```

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4015-4026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00917]

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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules 
and Regulations

[[Page 4015]]

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

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

Energy Conservation Program: Test Procedures for Microwave Ovens

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On November 23, 2011, the U.S. Department of Energy (DOE) 
issued a supplemental notice of proposed rulemaking (SNOPR) to amend 
the test procedures for microwave ovens. That SNOPR proposed amendments 
to the DOE test procedure to incorporate provisions from the 
International Electrotechnical Commission (IEC) Standard 62301, 
``Household electrical appliances--Measurement of standby power,'' 
Edition 2.0 2011-01 (IEC Standard 62301 (Second Edition)). DOE 
published a second SNOPR on May 16, 2012, proposing additional 
provisions for measuring the standby mode and off mode energy use of 
products that combine a microwave oven with other appliance 
functionality, as well as minor technical clarifications. Those 
proposed rulemakings serve as the basis for today's action. DOE is 
issuing a final rule amending the DOE test procedure to incorporate by 
reference the proposed provisions from IEC Standard 62301 (Second 
Edition) and the technical clarifications. DOE is not amending the test 
procedure at this time to measure the energy consumption of products 
that combine microwave ovens with other appliance functionality, but 
may consider such amendments in a future rulemaking.

DATES: The effective date of this rule is February 19, 2013. The final 
rule changes will be mandatory for representations of the energy 
efficiency of microwave ovens starting July 17, 2013.
    The incorporation by reference of a publication listed in this rule 
was approved by the Director of the Federal Register on December 17, 
2012.

ADDRESSES: The docket is available for review at regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
regulations.gov index. However, not all documents listed in the index 
may be publicly available, such as information that is exempt from 
public disclosure.
    A link to the docket web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=25;po=0;D=EERE-
2008-BT-TP-0011. This web page will contain a link to the docket for 
this notice on the regulations.gov site. The regulations.gov Web page 
will contain simple instructions on how to access all documents, 
including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 586-6590. Email: 
Ashley.Armstrong@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. Telephone: (202) 287-6307. Email: ari.altman@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Summary of the 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 Will Be Required
    C. Incorporation of IEC Standard 62301 (Second Edition)
    D. Definitions of ``Active Mode,'' ``Standby Mode,'' and ``Off 
Mode''
    E. Specifications for the Test Methods and Measurements for 
Microwave Oven Standby Mode and Off Mode Testing
    F. Technical Clarifications
    G. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Certification Requirements
IV. Procedural Issues and Regulatory Review
    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 Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the Energy Independence 
and Security Act of 2007 (EISA 2007), Public Law 110-140 (Dec. 19, 
2007)). Part B of title III, which for editorial reasons was 
redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C. 
6291-6309), establishes the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' These include microwave ovens, the 
subject of today's notice. (42 U.S.C. 6291(1)-(2) and 6292(a)(10))
    Under EPCA, this program consists essentially of four parts: (1) 
Testing, (2) labeling, (3) Federal energy conservation standards, and 
(4) certification and enforcement procedures. The testing requirements 
consist of test procedures that manufacturers of covered products must 
use (1) as the basis for certifying to DOE that their products comply 
with the applicable energy conservation standards adopted under EPCA, 
and (2) for making representations about the

[[Page 4016]]

efficiency of those products. Similarly, DOE must use these test 
requirements to determine whether the products comply with any relevant 
standards promulgated under EPCA.

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides that any test procedures prescribed or 
amended under this section shall be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and shall not be unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    EISA 2007 amended EPCA to require DOE to amend its test procedures 
for all covered products to integrate measures of standby mode and off 
mode energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. If an 
integrated test procedure is technically infeasible, DOE must prescribe 
a separate standby mode and off mode energy use test procedure for the 
covered product, if a separate test is technically feasible. (42 U.S.C. 
6295(gg)(2)(A)) Any such amendment must consider the most current 
versions of IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' and IEC Standard 62087, ``Methods of 
measurement for the power consumption of audio, video, and related 
equipment.'' \1\ Id. At the time of the enactment of EISA 2007, the 
most current versions of these standards were IEC Standard 62301 (First 
Edition 2005-06) and IEC Standard 62087 (Second Edition 2008-09).
---------------------------------------------------------------------------

    \1\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedures to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. Accordingly, the 
narrow scope of this particular IEC standard reduces its relevance 
to today's final rule.
---------------------------------------------------------------------------

DOE Microwave Oven Test Procedure

    DOE's test procedure for microwave ovens is codified at appendix I 
to subpart B of Title 10 of the Code of Federal Regulations (CFR). The 
test procedure was established in an October 3, 1997 final rule that 
addressed active mode energy use only. 62 FR 51976.
    To address standby mode and off mode energy use, 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, 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) 
(or ``Second Edition''), which was in the process of being drafted.
    EPCA requires DOE to consider the most recent version of IEC 
Standard 62301. (42 U.S.C. 6295(gg)(2)(A)) After the October 2008 TP 
NOPR was published, DOE determined that it would consider the revised 
version of IEC Standard 62301, (i.e., IEC Standard 62301 (Second 
Edition)), in the microwave oven test procedure rulemaking. DOE 
anticipated, based on review of drafts of the updated IEC Standard 
62301, that the revisions could include different mode definitions. The 
revised version was expected in July 2009. IEC Standard 62301 (Second 
Edition) was not published, however, until January 27, 2011.
    In order to ensure that DOE could establish test procedures for 
standby mode and off mode by March 31, 2011, as required by the EISA 
2007 amendments to EPCA, DOE published an 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 stated that it believed that 
those most recent mode definitions represented the best definitions 
available for the analysis in support of this rulemaking. 75 FR 42612, 
42621. DOE held a public meeting on September 16, 2010, to hear oral 
comments on and solicit information relevant to the July 2010 TP SNOPR. 
Interested parties remarked upon, among other things, covered products, 
incorporation of IEC Standard 62301 (First Edition), mode definitions, 
and testing procedures. On October 29, 2010, the IEC released a 
finalized draft version of IEC Standard 62301 (Second Edition), IEC 
Standard 62301 (FDIS).
