IEC Standard 62301 (Second 

Edition) was not published, however, 

until January 27, 2011. 

Because the EISA 2007 amendments 

to EPCA required 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) 

contained 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)) 3 and 

which addressed 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 

believed that those most recent mode 

definitions represented 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). 

On March 9, 2011, DOE published an 

interim final rule (hereafter referred to 

as the March 2011 Interim Final Rule) 

amending the test procedures for 

microwave ovens. 76 FR 12825. The 

March 2011 Interim Final Rule 

incorporated 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 

also incorporated into the microwave 

oven test procedure definitions of 

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

‘‘off mode’’ based on the definitions 

provided in IEC Standard 62301 (FDIS). 

DOE further adopted language to clarify 

the application of clauses from IEC 

Standard 62301 (First Edition) for 

measuring standby mode and off mode 

power in the interim final rule. 

Specifically, DOE defined 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. 76 FR 12825, 

12828. 

The amendments adopted in the 

March 2011 Interim Final Rule became 

effective on April 8, 2011. However, 

DOE noted that 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 issued the microwave oven test 

procedure as an interim final rule and 

offered an additional 180-day comment 

period to consider whether any changes 

should be made to the interim final rule 

in light of publication of IEC Standard 

62301 (Second Edition). DOE stated that 

it would consider these comments and, 

to the extent necessary, publish a final 

rulemaking incorporating any changes. 

76 FR 12825, 12830–31. In response to 

the March 2011 Interim Final Rule, 

interested parties commented, among 

other things, that DOE should 

incorporate by reference IEC Standard 

62301 (Second Edition) for optimal 

international harmonization, to give 

clarity and consistency to the regulated 

community and to decrease the testing 

burden. 

As stated above, 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)(1)) 

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 

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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 72335 

final rule on September 8, 1998 (63 FR 

48038), in which DOE found that no 

amended standards were justified for 

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 framework 

document. 71 FR 15059 (March 27, 

2006). On November 15, 2007, DOE 

published an advance notice of 

proposed rulemaking (ANOPR) (72 FR 

64432) (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). In the November 2007 

ANOPR, 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 comments on 

the November 2007 ANOPR (hereafter 

referred to as the December 2007 public 

meeting). At the December 2007 public 

meeting, DOE presented 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, including 

a requirement that, if the measured 

power were 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)) in the 

development of energy conservation 

standards for the standby mode and off 

mode power consumption of microwave 

ovens. As stated above, because the 

issuance of the revised version did not 

occur until January 27, 2011, DOE 

considered the most recent draft at the 

time, which was version IEC Standard 

62301 (CDV) for the July 2010 TP 

SNOPR and IEC Standard 62301 (FDIS) 

for the March 2011 TP Interim Final 

Rule. 75 FR 42612, 42614; 76 FR 12825, 

12831–33. 

II. Summary of the Supplemental 

Notice of Proposed Rulemaking 

As discussed in section I, DOE 

published the March 2011 Interim Final 

Rule to provide an opportunity for it to 

fully consider whether any changes 

should be made in light of publication 

of IEC Standard 62301 (Second Edition). 

For this reason, and, based upon the 

public comment received on the March 

2011 Interim Final Rule, DOE decided 

to further analyze IEC Standard 62301 

(Second Edition), which published on 

January 27, 2011. Consistent with its 

statutory mandate, DOE has reviewed 

this latest version of the IEC standard 

and believes that it improves some 

measurements of standby mode and off 

mode energy use. Accordingly, DOE 

proposes in today’s SNOPR to 

incorporate certain provisions of the IEC 

Standard 62301 (Second Edition), along 

with clarifying language, into the DOE 

test procedures for microwave ovens 

adopted in the March 2011 Interim 

Final Rule. In addition, DOE proposes 

in today’s SNOPR to make minor 

editorial changes in 10 CFR part 430, 

subpart B, appendix I, section 2.2.1.1 to 

aid the reader by presenting the 

electrical supply voltages consistently 

for microwave ovens and conventional 

cooking products, and also in section 

1.12 to clarify the alternative use of 

metric units for various measurements 

and calculations in the conventional 

cooking products test procedure. For the 

reader’s convenience, DOE has 

reproduced in this SNOPR the entire 

body of regulatory text from the March 

2011 Interim Final Rule for the 

microwave oven test procedure, further 

amended as appropriate according to 

today’s proposals. 

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 

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 

March 2011 Interim Final Rule, DOE 

determined that this regulatory 

definition includes all ovens equipped 

with microwave capability, including 

combination ovens (i.e., microwave 

ovens that incorporate convection 

features and possibly other means of 

cooking) because they are capable of 

cooking or heating food by means of 

microwave energy. 76 FR 12825, 12828– 

30 (March 9, 2011). DOE also 

determined that the test procedure 

would not apply to 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. Id. at 12830. 

DOE noted that it 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. 

Id. at 12829–30. DOE also noted 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. Id. 

DOE also noted in the March 2011 

Interim Final Rule that, based on its 

limited 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, DOE did not identify any 

different standby or off modes as 

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4A notation in the form ‘‘AHAM, No. 31 at p. 2’’ 

identifies a written comment: (1) Made by the 

Association of Home Appliance Manufacturers; (2) 

recorded in document number 31 that is filed in the 

docket of the microwave oven test procedures 

rulemaking (Docket No. EERE–2008–BT–TP–0011) 

and available for review at http:// 

www.regulations.gov; and (3) which appears on 

page 2 of document number 31. 

compared to countertop microwaveonly units. Thus, DOE determined that 

the measures adopted in the March 2011 

Interim Final Rule 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 did 

not provide 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. Id. 

The Association of Home Appliance 

Manufacturers (AHAM) objected to the 

definition of covered products in the 

March 2011 Interim Final Rule because 

it does not consider the effects on a 

possible future active mode test 

procedure. AHAM stated that an active 

mode test procedure is likely to have 

inherent complexities, as indicated by 

DOE’s repeal of the active mode test 

procedure, and not considering active 

mode in the definition of covered 

products will only add to those 

complexities. AHAM stated that DOE 

should address this issue now and 

would work with DOE to determine 

how the differences between 

microwave-only ovens, over-the-range 

microwave ovens, and combination 

ovens should be addressed. (AHAM, No. 

31 at p. 2) 4 Whirlpool Corporation 

(Whirlpool) supported the comments 

made by AHAM. (Whirlpool, No. 30 at 

p. 1) 

As discussed above, DOE will 

evaluate the suitability of separate 

provisions for measuring the active 

mode energy use of different heating 

components or other product features 

related to installation configuration 

when considering future amendments to 

the microwave oven test procedure to 

address active mode. DOE may consider 

at that time whether amendments to the 

definition of ‘‘microwave oven’’ are 

necessary for the development of an 

active mode test procedure. DOE also 

notes that it makes determinations 

regarding the scope of covered products, 

including potential grouping in product 

classes, in the energy conservation 

standards rulemaking process. As 

discussed in the March 2011 Interim 

Final Rule, under the definition of 

‘‘microwave oven,’’ all ovens equipped 

with microwave capability would be 

considered covered products, and that 

for the standby mode and off mode test 

procedure, the same testing 

methodology can be used for 

microwave-only, over-the-range 

microwave ovens, and combination 

microwave ovens. 76 FR 12825, 12829– 

30 (Mar. 9, 2011). For these reasons, 

DOE is not proposing amendments to 

the definition of ‘‘microwave oven’’ in 

10 CFR 430.2 in today’s SNOPR. 

AHAM commented that the 

determination of covered products in 

the March 2011 Interim Final Rule is 

overly broad. AHAM stated that 

combination ovens are now covered 

products under the definition of 

‘‘microwave oven’’ according to the 

March 2011 Interim Final Rule, but the 

adopted test procedure fails to make 

that clear. AHAM stated that, according 

to the March 2011 Interim Final Rule, a 

free-standing range with microwave 

capability would be excluded, but this 

is not clear from the definition. AHAM 

continues to believe that DOE should 

not consider combination ovens as 

meeting the definition of ‘‘microwave 

oven,’’ but that DOE could alternatively 

clarify the intent to include combination 

ovens as covered products by defining 

the term ‘‘combination oven.’’ (AHAM, 

No. 31 at p. 2) Whirlpool supported the 

comments made by AHAM. (Whirlpool, 

No. 30 at p. 1) 

Although DOE provided a definition 

of a combination oven as a microwave 

oven that incorporates convection 

features and possibly other means of 

cooking in the March 2011 Interim Final 

Rule, it agrees that additional clarity 

would be gained by codifying a 

definition. To that end, DOE is 

proposing to add such a definition of 

‘‘combination oven’’ to the definitions 

in 10 CFR 430.2. DOE further notes that 

the definition of ‘‘microwave oven’’ 

adopted in the March 2011 Interim 

Final Rule specifies that the appliance 

would consist of a compartment 

designed to cook or heat food by means 

of microwave energy and would include 

combination ovens. However, 10 CFR 

430.2 additionally defines a microwave/ 

conventional range as distinct from a 

microwave oven, although it 

incorporates a microwave oven along 

with a conventional oven and 

conventional cooking top. Because the 

test procedure applies only to 

microwave ovens and not to microwave/ 

conventional ranges, a free-standing 

range with microwave capability in one 

compartment and a conventional oven 

in a separate compartment would not be 

a covered product under this 

rulemaking. Additionally, a range 

incorporating a single compartment 

with microwave capability and other 

cooking or heating means, along with a 

conventional cooking top, would not be 

considered a covered product because 

the cooking top portion would exclude 

the range from the relevant portion of 

the definition of ‘‘microwave oven’’ 

(e.g., a compartment designed to cook or 

heat food by means of microwave 

energy.) 

