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[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12825-12845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5044]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0011]
RIN 1904-AB78

Energy Conservation Program for Consumer Products: Test Procedure 
for Microwave Ovens

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

ACTION: Interim final rule.

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SUMMARY: The U.S. Department of Energy (DOE) is amending its test 
procedures for microwave ovens under the Energy Policy and Conservation 
Act (EPCA) to provide for the measurement of standby mode and off mode 
power use by microwave ovens. These amendments incorporate into the DOE 
test procedure provisions from the International Electrotechnical 
Commission (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' First Edition 2005-06 (IEC Standard 
62301 (First Edition)). In addition, these amendments adopt in the DOE 
test procedure definitions of modes based on the relevant provisions 
from the IEC Standard 62301 Second Edition, Final Draft International 
Standard (IEC Standard 62301 (FDIS)), as well as language to clarify 
application of these provisions for measuring standby mode and off mode 
power consumption in microwave ovens.

DATES: This rule is effective April 8, 2011. Comments on the interim 
final rule are due September 6, 2011. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register on April 8, 2011.

ADDRESSES: The public may review copies of all materials related to 
this rulemaking at the U.S. Department of Energy, Resource Room of the 
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, 
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
at the above telephone number for additional information regarding 
visiting the Resource Room.
    Any comments submitted must identify the Interim Final Rule on Test 
Procedures for Microwave Ovens, and

[[Page 12826]]

provide the docket number EERE-2008-BT-TP-0011 and/or regulatory 
information number (RIN) 1904-AB78. Comments may be submitted using any 
of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions in section V for submitting comments.
    2. E-mail: MicroOven-2008-TP-0011@ee.doe.gov. Include docket number 
EERE-2008-BT-TP-0011 and/or RIN 1904-AB78 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please submit one signed original paper 
copy.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza, 
SW., Washington, DC 20024. Telephone: (202) 586-2945. Please submit one 
signed original paper copy.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Office of Energy Efficiency and 
Renewable Energy through the methods listed above and by e-mail to 
Christine_J._Kymn@omb.eop.gov.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V (Public 
Participation) of this document.
    Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, framework 
documents, public meeting attendee lists and transcripts, comments, and 
other supporting documents/materials. The documents in the docket are 
listed for review. However, not all documents listed in the index may 
be publicly available, such as information that is exempt from public 
disclosure. See section V of this SNOPR for instructions on how to 
submit comments and to access publicly available material on the 
regulations.gov Web site.
    A link to the Supplemental Notice of Proposed Rulemaking (SNOPR) 
web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/cooking_products.html, under 
Supplemental Notice of Proposed Rulemaking (SNOPR). This web page 
contains links to the SNOPR, information from the public meeting and 
regulations.gov. The regulations.gov web page will also contain 
instructions on how to access all documents, including public comments, 
in the docket.
    For further information on how to submit or review public comments, 
participate in the public meeting, or view hard copies of the docket in 
the Resource Room, contact Ms. Brenda Edwards at (202) 586-2945 or e-
mail: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:
Mr. Wes Anderson, U.S. Department of Energy, Energy Efficiency and 
Renewable Energy, Building Technologies Program, EE-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Tel.: (202) 586-
7335. E-mail: Wes.Anderson@ee.doe.gov.
Mr. Ari Altman, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Tel.: (202) 287-6307, E-mail: Ari.Altman@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Legal Authority
II. Summary of the Interim Final Rule
III. Discussion
    A. Products Covered by This Test Procedure Rulemaking
    B. Effective Date for the Test Procedure and Date on Which Use 
of the Test Procedure Would Be Required
    C. Measures of Energy Consumption
    D. Incorporating by Reference IEC Standard 62301 (First Edition) 
for Measuring Standby Mode and Off Mode Power in Microwave Ovens
    E. Definitions of ``Active Mode'', ``Standby Mode'', and ``Off 
Mode''
    F. Specifications for the Test Methods and Measurements for 
Microwave Oven Standby Mode and Off Mode Testing
    G. Other Issues
    H. Compliance With Other EPCA Requirements
IV. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
(FEA) Act of 1974
    M. Congressional Notification
V. Public Participation
VI. Approval of the Office of the Secretary

I. Background and Legal Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. Part B of Title III 
((42 U.S.C. 6291-6309) establishes the ``Energy Conservation Program 
for Consumer Products Other Than Automobiles,'' including microwave 
ovens (all of which are referred to below as ``covered products''.) \1\ 
(42 U.S.C. 6291(1)-(2) and 6292(a)(10))
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    \1\ All references to EPCA refer to the statute as amended 
including through the Energy Independence and Security Act of 2007, 
Public Law 110-140. For editorial reasons, upon codification in the 
U.S. Code, Part B was re-designated Part A.
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    Under the Act, this program consists essentially of three parts: 
(1) Testing; (2) labeling; and (3) establishing Federal energy 
conservation standards. Pursuant to EPCA, the testing requirements 
consist of test procedures that manufacturers of covered products must 
use as the basis for certifying to DOE that their products comply with 
applicable energy conservation standards adopted under EPCA and for 
representations about the efficiency of those products. Similarly, DOE 
must use these test requirements to determine whether the products 
comply with EPCA standards. Under 42 U.S.C. 6293, EPCA sets forth 
criteria and procedures for DOE's adoption and amendment of such test 
procedures. EPCA provides that any test procedures prescribed or 
amended under this section shall be reasonably designed to produce test 
results which measure energy efficiency, energy use, or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use, as determined by the Secretary of 
Energy, and shall not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3))
    Finally, in any rulemaking to amend a test procedure, DOE must 
determine to what extent, if any, the proposed test procedure would 
alter the measured energy efficiency of any covered product as 
determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) If 
DOE determines that the amended test procedure would alter the measured 
efficiency of a covered product, DOE must amend the applicable energy 
conservation standard accordingly. In determining the amended energy 
conservation standard, the Secretary shall measure, pursuant to the 
amended test procedure, the energy efficiency, energy use, or water use 
of a representative sample of covered products that minimally comply 
with

[[Page 12827]]

the existing standard. The average of such energy efficiency, energy 
use, or water use levels determined under the amended test procedure 
shall constitute the amended energy conservation standard for the 
applicable covered products. (42 U.S.C. 6293(e)(2)) EPCA also states 
that models of covered products in use before the date on which the 
amended energy conservation standard becomes effective (or revisions of 
such models that come into use after such date and have the same energy 
efficiency, energy use, or water use characteristics) that comply with 
the energy conservation standard applicable to such covered products on 
the day before such date shall be deemed to comply with the amended 
energy conservation standard. (42 U.S.C. 6293(e)(3))
    DOE is also required to amend the test procedures for covered 
products to address standby mode and off mode energy consumption and to 
integrate such energy consumption into the energy descriptor for that 
product unless the current test procedures already fully account for 
such consumption. If integration is technically infeasible, DOE must 
prescribe a separate standby mode and off mode energy use test 
procedure, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any such 
amendment must consider the most current versions of IEC Standards 
62301 ``Household electrical appliances--Measurement of standby 
power,'' First Edition 2005-06 (IEC Standard 62301 (First Edition)) \2\ 
and IEC Standard 62087 ``Methods of measurement for the power 
consumption of audio, video, and related equipment,'' Second Edition 
2008-09. Id. For microwave ovens, DOE must prescribe any such amendment 
by March 31, 2011. (42 U.S.C. 6295(gg)(2)(B)(vi))
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    \2\ IEC standards are available for purchase at: http://www.iec.ch.
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    Historically, DOE's active mode test procedure for microwave ovens 
appeared at appendix I to subpart B of Title 10 of the Code of Federal 
Regulations (CFR).\3\ That test procedure was part of an October 3, 
1997 final rule that also revised the test procedures for other cooking 
products to measure their efficiency and energy use more accurately. 62 
FR 51976. That final rule incorporated portions of IEC Standard 705-
1998 and Amendment 2-1993, ``Methods for Measuring the Performance of 
Microwave Ovens for Households and Similar Purposes'' to measure 
microwave oven cooking efficiency, but did not address energy use in 
the standby or off modes. Id.
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    \3\ In a final rule published on April 8, 2009 (74 FR 16040), 
DOE found that no active mode cooking efficiency standards were 
justified for electric cooking products, including microwave ovens. 
This rulemaking completed the second cycle of rulemakings required 
by the NAECA amendments to EPCA. (42 U.S.C. 6295(h)(2)) In its 
analysis for the second cycle of rulemakings, DOE determined that 
the microwave oven test procedure provisions to measure cooking 
efficiency do not produce accurate and repeatable test results. DOE 
is unaware of any test procedures that have been developed that 
address the concerns with the DOE microwave oven cooking efficiency 
test procedure. DOE, therefore, repealed the regulatory provisions 
establishing the active mode cooking efficiency test procedure for 
microwave ovens under EPCA in a final rule published on July 22, 
2010 (the July 2010 TP Final Rule). 75 FR 42579. DOE also published 
a notice of a public meeting to discuss a separate rulemaking 
process to replace the repealed provisions for measuring microwave 
oven energy efficiency in active mode on July 22, 2010. 75 FR 42611.
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    DOE published a notice of proposed rulemaking (NOPR) on October 17, 
2008 (hereafter referred to as the October 2008 TP NOPR), in which it 
proposed incorporating provisions from IEC Standard 62301 (First 
Edition) into the DOE active mode test procedure, as well as language 
to clarify application of these provisions for measuring standby mode 
and off mode power in microwave ovens. 73 FR 62134. DOE held a public 
meeting on November 14, 2008 (hereafter referred to as the November 
2008 public meeting) to hear oral comments on and solicit information 
relevant to the October 2008 TP NOPR. Interested parties remarked upon, 
among other things, harmonization of standards and test procedures with 
those of other countries and international agencies. In particular 
commenters urged DOE to consider IEC Standard 62301 (Second Edition), 
which was in the process of being finalized and published.
    EPCA requires DOE to consider the most recent version of IEC 
Standard 62301. After the October 2008 TP NOPR was published, DOE 
determined that it would consider the revised version of IEC Standard 
62301 (i.e., IEC Standard 62301 (Second Edition)), in the microwave 
oven test procedure rulemaking. The revised version was expected in 
July 2009. DOE anticipated, based on review of drafts of the updated 
IEC Standard 62301, that the revisions could include different mode 
definitions. IEC Standard 62301 (Second Edition) was not published, 
however, until January 27, 2011.
    Because the Energy Independence and Security Act (EISA) of 2007 
amendments to EPCA require DOE to establish test procedures for standby 
mode and off mode by March 31, 2011, and because DOE is conducting a 
concurrent energy conservation standards rulemaking for standby and off 
mode energy use, discussed below, DOE published a supplemental notice 
of proposed rulemaking (SNOPR) on July 22, 2010 (hereafter referred to 
as the July 2010 TP SNOPR) proposing mode definitions based on those in 
the then current draft version of IEC Standard 62301 (Second Edition), 
designated as IEC Standard 62301 Second Edition, Committee Draft for 
Vote (IEC Standard 62301 (CDV)). 75 FR 42612, 42620-23 (July 22, 2010). 
DOE noted in the July 2010 TP SNOPR that IEC Standard 62301 (CDV) 
contains proposed amendments to IEC Standard 62301 (First Edition), 
including new mode definitions based on those proposed in IEC Standard 
62301 (Second Edition), Committee Draft 2 (IEC Standard 62301 (CD2)) 
\4\ and which address comments received by interested parties in 
response to IEC Standard 62301 (CD2). As a result of this continued 
refinement on the basis of public comment, DOE stated that it believes 
that these most recent mode definitions represent the best definitions 
available for the analysis in support of this rulemaking. 75 FR 42612, 
42621.
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    \4\ IEC Standard 62301 (CD2) was the draft version immediately 
preceding IEC Standard 62301 (CDV).
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    DOE held a public meeting on September 16, 2010 (hereafter referred 
to as the September 2010 public meeting), to hear oral comments on and 
solicit information relevant to the July 2010 TP SNOPR. Interested 
parties remarked upon, among other things, covered products, 
incorporation of IEC Standard 62301 (First Edition), mode definitions, 
and testing procedures. On October 29, 2010, the IEC released a 
finalized draft version of IEC Standard 62301 (Second Edition), IEC 
Standard 62301 (FDIS).
    As stated in the previous paragraph, DOE is considering amended 
microwave oven energy conservation standards addressing standby and off 
mode energy use concurrently with the test procedure rulemaking 
process. The National Appliance Energy Conservation Act of 1987 (NAECA; 
Pub. L. 100-12), which amended EPCA, established prescriptive standards 
for kitchen ranges and ovens, but no standards were established for 
microwave ovens. (42 U.S.C. 6295(h)) The NAECA amendments also required 
DOE to conduct two cycles of rulemakings to determine whether to revise 
the standard. (42 U.S.C. 6295(h)(2)) DOE undertook the first cycle of 
these rulemakings and issued a final rule on September 8, 1998 (63 FR 
48038), in which DOE found that no amended standards were justified for

[[Page 12828]]

electric cooking products, including microwave ovens.
    DOE initiated the second cycle of energy conservation standards 
rulemakings for cooking products by publishing a framework document 
covering, in part, microwave ovens, and giving notice of a public 
meeting and the availability of the document. 71 FR 15059 (March 27, 
2006). In its subsequent advance notice of proposed rulemaking (ANOPR) 
(72 FR 64432, Nov. 15, 2007) (hereafter the November 2007 ANOPR) 
concerning energy conservation standards for commercial clothes washers 
and residential dishwashers, dehumidifiers, and cooking products, 
including microwave ovens (collectively, appliance standards), DOE 
determined that energy consumption by microwave ovens in the standby 
mode represents a significant portion of microwave oven energy use, and 
that a standard regulating such energy consumption would likely have 
significant energy savings. 72 FR 64432, 64441-42. Before standby power 
could be included in an efficiency standard for microwave ovens, 
however, test procedures for the measurement of standby power would be 
required. Id.
    On December 13, 2007, DOE held a public meeting to receive and 
discuss comments on the November 2007 ANOPR (hereafter referred to as 
the December 2007 public meeting). At the December 2007 public meeting, 
DOE presented for discussion the possibility that test standard IEC 
Standard 62301 (First Edition) could be incorporated by reference into 
DOE's microwave oven test procedure to measure standby power. DOE also 
discussed clarifications to the IEC Standard 62301 (First Edition) test 
conditions at the December 2007 public meeting, including a requirement 
that, if the measured power is not stable, the standby mode power test 
would be run for a period of 12 hours with an initial clock setting of 
12 a.m. This would permit more accurate measurement of average standby 
power consumption.
    DOE published a NOPR for the appliance standards rulemaking on 
October 17, 2008, in which it tentatively concluded that a standard for 
microwave oven standby mode and off mode energy consumption would be 
technologically feasible and economically justified. 73 FR 62034. DOE 
received responses to the NOPR from interested parties regarding the 
harmonization of standards and test procedures with those of other 
countries and international agencies. As a result of these comments, 
DOE decided to consider the revised version of IEC Standard 62301 
(i.e., IEC Standard 62301 (Second Edition)), which is a widely accepted 
international test procedure, in the development of energy conservation 
standards for the standby mode and off mode power consumption of 
microwave ovens. As stated above, issuance of the revised version was 
expected in July 2009 but did not occur until January 27, 2011; as a 
result, DOE considered the most recent draft at the time, version IEC 
Standard 62301 (CDV), for the July 2010 TP SNOPR. 75 FR 42612, 42614.