    On March 9, 2011, DOE published an interim final rule (hereafter 
referred to as the March 2011 Interim Final Rule) amending the test 
procedures for microwave ovens. 76 FR 12825. The March 2011 Interim 
Final Rule incorporated by reference specific clauses from IEC Standard 
62301 (First Edition) regarding test conditions and testing procedures 
for measuring the average standby mode and average off mode power 
consumption into the microwave oven test procedure. DOE also 
incorporated into the microwave oven test procedure definitions of 
``active mode,'' ``standby mode,'' and ``off mode'' based on the 
definitions provided in IEC Standard 62301 (FDIS). DOE further adopted 
language to clarify the application of clauses from IEC Standard 62301 
(First Edition) for measuring standby mode and off mode power in the 
March 2011 Interim Final rule. Specifically, DOE defined the test 
duration for cases in which the measured power is not stable (i.e., 
varies over a cycle), recognizing that the power consumption of 
microwave oven displays can vary based on the displayed clock time. 76 
FR 12825, 12828.
    The amendments adopted in the March 2011 Interim Final Rule became 
effective on April 8, 2011. However, DOE noted that in order to ensure 
that the amended test procedure adequately addresses the EISA 2007 
requirement to consider the most recent version of IEC Standard 62301, 
and recognizing that the IEC issued IEC Standard 62301 (Second Edition) 
in January of 2011, DOE issued the microwave oven test procedure as an 
interim final rule and offered an additional 180-day comment period to 
consider whether any changes

[[Page 4017]]

should be made to the interim final rule in light of publication of IEC 
Standard 62301 (Second Edition). DOE stated that it would consider 
these comments and, to the extent necessary, publish a final rulemaking 
incorporating any changes. 76 FR 12825, 12830-31. In response to the 
March 2011 Interim Final Rule, interested parties commented that, among 
other things, DOE should incorporate by reference IEC Standard 62301 
(Second Edition) for optimal international harmonization, to give 
clarity and consistency to the regulated community and to decrease the 
testing burden.
    Based upon the public comment, DOE decided to further analyze IEC 
Standard 62301 (Second Edition). DOE reviewed this latest version of 
the IEC standard and believes that it improves some measurements of 
standby mode and off mode energy use. Accordingly, DOE published a 
second SNOPR on November 23, 2011 (hereafter referred to as the 
November 2011 TP SNOPR), proposing to incorporate certain provisions of 
IEC Standard 62301 (Second Edition), along with clarifying language, 
into the DOE test procedures for microwave ovens adopted in the March 
2011 Interim Final Rule. In addition, DOE proposed in the November 2011 
TP SNOPR to make minor editorial changes in 10 CFR part 430, subpart B, 
appendix I, section 2.2.1.1 to aid the reader by presenting the 
electrical supply voltages consistently for microwave ovens and 
conventional cooking products, and also in section 1.12 to clarify the 
alternative use of metric units for various measurements and 
calculations in the conventional cooking products test procedure. 76 FR 
72331 (Nov. 23, 2011).
    In the course of reviewing comments on the November 2011 TP SNOPR, 
DOE determined that an additional SNOPR would be necessary before 
moving to a final rule. DOE subsequently published the additional SNOPR 
on May 16, 2012 (hereafter referred to as the May 2012 TP SNOPR), to 
address comments received on the November 2011 TP SNOPR regarding 
coverage of additional microwave oven product types in the DOE test 
procedure, and in particular, products combining a microwave oven with 
other appliance functionality. 77 FR 28805. Comments on this topic and 
other topics received in response to both the November 2011 TP SNOPR 
and the May 2012 TP SNOPR are addressed in today's final rule.
    With respect to today's rulemaking, as noted above, EPCA requires 
that DOE determine whether a 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 
standards for energy use in the standby and off modes), no 
determination is needed under these circumstances. DOE is conducting a 
concurrent rulemaking process to consider standby and off mode energy 
conservation standards and will utilize the DOE test procedure as 
amended by today's final rule in developing those standard levels.
    Today's rule also fulfills DOE's obligation to periodically review 
its test procedures under 42 U.S.C. 6293(b)(1)(A). DOE anticipates that 
its next evaluation of this test procedure will occur in a manner 
consistent with the timeline set out in this provision.

II. Summary of the Final Rule

    The final rule amends the current DOE test procedures for microwave 
ovens to incorporate by reference certain provisions of IEC Standard 
62301 (Second Edition) for measuring standby mode and off mode energy 
use. As noted in section I of today's final rule, the use of this 
internationally recognized standard will optimize harmonization for 
manufacturers, will give clarity and consistency in the test conduct, 
and will decrease the testing burden. The current procedures are also 
being amended to clarify testing requirements for supply voltage and 
alternative metric units.
    In addition, in today's final rule DOE confirms that the microwave 
oven portion of a combined product is covered under the definition of 
``microwave oven'' at 10 CFR 430.2, and is adding and clarifying 
definitions of certain combined products which incorporate microwave 
ovens and conventional cooking products. Due to a lack of data and 
information at this time, however, DOE is not amending its test 
procedures in this rule to measure standby mode and off mode energy use 
for the microwave portion of combined products. DOE may choose to 
initiate a separate rulemaking at a later date that would address 
standby and off mode energy use of combined products.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

    DOE defines ``microwave oven'' as a class of kitchen ranges and 
ovens which is a household cooking appliance consisting of a 
compartment designed to cook or heat food by means of microwave energy. 
10 CFR 430.2 In the March 2011 Interim Final Rule, DOE determined that 
this regulatory definition includes all ovens equipped with microwave 
capability, including convection microwave ovens (i.e., microwave ovens 
that incorporate convection features and possibly other means of 
cooking) because they are capable of cooking or heating food by means 
of microwave energy. 76 FR 12825, 12828-30 (March 9, 2011). In the 
March 2011 Interim Final Rule, DOE referred to such a product as a 
``combination oven''.
    In the May 2012 TP SNOPR, DOE proposed that the regulatory 
definition of microwave oven also includes all products that combine a 
microwave oven with other appliance functionality. To aid in 
distinguishing such other ``combined products'' from the type of 
microwave oven that incorporates convection features and any other 
means of cooking, DOE proposed in the May 2012 TP SNOPR to use the term 
``convection microwave oven'' to more accurately describe the latter, 
and to provide a definition of convection microwave oven in 10 CFR 
430.2. In this definition, DOE would clarify that the microwave 
capability, convection features, and any other cooking means are 
incorporated in a single cavity. 77 FR 28805, 28808 (May 16, 2012).
    DOE further proposed in the May 2012 TP SNOPR that all products 
that combine a microwave oven with other appliance functionality would 
be considered covered products, including microwave/conventional 
ranges, microwave/conventional ovens, microwave/conventional cooking 
tops, and other combined products such as microwave/refrigerator-
freezer/charging stations. Regarding microwave/conventional ranges, DOE 
clarified that an appliance need not be free-standing to be covered as 
a microwave/conventional range. 77 FR 28805, 28808-09 (May 16, 2012). 