AHAM also commented that, based 

on DOE’s statement that the definition 

of combination microwave oven as a 

covered product does not hinge on 

which cooking mode is primary (i.e., 

radiant heating or microwave energy) 

and that all ovens equipped with 

microwave capability would be 

considered a covered product under the 

March 2011 Interim Final Rule, a 

product that uses radiant heat for 

cooking, but also uses microwave 

energy as a secondary cooking mode, 

would be covered as a microwave oven 

as well as a conventional cooking 

product, and such a product should not 

be twice regulated. AHAM stated, 

therefore, that such a product should 

not be covered by the definition of 

microwave oven. (AHAM, No. 31 at p. 

2) Whirlpool supported the comments 

made by AHAM. (Whirlpool, No. 30 at 

p. 1) 

DOE defines ‘‘conventional oven’’ as 

‘‘a class of kitchen ranges and ovens 

which is a household cooking appliance 

consisting of one or more compartments 

intended for the cooking or heating of 

food by means of either a gas flame or 

electric resistance heating. It does not 

include portable or countertop ovens 

which use electric resistance heating for 

the cooking or heating of food and are 

designed for an electrical supply of 

approximately 120 volts.’’ 10 CFR 430.2 

Because this definition does not provide 

for the option of cooking or heating food 

by means of microwave energy, DOE 

concludes that a product comprising a 

single compartment that uses both 

radiant heat and microwave energy for 

cooking would be covered only under 

the definition of ‘‘microwave oven,’’ 

which includes combination microwave 

ovens (including those with radiant 

heating elements) regardless of which is 

considered the primary cooking mode, 

and would not be covered as a 

conventional cooking product. 

DOE acknowledges that the definition 

of ‘‘microwave oven’’ considers only a 

single compartment, while the 

definition of ‘‘conventional oven’’ 

allows for the possibility of one or more 

compartments. DOE believes that, for 

products that consist of multiple oven 

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compartments but no integral cooking 

top portion, the compartment(s) that 

provide for cooking by means of 

microwave energy in combination with 

any other cooking or heating means 

would be classified as microwave ovens, 

while the compartment(s) that cook or 

heat food by means of a gas flame or 

electric resistance heating without the 

use of microwave energy would be 

classified as conventional ovens. 

DOE notes that its regulations contain 

certain provisions allowing a 

manufacturer to seek a waiver from the 

test procedure requirements for covered 

consumer products if at least one of the 

following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when the prescribed 

test procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternative test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). The Assistant Secretary 

for Energy Efficiency and Renewable 

Energy may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(l). Waivers remain in effect 

pursuant to the provisions of 10 CFR 

430.27(m). 

As discussed in section III.B, the 

amendments to the DOE microwave 

oven test procedure codified in the CFR 

would clarify that the procedures and 

calculations adopted in the 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. At that time, any application 

for waiver from the test procedure may 

be submitted. As noted in section I, DOE 

is currently conducting an energy 

conservation standards rulemaking to 

address microwave oven standby power 

consumption. DOE also notes that 

determinations as to whether certain 

products are considered covered under 

DOE’s regulations are made in the 

energy conservation standards 

rulemaking. 

AHAM commented that it opposes the 

inclusion of thermal elements designed 

for surface browning in the definition of 

microwave ovens. AHAM noted DOE 

repealed the active mode test procedure 

for microwave ovens because DOE 

determined it was not repeatable or 

reproducible and by including 

microwave ovens with thermal elements 

in the definition of microwave ovens, 

that same unworkable situation would 

be created here. According to AHAM, 

there is currently no repeatable and 

reproducible test procedure for 

microwave ovens with thermal 

elements, and those units with thermal 

elements may use different amounts of 

energy than units with microwave-only 

capability. In addition, AHAM 

commented that there are no agreedupon definitions as to what constitutes 

‘‘browning.’’ AHAM urged DOE to not 

include thermal elements designed for 

surface browning in the definition of 

‘‘microwave oven.’’ (AHAM, No. 31 at 

pp. 2–3) Whirlpool supported the 

comments made by AHAM. (Whirlpool, 

No. 30 at p. 1) 

As discussed above, DOE may 

consider amendments to the test 

procedure to measure the active mode 

energy use in a separate test procedure 

rulemaking process, including the 

methods for measuring the energy use of 

thermal elements. As discussed in the 

March 2011 Interim Final Rule, under 

the definition of ‘‘microwave oven,’’ all 

ovens equipped with microwave 

capability would be considered a 

covered products, including those with 

thermal elements. 76 FR 12825, 12830 

(Mar. 9, 2011). DOE also makes 

determinations regarding the scope of 

covered products in the energy 

conservation standards rulemaking 

process. As a result, DOE is not 

proposing amendments to the definition 

of ‘‘microwave oven’’ in 10 CFR 430.2 

to exclude thermal elements designed 

for surface browning in today’s SNOPR. 

AHAM commented that DOE should 

again consider the differences between 

countertop microwave ovens and overthe-range microwave ovens, noting there 

are significant differences both in 

energy consumption and consumer 

utility. AHAM noted that countertop 

microwave ovens are typically designed 

for room temperature ambient 

conditions, whereas over-the-range 

microwave ovens must be designed to 

withstand the higher temperatures 

above a range. AHAM commented that 

features such as the display require 

more energy for over-the-range 

microwave ovens to withstand the 

higher temperatures, and that Vacuum 

Fluorescent Displays (VFDs) are used 

more often in such units because of 

their reliability at higher temperatures, 

but require higher current to operate in 

both active and standby modes. AHAM 

noted that countertop microwave ovens 

can use lower-power Light Emitting 

Diode (LED) displays due to the lower 

ambient temperatures. AHAM added 

that other energy-using features 

typically exist only in over-the-range 

microwave ovens, such as air venting 

and circulation, forced cooling, and 

cooktop lighting. (AHAM, No. 31 at p. 

3) Whirlpool supported the comments 

made by AHAM. (Whirlpool, No. 30 at 

p. 1) 

As discussed in the March 2011 

Interim Final Rule, DOE did not identify 

during its research and testing any 

different standby or off modes for overthe-range microwave-only and 

combination microwave ovens as 

compared to countertop microwaveonly units. DOE noted that differences 

in energy use, installation 

configurations, and heating features 

between countertop and over-the-range 

configurations that may warrant 

different product classes would be 

evaluated as part of the energy 

conservation standards rulemaking 

addressing standby mode and off mode 

for microwave ovens. 76 FR 12825, 

12829–30 (Mar. 9, 2011). DOE may 

consider the suitability of separate 

provisions for over-the-range microwave 

ovens to measure the energy 

performance of active mode features 

such as air venting and circulation, 

forced cooling, and cooktop lighting 

when considering future active mode 

test procedure amendments. 

Intirion Corporation (Intirion) 

commented that its product—an 

integrated microwave oven, refrigerator/ 

freezer, and two charging stations 

(‘‘MicroFridge’’)—should not be 

considered a covered product under the 

proposed energy conservation standards 

for microwave oven standby power and 

should be considered exempt from the 

standard. (Intirion, No. 29 at p. 1) 

Intirion commented that the 

MicroFridge should be considered a 

combination appliance which, 

according to Intirion, is significantly 

different from a typical microwave 

oven. Intirion also noted that, although 

the MicroFridge can either be shipped 

as a pre-assembled combination 

appliance or as a separate unit (with the 

consumer attaching the microwave oven 

and refrigerator/freezer on-site), the 

intention of the MicroFridge is to be 

used as a combination appliance. 