II. Summary of the Interim Final Rule

    In today's interim final rule, DOE is amending its test procedures 
for microwave ovens to:
    (1) Address the statutory requirement to establish procedures for 
the measurement of standby mode and off mode power consumption.
    (2) Support the concurrent development of energy conservation 
standards that address use of standby mode and off mode power by this 
product.
    In today's interim final rule, DOE is incorporating by reference 
specific clauses from IEC Standard 62301 (First Edition) regarding test 
conditions and testing procedures for measuring the average standby 
mode and average off mode power consumption into the microwave oven 
test procedure. DOE is also adopting in the microwave oven test 
procedure definitions of ``active mode,'' ``standby mode,'' and ``off 
mode'' that are based on the definitions provided in IEC Standard 62301 
(FDIS). DOE further adopts language to clarify the application of 
clauses from IEC Standard 62301 (First Edition) for measuring standby 
mode and off mode power in this interim final rule. Specifically, DOE 
is defining the test duration for cases in which the measured power is 
not stable (i.e., varies over a cycle), recognizing that the power 
consumption of microwave oven displays can vary based on the displayed 
clock time.
    The EISA 2007 amendments to EPCA direct DOE to amend the microwave 
oven test procedure to integrate energy consumption in standby mode and 
off mode into the overall energy descriptor. (42 U.S.C. 6295(gg)(2)(A)) 
If that is technically infeasible, DOE must instead prescribe a 
separate standby mode and off mode energy use test procedure, if 
technically feasible. Id.
    As noted above, EPCA requires that DOE determine whether a proposed 
test procedure amendment would alter the measured efficiency of a 
product, thereby requiring adjustment of existing standards. (42 U.S.C. 
6293(e)) Because there are currently no Federal energy conservation 
standards for microwave ovens (including energy use in the standby and 
off modes), such requirement does not apply to this rulemaking. DOE is 
conducting a concurrent rulemaking process to consider standby and off 
mode energy conservation standards and will consider this test 
procedure rulemaking as any standards are developed.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

    This rule amends the test procedures for microwave ovens to include 
test procedures for the measurement of standby mode and off mode power 
use. This rule also clarifies that the definition of ``microwave oven'' 
in 10 CFR 430.2 includes microwave ovens with or without thermal 
elements designed for surface browning of food and combination ovens.
    DOE defines ``microwave oven'' as a class of kitchen ranges and 
ovens which is a household cooking appliance consisting of a 
compartment designed to cook or heat food by means of microwave energy. 
10 CFR 430.2 In the October 2008 TP NOPR, DOE stated that the proposed 
amendments would establish test procedures for all microwave ovens for 
which the primary source of heating energy is electromagnetic 
(microwave) energy, including microwave ovens with or without thermal 
elements designed for surface browning of food. DOE stated that the 
proposal did not address test procedures for combination ovens (i.e., 
ovens consisting of a single compartment in which microwave energy and 
one or more other technologies, such as thermal or halogen cooking 
elements or convection systems, contribute to cooking the food). DOE 
noted that the proposal also did not propose test procedures for the 
type of cooking appliance classified by DOE regulations as a microwave/
conventional range, which has separate compartments or components 
consisting of a microwave oven, a conventional oven, and a conventional 
cooking top. DOE requested data on the efficiency characteristics of 
combination ovens in the November 2007 ANOPR, but did not receive any 
information. DOE also noted in the October 2008 TP NOPR that if this 
information is made available at a later date, DOE may consider 
combination ovens in future proceedings. 73 FR 62134, 62137. In 
response to the October 2008 TP NOPR, interested parties commented that 
the proposed definition for covered products lacks clarity and is

[[Page 12829]]

inconsistent with current regulations, and requested clarification on 
what would be considered covered products.
    For the July 2010 TP SNOPR, DOE conducted a survey of microwave 
oven models currently available on the U.S. market, including 
countertop, over-the-range, and built-in configurations. DOE determined 
that fewer than 1 percent of the available models (1 out of 129) have 
thermal elements for grilling but no convection capability (hereafter 
referred to as ``microwaves with thermal elements only''), while 16 
percent (21 out of 129) are combination units (containing microwave, 
convection, and possibly thermal elements). 75 FR 42612, 42616 DOE 
stated that, although it does not have shipment-weighted data regarding 
the percentage of microwave ovens with thermal elements for grilling or 
combination ovens, DOE does not believe that including microwave ovens 
with thermal elements only, with or without further specification of 
the function of the thermal elements, would substantially affect the 
number or scope of covered products in this rulemaking. Id. DOE 
proposed to clarify that microwave ovens with thermal elements only 
would be considered covered products under the definition provided in 
10 CFR 430.2. Id. Based on DOE's product literature review for the 
single available microwave oven with thermal elements only, DOE stated 
that it believes that the standby and off mode operation for microwave 
ovens with thermal elements only does not differ from that of 
microwave-only units. Id.
    DOE also proposed to clarify that combination microwave ovens 
(i.e., microwave ovens that incorporate convection features and 
possibly other means of cooking) would be considered covered products 
under the regulatory definition in 10 CFR 430.2 because they are 
capable of cooking or heating food by means of microwave energy. 75 FR 
42612, 42616-17. As a result, DOE analyzed the features and operation 
of these products, conducting in-store surveys and product literature 
reviews, to determine if additional testing procedures would be 
required that differ from the testing procedures for microwave-only 
units. Id. DOE stated that combination ovens may have more 
sophisticated displays and menu screens, as well as additional features 
associated with active mode operation (i.e., fans, heater elements, 
etc.) that may require larger power supplies than a microwave-only unit 
and therefore may consume more power in standby or off mode. Id. 
However, DOE also stated that, based on its preliminary analysis, it 
believes that the general standby and off mode operation for 
combination microwave ovens does not differ from that of microwave-only 
units and microwave ovens with thermal elements only. The standby mode 
operation for combination microwave ovens, as with other types of 
microwave ovens, consists of an energized display with a clock. Id.
    The July 2010 TP SNOPR did not affect DOE's proposal from the 
October 2008 TP NOPR that the test procedure would cover microwave 
ovens with and without browning (thermal) elements. Because DOE 
tentatively determined that the operation in standby and off mode for 
microwave-only units, microwave ovens with thermal elements only, and 
combination microwave ovens is the same, DOE proposed that the same 
test procedure amendments for standby and off mode testing, be used for 
all of these product types. Id.
    In response to the July 2010 TP SNOPR, DOE received multiple 
comments on its proposed definition of microwave oven for the purpose 
of determining covered products. Pacific Gas and Electric Company 
(PG&E), Southern California Gas Company (SCGC), San Diego Gas and 
Electric (SDG&E), and Southern California Edison (SCE), jointly 
(hereafter, ``the California Utilities'') the American Council for an 
Energy Efficient Economy (ACEEE) and the Appliance Standards Awareness 
Project (ASAP), jointly (hereafter, ``ACEEE/ASAP Comment''), and the 
Northwest Energy Efficiency Alliance (NEEA) supported DOE's definition 
of microwave ovens with or without thermal elements. (ACEEE/ASAP 
Comment, No. 20 at p. 1; California Utilities, No. 17 at p. 1; NEEA, 
No. 16 at p. 2) The Association of Home Appliance Manufacturers (AHAM) 
stated that it opposed the inclusion of thermal elements designed for 
surface browning of food in the definition of microwave ovens because 
there is no repeatable and reproducible test procedure for thermal 
elements. According to AHAM, those units with thermal elements may use 
different amounts of energy than units with microwave-only capability, 
and furthermore, there is no definition of ``browning''. (AHAM, No. 19 
at p. 2)
    In today's interim final rule, DOE is adopting provisions to 
measure the standby mode and off mode energy use of microwave ovens. 
The energy use of components necessary for any thermal elements, if 
present, in standby mode and off mode, would be measured under the 
amended test procedure. DOE is not adopting at this time any measures 
addressing energy use of microwave ovens in active mode, including the 
energy required to activate thermal elements. At the time that DOE 
considers amending the test procedure to include active mode energy 
use, DOE will evaluate the measurement of thermal element energy 
consumption, including methodology to account for the usage of such 
elements (i.e., surface browning or convection heating). DOE does not 
believe that the lack of current means to measure active mode energy 
use in microwave ovens warrants the exclusion of certain products from 
coverage under the amended test procedure, which is only addressing 
standby mode and off mode energy use.
    DOE also received multiple comments regarding the definition of 
combination ovens and their inclusion as covered products. AHAM and 
Whirlpool Corporation (Whirlpool) objected to the definition in the 
July 2010 TP SNOPR, stating that it is overly broad and that a free-
standing range or built-in oven with a microwave component should not 
be considered as a combination microwave oven. AHAM and Whirlpool 
requested clarification as to whether a cooking product that utilizes 
radiant as well as microwave energy would be a covered product. 
According to Whirlpool, a cooking product which primarily uses radiant 
heat for cooking and which is supplemented by microwave energy would be 
covered as a conventional cooking product and thus should not be a 
covered product for this rulemaking. (AHAM, No. 19 at p. 2; AHAM, 
Public Meeting Transcript, No. 26 at pp. 25, 30, 37-38; Whirlpool, No. 
18 at p. 2; Whirlpool, Public Meeting Transcript, No. 26 at pp. 36-37) 
GE Consumer and Industrial (GE) commented that the definition of 
combination microwave oven may not cover future products, and that 
evaluation of standby power may need to take into account such features 
as noise suppression and components to support heating elements. (GE, 
Public Meeting Transcript, No. 26 at pp. 30-31) AHAM and Whirlpool 
commented that the definition must be made in consideration of future 
active mode test procedures and energy conservation standards, as well 
as the current rulemakings addressing standby mode and off mode. AHAM 
stated that there is no test procedure for a convection microwave oven, 
and thus would object to combination microwave oven being a covered 
product for the standby mode and off mode test procedure because of the 
implications for active mode. According to AHAM, an active mode test 
procedure is likely to have inherent complexities and not considering 
active mode in the definition of covered products would only add to 
those

[[Page 12830]]

complexities. (AHAM, No. 19 at p. 2; AHAM, Public Meeting Transcript, 
No. 26 at pp. 26-27, 33-35; Whirlpool, Public Meeting Transcript, No. 
26 at p. 36)
    The California Utilities, the ACEEE/ASAP Comment, NEEA, and the 
Natural Resources Defense Council (NRDC) support DOE's definition of 
combination ovens and their inclusion as covered products. (California 
Utilities, No. 17 at p. 1; ACEEE/ASAP Comment, No. 20 at p. 1; NEEA, 
No. 16 at p. 2; NRDC, No. 21 at p. 1) According to the California 
Utilities, no test data or information has been provided to suggest 
that combination microwave ovens have additional standby or off mode 
operations or features that would require separate test procedures to 
measure these modes. The California Utilities and NEEA stated that 
combination ovens are a significant and growing share of the overall 
microwave oven market, and the California Utilities commented that 
significant energy savings may be achieved by setting energy 
conservation standards addressing standby mode and off mode energy use 
for these products. (California Utilities, No. 17 at p. 1; NEEA, No. 16 
at p. 2) ACEEE commented that test procedures should cover a broad 
range of products to support the energy conservation standards 
rulemaking process. (ACEEE, Public Meeting Transcript, No. 26 at pp. 
28-29) NRDC commented that it agreed with DOE's conclusion in the July 
2010 TP SNOPR that standby mode and off mode functions do not vary 
across the scope of covered products and so there is no justification 
for different standby mode and off mode test procedures. NRDC also 
stated that the covered products could be categorized as different 
product classes for the purposes of energy conservation standards or 
could be the subject of different active mode test procedures. (NRDC, 
No. 21 at p. 1)
    In further considering the definition of combination microwave 
oven, DOE reiterates, as stated in the October 2008 TP NOPR, that the 
proposal would exclude as a covered product the type of cooking 
appliance classified by DOE regulations as a microwave/conventional 
range, which has separate compartments or components consisting of a 
microwave oven, a conventional oven, and a conventional cooking top. 
Therefore, the proposal would exclude a free-standing range with 
microwave capability. However, DOE does not have information to suggest 
that a built-in oven, incorporating both radiant elements and microwave 
capability, is fundamentally different in cooking functions than a 
countertop or over-the-range cooking product incorporating similar 
heating components. DOE tests of combination microwave ovens included 
several built-in models, and DOE did not observe any different standby 
or off modes as compared to countertop and over-the-range models. 
Therefore, DOE believes a built-in combination microwave oven would be 
a covered product for the purposes of this test procedure. DOE based 
its analysis on products currently available on the market in the 
United States. DOE is unable to consider testing procedures for future 
products until it can review details of the technologies, control 
strategies, and operating modes of any such microwave ovens or 
combination microwave ovens.
    DOE further considered whether the definition of a combination 
microwave oven as a covered product hinges on which cooking mode (i.e., 
radiant heating or microwave energy) is primary. DOE is not aware of 
any cooking products with both microwave and radiant heating features 
which cannot be operated in microwave-only mode, nor does DOE have any 
information to determine consumer usage of microwave cooking as 
compared to other cooking modes for such products. Thus, DOE believes 
that all ovens equipped with microwave capability would be considered a 
covered product for today's interim final rule. DOE will evaluate any 
differences among microwave ovens and combination microwave ovens, 
including installation configurations and heating features that may 
warrant different product classes or energy conservation standards 
during its microwave oven standards rulemaking.
    DOE notes that defining a covered product for the purposes of 
measuring standby mode and off mode energy use does not require that 
active mode provisions be specified for that same product. When 
considering future active mode test procedure amendments, DOE will 
evaluate the suitability of separate provisions for combination 
microwave ovens to measure the energy performance of heating components 
other than the microwave portion.
    AHAM noted the difference between countertop and over-the-range 
microwaves, and stated it was not sure if the difference should be 
addressed in the test procedure or by the creation of separate product 
classes in the energy conservation standards rulemaking.
    Limited DOE testing of a small sample of over-the-range microwave 
ovens, as well as more extensive testing of a sample of over-the-range 
combination microwave ovens did not identify any different standby or 
off modes as compared to countertop microwave-only units. Thus, DOE 
determined that the measures it is adopting in today's interim final 
rule will provide representative measures of standby mode and off mode 
energy use in countertop and over-the-range configurations of microwave 
ovens and combination microwave ovens, and is not providing an 
exclusion for over-the-range units in the definition of covered 
products. Differences in energy use in these modes between countertop 
and over-the-range configurations would be evaluated as part of the 
energy conservation standards rulemaking addressing standby mode and 
off mode for microwave ovens.