DOE, therefore, proposed in the May 2012 TP SNOPR to add a definition 
of ``microwave/conventional cooking top'' in 10 CFR 430.2 to state that 
it is a class of kitchen ranges and ovens that is a household cooking 
appliance consisting of a microwave oven and a conventional cooking 
top. Similarly, DOE proposed in the May 2012 TP SNOPR to add a 
definition in 10 CFR 430.2 of a ``microwave/conventional oven'' as a 
class of kitchen ranges and ovens which is a household cooking 
appliance consisting of a microwave oven and a conventional oven in 
separate compartments. DOE also proposed to clarify in the definition 
of microwave/conventional range that the microwave oven and 
conventional oven are

[[Page 4018]]

incorporated as separate compartments. 77 FR 28805, 28809-10 (May 16, 
2012).
    Because each of those combined products described previously 
contains a microwave oven as one of its functional components, DOE 
proposed that the microwave oven component of these products would meet 
the statutory requirements as a covered product for the purposes of 
measuring standby mode and off mode energy use under EPCA. (42 U.S.C. 
6295(gg)(2)(B)(vi)) DOE stated that it does not believe that the 
presence of additional appliance functionality would eliminate the 
statutory requirement to evaluate standby mode and off mode energy use 
in the microwave oven component. DOE also tentatively concluded in the 
May 2012 TP SNOPR that the test procedure should only measure the 
standby mode and off mode energy use associated with the microwave oven 
portion of combined products, and for that reason the proposed 
amendments do not require any determination as to which appliance 
function of a combined product with a microwave oven component 
represents the primary usage of the product. 77 FR 28805, 28809-10 (May 
16, 2012).
    Whirlpool Corporation (Whirlpool) commented in response to the May 
2012 TP SNOPR that combined products should not be covered. Whirlpool 
noted that it produces a microwave/conventional oven in which both 
cavities are controlled by a single control panel. Whirlpool believes 
that this product should be regulated according to the primary use of 
the product, based on total energy consumption, which in this case 
would be as a conventional oven since their research indicates that the 
microwave oven cavity uses one-tenth of the energy annually that the 
conventional oven cavity does. (Whirlpool, No. 33 at p. 1; Whirlpool, 
No. 41 at pp. 1-2) The Association of Home Appliance Manufacturers 
(AHAM) also commented that the primary use of a combined product should 
determine how the product is regulated, whether that be as a 
conventional cooking product or a microwave oven. AHAM also stated that 
both free-standing and built-in ranges that provide microwave oven 
capability in one compartment and a conventional oven in a separate 
compartment should not be considered covered products. As a 
clarification, AHAM proposed that DOE define ``combination oven'' as 
``a microwave oven that incorporates means of cooking other than 
microwave energy, and does not mean free-standing or built-in 
conventional cooking tops, conventional ovens, or conventional ranges 
that include microwave ovens in separate cavities.'' (AHAM, No. 40 at 
pp. 2-3)
    DOE maintains its determination from the May 2012 TP SNOPR that the 
microwave oven component is subject to the statutory requirement for 
measuring standby mode and off mode energy use, and that the added 
conventional oven functionality, regardless of its annual energy 
consumption, does not exempt the microwave oven component from this 
requirement. Therefore, DOE determines for today's final rule that all 
products that incorporate microwave ovens with additional appliance 
functionality are covered products under the microwave oven regulatory 
definition, but DOE is declining to adopt a test procedure for such 
products at this time due to a lack of information. DOE also adopts in 
today's final rule regulatory definitions of several specific product 
types that incorporate microwave and conventional cooking 
functionality, either within a single cavity or in separate cavities, 
to aid manufacturers in determining which products are the subject of 
the provisions adopted in today's final rule. These definitions include 
the definition of ``convection microwave oven'' in place of the term 
``combination oven'', for those products that incorporate microwave and 
conventional cooking functionality in a single cavity. In sum, today's 
final rule adds the following definitions to 10 CFR 430.2:
     Convection microwave oven means a microwave oven that 
incorporates convection features and any other means of cooking in a 
single compartment.
     Microwave/conventional cooking top means a class of 
kitchen ranges and ovens that is a household cooking appliance 
consisting of a microwave oven and a conventional cooking top.
     Microwave/conventional oven means a class of kitchen 
ranges and ovens that is a household cooking appliance consisting of a 
microwave oven and a conventional oven in separate compartments.
    In addition, DOE amends the definition of ``microwave/conventional 
range'' in 10 CFR 430.2 as a class of kitchen ranges and ovens that is 
a household cooking appliance consisting of a microwave oven and a 
conventional oven in separate compartments and a conventional cooking 
top. DOE also amends the definition of ``microwave oven'' to include 
the use of the term ``convection microwave oven'' in place of 
``combination oven.''
    AHAM commented that DOE proposed to cover all products that combine 
microwave oven and other appliance functionality, but did not propose 
definitions for all of the possible combined products. According to 
AHAM, such an approach results in uncertainty about coverage for 
products that are manufactured as microwave ovens only, but later added 
to other appliances to create a combined product. AHAM noted that this 
integration may occur when the microwave oven is no longer in the 
manufacturer's control. Therefore, AHAM believes that DOE should not 
cover combined products. Should it do so, AHAM stated that a microwave 
oven should be classified according to its configuration as produced by 
the manufacturer, since a manufacturer would have no way of knowing how 
a stand-alone microwave oven may be later integrated into a combined 
product. (AHAM, No. 40 at p. 3)
    DOE has determined that while combined products are covered 
products under the statute, it will not be promulgating a test 
procedure for such products at this time, due to a lack of sufficient 
data. DOE will clarify its position on this issue at the time of any 
future rulemaking regarding combined products.

B. Effective Date for the Test Procedure and Date on Which Use of the 
Test Procedure Will be Required

    The effective date of the standby and off mode test procedures for 
microwave ovens is February 19, 2013. DOE's amended test procedure 
regulations codified in 10 CFR part 430, subpart B, appendix I clarify, 
though, that the procedures and calculations adopted in today's final 
rule need not be performed to determine compliance with energy 
conservation standards until compliance with any final rule 
establishing amended energy conservation standards for microwave ovens 
in standby mode and off mode is required. However, as of July 17, 2013, 
any representations as to the standby mode and off mode energy 
consumption of the products that are the subject of this rulemaking 
must be based upon results generated under the applicable provisions of 
this amended test procedure. (42 U.S.C. 6293(c)(2)) In the period 
between February 19, 2013 and July 17, 2013, any representations as to 
the standby mode and off mode energy consumption of the products that 
are the subject of this rulemaking may be based upon results generated 
under the applicable provisions of either this amended test procedure 
or the previous test procedure, published at 10 CFR part 430, subpart 
B, Appendix I as contained in the 10 CFR parts 200 to 499 edition 
revised as of January 1, 2012.