(Intirion, No. 29 at pp. 1–2) The 

MicroFridge allows the consumer to 

power a microwave oven, refrigerator/ 

freezer, and charging stations from a 

single outlet. Intirion commented that 

the microwave oven controller in the 

MicroFridge also manages electrical 

flow for the microwave oven, 

refrigerator/freezer, and charging 

stations to prevent the electrical circuit 

from overloading. When the microwave 

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5Aside from the microwave oven LED display 

and microcontroller, Intirion noted that the 

Microfridge consumes 0.2W for 2 front green LED 

lamps, 0.5W each for two front outlets, and 0.5W 

for a rear outlet. The total standby power of the 

MicroFridge is thus 3.7W. 

oven is in use, the electrical flow to the 

charging stations and refrigerator are 

turned off. (Intirion, No. 29 at p. 2) 

Intirion further commented that when 

considering the microwave oven 

exclusive of the charging stations and 

refrigerator electrical management, the 

microwave oven LED clock display and 

microcontroller consume 2 watts (W) in 

standby mode.5 (Intirion, No. 29 at pp. 

2–3) Intirion requested that DOE issue a 

waiver for the MicroFridge microwave 

oven from the proposed energy 

conservation standards for microwave 

oven standby power because its 

characteristics make the standby power 

standards not applicable, and a wavier 

should be granted. (Intirion, No. 29 at 

p. 4) 

In response, as discussed above for 

products that consist of multiple oven 

compartments but no integral cooking 

top portion, DOE notes that its 

regulations contain certain provisions 

allowing a manufacturer to seek a 

waiver from the test procedure 

requirements for covered consumer 

products if at least one of the following 

conditions is met: (1) The petitioner’s 

basic model contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when the prescribed 

test procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). DOE also notes that 

determinations as to whether certain 

products are considered covered under 

DOE’s regulations are made in the 

energy conservation standards 

rulemaking. 

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 would be 30 days after the date 

of publication of the final rule. DOE’s 

amended test procedure regulations 

codified in the CFR would clarify, 

though, that the procedures and 

calculations adopted in the 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, as of 180 days after 

publication of the 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)) 

C. Incorporation of IEC Standard 62301 

(Second Edition) 

As noted above, EPCA, as amended by 

EISA 2007, requires that test procedures 

be amended to include standby mode 

and off mode energy consumption, 

taking into consideration the most 

current versions of IEC Standards 62301 

and 62087. (42 U.S.C. 6295(gg)(2)(A)) 

The March 2011 Interim Final Rule 

incorporated in the test procedures for 

microwave ovens relevant provisions 

from IEC Standard 62301 (First Edition) 

for measuring standby mode and off 

mode power. DOE reviewed the IEC 

Standard 62301 (First Edition) and 

concluded that it would be generally 

applicable to microwave ovens, 

although some clarification would be 

needed. Specifically, DOE adopted a 

specific standby mode power 

measurement methodology for units in 

which power varies as a function of 

displayed time. 76 FR 12825, 12837– 

12840 (Mar. 9, 2011). With these 

clarifications in place, the March 2011 

Interim Final Rule referenced IEC 

Standard 62301 (First Edition) for the 

standby mode and off mode wattage 

measurements. 

DOE noted in the March 2011 Interim 

Final Rule that there were 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 

the interim final rule. Id. at 12832–33. 

For example, IEC Standard 62301 (FDIS) 

clarified certain provisions, such as the 

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

mode’’ to allow for the measurement of 

multiple standby power modes. IEC 

Standard 62301 (FDIS) incorporated 

responses to comments from multiple 

national committees from member 

countries on several previous draft 

versions, and thus, DOE believed, it 

provided the best available mode 

definitions. Id. After considering both 

versions of IEC Standard 62301 (i.e., 

First Edition and FDIS), DOE concluded 

in the March 2011 Interim Final Rule 

that the definitions of ‘‘standby mode,’’ 

‘‘off mode,’’ and ‘‘active mode’’ 

provided in IEC Standard 62301 (FDIS) 

were more useful, in that they expanded 

upon the EPCA mode definitions and 

provided additional guidance as to 

which functions would be associated 

with each mode. Therefore, DOE 

adopted the definitions of ‘‘standby 

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

based on the definitions provided in IEC 

Standard 62301 (FDIS) in the March 

2011 Interim Final Rule. Id. at 12836. 

DOE noted in the March 2011 Interim 

Final Rule that IEC published the final 

version of IEC Standard 62301 (Second 

Edition) on January 27, 2011, too late to 

be incorporated into the rulemaking. 

DOE also noted that significant changes 

in the methodology of IEC Standard 

62301 were first introduced only at the 

IEC Standard 62301 (FDIS) stage. DOE 

noted that those changes had not been, 

at that time, the subject of significant 

public comment from interested parties, 

nor had DOE had the opportunity to 

conduct a thorough analysis of those 

provisions. Id. at 12833. Given the 

pending statutory deadline for issuance 

of a microwave oven standard and the 

recent adoption of IEC Standard 62301 

(Second Edition), DOE decided to base 

the test procedure amendments in the 

March 2011 Interim Final Rule (other 

than the mode definitions) on the 

provisions of IEC Standard 62301 (First 

Edition). Id. 

In response to the March 2011 Interim 

Final Rule, AHAM commented that 

DOE should incorporate by reference 

IEC Standard 62301 (Second Edition) as 

published. AHAM also commented that 

all of the provisions incorporated by 

reference should be from IEC Standard 

62301 (Second Edition) and not 

reference sections from both IEC 

Standard 62301 (First Edition) and IEC 

Standard 62301 (Second Edition), 

including any draft versions. AHAM 

noted that the Second Edition has been 

vetted through an extensive consensus 

method of standards development that 

includes dozens of countries. AHAM 

also noted that IEC Standard 62301 

(Second Edition) contains a number of 

important clarifications not present in 

the First Edition. AHAM commented 

that incorporation by reference of the 

Second Edition will allow for optimum 

international harmonization, which 

gives clarity and consistency to the 

regulated community, and also 

significantly decreases the testing 

burden on manufacturers. AHAM stated 

that if DOE maintains its incorporation 

by reference of IEC Standard 62301 

(First Edition), regulated parties would 

have to test products under one test 

procedure in the United States and a 

different procedure in other countries, 

adding significant testing burden. 

(AHAM, No. 31 at pp. 3–4; AHAM, 

DOE–HQ–2011–0014, No. 10 at pp. 3– 

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6A notation in the form ‘‘AHAM, DOE–HQ– 

2011–0014, No. 10 at pp. 3–4’’ identifies a written 

comment: (1) Made by AHAM; (2) recorded in 

document number 10 that is filed in the docket of 

the Request for Information on reducing regulatory 

burden (Docket No. DOE–HQ–2011–0014) and 

available for review at http://www.regulations.gov; 

and (3) which appears on pages 3 through 4 of 

document number 10. 

4 6) Whirlpool supported the comments 

made by AHAM. (Whirlpool, No. 30 at 

p. 1) 

As discussed in section I, DOE 

published the March 2011 Interim Final 

Rule to provide an opportunity for it to 

fully consider whether any changes 

should be made in light of publication 

of IEC Standard 62301 (Second Edition). 

DOE agrees with the commenters that 

IEC Standard 62301 (Second Edition) is 

an internationally-accepted test 

procedure for measuring standby power 

in residential appliances, and that it 

provides clarification to certain sections 

as compared to the First Edition, as 

discussed in the following paragraphs. 

Section 4, paragraph 4.4 of the Second 

Edition revises the power measurement 

accuracy provisions of the First Edition. 

A more comprehensive specification of 

required accuracy is provided in the 

Second Edition, which depends upon 

the characteristics of the power being 

measured. Testers using the Second 

Edition are required to measure the crest 

factor and power factor of the input 

power, and to calculate a maximum 

current ratio (MCR) (paragraph 4.4.1 of 

the Second Edition). The Second 

Edition then specifies calculations to 

determine permitted uncertainty in 

MCR. DOE notes, however, that the 

allowable uncertainty is the same or less 

stringent than the allowable uncertainty 

specified in the First Edition, depending 

on the value of MCR and the power 

level being measured (see Table III.1 for 

examples). This change in the allowable 

uncertainty, however, maintains 

sufficient accuracy of measurements 

under a full range of possible measured 

power levels without placing undue 

demands on the instrumentation. These 

power measurement accuracy 

requirements were based upon detailed 

technical submissions to the IEC in the 

development of IEC Standard 62301 

(FDIS), which showed that commonlyused power measurement instruments 

were unable to meet the original 

requirements for certain types of loads. 