B. Effective Date for the Test Procedure and Date on Which Use of the 
Test Procedure Would Be Required

    The effective date of the standby and off mode test procedures for 
microwave ovens is 30 days after the date of publication of today's 
interim final rule. However, DOE's amended test procedure regulations 
codified in the CFR clarify that the procedures and calculations 
adopted in today's interim final rule need not be performed to 
determine compliance with energy conservation standards, until 
compliance with any final rule establishing amended energy conservation 
standards for microwave ovens in standby mode and off mode is required. 
However, the standby mode and off mode energy consumption test 
procedures would need to be used by manufacturers for making any 
representations on standby and off mode power consumption. 
Specifically, clarification is provided that, as of 180 days after 
publication of today's interim final rule, any representations as to 
the standby mode and off mode energy consumption of the products that 
are the subject of this rulemaking would need to be based upon results 
generated under the applicable provisions of this test procedure. (42 
U.S.C. 6293(c)(2)) In addition, in order to ensure that the amended 
test procedure adequately addresses the EISA 2007 requirement to 
consider the most recent version of IEC Standard 62301, and recognizing 
that the IEC issued IEC Standard 62301 (Second Edition) in January of 
2011, DOE is issuing this microwave oven test procedure as an interim 
final rule and offering an additional 180-day comment period to 
consider whether any changes should be made to this interim final rule 
in light of publication of IEC Standard 62301 (Second Edition). DOE 
will consider these comments and, to the

[[Page 12831]]

extent necessary, publish a final rulemaking incorporating any changes.
    Whirlpool recommended a minimum 3-year lead time between the issue 
date of a final rule and the compliance date, stating that this time 
period is necessary to allow for adequate development, testing, and 
introduction of the new electronic controls that will likely be needed 
to meet the requirements. (Whirlpool, No. 18 at p. 5) Although 
Whirlpool did not specify in its comments whether the dates referred to 
corresponded to the test procedure or energy conservation standards 
rulemaking, DOE notes that the amended test procedure in today's 
interim final rule need not be performed by manufacturers until the 
compliance date of any amended energy conservation standards for 
microwave ovens addressing standby mode and off mode energy use.
    AHAM requested clarification regarding representations of energy 
use of a microwave oven model on the retail packaging. (AHAM, Public 
Meeting Transcript, No. 26 at pp. 59-61) As noted above, as of 180 days 
after publication of today's interim final rule, any representations as 
to the standby mode and off mode energy consumption of the products 
that are the subject of this rulemaking would need to be based upon 
results generated under the applicable provisions of this test 
procedure. Such representations include those made in writing, 
including on a label, and in any broadcast advertisement. (42 U.S.C. 
6293(c)(1)(B)) Because the provisions adopted in today's interim final 
rule address microwave oven standby mode and off mode energy use, and 
because DOE is not adopting measures addressing active mode energy use, 
representations as to active mode energy use (e.g., the wattage of the 
product in cooking mode) are not subject to the requirements of 42 
U.S.C. 6293(c)(2).

C. Measures of Energy Consumption

    Historically, DOE's microwave oven test procedure provided for the 
calculation of several measures of energy consumption, including 
cooking efficiency, energy factor (EF), and annual energy consumption, 
and DOE's rulemaking analyses have used EF as the energy conservation 
metric for microwave ovens.\5\
---------------------------------------------------------------------------

    \5\ DOE previously defined microwave oven EF in 10 CFR 
430.23(i)(2) as the ratio of (Annual Useful Cooking Energy Output/
Annual Total Energy Consumption), which was equivalent to microwave 
cooking efficiency (Test Energy Output/Test Energy Consumption).
---------------------------------------------------------------------------

    A number of interested parties provided input on the integration of 
standby and off mode test procedures in response to the October 2008 TP 
NOPR, in which DOE proposed separate metrics (average standby mode 
power (PSB) in watts (W) and average off mode power 
(POFF) in W, distinct from EF) to measure standby mode and 
off mode power given the measurement variability in the active mode 
test procedure and related concerns. 73 FR 62134, 62139 (Oct. 17, 
2008).
    DOE addressed the issues with the cooking efficiency measurement in 
the July 2010 TP Final Rule and notice announcing a public meeting to 
discuss the development of new active mode test procedure. 75 FR 42579 
(July 22, 2010) and 75 FR 42611 (July 22, 2010), respectively. DOE 
proposed only to establish the test procedure for microwave ovens to 
address standby mode and off mode energy consumption. 75 FR 42612, 
42618. However, DOE also requested consumer usage data on 
representative food loads, as well as data indicating how changes to 
the test load would affect the measured EF and on the repeatability of 
such test results for consideration in an active mode test procedure 
rulemaking. Id.
    NEEA commented that, although an energy efficiency descriptor for 
standby mode and/or off mode and a separate energy efficiency 
descriptor for active cooking mode for microwave ovens is acceptable, 
it is not strongly supportive of that approach. NEEA stated that it is 
not troubled by the possibility that standby energy use could reverse 
the efficiency rankings of some products if a combined active and 
standby mode energy use descriptor were used. According to NEEA, if 
standby energy use is a large fraction of a product's annual energy 
use, then the standby energy's weight in the calculation of an annual 
energy use descriptor should be relatively large. NEEA also stated that 
if cooking efficiency results are not meaningful for microwave ovens, 
then this issue should be addressed in the active mode test procedure 
and energy conservation standards rulemakings. However, NEEA further 
stated that the current microwave descriptor is an EF metric, and that 
the most appropriate measure of standby and off mode energy consumption 
is annual energy use. For this reason, NEEA commented that not 
combining these two measures of efficiency is the simplest way to 
proceed with the microwave oven test procedure rulemaking, and 
therefore, NEEA accepts DOE's proposal for separate metrics for active 
mode and standby and off mode energy use. (NEEA, No. 16 at pp. 1-2).
    AHAM, GE, and Whirlpool commented that they are unaware of any 
existing test procedures for measuring active mode energy consumption 
that are repeatable and reproducible. (AHAM, No. 19 at p. 6; AHAM, 
Public Meeting Transcript, No. 26 at pp. 58-59; GE, Public Meeting 
Transcript, No. 26 at p. 61; Whirlpool, No. 18 at p. 2) AHAM also 
stated that it is unaware of any existing test procedure that has 
successfully incorporated actual food loads, and if DOE decides to move 
forward with an active mode test procedure, it should collect data on 
food loads. Several interested parties provided comments on the methods 
by which active mode could be tested. (AHAM, No. 19 at p. 6; Whirlpool, 
No. 18 at p. 2; NRDC, No. 21 at pp. 1-2).
    DOE acknowledges these comments, and notes that the absence of 
active mode provisions results in a de facto separate energy use 
descriptor for microwave oven standby mode and off mode energy use. The 
consideration of active mode provisions, including a representative 
food load, is outside the scope of today's interim final rule, which is 
addressing only standby mode and off mode energy use. DOE determined it 
would not be feasible to develop such active mode provisions in a time 
frame that would allow it to consider an integrated metric for this 
rulemaking. DOE will consider these comments separately as part of an 
active mode test procedure rulemaking for microwave ovens, which DOE 
announced it was considering in the notice of public meeting published 
in the Federal Register on July 22, 2010. 75 FR 42611.

D. Incorporating by Reference IEC Standard 62301 (First Edition) for 
Measuring Standby Mode and Off Mode Power in Microwave Ovens

    EPCA, as amended by EISA 2007, requires that DOE consider the most 
current versions of IEC Standards 62301 and 62087 when amending test 
procedures to include standby mode and off mode energy consumption.\6\ 
(42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

    \6\ DOE reviewed IEC Standard 62087, which specifies methods of 
measurement for the power consumption of TV receivers, VCRs, set top 
boxes, audio equipment, and multi-function equipment for consumer 
use. IEC Standard 62087 does not, however, include measurement for 
the power consumption of electrical appliances such as microwave 
ovens. Therefore, DOE determined that IEC Standard 62087 was not 
suitable for the proposed amendments to the microwave oven test 
procedure for this rulemaking. 73 FR 62134, 62139 (Oct. 17, 2008).
---------------------------------------------------------------------------

    DOE noted in the October 2008 TP NOPR that IEC Standard 62301 
(First

[[Page 12832]]

Edition) provides for the measurement of standby power in electrical 
appliances, including microwave ovens, and thus, is applicable to the 
proposed amendments to the test procedure. 73 FR 62134, 62139-41 (Oct. 
17, 2008). The July 2010 TP SNOPR did not affect DOE's proposal of the 
clauses from sections 4 and 5 of IEC Standard 62301 (First Edition) 
(i.e., paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), and 5.3) identified in 
the October 2008 TP NOPR, but proposed to incorporate by reference an 
additional paragraph of IEC Standard 62301 (First Edition) in response 
to comments. 75 FR 42612, 42618-19.
    Specifically, DOE stated in the July 2010 TP SNOPR that 
incorporating paragraph 5.2, ``Selection and preparation of appliance 
or equipment,'' of IEC Standard 62301 (First Edition) provides 
clarification to the installation requirements for standby mode and off 
mode energy consumption testing. DOE also stated that paragraph 5.2 of 
IEC Standard 62301 (First Edition) provides additional guidance 
regarding specifications for test setup that would result in a measure 
of standby and off mode energy consumption that best replicates actual 
consumer usage. Therefore, DOE proposed in the July 2010 TP SNOPR to 
incorporate by reference paragraph 5.2 of IEC Standard 62301 (First 
Edition). 75 FR 42612, 42619.
    DOE also noted in the July 2010 TP SNOPR that paragraph 4.3 of IEC 
Standard 62301 (First Edition) specifies the electrical supply 
requirements, stating that ``where this standard is referenced by an 
external standard or regulation that specifies a test voltage and 
frequency, the test voltage and frequency so defined. Where the test 
voltage and frequency are not defined by an external standard, the test 
voltage and test frequency shall be * * *'' 115 volts (V)  
1 percent and 60 Hz  1 percent for North America. In 
addition, paragraph 4.3 of IEC Standard 62301 (First Edition) specifies 
that some single phase voltages can be double the nominal voltage 
specified for that region, which would result in a voltage requirement 
of 230V  1 percent for North America. DOE stated in the 
July 2010 TP SNOPR that it believes that the accuracy of the electrical 
supply, including voltage and frequency, specified in IEC Standard 
62301 (First Edition) are generally recognized as suitable for 
producing robust standby and off mode power measurements in microwave 
ovens. However, DOE conducted a product literature review to analyze 
the electrical supply requirements for microwave ovens available on the 
U.S. market and determined that all microwave ovens specify a rated 
voltage of 120V or 240V (for a small number of combination microwave 
ovens) and a frequency of 60 Hertz (Hz). For this reason, DOE proposed 
in the July 2010 TP SNOPR to specify electrical supply requirements of 
120/240 V  1 percent and 60 Hz  1 percent in 
section 2.2.1 of the DOE microwave oven test procedure. As noted in 
paragraph 4.3 of IEC Standard 62301 (First Edition), the proposed 
voltage requirement of 120/240 V for standby and off mode testing would 
supersede the requirement of 115/230 V specified in IEC Standard 62301 
(First Edition). 75 FR 42612, 42619.
    As discussed above in section III.A, because DOE tentatively 
concluded in the July 2010 TP SNOPR that the operation in standby and 
off mode is the same for microwave-only units, microwave ovens with 
thermal elements only, and combination microwave ovens, DOE proposed 
that the same test procedure amendments for standby and off mode 
testing discussed in this section be used for all of these product 
types. 75 FR 42612, 42620.
    DOE received comments from interested parties regarding the 
consideration of IEC Standard 62301 (First Edition) as the most current 
version according to the EPCA requirement. (42 U.S.C. 6295(gg)(2)(A)) 
NRDC supports the incorporation of IEC Standard 62301 (without 
specification of the version) into to the regulations and believes this 
version is adequate for measuring the standby mode and off mode power 
of microwave ovens. (NRDC, No. 21 at p. 2) NEEA stated that it supports 
DOE's use of the most current version of IEC Standard 62301 to the 
maximum extent possible, especially for definitions and measurement 
protocols. NEEA commented that it agrees that products that are sold 
into such a broad variety of international markets should be subject to 
consistent testing. NEEA also stated, however, that DOE does not make 
use of the guidance provided in the annexes in IEC Standard 62301, and 
that DOE should be as specific as possible in adopting or incorporating 
by reference sections of this IEC standard. (NEEA, No. 16 at p. 3)
    AHAM and Whirlpool stated that DOE should use the provisions from 
the then most recent draft version of IEC Standard 62301 (Second 
Edition)--IEC Standard 62301 (FDIS)--for optimum international 
harmonization and to decrease test burden. (AHAM, No. 19 at p. 3, 
Whirlpool, No. 18 at p. 3) According to AHAM, microwave oven 
manufacturers build these products for worldwide distribution, 
requiring that manufacturers have the ability to build one microwave 
for distribution everywhere. AHAM commented that, while it supports 
DOE's proposals regarding measurement of standby and off modes, DOE 
should reference IEC Standard 62301 (FDIS) instead of IEC Standard 
62301 (First Edition) or IEC Standard 62301 (CDV), and that IEC 
Standard 62301 (FDIS) would soon be publicly available and formally 
adopted by IEC. AHAM stated that the modes and the definitions in the 
CDV and in the FDIS are essentially the same, but that IEC Standard 
62301 (FDIS) contains many new sections that produce more accurate 
testing and measurements, including new or expanded sections on 
measurement of power uncertainty, crest factor, power measurement 
frequency response, sampling methods, average reading methods for non-
cyclic loads, and instrument measurement methods. AHAM stated that 
these provisions are critical for third-party testing and verification 
testing of the very small amounts of energy use in standby mode. 
According to AHAM, all other governmental bodies that consider IEC 
standards are able to reference an FDIS version in their regulations 
because only grammatical corrections can be made between the FDIS stage 
and the final version. AHAM noted that IEC Standard 62301 (FDIS) will 
have to go out to committee members for a vote, but having passed at 
the CDV stage, AHAM believes IEC Standard 62301 (FDIS) will garner the 
necessary number of votes to be issued. AHAM further stated that if DOE 
decides not to incorporate IEC Standard 62301 (FDIS) by reference, it 
should use its language in full. AHAM does not support incorporation by 
reference of IEC Standard 62301 (First Edition) combined with only some 
provisions from IEC Standard 62301 (CDV). AHAM commented that, for 
example, definitions from IEC Standard 62301 (CDV) do not have the same 
meaning when combined with provisions from IEC Standard 62301 (First 
Edition), and that definitions for network mode are not provided in IEC 
Standard 62301 (First Edition). Finally, AHAM stated that, if DOE 
chooses neither to incorporate the language of IEC Standard 62301 
(FDIS) by reference nor to use its language in full, DOE should 
incorporate by reference or use the full language of IEC Standard 62301 
(CDV). (AHAM, No. 19 at p. 3; AHAM, Public Meeting Transcript, No. 26 
at pp. 41-45, 47-49).
    IEC published the final version of IEC Standard 62301 (Second 
Edition) on January 27, 2011. Therefore, the second