[[Page 4019]]

    The Republic of Korea (Korea) stated that if DOE adopted its 
proposals from the May 2012 TP SNOPR, manufacturers would require 
approximately 6 months for product development and another 6 months to 
demonstrate compliance with energy conservation standards and safety 
requirements. Therefore, Korea requested a compliance date at least a 
year after publication of the test procedure final rule. (Korea, No. 
42, at p. 1) As noted above, use of the amended test procedure 
established in today's final rule will not be required to demonstrate 
compliance until the compliance date of any final rule establishing 
amended microwave oven energy conservation standards. DOE is conducting 
such a standards rulemaking concurrently with this test procedure 
rulemaking, and expects that the compliance date of any amended 
standards will be later than 1 year after the publication of today's 
final rule.

C. Incorporation of IEC Standard 62301 (Second Edition)

    As discussed in section I of today's final rule, EPCA, as amended 
by EISA 2007, requires that test procedures be amended to include 
standby mode and off mode energy consumption, taking into consideration 
the most current versions of IEC Standards 62301 and 62087. (42 U.S.C. 
6295(gg)(2)(A)) DOE adopted certain provisions from IEC Standard 62301 
(First Edition) regarding test conditions and testing procedures for 
measuring the average standby mode and average off mode power 
consumption in the microwave oven test procedure in the March 2011 
Interim Final Rule. DOE also incorporated into the microwave oven test 
procedure definitions of ``active mode,'' ``standby mode,'' and ``off 
mode'' based on the definitions provided in IEC Standard 62301 (FDIS), 
along with clarifying language for clauses incorporated by reference in 
the March 2011 Interim Final Rule from IEC Standard 62301 (First 
Edition). Specifically, these provisions measure power consumption of 
microwave ovens in the case that the measured power is not stable 
(i.e., varies over a cycle), based on displayed clock time, and DOE 
defined the test duration in this case. 76 FR 12825, 12828 (Mar. 9, 
2011).
    Based upon the public comment received on the March 2011 Interim 
Final Rule, DOE published the November 2011 TP SNOPR, proposing to 
update its reference to IEC Standard 62301 by incorporating certain 
provisions of IEC Standard 62301 (Second Edition), along with 
clarifying language, into the DOE test procedures for microwave ovens 
adopted in the March 2011 Interim Final Rule.
    AHAM and Whirlpool support the incorporation by reference of IEC 
Standard 62301 (Second Edition) in the microwave oven test procedure. 
(AHAM, No. 40 at p. 1; Whirlpool, No. 33 at p. 1) AHAM stated that the 
use of the Second Edition would allow for optimum international 
harmonization, provide clarity and consistency to manufacturers, and 
decrease test burden. (AHAM, No. 40 at p. 4)
    The suitability of specific clauses from IEC Standard 62301 (Second 
Edition) regarding testing conditions and methodology for use in DOE's 
microwave oven test procedure are discussed in the following 
paragraphs.
    Section 4, paragraph 4.4 of the Second Edition revises the power 
measurement accuracy provisions of the First Edition. A more 
comprehensive specification of required accuracy is provided in the 
Second Edition, which depends upon the characteristics of the power 
being measured. Testers using the Second Edition are required to 
measure the crest factor and power factor of the input power, and to 
calculate a maximum current ratio (MCR) (paragraph 4.4.1 of the Second 
Edition). The Second Edition then specifies calculations to determine 
the maximum permitted uncertainty in MCR. DOE noted in the November 
2011 TP SNOPR, however, that the permitted uncertainty is the same or 
less stringent than the uncertainty specified in the First Edition, 
depending on the value of MCR and the power level being measured. DOE 
determined, however, that this change in the permitted uncertainty 
maintains sufficient accuracy of measurements under a full range of 
possible measured power levels without placing undue demands on the 
instrumentation. These power measurement accuracy requirements were 
based upon detailed technical submissions to the IEC in the development 
of IEC Standard 62301 (FDIS), which showed that commonly-used power 
measurement instruments were unable to meet the original requirements 
for certain types of loads. Therefore, DOE concluded in the November 
2011 TP SNOPR that the incremental testing burden associated with the 
additional measurements and calculations is offset by the more 
reasonable requirements for testing equipment, while maintaining 
measurement accuracy deemed acceptable and practical by voting members 
for IEC Standard 62301 (Second Edition). For these reasons, DOE 
proposed in the November 2011 TP SNOPR to incorporate by reference in 
10 CFR part 430, subpart B, appendix I, section 2.9.1.3 the power 
equipment specifications in section 4, paragraph 4.4 of IEC Standard 
62301 (Second Edition). 76 FR 72332, 72339 (Nov. 23, 2011). DOE did not 
revise this proposal for the May 2012 TP SNOPR, and did not receive any 
comments on this topic in response to either notice. In today's final 
rule, DOE adopts these amendments to its microwave oven test procedure.
    In the November 2011 TP SNOPR, DOE observed that section 5, 
paragraph 5.2 of IEC Standard 62301 (Second Edition) maintains the 
installation and setup procedures incorporated by reference in the 
microwave oven test procedure in the March 2011 Interim Final Rule from 
the First Edition. These provisions require that the appliance be 
prepared and set up in accordance with manufacturer's instructions, and 
that if no instructions are given, then the factory or ``default'' 
settings shall be used, or where there are no indications for such 
settings, the appliance is tested as supplied. Additionally, IEC 
Standard 62301 (Second Edition) adds certain clarifications to the 
installation and setup procedures in section 5, paragraph 5.2 of the 
First Edition regarding products equipped with a battery recharging 
circuit for an internal battery, as well as instructions for testing 
each relevant configuration option identified in the product's 
instructions for use. DOE stated in the November 2011 TP SNOPR that it 
is not aware of any microwave oven with an internal battery, or with a 
recharging circuit for such a battery. DOE also determined that a 
requirement to separately test each configuration option could 
substantially increase test burden and potentially conflicts with the 
requirement within the same section to set up the product in accordance 
with the instructions for use or, if no such instructions are 
available, to use the factory or ``default'' settings. Therefore, DOE 
tentatively concluded in the November 2011 TP SNOPR that the portions 
of the installation instructions in section 5, paragraph 5.2 of IEC 
Standard 62301 (Second Edition) pertaining to batteries and the 
requirement for the determination, classification, and testing of all 
modes associated with every combination of available product 
configuration options (which may be more numerous than the modes 
associated with operation at the default settings) are not appropriate 
for the microwave oven test procedures. Accordingly, DOE proposed in 
the November 2011 TP SNOPR qualifying language in the test procedure

[[Page 4020]]

amendments at 10 CFR part 430, subpart B, appendix I, section 2.1.3 to 
disregard those portions of the installation instructions. Id. DOE 
maintained this proposal for the May 2012 TP SNOPR. No comments on this 
topic were submitted to DOE, and for the reasons discussed, DOE is 
amending the microwave oven test procedure accordingly in today's final 
rule.