Therefore, DOE believes that the 

incremental testing burden associated 

with the additional measurements and 

calculations is offset by the more 

reasonable requirements for testing 

equipment, while maintaining 

measurement accuracy deemed 

acceptable and practical by voting 

members for IEC Standard 62301 

(Second Edition). For these reasons, 

DOE proposes in today’s supplemental 

notice to incorporate by reference in 10 

CFR part 430, subpart B, appendix I, 

section 2.9.1.3 the power equipment 

specifications in section 4, paragraph 

4.4 of IEC Standard 62301 (Second 

Edition). 

TABLE III. 1—COMPARISON OF ALLOWABLE UNCERTAINTY IN MEASURED POWER

Measured power (W) 

Allowable uncertainty (W) 

IEC 62301 

(first edition) 

IEC 62301 

(second edition) 

MCR = 5 MCR = 15 

5.0 ........................................................................................................................ 0 .1 0 .1 0 .14 

2.0 ........................................................................................................................ 0 .04 0 .04 0 .056 

1.0 ........................................................................................................................ 0 .02 0 .02 0 .028 

0.5 ........................................................................................................................ 0 .01 0 .02 0 .02 

0.2 ........................................................................................................................ 0 .01 0 .02 0 .02 

DOE notes that section 5, paragraph 

5.2 of IEC Standard 62301 (Second 

Edition) maintains the installation and 

setup procedures incorporated by 

reference in the microwave oven test 

procedure in the March 2011 Interim 

Final Rule from the First Edition. These 

provisions require that the appliance be 

prepared and set up in accordance with 

manufacturer’s instructions, and that if 

no instructions are given, then the 

factory or ‘‘default’’ settings shall be 

used, or where there are no indications 

for such settings, the appliance is tested 

as supplied. Additionally, IEC Standard 

62301 (Second Edition) adds certain 

clarifications to the installation and 

setup procedures in section 5, paragraph 

5.2 of the First Edition regarding 

products equipped with a battery 

recharging circuit for an internal battery, 

as well as instructions for testing each 

relevant configuration option identified 

in the product’s instructions for use. 

DOE is not aware of any microwave 

oven with an internal battery, or with a 

recharging circuit for such a battery. 

DOE also believes that a requirement to 

separately test each configuration option 

could substantially increase test burden 

and potentially conflicts with the 

requirement within the same section to 

set up the product in accordance with 

the instructions for use or, if no such 

instructions are available, to use the 

factory or ‘‘default’’ settings. Therefore, 

DOE tentatively concludes that the 

portions of the installation instructions 

in section 5, paragraph 5.2 of IEC 

Standard 62301 (Second Edition) 

pertaining to batteries and the 

requirement for the determination, 

classification, and testing of all modes 

associated with every combination of 

available product configuration options 

(which may be more numerous than the 

modes associated with operation at the 

default settings) are not appropriate for 

the microwave oven test procedures. 

Accordingly, DOE is proposing 

qualifying language in the test 

procedure amendments at 10 CFR part 

430, subpart B, appendix I, section 2.1.3 

to disregard those portions of the 

installation instructions. 

The Second Edition also contains 

provisions for the power supply (section 

4.3) and power-measuring instruments 

(section 4.4). Paragraph 4.3.2 requires 

that the value of the harmonic content 

of the voltage supply be recorded during 

the test and reported. As described 

previously, paragraph 4.4.1 requires the 

instrument to measure the crest factor 

and maximum current ratio. Paragraph 

4.4.3 requires the instrument to be 

capable of measuring the average power 

or integrated total energy consumption 

over any operator-selected time interval. 

DOE is aware of commercially available 

power measurement instruments that 

can perform each of these required 

measurements individually. However, 

DOE is also aware that certain industrystandard instruments, such as the 

Yokogawa WT210/WT230 digital power 

meter and possibly others, are unable to 

measure harmonic content or crest 

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factor while measuring average power or 

total integrated energy consumption. 

DOE is concerned that laboratories 

currently using power-measuring 

instruments without this capability 

would be required to purchase, at 

potentially significant expense, 

additional power-measuring 

instruments that are able to perform all 

these measurements simultaneously. 

Therefore, DOE proposes in 10 CFR part 

430, subpart B, appendix I, sections 

2.2.1.2 and 2.9.1.3 that if the powermeasuring instrument is unable to 

perform these measurements during the 

actual test measurement, it would be 

acceptable to measure the total 

harmonic content, crest factor, and 

maximum current ratio immediately 

before and immediately after the actual 

test measurement to determine whether 

the requirements for the power supply 

and power measurement have been met. 

DOE requests comment on whether this 

represents an acceptable interpretation 

of the power measurement requirements 

of the Second Edition. 

The other major changes in the 

Second Edition related to the 

measurement of standby mode and off 

mode power consumption in covered 

products involve measurement 

techniques and specification of the 

stability criteria required to measure 

that power. The Second Edition 

contains more detailed techniques to 

evaluate the stability of the power 

consumption and to measure the power 

consumption for loads with different 

stability characteristics. According to 

the Second Edition, the user is given a 

choice of measurement procedures, 

including sampling methods, average 

reading methods, and a direct meter 

reading method. DOE evaluated these 

new methods in terms of test burden 

and improvement in results as 

compared to those methods adopted in 

the March 2011 Interim Final Rule, 

which were based on IEC Standard 

62301 (First Edition). 

In the March 2011 Interim Final Rule, 

DOE adopted provisions requiring that 

microwave oven standby mode and off 

mode power be measured using section 

5, paragraph 5.3 of IEC Standard 62301 

(First Edition). DOE also adopted 

additional specific methodology for 

microwave ovens in which power varies 

as a function of the time displayed. In 

particular, based on DOE’s testing, DOE 

adopted a requirement for these 

microwave ovens to set the display time 

to 3:23 and allowing a 10-minute 

stabilization period prior to a 10-minute 

measurement period for the display 

time of 3:33 to 3:42, based on the 

average power approach of section 5, 

paragraph 5.3.2(a) of IEC Standard 

62301 (First Edition). DOE stated that 

this method provides a valid measure of 

standby energy use for those microwave 

ovens with power consumption varying 

according to the time displayed on the 

clock. 76 FR 12825, 12838–40 (Mar. 9, 

2011). 

For today’s supplemental notice, to 

determine the potential impacts of 

referencing methodology from IEC 

Standard 62301 (Second Edition) rather 

than from the First Edition, DOE 

compared the provisions allowed by 

each under different scenarios of power 

consumption stability, as discussed in 

the following sections. 

1. Stable Power Consumption 

According to section 5, paragraph 

5.3.1 of IEC Standard 62301 (First 

Edition), after an initial stabilization 

period of 5 minutes, power 

consumption is defined as stable if it 

varies by less than 5 percent over a 

subsequent measurement period of 5 

minutes. In such a case, a direct reading 

may be made at the end of the 

measurement period. Based on this 

methodology, which was adopted in the 

March 2011 Interim Final Rule for 

microwave ovens other than units in 

which power varies as a function of 

displayed time, the total test time would 

be at minimum 10 minutes (comprised 

of a minimum 5-minute stabilization 

period, followed by a minimum 5- 

minute period during which the 

stability criterion could be evaluated 

and a direct power reading taken.) 

Alternatively, the tester may select an 

average power or accumulated energy 

approach, again with a minimum 5- 

minute measurement period. The 

average power approach would simply 

require a different reading to be taken 

from the instrument (true average power 

instead of a direct reading of 

instantaneous power), while the 

accumulated energy approach would 

require the calculation of power by 

dividing the accumulated energy by the 

duration of the measurement period. 

In comparison, section 5, paragraph 

5.3.4 of IEC Standard 62301 (Second 

Edition) specifies a direct meter reading 

method that can be used for stable 

power consumption, in which a 

minimum 30-minute stabilization 

period must be observed, followed by a 

first power measurement. After an 

additional period of 10 minutes, a 

second power measurement is taken. If 

the average of the two measurements 

divided by the time interval between 

them meets certain threshold criteria, 

then the power consumption is 

considered to be the average of the two 

power measurements. Thus, the total 

test period would still be at minimum 

40 minutes. DOE agrees that this 

method likely improves the validity of 

the test results, as it is a more stringent 

measure of the stability of the power 

consumption over a longer period of 

time than the First Edition requires. 