[[Page 12833]]

edition is now available for DOE's consideration or incorporation by 
reference. DOE is aware that there are significant differences between 
IEC Standard 62301 (First Edition) and IEC Standard 62301 (FDIS), which 
was the latest draft version of IEC Standard 62301 (Second Edition) 
available during the drafting of this interim final rule. For example, 
IEC Standard 62301 (FDIS) clarifies certain provisions, such as the 
definition of ``standby mode'' and ``off mode'' to allow for the 
measurement of multiple standby power modes. DOE notes that other 
significant changes in the methodology were first introduced only at 
the IEC Standard 62301 (FDIS) stage. These changes have not been the 
subject of significant comment from interested parties, nor has DOE had 
the opportunity to conduct a thorough analysis of those provisions. 
Consequently, the merits of these latest changes have not been fully 
vetted to demonstrate that they are preferable to the existing 
methodological provisions in the current version of the IEC standard.
    For the reasons discussed in section III.E, DOE did narrowly 
consider the language from IEC Standard 62301 (FDIS) for mode 
definitions to address specific concerns raised by interested parties. 
Given the pending statutory deadline for issuance of a microwave oven 
standard and the recent adoption of IEC Standard 62301 (Second 
Edition), DOE has decided to base the test procedure amendments it is 
adopting in today's interim final rule (other than the mode 
definitions, which are discussed in section III.E) on the provisions of 
IEC Standard 62301 (First Edition), but to seek comment on the merits 
of adopting additional provisions of IEC Standard 62301 (Second 
Edition).
    As noted above, the July 2010 TP SNOPR proposed to incorporate by 
reference the clauses from sections 4 and 5 of IEC Standard 62301 
(First Edition) as proposed in the October 2008 TP NOPR, along with 
paragraph 5.2. 75 FR 42612, 42618-19. AHAM commented that it supports 
DOE's proposal to incorporate by reference the electrical supply 
requirements in paragraph 4.3 and the testing conditions in paragraph 
5.2 of IEC Standard 62301 (without specification of the version of this 
IEC standard). (AHAM, No. 19 at pp. 3-4; AHAM, Public Meeting 
Transcript, No. 26 at pp. 66, 71-73) AHAM further stated that, in 
accordance with paragraph 5.2 of IEC Standard 62301 (FDIS), the 
appliance should be tested at factory or ``default'' settings, and that 
where there are no indications for such setting, the appliance should 
be tested as shipped. (AHAM, No. 19 at p. 4) ACEEE and the California 
Utilities objected to the proposal to test standby power at the factory 
or ``default'' settings. ACEEE asserted that it would allow the 
potential for ``gaming,'' by which manufacturers could ship products 
with settings that use minimal power that consumers could easily switch 
out of and that therefore these settings would not be representative of 
typical use. The California Utilities recommended that DOE not 
incorporate paragraph 5.2 of IEC Standard 62301 because, according to 
them, there are no data indicating that factory default modes are 
uniform or typically used by consumers. ACEEE and the California 
Utilities stated that DOE should require products to be set up for 
testing with the settings that produce the highest standby power 
consumption, ensuring that products in the field do not consume more 
standby power than the tested value. (ACEEE/ASAP, No. 20 at p. 1; 
California Utilities, No. 17 at p. 2) NEEA stated that section 5.3.1 of 
IEC Standard 62301 is explicit with regard to getting a repeatable 
measurement of average power over an extended time period and minimum 
number of what NEEA termed as ``instability cycles,'' and that the 
procedures in section 5 and additional information in annexes A and B 
of IEC Standard 62301 would be adequate for testing microwave oven 
standby power, as well as that of most other products. NEEA 
acknowledged the occasional need for specific testing guidance. 
According to NEEA, DOE might require the highest display mode power 
setting to be used during standby measurement, and if DOE does this for 
one product type, it should impose the same requirement for most other 
products. In cases where there is only one display mode, NEEA stated 
that this is not an issue, but for products in which display brightness 
and metrics can be adjusted by the consumer for other than very short-
term use, the highest energy use mode should be tested. NEEA further 
stated that if these functions automatically revert to a lower power 
mode in a short time (i.e., less than one or two minutes), or the 
functions do not have a higher power consumption mode, then NEEA would 
support testing in ``as-shipped'' or ``normal'' mode. (NEEA, No. 16 at 
pp. 2-3)
    In response, DOE first clarifies that, although it inadvertently 
stated in the July 2010 TP SNOPR that it was proposing to incorporate 
by reference two additional clauses from IEC Standard 62301 (First 
Edition) as compared to the provisions it proposed to incorporate by 
reference in the October 2008 TP NOPR, it in fact only proposed 
regulatory language to additionally incorporate by reference paragraph 
5.2 in the July 2010 TP SNOPR along with the paragraphs proposed to be 
incorporated by reference in the October 2008 TP NOPR. In the July 2010 
TP SNOPR, DOE also considered incorporating by reference paragraph 4.3 
of IEC Standard 62301 (First Edition), but instead proposed voltage 
requirements that would supersede any requirements that would be 
imposed by the IEC Standard 62301 (First Edition) provisions. 75 FR 
42612, 42619-20.
    In considering testing conditions, DOE notes that its test 
procedures are developed to measure representative energy use for the 
typical consumer and cannot capture all possible consumer actions and 
appliance usage patterns that might increase energy use. For example, 
certain products featuring a display power-down may allow consumers to 
alter the display settings to increase the amount of time in the high-
power state, or to make the high-power state permanent. However, DOE 
believes in the absence of information indicating otherwise that the 
typical consumer will not alter the standard or default settings. DOE 
also did not receive data to support a determination that standby and 
off mode power measurements made at the highest power settings would be 
more representative of actual consumer use than measurements using the 
default settings. Thus, in today's interim final rule, DOE is 
incorporating by reference section 5.2 of IEC Standard 62301 (First 
Edition), with the stipulation that standby mode and off mode 
measurements be made using the ``default'' or ``as-shipped'' settings 
in the absence of specific manufacturer instructions.
    DOE did not receive comments on the suitability of incorporating in 
its microwave oven test procedure the other specific paragraphs for 
testing conditions and methods from IEC Standard 62301 (First Edition) 
that were proposed in the July 2010 TP SNOPR. In the absence of any 
comments objecting to those specific paragraphs, and for the reasons 
discussed above relating to the current version of IEC Standard 62301, 
DOE is adopting in today's interim final rule the provisions from IEC 
Standard 62301 (First Edition) that were proposed in the July 2010 TP 
SNOPR (i.e., paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), and 5.3), along 
with paragraph 5.2 of IEC Standard 62301 (First Edition).

[[Page 12834]]

E. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off Mode''

    DOE proposed using the EPCA definitions of ``active mode,'' 
``standby mode,'' and ``off mode'' in 42 U.S.C. 6295(gg)(1)(A) in the 
October 2008 TP NOPR. As discussed in the October 2008 TP NOPR, DOE 
considers ``main functions'' for a microwave oven to be those 
operations in which the magnetron and/or thermal element is energized 
for at least a portion of the time for purposes of heating, cooking, 
defrosting the load, or some combination of these. 73 FR 62134, 62141 
(Oct. 17, 2008). DOE noted that a microwave oven with a continuously 
energized display or cooking sensor, or a microwave oven that 
automatically powers down certain energy-consuming components after a 
cooking cycle and waits to detect an event to trigger re-energization 
of these components, would be considered capable of operation in 
standby mode but not off mode because activation of the higher-power 
state would be achieved by means of an internal sensor. DOE 
additionally clarified whether the presence of a manual power on-off 
switch would be considered to potentially put the microwave oven in 
standby mode or off mode. DOE noted that if the microwave oven is 
equipped with a manual power on-off switch, which completely cuts off 
power to the appliance (i.e., removes or interrupts all connections to 
the main power source, in the same manner as unplugging the appliance), 
the microwave oven would not be in the ``off mode'' when the switch is 
in the ``off'' position. Id.
    DOE stated in the July 2010 TP SNOPR that it believes the 
definitions of standby mode, off mode, and active mode provided in IEC 
Standard 62301 (CDV), which at that time was the latest draft version, 
expand upon the EPCA mode definitions and provide additional guidance 
as to what functions are associated with each mode. DOE also stated 
that the comments received by IEC on IEC Standard 62301 (CD2), and the 
resulting amended mode definitions proposed in IEC Standard 62301 
(CDV), demonstrate significant participation of interested parties in 
the development of the best possible definitions. For these reasons, 
DOE proposed definitions of standby mode, off mode, and active mode 
based on the definitions provided in IEC Standard 62301 (CDV) in the 
July 2010 TP SNOPR. DOE stated that it believes that the mode 
definitions in the draft versions of IEC Standard 62301 (Second 
Edition) represent a substantial improvement over those in IEC Standard 
62301 (First Edition), and represent the best available definitions at 
this time as confirmed by the review and inputs from interested parties 
as part of the IEC rulemaking process. DOE also stated in the July 2010 
TP SNOPR that it believes that the proposed definitions of standby, 
off, and active mode would be applied to microwave-only units, 
microwave ovens with only thermal elements, and combination microwave 
ovens. 75 FR 42612, 42620-21.
    DOE proposed in the July 2010 TP SNOPR to define ``standby mode'' 
as the condition in which an energy-using product is connected to a 
mains power source and offers one or more of the following user 
oriented or protective functions which may persist for an indefinite 
time: \7\ A remote switch (including a remote control), internal 
sensor, or timer to facilitate the activation of other modes (including 
activation or deactivation of active mode); and continuous functions, 
including information or status displays (including clocks) or sensor-
based functions. 75 FR 42612, 42621.
---------------------------------------------------------------------------

    \7\ The actual language for the standby mode definition in IEC 
Standard 62301 CDV describes ``* * * user oriented or protective 
functions which usually persist'' rather than ``* * * user oriented 
or protective functions which may persist for an indefinite time.'' 
DOE notes, however, that section 5.1 of IEC Standard 62301 CDV 
states that ``a mode is considered persistent where the power level 
is constant or where there are several power levels that occur in a 
regular sequence for an indefinite period of time.'' DOE believes 
that the proposed language, which was originally included in IEC 
Standard 62301 CD2, encompasses the possible scenarios foreseen by 
section 5.1 of IEC Standard 62301 CDV without unnecessary 
specificity.
---------------------------------------------------------------------------

    DOE proposed in the July 2010 TP SNOPR an additional clarification 
for standby mode that continuous clock functions include a timer that 
operates continuously, provides regular scheduled tasks (e.g. 
switching), and may or may not be associated with a display. This 
definition was developed based on the definitions provided in IEC 
Standard 62301 (CDV), and expands upon the EPCA mode definitions to 
provide additional clarifications as to which functions are associated 
with each mode. Under this definition of standby mode, remote controls 
and low voltage power supplies for controls, switches, memories, and 
clocks would be considered as operating in standby mode. Id.
    DOE proposed in the July 2010 TP SNOPR to define off mode as the 
condition in which the energy-using product is connected to a mains 
power source, is not providing any active or standby mode function, and 
may persist for an indefinite time.\8\ Off mode would also include an 
indicator that shows the user only that the product is in the off 
position. Under this proposed definition, an energized LED or other 
indication that shows the user only that the product is in the off 
position would be considered part of off mode, provided that no other 
standby or active mode functions are energized. However, if any energy 
is consumed by the appliance in the presence of a one-way remote 
control, the unit would be considered to be operating in standby mode 
because the remote control would be used to deactivate other mode(s). 
Electrical leakage and any energy consumed for electrical noise 
reduction, which are not specifically categorized as standby power 
functions, would be indicative of off mode. 75 FR 42612, 42622.
---------------------------------------------------------------------------

    \8\ As with the definition for standby mode, IEC Standard 62301 
CDV qualifies off mode as one that ``* * * usually persists'', 
rather than one that ``* * * may persist for an indefinite time.'' 
For the same reasons as discussed for standby mode, DOE is proposing 
the latter definition. In addition, the off mode definition in IEC 
Standard 62301 states it is not providing a network mode function. 
Since DOE is unaware of any microwave oven that incorporates a 
network function, such as reactivation via network command or 
network integrity communication, it is not proposing to include this 
language in the definition of off mode in today's SNOPR.
---------------------------------------------------------------------------