    The Second Edition also contains provisions for the power supply 
(section 4.3) and power-measuring instruments (section 4.4). Paragraph 
4.3.2 requires that the value of the harmonic content of the voltage 
supply be recorded during the test and reported. As described 
previously, paragraph 4.4.1 requires the instrument to measure the 
crest factor and maximum current ratio. Paragraph 4.4.3 requires the 
instrument to be capable of measuring the average power or integrated 
total energy consumption over any operator-selected time interval. In 
the November 2011 TP SNOPR, DOE stated that it is aware of commercially 
available power measurement instruments that can perform each of these 
required measurements individually. However, DOE is also aware that 
certain industry-standard instruments, such as the Yokogawa WT210/WT230 
digital power meter and possibly others, are unable to measure harmonic 
content or crest factor while measuring average power or total 
integrated energy consumption. DOE expressed concern that laboratories 
currently using power-measuring instruments without this capability 
would be required to purchase, at potentially significant expense, 
additional power-measuring instruments that are able to perform all 
these measurements simultaneously. Therefore, DOE proposed in the 
November 2011 TP SNOPR for 10 CFR part 430, subpart B, appendix I, 
sections 2.2.1.2 and 2.9.1.3 that if the power-measuring instrument is 
unable to perform these measurements during the actual test 
measurement, it would be acceptable to measure the total harmonic 
content, crest factor, and maximum current ratio immediately before and 
immediately after the actual test measurement to determine whether the 
requirements for the power supply and power measurement have been met. 
76 FR 72332, 72339-40 (Nov. 23, 2011).
    AHAM and Whirlpool support the measurement of the total harmonic 
content, crest factor, and maximum current ratio before and after the 
actual test measurement if the power measuring instrument is unable to 
perform these measurements during the actual test. Whirlpool commented 
that this provision would prevent manufacturers from being required to 
purchase more comprehensive and expensive test equipment. (AHAM, No. 40 
at p. 4; Whirlpool, No. 33 at p. 2) DOE agrees with these commenters, 
and in today's final rule amends the microwave oven test procedure to 
include such a provision in section 2.2.1.2 of appendix I.
    The other major changes in the Second Edition related to the 
measurement of standby mode and off mode power consumption in covered 
products involve measurement techniques and specification of the 
stability criteria required to measure that power. The Second Edition 
contains more detailed techniques to evaluate the stability of the 
power consumption and to measure the power consumption for loads with 
different stability characteristics. According to the Second Edition, 
the user is given a choice of measurement procedures, including 
sampling methods, average reading methods, and a direct meter reading 
method. For the November 2011 TP SNOPR, DOE evaluated these new methods 
in terms of test burden and improvement in results as compared to those 
methods adopted in the March 2011 Interim Final Rule, which were based 
on IEC Standard 62301 (First Edition).
    In the March 2011 Interim Final Rule, DOE adopted provisions 
requiring that microwave oven standby mode and off mode power be 
measured using section 5, paragraph 5.3 of IEC Standard 62301 (First 
Edition). DOE also adopted additional specific methodology for 
microwave ovens in which power varies as a function of the time 
displayed. In particular, based on DOE's testing, DOE adopted a 
requirement for these microwave ovens to set the display time to 3:23 
and allowing a 10-minute stabilization period prior to a 10-minute 
measurement period for the display time of 3:33 to 3:42, based on the 
average power approach of section 5, paragraph 5.3.2(a) of IEC Standard 
62301 (First Edition). DOE stated that this method provides a valid 
measure of standby energy use for those microwave ovens with power 
consumption varying according to the time displayed on the clock. 76 FR 
12825, 12838-40 (Mar. 9, 2011).
    For the November 2011 TP SNOPR, DOE analyzed the potential impacts 
of referencing methodology from IEC Standard 62301 (Second Edition) 
rather than from the First Edition by comparing the provisions allowed 
by each under different scenarios of power consumption stability. Based 
on its analysis, DOE concluded that the use of the Second Edition would 
improve the accuracy and representativeness of power consumption 
measurements. DOE also recognized industry's overwhelming support for 
the Second Edition and the benefit of harmonizing with international 
test standards to reduce testing burden on manufacturers that sell 
products internationally by not requiring multiple test methods to be 
conducted according to different testing methods in different 
countries. In the narrow case of microwave ovens with power consumption 
that varies as a function of the clock time displayed, DOE proposed to 
maintain the application of clauses from IEC Standard 62301 (First 
Edition) for measuring standby mode power consumption during a 10-
minute test period that were adopted in the March 2011 Interim Final 
Rule. DOE determined that, in this case, the use of the Second Edition 
would cause manufacturers to incur significant burden that would not be 
warranted by any potential improved accuracy of the measurement. 76 FR 
72332, 72340-42 (Nov. 23, 2011). DOE did not revise these proposals 
regarding testing methodology and the use of IEC Standard 62301 in the 
May 2012 TP SNOPR.
    AHAM and Whirlpool agreed with the existing methodology to measure 
standby power for microwave ovens with power consumption that varies as 
a function of the time displayed over a period of 10 minutes starting 
at a clock time of 3:33. Whirlpool, however, objected to a fixed 
stabilization period of 10 minutes, starting at a clock time of 3:23, 
prior to the start of the measurement period. Whirlpool commented that 
the time for the controls to reach the lowest power consumption state 
may be longer or shorter than 10 minutes for a particular microwave 
oven, and that manufacturers should be allowed to conduct the test by 
setting the clock sufficiently far in advance to ensure that the 
controls have stabilized by the start of the measurement period. 