However, if the threshold criteria are 

not met at the end of the test, a different 

measurement method must be used, 

increasing test time and complexity. 

Further, the Second Edition specifies 

that the direct reading method shall not 

be used for verification purposes. Both 

of these qualifications potentially 

increase test burden as compared to the 

First Edition, possibly requiring the 

tester to conduct the more complex 

methodology of the methods available 

under the Second Edition. 

DOE notes that section 5, paragraph 

5.3.2 of IEC Standard 62301 (Second 

Edition) identifies a sampling method as 

the preferred means for all power 

consumption measurements and the 

fastest test method when the power is 

stable. For any non-cyclic power 

consumption, power readings are 

initially recorded over a period of at 

least 15 minutes after energizing the 

product. Data from the first third of the 

measurement period are discarded, and 

stability is evaluated by a linear 

regression through all power readings in 

the second two-thirds of the data. If the 

slope of the linear regression is less than 

10 milliwatts per hour (mW/h) for input 

power less than or equal to 1.0 W, or 

less than 1 percent of the input power 

per hour for input power greater than 

1.0 W, the power consumption is 

calculated as the average of the power 

readings during the second two-thirds of 

the measurement period. If the slope of 

the linear regression does not meet these 

stability criteria, the total period is 

continuously extended until the 

stability criteria are met for the second 

two-thirds of the data. In some cases, 

this is a more stringent requirement 

than the stability criteria of IEC 

Standard 62301 (First Edition). The lack 

of a definitive test period means that the 

test duration could extend past 15 

minutes for certain products—up to 3 

hours is allowed in the Second 

Edition—and could introduce added 

test burden as compared to the First 

Edition. 

2. Unstable, Non-Cyclic Power 

Consumption 

Section 5, paragraph 5.3 from IEC 

Standard 62301 (First Edition), which 

DOE incorporated by reference in the 

microwave oven test procedure in the 

March 2011 Interim Final Rule with 

clarification, specifies that either an 

average power method or accumulated 

energy approach could be used for 

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measuring non-cyclic unstable power 

consumption. As described previously, 

this methodology, as adopted in the 

March 2011 Interim Final Rule, would 

limit total test duration to 10 minutes. 

In contrast, the Second Edition 

requires the use of either a sampling 

method or average reading method for 

measuring power consumption in 

standby mode or off mode. The 

sampling method is the same as 

described previously, but the 

measurement period must be at least 60 

minutes, and the cumulative average of 

all data points recorded during the 

second two-thirds of the total period 

must fall within a band of ±0.2 percent. 

The average reading method in 

section 5, paragraph 5.3.3 IEC Standard 

62301 (Second Edition) comprises both 

an average power method and 

accumulated energy method, either of 

which may be selected for unstable, 

non-cyclic power. For both methods, a 

30-minute stabilization period is 

specified, followed by two comparison 

measurement periods of not less than 10 

minutes each. The average power 

values, either measured directly or 

calculated from accumulated energy 

during each period, are compared to 

determine whether they agree to within 

certain threshold criteria. If the 

threshold is not achieved, the 

comparison periods are each extended 

in approximately equal increments until 

the threshold is met. If agreement is not 

achieved after reaching 30 minutes for 

each comparison period, the sampling 

method must then be used. Therefore, 

the minimum test period is 50 minutes, 

but may extend up to 90 minutes, at 

which time an additional test may be 

required. 

DOE believes that the stability criteria 

in either method improves the accuracy 

and representativeness of the 

measurement as compared to the First 

Edition, but would cause the required 

test time to increase (potentially quite 

significantly), with a corresponding 

increase in manufacturer burden due to 

the additional time and complexity of 

the test conduct. 

3. Cyclic Power Consumption 

The average power approach of 

section 5, paragraph 5.3.2(a) in IEC 

Standard 62301 (First Edition) requires 

a measurement period of not less than 

5 minutes and that at least one or more 

complete cycles be measured. For 

microwave ovens in which standby 

mode power consumption varies as a 

function of displayed time, DOE 

adopted in the March 2011 Interim 

Final Rule a requirement to set the 

display time to 3:23 and allowing a 10- 

minute stabilization period prior to a 

10-minute measurement period from the 

display time of 3:33 to 3:42, as 

described previously, based on the 

average power approach of section 5, 

paragraph 5.3.2(a) of IEC Standard 

62301 (First Edition). This test method 

requires a minimum of 20 minutes to 

conduct. 

Under section 5, paragraph 5.3.2 of 

the Second Edition, testers would be 

required to use the sampling method for 

microwave ovens that consume varying 

power as a function of the displayed 

time due to the cyclic nature of this 

power consumption. This method 

specifies a measurement period of at 

least four complete cycles (for a total of 

at least 40 minutes) divided into two 

comparison periods, with stability 

criteria evaluated by calculating the 

difference in average power measured in 

each comparison period divided by the 

time difference of the mid-point of each 

comparison period. Similar to the 

sampling method for stable power 

consumption measurements described 

previously, this ‘‘slope’’ must be less 

than 10 mW/h for input powers less 

than or equal to 1 W, and less than 1 

percent of the input power per hour for 

input powers greater than 1 W. If the 

appropriate stability criterion is not met, 

additional cycles are added to each 

comparison period until the criterion is 

achieved. Once stability has been 

reached, the power consumption is 

calculated as the average of all readings 

from both comparison periods. Because 

all of the clock displays which DOE 

observed to be incorporated in 

microwave ovens are based on a 12-hour 

cycle, such a product which consumes 

varying power as a function of the 

displayed time would be required under 

the Second Edition to be tested for a 

minimum of 4 cycles, or 48 hours, in 

addition to an initial stabilization 

period of not less than 10 minutes. DOE 

notes that this test duration would 

impose a greatly increased test burden 

on manufacturers, particularly in 

comparison to the adopted 10-minute 

methodology. 

4. Product Testing 

In order to further evaluate the test 

methodology of IEC Standard 62301 

(Second Edition), DOE conducted 

testing on a representative sample of 26 

microwave ovens. DOE conducted tests 

according to the sampling method in 

section 5, paragraph 5.3.2 of IEC 

Standard 62301 (Second Edition), in 

some cases repeating the tests to 

evaluate reproducibility. The results 

from testing, presented in Table III.2, 

show that, for the test units that had 

stable, non-cyclic power consumption, 

the test duration ranged from 15 

minutes to 25 minutes, with an average 

of approximately 17 minutes. The 

majority of test units required the 

minimum test duration of 15 minutes. 

For units that showed a stable, cycle 

power consumption, DOE used the 

methodology adopted in the March 2011 

Interim Final Rule, setting the clock 

display to 3:23 and allowing a 10- 

minute stabilization period prior to a 

10-minute measurement period for the 

display time of 3:33 to 3:42. 

TABLE III. 2—DOE STANDBY MODE TEST DURATION USING IEC STANDARD 62301 (SECOND EDITION) SAMPLING

METHOD

Test unit Product type Display 

type 

Power measurement 

method 

(Using sampling method) 

Test 1 

duration 

(min) 

Test 2 

duration 

(min) 

1 .......................... Countertop Microwave-Only ............. LED Stable, Cyclic ................................... 20 ........................

2 .......................... Countertop Microwave-Only ............. LED Stable, Cyclic ................................... 20 ........................

3 .......................... Countertop Microwave-Only ............. VFD Stable, Non-Cyclic ............................ 15 15 

4 .......................... Countertop Microwave-Only ............. LED Stable, Cyclic ................................... 20 20 

5 .......................... Countertop Microwave-Only ............. LCD Stable, Non-Cyclic ............................ 15 ........................

6 .......................... Countertop Microwave-Only ............. LCD Stable, Non-Cyclic ............................ 15 ........................

7 .......................... Countertop Microwave-Only ............. LCD Stable, Non-Cyclic ............................ 15 15 

8 .......................... Countertop Microwave-Only ............. LCD Stable, Non-Cyclic ............................ 15 ........................

9 .......................... Countertop Microwave-Only ............. VFD Stable, Non-Cyclic ............................ 25 16 

10 ........................ Countertop Microwave-Only ............. VFD Stable, Non-Cyclic ............................ 15 ........................

11 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 18.75 15 

12 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 15 15 

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TABLE III. 2—DOE STANDBY MODE TEST DURATION USING IEC STANDARD 62301 (SECOND EDITION) SAMPLING

METHOD—Continued 

Test unit Product type Display 

type 

Power measurement 

method 

(Using sampling method) 

Test 1 

duration 

(min) 

Test 2 

duration 

(min) 

13 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 15 ........................

14 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 15 ........................