    As part of the July 2010 TP SNOPR, DOE examined the issue of how to 
classify a microwave oven that is plugged into the main power supply 
but is not consuming energy due to the presence of an on/off switch. 
DOE first reviewed the discussion provided in annex A of IEC Standard 
62301 (CDV) and according to section A.2, disconnected mode is included 
as a mode definition because many products are removed by users from 
mains power sources for substantial periods of time. DOE interprets 
this condition to refer to the power cord being unplugged from the 
power source. Section A.2 further states that ``[a] product may have 
several off modes or it may have no off mode. Switches on products that 
are labeled as power, on/off, or standby may not reflect the mode 
classification based on the actual functions active in that mode.'' 
Although this statement does not definitively establish a means by 
which to treat the presence of a power or on/off switch, DOE infers it 
to mean that products equipped with such switches can operate in off or 
standby mode(s) depending on what components may remain energized with 
the switch in the ``off'' position. However, the discussion is silent 
on whether activation of an on/off switch can place the product in 
disconnected mode. Considering the entirety of section A.2 in total, 
DOE concluded in the July 2010 TP SNOPR that the

[[Page 12835]]

disconnected mode for microwave ovens would be associated only with the 
removal of the power cord from the power source. Based on this review 
and acknowledging that classification of an on/off switch as operating 
in off mode in the absence of other energy use associated with standby 
mode would encourage manufacturers to provide such an energy-saving 
feature, DOE revised its determination proposed in the October 2008 TP 
NOPR and tentatively concluded in the July 2010 TP SNOPR that zero 
energy consumption due to activation of an on/off switch would be 
indicative of off mode rather than a disconnected mode. Id.
    In response to interested parties' question of whether testing 
would be required for a device with off mode capability even though 
there is no reporting requirement or standard, DOE noted, in the July 
2010 TP SNOPR, that any representations as to the standby and off mode 
energy consumption for microwave ovens would need to be based upon 
results generated under the applicable provisions of the test procedure 
that is the subject of this rulemaking. 75 FR 42612, 42622-23.
    Finally, DOE proposed in the July 2010 TP SNOPR to define active 
mode as the condition in which the energy-using product ``is connected 
to a mains power source, has been activated, and provides one or more 
main functions,'' with the additional clarification that ``delay start 
mode is a ``one-off'', user-initiated, short-duration function that is 
associated with an active mode.'' DOE noted that IEC Standard 62301 
(CD2) provided additional clarification that ``delay start mode is a 
one off user initiated short duration function that is associated with 
an active mode.'' IEC Standard 62301 (CDV) eliminated this 
clarification. In response to comments on IEC Standard 62301 (CD2) that 
led to IEC Standard 62301 (CDV), IEC stated, however, that delay start 
mode is a ``one-off'' function of limited duration, which suggests that 
IEC does not consider it as part of standby mode although no conclusion 
is made as to whether it would be considered part of active mode. 75 FR 
42612, 42623.
    DOE tentatively proposed in the July 2010 TP SNOPR to consider 
delay start mode as part of active mode because it is a condition of 
finite duration that is user-initiated and uniquely associated with a 
cooking cycle. DOE determined that cooking or warming food would be 
considered active mode functions as well.
    DOE also noted that section 3.9 of IEC Standard 62301 (CDV) defines 
disconnected mode as ``the status in which all connections to mains 
power sources of the energy using product are removed or interrupted.'' 
IEC Standard 62301 (CDV) also adds a note that common terms such as 
``unplugged'' or ``cut off from mains'' also describe this mode and 
that this mode is not part of the low power mode category. DOE stated 
in the July 2010 TP SNOPR that it believes that there would be no 
energy use in a ``disconnected mode,'' and therefore did not propose a 
definition or testing methods for such a mode in the DOE test procedure 
for microwave ovens. Id.
    The California Utilities and NRDC support DOE's proposal to adopt 
the definitions of active, standby, and off modes from IEC Standard 
62301 (CDV). (California Utilities, No. 17 at p. 2; NRDC, No. 21 at p. 
2) AHAM commented that the mode definitions in IEC Standard 62301 (CDV) 
and IEC Standard 62301 (FDIS) are not going to vary. AHAM initially 
stated that DOE should move forward using the definitions that are in 
IEC Standard 62301 (CDV), but later clarified its statements to 
recommend that DOE reference IEC Standard 62301 (FDIS) for the mode 
definitions. Whirlpool also stated that DOE should adopt mode 
definitions from IEC Standard 62301 (FDIS). (AHAM, No. 19 at p. 4; 
AHAM, Public Meeting Transcript, No. 26 at p. 45; Whirlpool, No. 18 at 
p. 3)
    DOE has reviewed IEC Standard 62301 (FDIS) and anticipates that the 
newly finalized IEC Standard 62301 (Second Edition) defines the various 
modes differently than IEC Standard 62301 (First Edition). IEC Standard 
62301 (FDIS) incorporates responses to comments from multiple national 
committees from member countries on several previous draft versions, 
and thus, DOE believes it provides the best available mode definitions. 
DOE has decided to consider the substance of the new operational mode 
definitions from the draft version IEC Standard 62301 (FDIS). DOE notes 
that the mode definitions in IEC Standard 62301 (FDIS) are 
substantively similar to those in the previous draft version (IEC 
Standard 62301 (CDV)), which were the subject of extensive comments 
from interested parties, both as noted above and during recent DOE test 
procedure rulemakings addressing standby mode and off mode energy use 
in other products (i.e., clothes dryers and room air conditioners). In 
those instances, interested parties indicated general support for 
adopting the mode definitions provided in IEC Standard 62301 (CDV). Due 
to the effective equivalence of the mode definitions in IEC Standard 
62301 (CDV) and IEC Standard 62301 (FDIS), DOE believes the public 
comment support expressed for the mode definitions in IEC Standard 
62301 (CDV) would extend to those in IEC Standard 62301 (FDIS).
    AHAM commented that the definition of ``standby mode'' should 
include a requirement that all products will default to the product's 
standby mode as delivered from the factory. According to AHAM and 
Whirlpool, products may have provisions for the consumer to add or 
delete product functions that alter the as-shipped energy mode. AHAM 
stated that the power consumption in these user-selected modes may 
exceed the power consumption in the lowest power-consumption mode, and 
that the consumer must be informed as to how to make these selections 
and that their selection(s) would override the lowest power-consumption 
mode. (AHAM, No. 19 at p. 4; Whirlpool, No. 18 at p. 3) DOE notes that 
design and labeling requirements are outside the scope of this test 
procedure rulemaking, thus DOE is not adopting, in today's interim 
final rule, any measures specifying the default operation or provisions 
regarding consumer information, although potential design requirements 
may be considered in the microwave oven energy conservation standards 
rulemaking addressing standby mode and off mode energy use. DOE is, 
however, addressing the settings for standby mode and off mode testing 
in section III.F of today's interim final rule.
    Whirlpool requested clarification on whether the use of an ``Energy 
Save'' pushbutton to enter a lower consumption state (such as by 
turning off a clock) is consistent with the definition of standby mode 
proposed by DOE, as allowed by the IEC Standard 62301 (FDIS) 
definition. Whirlpool stated it prefers harmonization wherever 
practicable. Whirlpool also questioned whether the switch to standby 
power could be automatic. (Whirlpool, No. 18 at p. 3) DOE agrees that 
such a pushbutton would be considered an internal sensor that would 
activate this lower consumption state, which could be considered either 
another standby mode or an off mode, depending on the components 
energized. As noted above, DOE is not addressing design requirements as 
part of this test procedure rulemaking. DOE will consider any such 
requirements for standby mode and off mode energy use as part of its 
energy conservation standards rulemaking for microwave ovens.
    Whirlpool and AHAM commented that they do not support the inclusion 
of power consumed by one-way remote controls in the definition of 
standby

[[Page 12836]]

mode. (Whirlpool, No. 18 at p. 4; AHAM, No. 19 at p. 5) According to 
AHAM, although EPCA defines standby mode to include activation by 
remote control, one-way remotes do not meet the intent of the statute. 
AHAM and Whirlpool stated that a standard remote, when it powers a 
product ``off'', actually powers the product down, not off, such that 
it can be turned on again via remote control, and therefore would be 
classified as consuming standby power. AHAM and Whirlpool contrasted 
that with a one-way remote that turns the product completely off such 
that it cannot be turned on again through the use of the remote. Thus, 
AHAM commented that a one-way remote does not put the product into 
standby mode and should not be incorporated into standby mode. AHAM 
noted that there are few, if any, one-way remotes in the United States, 
but AHAM stated that including one-way remotes as part of off mode 
rather than standby mode would encourage manufacturers to design 
products with them and could result in decreased energy use. (AHAM, No. 
19 at p. 5; Whirlpool, No. 18 at p. 4)
    DOE notes that the definition of standby mode proposed in the July 
2010 TP SNOPR states that standby mode includes user-oriented or 
protective functions to facilitate the activation of other modes 
(including activation or deactivation of active mode) by remote switch 
(including remote control), internal sensor, or timer. DOE believes 
that if the product is consuming energy to power an infrared sensor 
used to receive signals from a remote control (while not operating in 
the active mode), such a function would be considered part of standby 
mode, regardless of whether the remote is classified as ``one-way'' or 
``two-way,'' because of the function to facilitate the deactivation of 
another mode by remote switch (including remote control), internal 
sensor, or timer. However, if a ``one-way'' remote control powers the 
product down, including turning off any infrared sensors to receive 
signals from a remote control, then the product would be operating in 
the off mode when it is powered down, given that no other standby mode 
functions within the product are energized.
    AHAM also commented that DOE should consider additional provisions 
from paragraph 3.1 of IEC Standard 62301 (FDIS) that define functions 
broadly, within which the specific modes are defined. AHAM stated that 
such additional references are necessary to provide context for the 
mode definitions. (AHAM, Public Meeting Transcript, No. 26 at pp. 70-
71) Paragraph 3.1 of IEC Standard 62301 (FDIS) defines a function as a 
predetermined operation undertaken by the energy-using product, and 
would be classified as: (1) A user-oriented secondary function (standby 
mode); (2) a network-related secondary function (network mode); (3) a 
primary function (active mode); and (4) other functions. DOE believes 
that the definitions of standby mode, off mode, and active mode in IEC 
Standard 62301 (FDIS) sufficiently describe all states of operation 
which are covered under the EPCA requirements in 42 U.S.C. 6295(gg). As 
discussed later in this section, DOE is not adopting provisions to 
measure energy use in network mode. Thus, DOE is not adopting language 
in today's interim final rule from paragraph 3.1 of IEC Standard 62301 
(FDIS).
    DOE received several comments on the definition of off mode and the 
conditions under which a microwave oven would be considered to be in 
disconnected mode. The California Utilities agreed with DOE's proposal 
that the disconnected mode for microwave ovens would be associated only 
with the removal of the power cord from the power source, and that zero 
energy consumption due to the activation of an on-off switch would be 
indicative of off mode rather than a disconnected mode. (California 
Utilities, No. 17 at p. 2) Whirlpool supported DOE's proposed 
definition of off mode. (Whirlpool, No. 18 at p. 3) GE questioned 
whether DOE was aware of any studies or information on a 240 volt 
microwave oven with multiple energy feeds but one on-off switch in the 
circuitry. (GE, Public Meeting Transcript, No. 26 at p. 83) DOE is not 
aware of such information, but believes that the provisions it is 
adopting today for measuring standby mode and off mode energy use would 
be applicable to a 240 volt microwave oven, regardless of any action of 
an on-off switch. If, with the switch in the ``off'' position, any 
components as described in the definition of standby mode were 
energized, the microwave oven would be considered to be operating in 
standby mode.
    AHAM commented that it agrees with DOE's proposal that delay start 
mode should not be considered standby mode, and should instead be 
considered active mode. AHAM noted that the European Union (EU) also 
considers delay start mode part of active mode in its regulations. 
(AHAM, No. 19 at p. 5; AHAM, Public Meeting Transcript, No. 26 at p. 
82)
    After considering the most current version of IEC Standard 62301 
(i.e., the First Edition) and the draft version of IEC Standard 62301 
(i.e., FDIS), DOE has concluded that the definitions of ``standby 
mode,'' ``off mode,'' and ``active mode'' provided in IEC Standard 
62301 (FDIS) are the most useful, in that they expand upon the EPCA 
mode definitions and provide additional guidance as to which functions 
are associated with each mode. Therefore, DOE is adopting definitions 
of ``standby mode,'' ``off mode,'' and ``active mode'' based on the 
definitions provided in IEC Standard 62301 (FDIS), as follows:
     ``Standby mode'' means the product mode where the 
microwave oven is connected to a mains power source and offers one or 
more of the following user-oriented or protective functions which 
usually persist:
     To facilitate the activation of other modes (including 
activation or deactivation of active mode) by remote switch (including 
remote control), internal sensor, or timer;
     Continuous function: information or status displays 
including clocks or sensor-based functions.
    DOE is also adopting in its amendments to the test procedure the 
clarification, provided as a note accompanying the definition of 
standby mode in IEC Standard 62301 (FDIS), that a timer is a continuous 
clock function (which may or may not be associated with a display) that 
provides regular scheduled tasks (e.g. switching) and that operates on 
a continuous basis.
     ``Off mode'' means a product mode where the microwave oven 
is connected to a mains power source and is not providing any standby 
mode or active mode function and where the mode usually persists. An 
indicator that only shows the user that the product is in the off 
position is included within the classification of off mode.
    DOE notes that the definition of off mode in IEC Standard 62301 
(FDIS) also includes the qualification that it is not providing any 
network mode function. However, for the reasons discussed below DOE is 
not including a definition of network mode in the amended microwave 
oven test procedure, DOE did not include reference to network mode in 
the definition of off mode for today's interim final rule.
     ``Active mode(s)'' means a product mode where the energy-
using product is connected to a mains power source and at least one 
primary function is activated.
    Multiple interested parties submitted comments on the possibility 
of defining an additional ``network mode''. The California Utilities, 
NEEA, and the ACEEE/ASAP Comment commented that DOE should adopt a 
definition of network mode in the microwave oven