(Whirlpool, No. 33 at p. 2) AHAM also stated that some microwave ovens 
may have a shorter stabilization period than 10 minutes, and for those 
products, the current methodology would have a higher test burden than 
an approach in which the stabilization period is defined as the number 
of minutes needed for the microwave oven to return to its lowest power 
consumption state. AHAM objected to DOE's assertion in the November 
2011 TP SNOPR that a defined stabilization period would encourage 
manufacturers to minimize the duration of the stabilization period

[[Page 4021]]

in their products. According to AHAM, a fixed stabilization period 
would likely lead to standardization of stabilization periods, and 
since DOE did not observe any current stabilization periods longer than 
10 minutes, manufacturers would be encouraged to increase them up to 
the maximum of 10 minutes. AHAM agreed, however, that the current 10-
minute approach is less burdensome than measuring standby power 
consumption in this case using IEC Standard 62301 (Second Edition). 
AHAM further commented that setting the clock time to 3:23 and allowing 
a 10-minute stabilization period prior to the 10-minute test ensures 
that the test procedure is repeatable and reproducible, and minimizes 
test burden by not requiring independent test laboratories to determine 
the number of minutes needed for the microwave oven to reach its lowest 
power consumption state. According to AHAM, it is critical in the 
context of increased enforcement that third-party laboratories be able 
to conduct the test procedure with as little lab-to-lab variation as 
possible. AHAM, therefore, supports DOE's proposal to maintain the 10-
minute measurement method currently provided in the test procedure. 
(AHAM, No. 40 at p. 5)
    For the reasons discussed above, and in consideration of the 
comments received supporting the proposals, DOE amends the microwave 
oven test procedure in today's final rule by incorporating by reference 
the relevant paragraphs of section 5.3 of IEC Standard 62301 (Second 
Edition) in 10 CFR part 430, subpart B, appendix I, sections 3.1.4.1 
and 3.2.4. The amendments require the use of the sampling method in 
section 5.3.2 of the Second Edition for standby mode and off mode power 
measurements, except in the case of microwave ovens with power 
consumption that varies as a function of the time displayed. DOE is not 
amending the substance of the 10-minute test method that is currently 
provided for these products in the microwave oven test procedure, which 
reference provisions from IEC Standard 62301 (First Edition). Today's 
final rule also adopts necessary editorial changes to appendix I to 
allow for the correct referencing of the Second Edition, including 
definitions and section numbering.

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

    In the March 2011 Interim Final Rule, DOE adopted a definition of 
``standby mode'' based on the definitions provided in IEC Standard 
62301 (FDIS), as follows:
     ``Standby mode'' is the condition in which an energy-using 
product is connected to a mains power source and offers one or more of 
the following user-oriented or protective functions which may persist 
for an indefinite time:
     a remote switch (including remote control), internal 
sensor, or timer to facilitate the activation of other modes (including 
activation or deactivation of active mode);
     and continuous functions, including information or status 
displays (including clocks) or sensor-based functions. 76 FR 12825, 
12834 (Mar. 9, 2011).
    DOE also adopted in its amendments to the test procedure the 
clarification, provided as a note accompanying the definition of 
standby mode in IEC Standard 62301 (FDIS), that a timer is a continuous 
clock function (which may or may not be associated with a display) that 
provides regularly scheduled tasks (e.g. switching) and that operates 
on a continuous basis. Id.
    DOE also adopted definitions of ``off mode'' and ``active mode'' 
based on the definitions provided in IEC Standard 62301 (FDIS), as 
follows:
     ``Off mode'' is the condition in which an energy-using 
product is connected to a mains power source and is not providing any 
standby mode or active mode function and where the mode may persist for 
an indefinite time. An indicator that only shows the user that the 
product is in the off position is included within the classification of 
off mode. Id.
     ``Active mode(s)'' is the condition in which an energy-
using product is connected to a mains power source and at least one 
primary function is activated. Id.
    In the November 2011 TP SNOPR, DOE did not propose changing these 
definitions in light of its proposal to reference the updated version 
of IEC Standard 62301, because these definitions have the same 
functional equivalence to those in both IEC Standard 62301 (FDIS) and 
IEC Standard 62301 (Second Edition). DOE did, however, propose to make 
non-substantive editorial changes to clarify for the reader the 
description of the user-oriented or protective functions associated 
with standby mode operation in the definition of standby mode in 10 CFR 
part 430, subpart B, appendix I, section 1.13. 76 FR 72332, 72343 (Nov. 
23, 2011). DOE did not revise these proposals for mode definitions in 
the May 2012 TP SNOPR.
    DOE did not receive any comments regarding these proposals, and 
thus amends the microwave oven test procedure in today's final rule to 
provide those clarifications in the definition of standby mode, which 
is now included as section 1.17 in 10 CFR part 430, subpart B, appendix 
I.

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

    As discussed in section III.A, DOE has determined that for products 
combining a microwave oven with other appliance functionality, the 
compartment incorporating microwave cooking capability would be 
considered to meet the definition of a microwave oven at 10 CFR 430.2. 
As a result, DOE proposed in the May 2012 TP SNOPR testing procedures 
specifically for such combined products. In particular, DOE proposed 
that the standby mode and off mode power for combined products be 
measured according to the same methodology proposed in the November 
2011 TP SNOPR for microwave ovens; i.e., according to the provisions 
incorporated from IEC Standard 62301 (Second Edition), except in the 
case in which standby mode power consumption varies as a function of 
displayed time. In that case, the standby mode power would be measured 
for the entire product according to the method outlined in the November 
2011 TP SNOPR. To determine the standby mode and off mode power 
associated with the microwave oven portion only, apportionment factors 
representing the fractional contribution of the microwave oven portion 
to the total standby mode and off mode power consumption would be 
multiplied by the overall standby mode and off mode power measurements. 
DOE further proposed specific standby mode apportionment factors for 
products that incorporate microwave ovens and conventional cooking 
products. The proposed amendments would also allow a manufacturer, upon 
submission of suitable supporting information to DOE, to use alternate 
apportionment values for such combined products. Manufacturers of 
combined products for which specific apportionment values were not 
provided in the test procedure would also be required to submit 
information as to the appropriate values for their products. 77 FR 
28805, 28810-12 (May 16, 2012).