15 ........................ Countertop Combination .................. LCD Stable, Non-Cyclic ............................ 23.75 22.5 

16 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 15 15 

17 ........................ Countertop Combination .................. LED Stable, Cyclic ................................... 20 20 

18 ........................ Countertop Combination .................. VFD Stable, Non-Cyclic ............................ 15 ........................

19 ........................ Over-the-Range Microwave Only ..... VFD Stable, Non-Cyclic ............................ 15 15 

20 ........................ Over-the-Range Microwave Only ..... VFD Stable, Non-Cyclic ............................ 23.125 ........................

21 ........................ Over-the-Range Microwave Only ..... VFD Stable, Non-Cyclic ............................ 15 ........................

22 ........................ Over-the-Range Microwave Only ..... VFD Stable, Non-Cyclic ............................ 15 ........................

23 ........................ Over-the-Range Microwave Only ..... LCD Stable, Non-Cyclic ............................ 15 15 

24 ........................ Over-the-Range Microwave Only ..... LED Stable, Cyclic ................................... 20 ........................

25 ........................ Over-the-Range Microwave Only ..... VFD Stable, Non-Cyclic ............................ 15 ........................

26 ........................ Over-the-Range Combination .......... VFD Stable, Non-Cyclic ............................ 15 15 

Average Test Duration 17.0 

5. Conclusions on Test Methodology 

DOE, in evaluating IEC Standard 

62301 (Second Edition) in comparison 

to the First Edition, confers substantial 

weight to the considerable body of 

comments on and input to the 

provisions and methodology that IEC 

developed as part of its latest revision 

process. DOE recognizes that, in some 

cases, test burden and complexity 

would be increased by requiring the use 

of the test methods specified in the 

Second Edition. However, DOE believes 

that in most cases, this added burden on 

manufacturers has been sufficiently 

considered by the IEC voting members 

as being outweighed by the improved 

accuracy and representativeness of the 

resulting power consumption 

measurement. Furthermore, 

manufacturers were aware of these 

differences, but nevertheless 

overwhelmingly supported DOE’s use of 

the Second Edition. In addition, 

according to AHAM, harmonizing with 

international test standards will reduce 

testing burden on microwave oven 

manufacturers that sell products 

internationally by not requiring 

multiple standby tests to be conducted 

according to different testing methods in 

different countries. DOE tentatively 

concludes that the application of the 

provisions of the Second Edition to 

power measurements in off mode and 

most standby modes would be 

appropriate, and is proposing 

incorporation by reference of the 

relevant paragraphs of section 5.3 of IEC 

Standard 62301 (Second Edition) in the 

test procedures for these products in 10 

CFR part 430, subpart B, appendix I, 

sections 3.1.3.1 and 3.2.3. 

Further, DOE observes that although 

the Second Edition allows the choice of 

multiple test methods for both stable 

and unstable non-cyclic power 

consumption, the sampling method 

provides for a test duration that is 

approximately the same or similar to the 

allowable alternative methods and does 

not require classification of the nature of 

the power consumption (e.g., stable or 

unstable, non-cyclic) in advance of the 

test. By monitoring the variation in 

power consumption during the test, the 

test operator could determine whether it 

is stable or unstable, and thereby 

establish the required duration of the 

sampling periods. For cyclic power 

consumption, the Second Edition also 

requires the use of the sampling 

method. Thus, DOE proposes to require 

in 10 CFR part 430, subpart B, appendix 

I, sections 3.1.3.1 and 3.2.3 the use of 

the sampling method in section 5.3.2 of 

the Second Edition for standby mode 

and off mode power measurements, 

except as follows. In the narrow case of 

microwave ovens with power 

consumption that varies as a function of 

the time displayed, DOE tentatively 

concludes that the application of the 

test methodology from the Second 

Edition would cause manufacturers to 

incur significant burden that would not 

be warranted by any potential improved 

accuracy of the test measurement. For 

this reason, DOE is not proposing in this 

supplemental notice to amend the 

substance of the 10-minute test method 

that is currently provided for these 

products in the microwave oven test 

procedure. 

This supplemental notice is also 

proposing to amend the reference in 10 

CFR 430.3 to add a reference to IEC 

Standard 62301 (Second Edition). DOE 

is not proposing to delete the reference 

to the First Edition in 10 CFR 430.3 

because the proposed amendments in 

today’s supplemental notice would 

continue to incorporate certain 

provisions from it as well as from the 

Second Edition. 

DOE also notes that there are a 

number of editorial changes necessary 

in appendix I to allow for the correct 

referencing to the Second Edition. For 

example, the definition sections need to 

define the IEC Standard 62301 as the 

Second Edition instead of the First 

Edition. Also, there are some section 

numbering differences in the Second 

Edition which impact the text of the 

measurement provisions of the relevant 

test procedures. 

D. Definitions of ‘‘Active Mode,’’ 

‘‘Standby Mode,’’ and ‘‘Off Mode’’ 

In the March 2011 Interim Final Rule, 

DOE adopted a definition of ‘‘standby 

mode’’ based on the definitions 

provided in IEC Standard 62301 (FDIS), 

as follows: 

• ‘‘Standby mode’’ is the condition in 

which an energy-using product is 

connected to a mains power source and 

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

may persist for an indefinite time: 

• A remote switch (including 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. 76 FR 12825, 12834 (Mar. 9, 

2011). 

DOE also adopted 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 

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continuous clock function (which may 

or may not be associated with a display) 

that provides regularly scheduled tasks 

(e.g. switching) and that operates on a 

continuous basis. Id. 

DOE also adopted definitions of ‘‘off 

mode’’ and ‘‘active mode’’ based on the 

definitions provided in IEC Standard 

62301 (FDIS), as follows: 

• ‘‘Off mode’’ is the condition in 

which an energy-using product is 

connected to a mains power source and 

is not providing any standby mode or 

active 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 off 

mode. Id. 

• ‘‘Active mode(s)’’ is the condition 

in which an energy-using product is 

connected to a mains power source and 

at least one primary function is 

activated. Id. 

AHAM commented that it supported 

DOE’s proposal to adopt definitions of 

standby mode, off mode, and active 

mode based on the definitions provided 

in IEC Standard 62301 (FDIS), except 

that because the definitions in the FDIS 

version are identical to those in the 

published version of IEC Standard 

62301 (Second Edition), DOE should 

cite the Second Edition rather than the 

FDIS version. (AHAM, No. 31 at p. 4) 

DOE notes that it did not incorporate by 

reference the definitions of standby 

mode, off mode, and active mode from 

IEC Standard 62301 (FDIS) in the March 

2011 Interim Final Rule, but instead 

adopted definitions based on those 

definitions. 76 FR 12825, 12836 (Mar. 9, 

2011). DOE agrees that the definitions in 

IEC Standard 62301 (FDIS) are identical 

to the definitions in IEC Standard 62301 

(Second Edition). As a result, DOE does 

not believe it is necessary to propose 

amendments to the definitions of 

standby mode, off mode, and active 

mode in 10 CFR part 430, subpart B, 

appendix I, section 1, that were adopted 

in the March 2011 Interim Final Rule 

based on these comments because these 

definitions have the same functional 

equivalence to those in both IEC 

Standard 62301 (FDIS) and IEC 

Standard 62301 (Second Edition). 

However, DOE proposes in today’s 

SNOPR to make non-substantive 

editorial changes to clarify for the reader 

the description of the user-oriented or 

protective functions associated with 

standby mode operation in the 

definition of standby mode in 10 CFR 

part 430, subpart B, appendix I, section 

1.13. 

DOE noted in the March 2011 Interim 

Final Rule that the definition of standby 

mode states that it includes useroriented 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 stated 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. 76 FR 12825, 

12836 (Mar. 9, 2011). 

AHAM commented that it does not 

support including one-way remote 

controls as a feature under the 

definition of standby mode. AHAM 

stated that although EPCA defines 

standby mode to include activation by 

remote control, one-way remotes do not 

meet the intent of the statute. AHAM 

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 this appropriately falls 

under standby power. Conversely, 

AHAM stated that a one-way remote 

turns the product completely off, 

including turning off any infrared 

sensors to receive signals from a remote 

control, such that it cannot be turned on 

again through use of the remote. Thus, 

a one-way remote, unlike a standard 

remote, does not put the product into a 

standby mode, but instead puts the 

product into an off mode when it is 

powered down, as long as no other 

standby mode functions within the 

product are energized. AHAM stated 

that currently there are few, if any, oneway remotes in the United States, and 

that including one-way remotes in the 

off mode instead of in the standby mode 

will encourage manufacturers to design 

products with one-way remotes, which 

could result in decreased energy use. 