[[Page 12837]]

test procedure, (California Utilities, No. 17 at p. 2; NEEA, No. 16 at 
p. 2; ACEEE/ASAP Comment, No. 20 at p. 2) AHAM stated that, although 
there are not a sufficient number of products currently available on 
the market from which to gather data regarding network mode, DOE should 
define a network mode even if it cannot be measured, because leaving it 
out would hinder manufacturers' development of products with network 
mode capabilities in the future. In the event DOE decides to address 
network mode at that time, AHAM stated it would not support including 
network mode in standby or off mode. According to AHAM, network mode 
and the energy use associated with ``smart'' appliances should be 
treated as a distinct energy use that enhances electrical grid system 
efficiencies that save energy and reduce carbon emissions. (AHAM, No. 
19 at p. 5; AHAM, Public Meeting Transcript, No. 26 at pp. 73-76) The 
California Utilities stated that manufacturers have noted that they are 
developing products with networking capability, and that DOE should 
include the IEC standard definition of network mode in the microwave 
oven test procedure. The California Utilities also commented that DOE 
should collect test data from manufacturers of network-equipped 
products and develop a test procedure that measures energy use in this 
mode consistently and appropriately. (California Utilities, No. 17 at 
p. 2) The ACEEE/ASAP Comment expressed concern that, without provisions 
in the microwave oven test procedure for network mode, manufacturers 
could develop products that are always in network mode and therefore 
could be considered to have no standby power consumption. The ACEEE/
ASAP Comment also stated that energy use in network mode could be 
significant. (ACEEE/ASAP Comment, No. 20 at p. 2) NEEA stated that it 
was unlikely to be Congress' intent to exclude network mode when 
mandating DOE to establish test procedures and standards for standby 
mode and off mode energy use for a broad array of products. According 
to NEEA, even though very few products may have this mode or function 
built in (or operating) presently, there is no reason to leave this 
mode out in the test procedure rulemaking, especially since it would be 
straightforward to include based on the IEC Standard 62301 approach. 
NEEA commented that if a network mode microprocessor in a home 
appliance functions as it does in a number of other products, it will 
spend almost all of its time in its own standby mode and almost no time 
in its active mode, placing network mode energy use in the same 
category as a clock or control circuit energy use. NEEA further 
commented that it is likely that the network mode processor(s) could 
significantly increase the standby energy use of many products, 
warranting its inclusion in the microwave oven test procedure. (NEEA, 
No. 16 at p. 2)
    NRDC and Whirlpool do not support including a definition of network 
mode in the microwave oven test procedure at this time. NRDC stated 
that it is unaware of what network mode would entail for a microwave 
oven and that it is skeptical of its potential benefits. According to 
NRDC, microwave ovens are a convenience product that consumers 
generally want to use at a certain time when they want food heated 
quickly. Thus, NRDC stated, it is unlikely that the active mode 
function would be able to be delayed by a network mode function. NRDC 
further noted that network mode could be used to power down displays 
and other standby functions, but questioned whether this function would 
be accomplished by occupancy sensors or automatic power-down after a 
certain period of user inactivity. NRDC requested more data on network 
mode functions and potential benefits in microwave ovens. (NRDC, No. 21 
at p. 2) Whirlpool stated that, although network mode will become vital 
with the future development of ``Smart Grid'' appliances, such products 
do not exist today outside of development laboratories. Whirlpool 
commented that DOE should retain this mode as separate and distinct 
from other modes, but that DOE should not adopt standards or test 
procedures for network mode until manufacturers have sufficient 
quantities of Smart Grid models in production to support comprehensive 
testing and measurement. (Whirlpool, No. 18 at p. 4)
    Section 3.7 of IEC Standard 62301 (FDIS) also defines ``network 
mode'' as a mode category that includes ``any product modes where the 
energy using product is connected to a mains power source and at least 
one network function is activated (such as reactivation via network 
command or network integrity communication), but where the primary 
function is not active.'' Section 3.7 of IEC Standard 62301 (FDIS) also 
provides a note, stating that ``[w]here a network function is provided 
but is not active and/or not connected to a network, then this mode is 
not applicable. A network function could become active intermittently 
according to a fixed schedule or in response to a network requirement. 
A `network' in this context includes communication between two or more 
separate independently powered devices or products. A network does not 
include one or more controls which are dedicated to a single product. 
Network mode may include one or more standby functions.''
    DOE notes that, in the absence of data on the operation and 
functionality of network mode, it is unable to define appropriate 
testing conditions and procedures for accurately measuring the energy 
use of microwave ovens capable of functioning in network mode. This 
lack of data also prevents DOE from evaluating how these products will 
develop in the future. Also, because DOE does not have sufficient data 
on the operation and functionality of network mode, it is not making a 
determination as to whether network mode would be included as part of 
standby or active mode. DOE may consider amendments to the microwave 
oven test procedure when products capable of functioning in network 
mode are in production and commercially available. At that time, 
comprehensive analysis can determine appropriate testing conditions and 
procedures for accurately measuring network mode and energy use.

F. Specifications for the Test Methods and Measurements for Microwave 
Oven Standby Mode and Off Mode Testing

    DOE noted in the October 2008 TP NOPR that, because IEC Standard 
62301 (First Edition) is written to provide a certain degree of 
flexibility so that the test standard can be used to measure standby 
mode and off mode power for most household electrical appliances 
(including microwave ovens), it does not specify the test method for 
measuring the power consumption in cases in which the measured power is 
not stable. Section 5.3.2 of IEC Standard 62301 (First Edition) states 
that ``[i]f the power varies over a cycle (i.e., a regular sequence of 
power states that occur over several minutes or hours), the period 
selected to average power or accumulate energy shall be one or more 
complete cycles in order to get a representative average value.'' 73 FR 
62134, 62141 (Oct. 17, 2008). For the October 2008 TP NOPR, DOE 
investigated the possible regular sequences of power states for 
microwave ovens in order to propose clarifying language to IEC Standard 
62301 (First Edition) that would provide accurate and repeatable test 
measurements. DOE's testing of standby power led it to propose the test 
period in cases in which the power is not stable

[[Page 12838]]

as ``a 12-hour  30-second period'' to assure comparable and 
valid results. Id.
    As part of the July 2010 TP SNOPR, DOE investigated test methods to 
determine standby power over a shorter period than 12 hours. DOE first 
considered representing the average standby power over a 12-hour cycle 
by calculating a weighted average of power measurements at 18 different 
clock display times. This approach was discussed in detail in appendix 
5B of the November 2007 ANOPR technical support document (TSD). Using 
this method, the standby power consumption and line voltage are 
measured as the clock is cycled through all the possible digit 
combinations (in terms of active elements) and then a regression 
analysis is performed to quantify the impact of the number of lit 
elements (by digit) and voltage on power consumption. The results were 
then integrated across the number of minutes that each active element 
combination is ``on'' through the course of the 12 hours. As noted in 
chapter 5 of the November 2007 ANOPR TSD, the results for average 
standby power consumption using the methodology described above 
produced results that were within 1 to 2 percent of the 12-hour test 
results. 75 FR 42612, 42624.
    For the July 2010 TP SNOPR, DOE also investigated whether a single 
10-minute measurement period with a starting clock time of 3:33 would 
be a reasonable proxy for the 12-hour standby power measurement in the 
event that power consumption is not stable. DOE analysis indicates that 
the proportion of time that each possible number of segments in a 7-
segment LED display that are lit over the 10-minute time period from 
3:33 to 3:42 is representative of the distribution of lit segments over 
a 12-hour period with an arbitrary starting time and would produce 
average standby power measurements comparable to those taken over 12 
hours. Table 1 shows the comparison of average standby power measured 
for 11 units in DOE's microwave oven test sample using the 18-point, 
and 10-minute methodologies as compared to the 12-hour test. Id.

                                     Table 1--Comparison of Methodologies for Measuring Microwave Oven Standby Power
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              12-Hour             18-Point method                10-Minute method
                                                                              method     ---------------------------------------------------------------
                 Test unit                          Display type         ----------------
                                                                           Standby watts   Standby watts      Percent      Standby watts      Percent
                                                                                 *               *          difference           *          difference
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.........................................  LCD.........................           1.567           1.552           -0.99           1.592            1.60
2.........................................  LCD.........................           1.571           1.560           -0.70           1.554           -1.08
3.........................................  LCD.........................           1.812           1.812            0.03           1.801           -0.61
4.........................................  LCD.........................           1.490           1.475           -0.96           1.492            0.17
5.........................................  LCD.........................           1.859           1.847           -0.60           1.874            0.84
6.........................................  LCD.........................           3.788           3.798            0.26           3.818            0.81
7.........................................  LCD.........................           3.641           3.642            0.04           3.606           -0.95
8.........................................  LED.........................           1.802           1.796           -0.35           1.797           -0.32
9.........................................  LED.........................           1.825           1.820           -0.25           1.816           -0.47
10........................................  LED.........................           3.185           3.177           -0.27           3.290         ** 3.28
11........................................  VFD.........................           5.600           5.611            0.20           5.607            0.13
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Standby power measurements are scaled to normalize the supply power to 120.0 volts.
** For this test, the supply power was significantly higher than 120.0 volts. Therefore, DOE believes the scaling of the measured standby power and thus
  the percentage difference from the 12-hour standby power measurement are not valid.

    Within DOE's limited test sample, the average standby power 
measured over the specified 10-minute test period agrees within 2 percent with average standby power measured over 12 hours. 
Therefore, DOE tentatively concluded in the July 2010 TP SNOPR that a 
10-minute measurement period with a starting time of 3:33 provides a 
valid measure of standby energy use for those microwave ovens with 
power consumption varying according to the time displayed on the clock. 
DOE proposed in the July 2010 TP SNOPR to specify that, for microwave 
ovens for which standby power consumption is not stable, the clock 
display shall be set at 3:33 at the conclusion of the stabilization 
period and the test period shall be 10 minutes. Id.
    DOE noted in the July 2010 TP SNOPR that both the 18-point and 10-
minute approaches for accelerated standby testing offer the possibility 
that a microwave oven could be programmed to alter its behavior when 
such a test is detected in order to minimize measured standby power 
consumption. For example, a microwave oven could be programmed to turn 
off its cooking sensors and/or dim its display only during the display 
times associated with the 18 measurement points or between display 
times 3:33 and 3:42. 75 FR 42612, 42624-25.
    DOE stated in the July 2010 TP SNOPR that the microwave oven test 
procedure is designed to provide a measurement representative of 
average consumer use of the product, even if the test conditions and 
procedures may not be identical to average consumer use (for example, 
specified display times). DOE's proposal reflected the statutory 
requirement, and the Department's longstanding view, that the overall 
objective of the test procedure is to measure the product's energy 
consumption during a representative average use cycle or period of use. 
42 U.S.C. 6293(b)(3). Further, the test procedure requires specific 
conditions during testing that are designed to ensure repeatability 
while avoiding excessive testing burdens. Although certain test 
conditions specified in the test procedure may deviate from 
representative use, such deviations are carefully designed and 
circumscribed in order to attain an overall calculated measurement of 
the energy consumption during representative use. Thus, it is--and has 
always been--DOE's view that products should not be designed such that 
the energy consumption drops during test condition settings in ways 
that would bias the overall measurement to make it unrepresentative of 
average consumer use. DOE proposed in the July 2010 TP SNOPR to address 
this issue through this test procedure and related certification 
requirements. Accordingly, DOE's proposed language both (1) made 
explicit in the regulatory text the Department's long held 
interpretation that the purpose of the test procedure is to measure 
representative use and (2) proposed a specific mechanism--the waiver 
process--as a mandatory requirement for all products for which

[[Page 12839]]