    AHAM and Whirlpool objected to the method of apportionment factors 
for measuring standby mode and off mode energy use for combined 
products, stating that DOE's analysis was based on data derived from an 
insufficient sample size and to regulate a combined product on that 
basis would be arbitrary and unreasonable. (AHAM, No. 40 at pp. 1-2, 4; 
Whirlpool, No. 41 at pp. 1-2)

[[Page 4022]]

Whirlpool also stated that the standby power of a combined product 
cannot be logically divided, and that off mode power may apply to one 
functional component of a combined product but not the other. 
(Whirlpool, No. 41 at pp. 2-3) AHAM commented that, under the 
apportionment approach, third-party laboratories would be unable to 
conduct verification testing, because they would be unable to determine 
how to divide standby power among the functional components. (AHAM, No. 
40 at p. 2) AHAM and Whirlpool further commented that the apportionment 
method would, in effect, regulate the standby power of the other 
functional component in addition to the microwave oven portion, which 
is outside of the scope of this rulemaking and would be unreasonable 
and arbitrary. (AHAM, No. 40 at p. 3, Whirlpool, No. 41 at p. 2) 
According to Whirlpool, the conventional cooking component of a 
combined product would be subject to energy conservation standards, 
while other conventional cooking products would not, creating an unfair 
competitive advantage for manufacturers of the unregulated products.
    As discussed in section III.A of this notice, DOE has decided not 
to adopt methodology in its microwave oven test procedure at this time 
for measuring the standby mode and off mode energy use of the microwave 
portion of combined products. Therefore, DOE does not need to further 
address these comments in today's final rule. DOE may choose to 
initiate a separate rulemaking at a later date that would address 
standby and off mode energy use of combined products, at which time 
such comments could again be raised.

F. Technical Clarifications

    DOE proposed in the November 2011 TP SNOPR to make minor editorial 
changes in 10 CFR part 430, subpart B, appendix I, section 2.2.1.1 to 
aid the reader by presenting the electrical supply voltages 
consistently for microwave ovens and conventional cooking products, and 
also in section 1.12 to clarify the alternative use of metric units for 
various measurements and calculations in the conventional cooking 
products test procedure. 76 FR 72331 (Nov. 23, 2011). DOE did not 
revise this proposal for the May 2012 TP SNOPR, and did not receive any 
comments regarding these clarifications in response to either notice. 
Therefore, DOE adopts these clarifications to appendix I in today's 
final rule, although section 1.12 is now designated as section 1.16.

G. Compliance With Other EPCA Requirements

1. Test Burden
    EPCA requires that test procedures shall be reasonably designed to 
produce test results which measure energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use. Test procedures must 
also not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In the March 2011 Interim Final Rule, DOE concluded that the 
amended test procedure would produce test results that measure the 
power consumption of covered products during a representative average 
use cycle as well as annual energy consumption, and that the test 
procedure would not be unduly burdensome to conduct. 76 FR 12825, 12840 
(March 9, 2011).
    The amendments to the DOE test procedures proposed in the November 
2011 TP SNOPR would be based on an updated version of IEC Standard 
62301, specifically IEC Standard 62301 (Second Edition). For the 
reasons discussed in the November 2011 TP SNOPR, DOE concluded that the 
proposed amended test procedures would produce test results that 
measure the standby mode and off mode power consumption during 
representative use, and that the test procedures would not be unduly 
burdensome to conduct. 76 FR 72332, 72344-45 (Nov. 23, 2011).
    Whirlpool stated that it considers the test burden acceptable. 
However, Whirlpool added that this is contingent upon its comments on 
the following topics: (1) The exclusion of all products with multiple 
cavities, with one cavity having microwave capability and the other 
having a conventional oven, as covered products, (2) the proposed use 
of IEC Standard 62301 (Second Edition), (3) the measurement of total 
harmonic distortion before and/or after the actual test, and (4) the 
use of a manufacturer-determined stabilization period at the start of 
standby power testing for microwave ovens with clocks. (Whirlpool, No. 
33 at p. 2)
    For the reasons discussed in section III.A of this notice, DOE 
determined in today's final rule to cover all products with a microwave 
oven component, including products that combine a microwave oven with 
other appliance functionality, for the purposes of the microwave oven 
test procedure. However, DOE is not adopting provisions to measure the 
standby mode and off mode energy use of the microwave oven portion of 
combined products at this time.
    Today's final rule also adopts amendments to the test procedure 
that incorporate by reference IEC Standard 62301 (Second Edition) and 
provisions that allow the measurement of total harmonic distortion 
before and/or after the actual test, which are in accordance with 
Whirlpool's comments. The amendments do not, however, include 
Whirlpool's recommendation that the stabilization period for microwave 
ovens with power consumption that varies as a function of the time 
displayed be set according to the time it takes for the product to 
transition to its lowest power state. DOE determined that a fixed 10-
minute stabilization period prior to the start of the 10-minute 
measurement period for those products will provide clarity to testing 
laboratories and ensure repeatability and reproducibility, which will 
outweigh the burden of an additional few minutes of testing time.
    DOE concludes that the amended test procedures for microwave ovens 
will produce test results that measure the standby mode and off mode 
power consumption during representative use, and that the test 
procedures will not be unduly burdensome to conduct.
2. Certification Requirements
    Sections 6299-6305 of EPCA authorize DOE to enforce compliance with 
the energy and water conservation standards established for certain 
consumer products. (42 U.S.C. 6299-6305 (consumer products) On March 7, 
2011, the Department revised, consolidated, and streamlined its 
existing certification, compliance, and enforcement regulations for 
certain consumer products and commercial and industrial equipment 
covered under EPCA, including microwave ovens. 76 FR 12422. These 
regulations are codified in 10 CFR 429.23 (conventional cooking tops, 
conventional ovens, microwave ovens).
    The certification requirements for microwave ovens consist of a 
sampling plan for selection of units for testing and requirements for 
certification reports. Because there are no existing energy 
conservation standards for microwave ovens, DOE is not amending the 
certification reporting requirements for these products. However, 
because DOE adopts new metrics in today's final rule (standby mode 
power consumption (PSB) and off mode power consumption 
(POFF)) for microwave ovens, DOE additionally amends 
provisions in the sampling plan in 10 CFR 429.23(a)(2)(i) to include 
PSB and POFF.