AHAM commented that DOE should 

include such a clarification in the 

definition of standby mode. (AHAM, 

No. 31 at p. 4) 

DOE notes that if a one-way remote 

control powers the product down, 

including turning off any infrared 

sensors to receive signals from a remote 

control, then such a remote control 

sensor would not be facilitating the 

activation of other modes (including 

activation or deactivation of active 

mode), as defined under standby mode. 

DOE believes that the definition of 

standby mode clearly excludes the 

condition in which a one-way remote 

control has powered down the product, 

including turning off any infrared 

sensors to receive signals from a remote 

control, as long as the microwave oven 

does not have any other standby mode 

product functions energized. Under 

those conditions, the microwave oven 

would not be consuming any energy 

related to standby mode, and would be 

considered to be in off mode. As a 

result, DOE is not proposing 

amendments to the definition of standby 

mode in 10 CFR part 430, subpart B, 

appendix I, section 1 to provide such a 

clarification in today’s SNOPR. 

E. Specifications for the Test Methods 

and Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

As discussed above in section III.C, 

for microwave ovens in which standby 

mode power consumption varies as a 

function of displayed time, DOE 

adopted in the March 2011 Interim 

Final Rule a requirement to set the 

display time to 3:23 and allowing a 10- 

minute stabilization period prior to a 

10-minute measurement period from the 

display time of 3:33 to 3:42 based on the 

average power approach of section 5, 

paragraph 5.3.2(a) of IEC Standard 

62301 (First Edition). 76 FR 12825, 

12838–40 (Mar. 9, 2011). The 10-minute 

stabilization period was determined 

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, DOE 

stated 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. Id. at 12839. 

AHAM noted that it commented in 

response to the July 2010 TP SNOPR 

that the test procedure should require 

that the clock be set to 3:33 minus the 

number of minutes needed to return to 

the lowest power consumption mode, 

and that DOE responded in the March 

2011 Interim Final Rule by stating that 

AHAM’s proposal was not sufficiently 

accurate or repeatable. AHAM 

commented that it disagrees with DOE’s 

response. AHAM stated its proposed 

method provides for a more accurate 

measurement because the length of time 

to return to the lowest power 

consumption mode after setting the 

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clock will vary for each microwave oven 

due to differences in product design. 

AHAM stated that it is possible that 

some products would not reach 

stabilization in that 10-minute period, 

and thus the 10-minute method would 

no longer be an accurate measurement 

for such products. AHAM added that 

each manufacturer will be able to 

determine the amount of time to 

subtract with minimal additional test 

burden (as, according to AHAM, all 

models within a basic model will take 

the same amount of time to return to the 

lowest power consumption mode), and, 

therefore, no stabilization time needs to 

be specified. (AHAM, No. 31 at p. 5) 

AHAM proposed that, as a way of 

preventing anti-circumvention, DOE 

should require manufacturers to certify 

the number of minutes that the unit 

waits before returning to the lowest 

power consumption mode. AHAM 

added that if DOE does require this 

information, it should be treated as 

confidential business information. 

(AHAM, No. 31 at p. 5) Whirlpool 

supported the comments made by 

AHAM. (Whirlpool, No. 30 at p. 1) 

DOE recognizes the merits of the 

method suggested by AHAM by 

allowing flexibility for a manufacturer 

to shorten or lengthen the test cycle 

depending on the design of their 

microwave oven. However, as noted in 

the March 2011 Interim Final Rule, 

DOE’s testing showed that all 

microwave ovens in its test sample 

dropped to the lower-power state in less 

than 10 minutes. 76 FR 12825, 12839 

(Mar. 9, 2011). DOE is unaware of any 

technical basis for a stabilization period 

longer than 10 minutes, and DOE 

believes that including a defined 

stabilization period will encourage 

manufacturers to minimize the duration 

of the stabilization period in their 

products. DOE also believes that it is 

important for the test procedure to be 

repeatable and reproducible, and to 

minimize burden. DOE notes that 

independent testing laboratories may 

not sufficiently understand the control 

logic to determine the appropriate 

number of minutes needed to return to 

the lowest power consumption mode. 

DOE also notes that a display may dim 

after a certain period of time, but a 

manufacturer may design a microwave 

oven with other features or functions 

that transition to a lower power 

consumption mode after a different 

amount of time that is not easily 

discernible. As a result, different testing 

laboratories may use different testing 

times using such a method. DOE 

believes that defining a specific 

stabilization period will increase the 

reproducibility of testing among 

laboratories. For these reasons, DOE is 

not proposing amendments in 10 CFR 

part 430, subpart B, appendix I, section 

3.1.3.1 to set the time to 3:33 minus the 

number of minutes needed to return to 

the lowest power consumption mode for 

microwave ovens in which standby 

mode power consumption varies as a 

function of displayed time. 

F. Compliance With Other EPCA 

Requirements 

1. Test Burden 

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)) 

In the March 2011 Interim Final Rule, 

DOE stated that the amendments it 

adopted in the microwave oven test 

procedure incorporate a test standard 

that is accepted internationally for 

measuring power consumption in 

standby mode and off mode (IEC 

Standard 62301). Based on DOE testing 

and analysis of IEC Standard 62301 

(First Edition), DOE determined that the 

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 and would not be unduly 

burdensome to conduct. DOE also noted 

that the number of units to be tested, 

according to the sampling requirements 

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

in part due to a shorter test duration 

than previously proposed in the October 

2008 TP NOPR, 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. For 

these reasons, DOE concluded in the 

March 2011 Interim Final Rule 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. 76 FR 12825, 

12840 (Mar. 9, 2011). 

Today’s supplemental proposed 

amendments to the DOE test procedures 

are based on an updated version of IEC 

Standard 62301, IEC Standard 62301 

(Second Edition), which has been the 

subject of significant review and input 

from interested parties and, thus, 

continues to be an internationally 

accepted test standard for measuring 

standby mode and off mode power 

consumption. As discussed in section 

III.C of this notice, DOE believes that the 

provisions of IEC Standard 62301 

(Second Edition) that it proposes to 

incorporate by reference through today’s 

SNOPR provide a means to measure 

power consumption with greater 

accuracy and repeatability than the 

provisions from IEC Standard 62301 

(First Edition) that were adopted in the 

March 2011 Interim Final Rule. DOE 

tentatively concludes that today’s 

proposed amendments would also 

provide measurements representative of 

average consumer use of the product 

under test, even if the test conditions 

and procedures may not be identical to 

average consumer use (for example, 

specified display times). In particular, 

DOE determined that the abbreviated 

10-minute test period for those 

microwave ovens with power 

consumption varying according to the 

time displayed on the clock, as 

discussed in section III.C, has been 

carefully designed and circumscribed in 

order to attain an overall calculated 

measurement of the energy 

consumption during a representative 12- 

hour use cycle. 76 FR 12825, 12838–40 

(Mar. 9, 2011). DOE further believes that 

the new provisions in the applicable 

sections of IEC Standard 62301 (Second 

Edition) improve test results without 

undue testing burden. DOE 

acknowledges that certain methods from 

IEC Standard 62301 (Second Edition) 

may increase test duration somewhat, 

but where such an increase was deemed 

excessive (i.e., for products with clocks 

that can vary in power consumption as 

a function of time displayed), DOE 

retained the method previously adopted 

in order to mitigate test burden. DOE 

also believes that the potential for 

increased test burden in other power 

consumption measurements is offset by 

more reasonable requirements for 

testing equipment, while maintaining 

measurement accuracy deemed 

acceptable and practical by voting 

members for IEC Standard 62301 

(Second Edition). DOE also notes that, 

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according to AHAM, harmonizing with 

international test standards will reduce 

testing burden on microwave oven 

manufacturers that sell products 

internationally by not requiring 

multiple standby tests to be conducted 

according to different testing methods in 

different countries. Thus, DOE 

tentatively concludes that the amended 

test procedures newly proposed in 

today’s SNOPR would produce test 

results that measure the standby mode 

and off mode power consumption 

during representative use, and that the 

test procedures would not be unduly 

burdensome to conduct. 

2. Certification Requirements 

Sections 6299–6305 of EPCA 

authorize DOE to enforce compliance 

with the energy and water conservation 

standards established for certain 

consumer products. (42 U.S.C. 6299– 

6305 (consumer products) On March 7, 

2011, the Department revised, 

consolidated, and streamlined its 

existing certification, compliance, and 

enforcement regulations for certain 

consumer products and commercial and 

industrial equipment covered under 

EPCA, including microwave ovens. 76 

FR 12422. These regulations are 

codified in 10 CFR 429.23 (conventional 

cooking tops, conventional ovens, 

microwave ovens). 