the test procedure would not properly capture the energy consumption 
during representative use. The language did not identify specific 
product characteristics that could make the test procedure unsuitable 
for testing certain products (e.g. modification of operation based on 
display time) but rather described such characteristics generally, in 
order to assure that the language can apply to any potential features 
that would yield measurements unrepresentative of the product's energy 
consumption during a representative use cycle.
    AHAM commented that DOE's proposal should be clarified to state 
that the test is to be started when the display is at its lowest power 
consumption mode. (AHAM, No. 19 at p. 5) Initially, AHAM suggested that 
the clock display should be set 5 or 10 minutes earlier than 3:33, then 
wait until the display time reaches 3:33 to start the test period. 
According to AHAM, this would allow the clock display, which may get 
brighter when the time is set, to dim and thus reach its low power 
state before the standby power measurement is made. AHAM stated that 
this approach would be more representative of actual consumer use. 
(AHAM, Public Meeting Transcript, No. 26 at pp. 91-93) AHAM clarified 
its comments to state that the stabilization period should be 
conditions-based, meaning the clock display would be set to 3:33 minus 
whatever time it takes for that product to reach its stabilization 
period. According to AHAM, such an approach would allow each 
manufacturer to determine the amount of time to subtract with minimal 
additional test burden, and would produce the most repeatable and 
reproducible results. AHAM noted that the topic of test stabilization 
periods is covered in IEC Standard 62301 (FDIS) section 5.3.1 on 
sampling methods. That section of IEC Standard 62301 (FDIS) is 
specifically meant to deal with the issue of noncyclical loads or 
activities where the power is not stable over a period of time. (AHAM, 
No. 19 at pp. 5-6; AHAM, Public Meeting Transcript, No. 26 at pp. 94-
95) Whirlpool commented that it supports a standby power test cycle 
which after a period of stabilization, begins at a clock display time 
of 3:33 and extends for 10 minutes. Whirlpool further suggested 
allowing a 30-minute stabilization period by setting the clock display 
at 3:03 and initiating the test measurement 30 minutes later (at 3:33), 
then measuring energy consumption for the 10-minute period. (Whirlpool, 
No. 18 at p. 4) In addition, AHAM and Whirlpool stated that controls 
which sense the test procedure and behave differently under those 
circumstances are not consistent with the intent of the test procedure. 
According to Whirlpool, such controls should either not be allowed or 
should require a waiver under which such different behavior is offset. 
AHAM and Whirlpool requested that, in the event that waivers are 
sought, DOE should develop a more expedient means of addressing and 
issuing waivers, as the current process is too long and cumbersome. 
AHAM further stated that the length of the waiver process delays time 
to market. (AHAM, No. 19 at p. 6; AHAM, Public Meeting Transcript, No. 
26 at pp. 97-98; Whirlpool, No. 18 at p. 4)
    The California Utilities commented that it supports the proposed 
clarification to the test procedure in which DOE specifies a test 
period of 10 minutes with an initial clock display time of 3:33 for 
microwave ovens. However, it asked DOE to require this 10-minute test 
procedure for all microwave ovens, irrespective of whether the standby 
power consumption is stable. According to the California Utilities, DOE 
has not clearly defined what constitutes an ``unstable'' standby power 
consumption. The California Utilities stated that, to ensure testing 
and reporting consistency, and in the absence of test data, DOE should 
require a test cycle of 10 minutes for all microwave ovens. The 
California Utilities asserted that this clarification that all products 
be tested for 10 minutes would not substantially add to manufacturer 
test burden. (California Utilities, No. 17 at pp. 2-3)
    NRDC stated that it prefers the 12-hour test cycle methodology, but 
is open to considering the use of the 10-minute method, as it produces 
results that are accurate within 2 percent and provides a significantly 
smaller testing burden for manufacturers. NRDC expressed concern that 
the 10-minute method does not account for how quickly a microwave oven 
reaches the ``stabilized'' standby state, and that the term 
``stabilization period'' is not well defined and needs to be further 
clarified. NRDC further commented that, if the 10-minute method is 
used, a maximum time should be allowed for stabilization, to encourage 
products to reach their lowest power mode quickly. NRDC also stated 
that it was concerned that, despite the waiver process proposed by DOE, 
the 10-minute method is inherently more vulnerable to gaming than the 
12-hour test cycle. NRDC did not provide suggestions on what measures 
beyond the proposed waiver could be instated to prevent gaming, but it 
stated that the concern about potential gaming is secondary to the 
stabilization concern, and that NRDC would support the 10-minute method 
as long as the stabilization period is addressed. (NRDC, No. 21 at p. 
2)
    Section 5.3.1 of IEC Standard 62301 (First Edition) states that, a 
mode is stable if the measured power varies less than 5 percent over a 
minimum 5-minute period, after which the power is measured after an 
additional period of at least 5 minutes. Thus, these provisions would 
require a total test time of at least 10 minutes. Therefore, DOE 
believes it is clear what constitutes the test for whether the standby 
power consumption is stable or unstable.
    Upon review of comments from interested parties, DOE concludes that 
a 12-hour test requirement would represent a significant burden to 
manufacturers, and that the alternative 10-minute method would minimize 
additional test burden. DOE agrees, however, that certain microwave 
oven displays may enter a higher-power state for a short period after 
the display time is set, after which the power may drop to a lower 
level that is more representative of actual use. Thus, DOE determined 
that the display time should be set in advance of the time required at 
the start of the measurement period, and that a stabilization period in 
the interim would allow the microwave oven to enter a lower-power state 
prior to the standby power measurement. DOE does not believe, however, 
that allowing the manufacturers to individually determine the 
stabilization period, would optimize the accuracy and repeatability of 
the test procedure. Based on DOE's testing, which showed that all 
microwave ovens in its test sample dropped to the lower power state in 
less than 10 minutes and the fact that a stabilization period of 30 
minutes would effectively double the total test time, DOE believes that 
a requirement to set the display time to 3:23 and allowing a 10-minute 
stabilization period prior to a 10-minute measurement period would best 
balance the need for reproducibility of the test procedure with the 
burden placed on manufacturers.
    DOE notes that the microwave oven test procedure is designed to 
provide an energy efficiency measurement consistent with representative 
average consumer use of these products, even if the test conditions 
and/or procedures may not themselves all be representative of average 
consumer use (e.g., testing with a display of only 3:33 to 3:42). DOE's 
amendments reflect the statutory requirement, and the Department's 
longstanding view, that the overall objective of the test procedure is 
to

[[Page 12840]]

measure the product's energy consumption during a representative 
average use cycle or period of use. (42 U.S.C. 6293(b)(3)) Further, the 
test procedure requires specific conditions during testing that are 
designed to ensure repeatability while avoiding excessive testing 
burdens. Although certain test conditions specified in the test 
procedure may deviate from representative use, such deviations are 
carefully designed and circumscribed in order to attain an overall 
calculated measurement of the energy consumption during representative 
use. Thus, it is--and has always been--DOE's view that products should 
not be designed such that the energy consumption drops during test 
condition settings in ways that would bias the overall measurement, 
thereby making it unrepresentative of average consumer use. If a 
manufacturer incorporates a power-saving mode as part of the 
appliance's routine operation, DOE's test procedure would produce a 
representative measure of average consumer use if the unit powered down 
during the 10-minute test period for the same percentage of time that 
such powering down would be expected to occur during a typical 12-hour 
period, and thus, such operation would be permissible. It has been the 
Department's long-held interpretation that the purpose of the test 
procedure is to measure representative use. Ultimately, if DOE 
identifies a broad pattern of behavior which has the effect of 
circumventing its test procedure provisions, the Department may 
consider reopening the microwave oven test procedure for further 
rulemaking. DOE also notes it has made improvements in its response 
time to waiver requests, and will continue to strive for increased 
efficiency in this regard.

G. Other Issues

    DOE proposed in the October 2008 TP NOPR to change the value of a 
conversion factor used in the microwave oven active mode calculations 
to correct an erroneous value. 73 FR 62134, 62141-42 (Oct. 17, 2008). 
As noted in the July 2010 TP SNOPR (75 FR 42612, 42625), the active 
mode provisions were removed from the microwave oven test procedure in 
the July 2010 TP Final Rule. Thus, the need for the technical 
correction is obviated and no such amendments are adopted in today's 
interim final rule.

H. Compliance With Other EPCA Requirements

    Section 323(b)(3) of EPCA requires that test procedures shall be 
reasonably designed to produce test results which measure energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use. 
Test procedures must also not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)).
    DOE stated in the October 2008 TP NOPR that it believed that the 
incorporation of clauses regarding test conditions and methods in IEC 
Standard 62301 (First Edition), along with the modifications described 
above, would satisfy this requirement. DOE also noted that the proposed 
amendments to the DOE test procedure incorporate a test standard that 
is widely used and accepted internationally to measure power use in 
standby mode and off mode. Based on DOE testing and analysis of IEC 
Standard 62301 (First Edition), DOE determined in the October 2008 TP 
NOPR that the proposed amendments to the microwave oven test procedure 
produce standby mode and off mode average power consumption 
measurements that represent an average use cycle both for cases in 
which the measured power is stable, as well as for when the measured 
power is unstable (i.e., varies over a cycle). DOE also stated that 
because the test methods and equipment that the amendments would 
require for measuring standby power in microwave ovens do not differ 
substantially from the test methods and equipment required under the 
previous test procedure, manufacturers would not be required to make a 
major investment in test facilities and new equipment. For these 
reasons, DOE concluded in the October 2008 TP NOPR that the amended 
test procedure would produce test results that measure the power 
consumption of a covered product during a representative average use 
cycle as well as annual energy consumption, and that the test procedure 
would not be unduly burdensome to conduct. 73 FR 62134, 62142 (Oct. 17, 
2008).
    Additionally, for reasons similar to those stated above, DOE stated 
in the July 2010 TP SNOPR that the proposed amendments to measure the 
standby and off mode power consumption of microwave ovens would not 
require manufacturers to make major investments in test facilities and 
new equipment, and would not be unduly burdensome to conduct. DOE 
proposed a significantly shorter test duration than the 12 hours that 
was proposed in the October 2008 TP NOPR--a 5-minute stabilization 
period and a 5-minute or 10-minute test time, depending on whether the 
standby power consumption is stable. DOE stated in the July 2010 TP 
SNOPR that it believes that the number of units to be tested, according 
to the sampling requirements in 10 CFR 430.24(i), is reasonable and, 
along with the shorter test duration, would not substantially add to 
manufacturer test burden and would allow manufacturers that conduct 
quality assurance testing on the production line to continue to do so. 
75 FR 42612, 42625.
    DOE received comments on manufacturer test burden as discussed 
above in section III.F, and has determined that, although the test 
duration is slightly longer than that proposed in the July 2010 TP 
SNOPR because the initial stabilization period is 10 minutes rather 
than 5 minutes, the methodology adopted in today's interim final rule 
is otherwise largely similar and will not be unduly burdensome for 
manufacturers. DOE also continues to believe that the provisions to 
measure standby mode and off mode energy use would not require 
manufacturers to make major investments in test facilities and new 
equipment.

IV. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003 to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE's procedures 
and policies may be viewed on the Office of the General Counsel's Web 
site (http://www.gc.doe.gov). DOE reviewed today's interim final rule 
under the provisions of the Regulatory

[[Page 12841]]

Flexibility Act and the procedures and policies published on February 
19, 2003.
    In conducting this review, DOE first determined the potential 
number of affected small entities. The Small Business Administration 
(SBA) considers an entity to be a small business if, together with its 
affiliates, it employs fewer than the threshold number of workers 
specified in 13 CFR part 121 according to the North American Industry 
Classification System (NAICS) codes. The SBA's Table of Size Standards 
is available at: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. The threshold number for NAICS 
classification 335221, Household Cooking Appliance Manufacturers, which 
includes microwave oven manufacturers, is 750 employees. DOE surveyed 
the AHAM member directory to identify manufacturers of microwave ovens. 
In addition, as part of the appliance standards rulemaking, DOE asked 
interested parties and AHAM representatives within the microwave oven 
industry if they were aware of any small business manufacturers. DOE 
consulted publicly available data, purchased company reports from 
sources such as Dun & Bradstreet, and contacted manufacturers, where 
needed, to determine if they meet the SBA's definition of a small 
business manufacturing facility and have their manufacturing facilities 
located within the United States. Based on this analysis, DOE 
understands that only multinational companies with more than 750 
employees, and their wholly owned subsidiaries, exist in this industry. 
As a result, DOE does not expect any small businesses to be impacted by 
the interim final rule.
    For these reasons, DOE concludes that the interim final rule would 
not have a significant economic impact on a substantial number of small 
entities, and has sent a certification to this effect to the SBA. 
Accordingly, DOE has not prepared a regulatory flexibility analysis for 
this rulemaking.

C. Review Under the Paperwork Reduction Act of 1995

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 1910-1400. Public reporting burden for compliance 
reporting for energy and water conservation standards is estimated to 
average 30 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate--or any other aspect of this data collection, including 
suggestions for reducing the burden--to DOE (see ADDRESSES) or by e-
mail to Christine_J._Kymn@omb.eop.gov.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this interim final rule, DOE is adopting test procedure 
amendments that it expects will be used to develop and implement future 
energy conservation standards for microwave ovens. DOE has determined 
that this rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, this rule amends an existing rule without 
changing its environmental effect and, therefore, is covered by the 
Categorical Exclusion in 10 CFR part 1021, subpart D, paragraph A5. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 4, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States, and to carefully 
assess the necessity for such actions. The Executive Order also 
requires agencies to have an accountable process to ensure meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have Federalism implications. On March 14, 
2000, DOE published a statement of policy describing the 
intergovernmental consultation process that it will follow in 
developing such regulations. 65 FR 13735. DOE examined this interim 
final rule and determined that it would not preempt State law and would 
not have a substantial direct effect on the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government. EPCA 
governs and prescribes Federal preemption of State regulations as to 
the test procedures that are the subject of today's interim final rule. 
States can petition DOE for a waiver of such preemption to the extent, 
and based on criteria, set forth in EPCA. (42 U.S.C. 6297) Executive 
Order 13132 requires no further action.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) other important 
issues affecting clarity and general draftsmanship under any guidelines 
issued by the Attorney General. Section 3(c) of Executive Order 12988 
requires Executive agencies to review regulations in light of 
applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this interim final rule meets the relevant standards 
of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. For a regulatory action likely to result in a rule that 
may cause the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector of $100 million or more in any 
one year

[[Page 12842]]

(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish estimates of the resulting costs, benefits, 
and other effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA 
also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate.'' 
UMRA requires an agency plan for giving notice and opportunity for 
timely input to potentially affected small governments before 
establishing any requirements that might significantly or uniquely 
affect such governments. On March 18, 1997, DOE published a statement 
of policy on its process for intergovernmental consultation under UMRA. 
62 FR 12820. (The policy is also available at http://www.gc.doe.gov.) 
Today's interim final rule contains neither an intergovernmental 
mandate nor a mandate that may result in an expenditure of $100 million 
or more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's interim final rule would have no impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's rule and concluded that it is consistent with 
applicable policies in the OMB and DOE guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
a Statement of Energy Effects for any significant energy action. The 
definition of a ``significant energy action'' is any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. Today's regulatory action is not 
a significant regulatory action under Executive Order 12866. Moreover, 
it would not have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of OIRA also did not 
designate the interim final rule as a significant energy action. 
Therefore, it is not a significant energy action. Accordingly, DOE has 
not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the DOE Organization Act (Pub. L. 95-91), DOE 
must comply with section 32 of the Federal Energy Administration Act of 
1974 (Pub. L. 93-275), as amended by the Federal Energy Administration 
Authorization Act of 1977 (FEAA; Pub. L. 95-70) (15 U.S.C. 788). 
Section 32 essentially provides that, where a rule authorizes or 
requires use of commercial standards, the rulemaking must inform the 
public of the use and background of such standards. In addition, 
section 32(c) requires DOE to consult with the Attorney General and the 
Chairman of the Federal Trade Commission (FTC) concerning the impact of 
the commercial or industry standards on competition.
    The interim final rule incorporates testing methods contained in 
sections 4 and 5 (paragraphs 4.2, 4.4, 4.5, 5.1 (Note 1), 5.2, and 5.3) 
of the commercial standard, IEC Standard 62301 (First Edition). DOE has 
evaluated this standard and is unable to conclude whether it fully 
complies with the requirements of section 32(b) of the FEAA, i.e., 
whether it was developed in a manner that fully provides for public 
participation, comment, and review. DOE will consult with the Attorney 
General and the Chairman of the FTC about the impact on competition of 
using the methods contained in this standard and will address any 
concerns when it publishes a response to the public comments on this 
interim final rule.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 801(2).

V. Public Participation

    DOE will accept comments, data, and information regarding the 
interim final rule no later than the date provided in the DATES section 
at the beginning of this rule. Interested parties may submit comments 
using any of the methods described in the ADDRESSES section at the 
beginning of this rule.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is

[[Page 12843]]

restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section 
below.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via e-mail, hand delivery, or mail. Comments 
and documents submitted via e-mail, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, e-
mail address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. Email submissions are 
preferred. If you submit via mail or hand delivery, please provide all 
items on a CD, if feasible. It is not necessary to submit printed 
copies. No facsimiles (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and are free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
e-mail, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via e-mail or on a CD, if feasible. DOE will 
make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's interim 
final rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental Relations, Small 
businesses.

    Issued in Washington, DC, on February 23, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, part 430 of chapter II of 
title 10, Code of Federal Regulations, is amended as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by revising the definition for ``Microwave 
oven'' to read as follows:
* * * * *
    Microwave oven means a class of kitchen ranges and ovens comprised 
of household cooking appliances consisting of a compartment designed to 
cook or heat food by means of microwave energy, including microwave 
ovens with or without thermal elements designed for surface browning of 
food and combination ovens.
* * * * *

Sec.  430.3  [Amended]

0
3. Section 430.3 is amended in paragraph (l)(1) by adding the words 
``Appendix I,'' after the words ``Appendix F,''.

0
4. Section 430.23 is amended by adding paragraph (i)(13) to read as 
follows:

Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (i) * * *
    (13) The energy test procedure is designed to provide a measurement 
representative of average consumer use of the product, even if the test 
conditions and procedures may not be identical to average consumer use 
(for example, specified display times). If a product contains energy 
consuming components that operate differently during the prescribed 
testing than they would during representative average consumer use, and 
applying the prescribed test to that product would evaluate it in a 
manner that is unrepresentative of its true energy consumption (thereby 
providing materially inaccurate comparative data), the prescribed 
procedure may not be used. For example, the energy use of a component 
in a product (such as display wattage) may not vary predictably as a 
function of operating conditions or control inputs--such as when a 
display is automatically dimmed when test conditions or test settings 
are reached. A manufacturer wishing to test such a product must obtain 
a waiver in accordance with the relevant provisions of 10 CFR part 430.
* * * * *

[[Page 12844]]

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5. Appendix I to Subpart B of Part 430 is amended:
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a. By adding a note after the heading;
0
b. By revising section 1. Definitions;
0
c. In section 2. Test Conditions, by:
0
i. Revising sections 2.2.1, 2.5, and 2.6;
0
ii. Adding new sections 2.1.3, 2.2.1.1, 2.2.1.2, 2.5.1, 2.5.2, and 
2.9.1.3; and
0
d. In section 3. Test Methods and Measurements, by:
0
1. Revising sections 3.1.1, 3.1.1.1, and 3.1.2; and
0
2. Adding new sections 3.1.3, 3.1.3.1, 3.2.3, and 3.3.13.
    The additions and revisions read as follows:

Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Conventional Ranges, Conventional Cooking 
Tops, Conventional Ovens, and Microwave Ovens

    Note:  The procedures and calculations in this Appendix need not 
be performed to determine compliance with energy conservation 
standards for conventional ranges, conventional cooking tops, 
conventional ovens, and microwave ovens at this time. However, any 
representation related to standby mode and off mode energy 
consumption of these products made after September 6, 2011 must be 
based upon results generated under this test procedure, consistent 
with the requirements of 42 U.S.C. 6293(c)(2). After July 1, 2010, 
however, when DOE adopts an energy conservation standard that 
incorporates standby mode and off mode energy consumption, and upon 
the compliance date for such standards, compliance with the 
applicable provisions of this test procedure will also be required. 
Future revisions may add relevant provisions for measuring active 
mode in microwave ovens.

* * * * *

1. Definitions

    1.1 Active mode means a mode in which a conventional cooking 
top, conventional oven, conventional range, or microwave oven is 
connected to a mains power source, has been activated, and is 
performing the main function of producing heat by means of a gas 
flame, electric resistance heating, or microwave energy. Delay start 
mode is a one off user-initiated short duration function that is 
associated with an active mode.
    1.2 Built-in means the product is supported by surrounding 
cabinetry, walls, or other similar structures.
    1.3 Drop-in means the product is supported by horizontal surface 
cabinetry.
    1.4 Forced convection means a mode of conventional oven 
operation in which a fan is used to circulate the heated air within 
the oven compartment during cooking.
    1.5 Freestanding means the product is not supported by 
surrounding cabinetry, walls, or other similar structures.
    1.6 IEC 62301 refers to the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 (first edition June 2005). (incorporated by reference, see 
Sec.  430.3)
    1.7 Normal nonoperating temperature means the temperature of all 
areas of an appliance to be tested are within 5 [deg]F (2.8 [deg]C) 
of the temperature that the identical areas of the same basic model 
of the appliance would attain if it remained in the test room for 24 
hours while not operating with all oven doors closed and with any 
gas pilot lights on and adjusted in accordance with manufacturer's 
instructions.
    1.8 Off mode means a mode in which a conventional cooking top, 
conventional oven, conventional range, or microwave oven is 
connected to a mains power source and is not providing any active 
mode or standby mode function and where the mode may persist for an 
indefinite time. An indicator that only shows the user that the 
product is in the off position is included within the classification 
of an off mode.
    1.9 Primary energy consumption means either the electrical 
energy consumption of a conventional electric oven or the gas energy 
consumption of a conventional gas oven.
    1.10 Secondary energy consumption means any electrical energy 
consumption, other than clock energy consumption, of a conventional 
gas oven.
    1.11 Standard cubic foot (L) of gas means that quantity of gas 
that occupies 1 cubic foot (L) when saturated with water vapor at a 
temperature of 60 [deg]F (15.6 [deg]C) and a pressure of 30 inches 
of mercury (101.6 kPa) (density of mercury equals 13.595 grams per 
cubic centimeter).
    1.12 Standby mode means any mode in which a conventional cooking 
top, conventional oven, conventional range, or microwave oven is 
connected to a mains power source and offers one or more of the 
following user-oriented or protective functions which may persist 
for an indefinite time: (a) To facilitate the activation of other 
modes (including activation or deactivation of active mode) by 
remote switch (including remote control), internal sensor, or timer; 
(b) continuous functions, including information or status displays 
(including clocks) or sensor-based functions. A timer is a 
continuous clock function (which may or may not be associated with a 
display) that allows for regularly scheduled tasks and that operates 
on a continuous basis.
    1.13 Thermocouple means a device consisting of two dissimilar 
metals which are joined together and, with their associated wires, 
are used to measure temperature by means of electromotive force.
    1.14 Symbol usage. The following identity relationships are 
provided to help clarify the symbology used throughout this 
procedure.

A--Number of Hours in a Year
B--Number of Hours Pilot Light Contributes to Cooking
C--Specific Heat
E--Energy Consumed
Eff--Cooking Efficiency
H--Heating Value of Gas
K--Conversion for Watt-hours to Kilowatt-hours
Ke--3.412 Btu/Wh, Conversion for Watt-hours to Btu's
M--Mass
n--Number of Units
O--Annual Useful Cooking Energy Output
P--Power
Q--Gas Flow Rate
R--Energy Factor, Ratio of Useful Cooking Energy Output to Total 
Energy Input
S--Number of Self-Cleaning Operations per Year
T--Temperature
t--Time
V--Volume of Gas Consumed
W--Weight of Test Block

2. Test Conditions

* * * * *
    2.1.3 Microwave ovens. Install the microwave oven in accordance 
with the manufacturer's instructions and connect to an electrical 
supply circuit with voltage as specified in section 2.2.1. The 
microwave oven shall also be installed in accordance with Section 5, 
Paragraph 5.2 of IEC 62301 (incorporated by reference; see Sec.  
430.3). A watt meter shall be installed in the circuit and shall be 
as described in section 2.9.1.3.
* * * * *
    2.2.1 Electrical supply.
    2.2.1.1 Voltage. Maintain the electrical supply to the 
conventional range, conventional cooking top, and conventional oven 
being tested at 240/120 volts except that basic models rated only at 
208/120 volts shall be tested at that rating. Maintain the voltage 
within 2 percent of the above specified voltages. For microwave oven 
testing, maintain the electrical supply to the microwave oven at 
120/240 volts and 60 hertz. For conventional range, conventional 
cooking top, and conventional oven standby mode and off mode 
testing, maintain the electrical supply frequency at 60 hertz  1 percent. Maintain the electrical supply for microwave oven 
testing within 1 percent of the specified voltage and frequency.
    2.2.1.2 Supply voltage waveform. For the standby mode and off 
mode testing, maintain the electrical supply voltage waveform as 
indicated in Section 4, Paragraph 4.4 of IEC 62301 (incorporated by 
reference; see Sec.  430.3).
* * * * *
    2.5 Ambient room air temperature.
    2.5.1 Active mode ambient room air temperature. During the 
active mode test, maintain an ambient room air temperature, 
TR, of 77 [deg]  9 [deg]F (25 [deg]  5 [deg]C) for conventional ovens and cooking tops, as 
measured at least 5 feet (1.5 m) and not more than 8 feet (2.4 m) 
from the nearest surface of the unit under test and approximately 3 
feet (0.9 m) above the floor. The temperature shall be measured with 
a thermometer or temperature indicating system with an accuracy as 
specified in section 2.9.3.1.
    2.5.2 Standby mode and off mode ambient temperature. For standby 
mode and off mode testing, maintain room ambient air temperature 
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301 
(incorporated by reference; see Sec.  430.3).
    2.6 Normal nonoperating temperature. All areas of the appliance 
to be tested shall attain the normal nonoperating temperature, as 
defined in section 1.7, before any testing begins. The equipment for 
measuring the

[[Page 12845]]

applicable normal nonoperating temperature shall be as described in 
sections 2.9.3.1, 2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable.
* * * * *
    2.9.1.3 Standby mode and off mode watt meter. The watt meter 
used to measure standby mode and off mode shall have a resolution as 
specified in Section 4, Paragraph 4.5 of IEC 62301 (incorporated by 
reference; see Sec.  430.3). The watt meter shall also be able to 
record a ``true'' average power as specified in Section 5, Paragraph 
5.3.2(a) of IEC 62301.
* * * * *

3. Test Methods and Measurements

    3.1. Test methods.
    3.1.1 Conventional oven. Perform a test by establishing the 
testing conditions set forth in section 2, ``TEST CONDITIONS,'' of 
this Appendix, and adjust any pilot lights of a conventional gas 
oven in accordance with the manufacturer's instructions and turn off 
the gas flow to the conventional cooking top, if so equipped. Before 
beginning the test, the conventional oven shall be at its normal 
nonoperating temperature as defined in section 1.7 and described in 
section 2.6. Set the conventional oven test block W1 
approximately in the center of the usable baking space. If there is 
a selector switch for selecting the mode of operation of the oven, 
set it for normal baking. If an oven permits baking by either forced 
convection by using a fan, or without forced convection, the oven is 
to be tested in each of those two modes. The oven shall remain on 
for at least one complete thermostat ``cut-off/cut-on'' of the 
electrical resistance heaters or gas burners after the test block 
temperature has increased 234 [deg]F (130 [deg]C) above its initial 
temperature.
    3.1.1.1 Self-cleaning operation of a conventional oven. 
Establish the test conditions set forth in section 2, ``TEST 
CONDITIONS,'' of this Appendix. Adjust any pilot lights of a 
conventional gas oven in accordance with the manufacturer's 
instructions and turn off the gas flow to the conventional cooking 
top. The temperature of the conventional oven shall be its normal 
nonoperating temperature as defined in section 1.7 and described in 
section 2.6. Then set the conventional oven's self-cleaning process 
in accordance with the manufacturer's instructions. If the self-
cleaning process is adjustable, use the average time recommended by 
the manufacturer for a moderately soiled oven.
* * * * *
    3.1.2 Conventional cooking top. Establish the test conditions 
set forth in section 2, ``TEST CONDITIONS,'' of this Appendix. 
Adjust any pilot lights of a conventional gas cooking top in 
accordance with the manufacturer's instructions and turn off the gas 
flow to the conventional oven(s), if so equipped. The temperature of 
the conventional cooking top shall be its normal nonoperating 
temperature as defined in section 1.7 and described in section 2.6. 
Set the test block in the center of the surface unit under test. The 
small test block, W2, shall be used on electric surface 
units of 7 inches (178 mm) or less in diameter. The large test 
block, W3, shall be used on electric surface units over 7 
inches (177.8 mm) in diameter and on all gas surface units. Turn on 
the surface unit under test and set its energy input rate to the 
maximum setting. When the test block reaches 144 [deg]F (80 [deg]C) 
above its initial test block temperature, immediately reduce the 
energy input rate to 25  5 percent of the maximum energy 
input rate. After 15  0.1 minutes at the reduced energy 
setting, turn off the surface unit under test.
* * * * *
    3.1.3 Microwave oven.
    3.1.3.1 Microwave oven test standby mode and off mode power. 
Establish the testing conditions set forth in section 2, ``TEST 
CONDITIONS,'' of this Appendix. For microwave ovens that drop from a 
higher power state to a lower power state as discussed in Section 5, 
Paragraph 5.1, Note 1 of IEC 62301 (incorporated by reference; see 
section 430.3), allow sufficient time for the microwave oven to 
reach the lower power state before proceeding with the test 
measurement. Follow the test procedure as specified in Section 5, 
Paragraph 5.3 of IEC 62301. For units in which power varies as a 
function of displayed time in standby mode, set the clock time to 
3:23 and use the average power approach described in Section 5, 
Paragraph 5.3.2(a), but with a single test period of 10 minutes +0/-
2 sec after an additional stabilization period until the clock time 
reaches 3:33. If a microwave oven is capable of operation in either 
standby mode or off mode, as defined in sections 1.12 and 1.8, 
respectively, or both, test the microwave oven in each mode in which 
it can operate.
* * * * *
    3.2.3 Microwave oven test standby mode and off mode power. Make 
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301 
(incorporated by reference; see Sec.  430.3). If the microwave oven 
is capable of operating in standby mode, measure the average standby 
mode power of the microwave oven, PSB, in watts as 
specified in section 3.1.3.1. If the microwave oven is capable of 
operating in off mode, measure the average off mode power of the 
microwave oven, POFF, as specified in section 3.1.3.1.
* * * * *
    3.3.13 Record the average standby mode power, PSB, 
for the microwave oven standby mode, as determined in section 3.2.3 
for a microwave oven capable of operating in standby mode. Record 
the average off mode power, POFF, for the microwave oven 
off mode power test, as determined in section 3.2.3 for a microwave 
oven capable of operating in off mode.
* * * * *
[FR Doc. 2011-5044 Filed 3-8-11; 8:45 am]
BILLING CODE 6450-01-P
```