The certification requirements for 

microwave ovens consist of a sampling 

plan for selection of units for testing and 

requirements for certification reports. 

Because there are no existing energy 

conservation standards for microwave 

ovens, DOE is not proposing any 

amendments to the certification 

reporting requirements for these 

products. However, because DOE 

proposes in today’s SNOPR to introduce 

new metrics (standby mode power 

consumption (PSB) and off mode power 

consumption (POFF)) for microwave 

ovens, DOE additionally proposes 

amended provisions in the sampling 

plan in 10 CFR 429.23(a)(2)(i) that 

would include PSB and POFF. 

IV. Procedural Issues and Regulatory 

Review 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the March 2011 Interim 

Final Rule remain unchanged for this 

SNOPR. These determinations are set 

forth in the March 2011 Interim Final 

Rule. 76 FR 12825, 12840–42 (Mar. 9, 

2011). 

V. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this notice. 

Submitting comments via 

regulations.gov. The regulations.gov 

web page will require you to provide 

your name and contact information. 

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. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

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 email, hand 

delivery, or mail. Comments and 

documents submitted via email, 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, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. 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 email, 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 email 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 

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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). 

B. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. Incorporation of IEC Standard 

62301 (Second Edition). DOE invites 

comment on the adequacy of IEC 

Standard 62301 (Second Edition) to 

measure standby mode and off mode 

power consumption for microwave 

ovens, and the suitability of 

incorporating into DOE regulations the 

following specific provisions from IEC 

Standard 62301 (Second Edition): 

Section 4 (‘‘General conditions for 

measurements’’), paragraph 4.2, ‘‘Test 

room,’’ paragraph 4.3.2, ‘‘Supply voltage 

waveform,’’ and paragraph 4.4, ‘‘Power 

measuring instruments,’’ and section 5 

(‘‘Measurements’’), paragraph 5.1, 

‘‘General,’’ paragraph 5.2 ‘‘Preparation 

of product’’, and paragraph 5.3.2, 

‘‘Sampling method.’’ (See section III.C) 

2. Measurement of Total Harmonic 

Distortion. DOE invites comment on the 

acceptability of measuring the total 

harmonic content, crest factor, and 

maximum current ratio before and after 

the actual test measurement if the power 

measuring instrument is unable to 

perform these measurements during the 

actual test measurement. (See section 

III.C) 

3. Methods Based on IEC Standard 

62301 (First Edition) for Microwave 

Ovens with Clocks. DOE welcomes 

comment on its determination that the 

provisions of IEC Standard 62301 

(Second Edition) would cause 

manufacturers to incur significant test 

burden for microwave ovens with power 

consumption that varies as a function of 

the time displayed, and the continued 

proposal of a 10-minute test method of 

measuring standby mode power for 

these products in the microwave oven 

test procedure. (See section III.C) 

4. Test Burden. DOE seeks comment 

on its analysis of the test burden 

associated with standby mode and off 

mode testing as proposed in today’s 

SNOPR. (See sections III.C and III.F.1) 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this supplemental notice 

of proposed rule. 

List of Subjects 

10 CFR Part 429 

Energy conservation, Household 

appliances, Reporting and 

recordkeeping requirements. 

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 November 

17, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend parts 

429 and 430 of title 10 of the Code of 

Federal Regulations, as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

2. Section 429.23 is amended by 

revising paragraph (a)(2)(i) introductory 

text to read as follows: 

§ 429.23 Conventional cooking tops, 

conventional ovens, microwave ovens. 

(a) * * * 

(2) * * * 

(i) Any represented value of estimated 

annual operating cost, energy 

consumption, standby mode power 

consumption, off mode power 

consumption, or other measure of 

energy consumption of a basic model for 

which consumers would favor lower 

values shall be greater than or equal to 

the higher of: 

* * * * * 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

3. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

4. Section 430.2 is amended by 

adding the definition for ‘‘Combination 

oven’’ in alphabetical order to read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Combination oven means a 

microwave oven that incorporates 

convection features and possibly other 

means of cooking. 

* * * * * 

5. Section 430.3 is amended by 

adding paragraph (l)(2) to read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(l) * * * 

(2) IEC Standard 62301 (‘‘IEC 62301’’), 

Household electrical appliances— 

Measurement of standby power (Edition 

2.0, 2011–01), IBR approved for 

Appendix I. 

* * * * * 

6. Appendix I to Subpart B of Part 430 

is amended: 

a. By revising the note after the 

heading; 

b. By revising section 1. Definitions; 

c. In section 2. Test Conditions, by 

revising sections 2.1.3, 2.2.1.2, 2.5.2, 

2.6, and 2.9.1.3; and 

d. In section 3. Test Methods and 

Measurements, by revising sections 

3.1.1, 3.1.1.1, 3.1.2, 3.1.3, and 3.2.3. 

The 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 

[date 180 days after date of publication of the 

test procedure final rule in the Federal 

Register] 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. 

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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 First Edition 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 IEC 62301 Second Edition refers to 

the test standard published by the 

International Electrotechnical Commission, 

titled ‘‘Household electrical appliances— 

Measurement of standby power,’’ Publication 

62301 Edition 2.0 2011–01 (incorporated by 

reference, see § 430.3). 

1.8 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. 

1.9 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. 

1.10 Primary energy consumption means 

either the electrical energy consumption of a 

conventional electric oven or the gas energy 

consumption of a conventional gas oven. 

1.11 Secondary energy consumption 

means any electrical energy consumption, 

other than clock energy consumption, of a 

conventional gas oven. 

1.12 Standard cubic foot (or liter (L)) of 

gas means that quantity of gas that occupies 

1 cubic foot (or alternatively expressed in 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). 

1.13 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) Facilitation of the activation of other 

modes (including activation or deactivation 

of active mode) by remote switch (including 

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

provision of 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. 

1.14 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. 

1.15 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 

(Second Edition) (incorporated by reference; 

see § 430.3), disregarding the provisions 

regarding batteries and the determination, 

classification, and testing of relevant modes. 

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 240/120 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 4.3.2 of IEC 

62301 (Second Edition) (incorporated by 

reference; see § 430.3). If the power 

measuring instrument used for testing is 

unable to measure and record the total 

harmonic content during the test 

measurement period, it is acceptable to 

measure and record the total harmonic 

content immediately before and after the test 

measurement period. 

* * * * * 

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 

(Second Edition) (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 1.8, before any testing 

begins. The equipment for measuring the 

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 meet the 

requirements specified in Section 4, 

Paragraph 4.4 of IEC 62301 (Second Edition) 

(incorporated by reference; see § 430.3). If the 

power measuring instrument used for testing 

is unable to measure and record the crest 

factor, power factor, or maximum current 

ratio during the test measurement period, it 

is acceptable to measure the crest factor, 

power factor, and maximum current ratio 

immediately before and after the test 

measurement period. 

* * * * * 

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, 

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if so equipped. Before beginning the test, the 

conventional oven shall be at its normal 

nonoperating temperature as defined in 

section 1.8 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 1.8 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 1.8 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 (Second Edition) 

(incorporated by reference; see § 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 5.3.2 of IEC 62301 

(Second Edition). 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) of IEC 62301 

(First Edition), 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 1.13 and 1.9, 

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 (Second Edition) (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. 2011–30234 Filed 11–22–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1176; Directorate 

Identifier 2011–NE–35–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Pratt & 

Whitney JT9D–7R4D, –7R4D1, –7R4E, 

–7R4E1, –7R4G2, –7R4H1, and –7R4E4 

turbofan engines. This proposed AD 

would establish a new lower life limit 

for high-pressure turbine (HPT) 1st stage 

air seals, part number (P/N) 735907, and 

would require removing them from 

service using a drawdown schedule. 

This proposed AD was prompted by the 

determination that a new lower life 

limit for the HPT 1st stage air seals, 

P/N 735907, is necessary. We are 

proposing this AD to prevent critical 

life-limited rotating engine part failure 

and damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by January 23, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Sheely, Aerospace Engineer, 

Engine & Propeller Directorate, FAA, 12 

New England Executive Park, 

Burlington, MA 01803; phone: (781) 

238–7750; fax: (781) 238–7199; email: 

stephen.k.sheely@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–1176; Directorate Identifier 2011– 

NE–35–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

mstockstill on DSK4VPTVN1PROD with PROPOSALS