[[Page 4023]]

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' 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 a regulatory flexibility analysis (RFA) 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 DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel. DOE 
reviewed today's final rule under the provisions of the Regulatory 
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 estimates 
that there is one small business which manufactures a product which 
combines a microwave oven with other appliance functionality. However, 
because DOE is not amending at this time the test procedures for 
microwave ovens to include provisions for measuring the standby mode 
and off mode energy use for the microwave oven portion of such combined 
products, DOE certifies that today's final rule would not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, DOE has not prepared a regulatory flexibility analysis for 
this rulemaking. DOE will transmit the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the SBA 
for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of microwave ovens must certify to DOE that their 
products comply with any applicable energy conservation standards. In 
certifying compliance, manufacturers must test their products according 
to the DOE test procedures for microwave ovens, including any 
amendments adopted for those test procedures. DOE has established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including 
microwave ovens. (76 FR 12422 (March 7, 2011). The collection-of-
information requirement for the certification and recordkeeping is 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been approved by OMB under OMB control 
number 1910-1400. Public reporting burden for the certification is 
estimated to average 20 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.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure 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 affecting the amount, quality or 
distribution of energy usage, and, therefore, will not result in any 
environmental impacts. Thus, this rulemaking is covered by Categorical 
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any 
rulemaking that interprets or amends an existing rule without changing 
the environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE examined this final rule and determined 
that it will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. EPCA governs and prescribes Federal preemption of State 
regulations as to energy conservation for the products that are the 
subject of today's final rule. States can petition DOE for exemption 
from such preemption to the extent, and based on criteria, set forth in 
EPCA. (42

[[Page 4024]]

U.S.C. 6297(d)) No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined today's 
final rule according to UMRA and its statement of policy and determined 
that the rule contains neither an intergovernmental mandate, nor a 
mandate that may result in the expenditure of $100 million or more in 
any year, so these requirements do not apply.

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 final rule will not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    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, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a 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 final rule incorporates testing methods contained in the 
following commercial standards:
    1. IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' (First Edition, June 2005).

[[Page 4025]]

    2. IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' Edition 2.0, 2011-01.
    DOE has evaluated these standards and is unable to conclude whether 
they fully comply with the requirements of section 32(b) of the FEAA, 
i.e., whether they were developed in a manner that fully provides for 
public participation, comment, and review. DOE has consulted with the 
Attorney General and the Chairman of the FTC about the impact on 
competition of using the methods contained in these standards and has 
received no comments objecting to their use.

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. 804(2).

N. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Reporting and 
recordkeeping requirements.

10 CFR Part 430

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

    Issued in Washington, DC, on January 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
430 of Chapter II of Title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
2. Section 429.23 is amended by revising paragraph (a)(2)(i) 
introductory text to read as follows:

Sec.  429.23  Conventional cooking tops, conventional ovens, microwave 
ovens.

    (a) * * *
    (2) * * *
    (i) Any represented value of estimated annual operating cost, 
energy consumption, standby mode power consumption, off mode power 
consumption, or other measure of energy consumption of a basic model 
for which consumers would favor lower values shall be greater than or 
equal to the higher of:
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

0
4. Section 430.2 is amended by:
0
a. Revising the definitions of ``Microwave/conventional range'' and 
``Microwave oven''; and
0
b. Adding the definitions for ``Convection microwave oven'', 
``Microwave/conventional cooking top'', and ``Microwave/conventional 
oven'' in alphabetical order.
    The revisions and additions read as follows:

Sec.  430.2  Definitions.

* * * * *
    Convection microwave oven means a microwave oven that incorporates 
convection features and any other means of cooking in a single 
compartment.
* * * * *
    Microwave/conventional cooking top means a class of kitchen ranges 
and ovens that is a household cooking appliance consisting of a 
microwave oven and a conventional cooking top.
    Microwave/conventional oven means a class of kitchen ranges and 
ovens that is a household cooking appliance consisting of a microwave 
oven and a conventional oven in separate compartments.
    Microwave/conventional range means a class of kitchen ranges and 
ovens that is a household cooking appliance consisting of a microwave 
oven and a conventional oven in separate compartments and a 
conventional cooking top.
    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 convection microwave ovens.
* * * * *

0
5. Appendix I to Subpart B of part 430 is amended:
0
a. By revising the note after the heading;
0
b. In section 1. Definitions, by revising sections 1.16 and 1.17:
0
c. In section 2. Test Conditions, by revising sections 2.1.3, 2.2.1.1, 
2.2.1.2, 2.5.2, 2.6, and 2.9.1.3; and
0
d. In section 3. Test Methods and Measurements, by revising sections 
3.1.4.1, and 3.2.4.
    The revisions read as follows:

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

    Note: Any representation made after April 29, 2013 related to 
standby mode and off mode energy consumption of conventional ranges, 
conventional cooking tops, and conventional ovens, or after July 17, 
2013 for standby and off mode energy consumption of microwave ovens, 
must be based upon results generated under this test procedure.
    Any representation related to standby mode and off mode energy 
consumption of microwave ovens made between February 19, 2013 and 
July 17, 2013 may be based upon results generated under this test 
procedure or upon the test procedure as it appeared at 10 CFR part 
430, subpart B, appendix I as contained in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2012.
    Upon the compliance date(s) of any energy conservation 
standard(s) for conventional ranges, conventional cooking tops, 
conventional ovens, and microwave ovens that incorporates standby 
mode and off mode energy consumption, use of the applicable 
provisions of this test procedure to demonstrate compliance with the 
energy conservation standard will also be required.

1. Definitions

* * * * *
    1.16 Standard cubic foot (or liter (L)) of gas means that 
quantity of gas that occupies 1 cubic foot (or alternatively 
expressed in L) when saturated with water vapor at a temperature of 
60[emsp14][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).
    1.17 Standby mode means any mode in which a conventional cooking 
top, conventional oven, conventional range, or microwave oven is 
connected to a main power source and offers one or more of the 
following user-oriented or protective functions which may persist 
for an indefinite time: (a) facilitation of the activation of other 
modes (including activation or deactivation

[[Page 4026]]

of active mode) by remote switch (including remote control), 
internal sensor, or timer; (b) provision of continuous functions, 
including information or status displays (including clocks) or 
sensor-based functions. A timer is a continuous clock function 
(which may or may not be associated with a display) that allows for 
regularly scheduled tasks and that operates on a continuous basis.
* * * * *

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 of this 
appendix. The microwave oven shall also be installed in accordance 
with Section 5, Paragraph 5.2 of IEC 62301 (Second Edition) 
(incorporated by reference; see Sec.  430.3), disregarding the 
provisions regarding batteries and the determination, 
classification, and testing of relevant modes. A watt meter shall be 
installed in the circuit and shall be as described in section 
2.9.1.3 of this appendix.
* * * * *
    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 2 percent except that 
basic models rated only at 208/120 volts shall be tested at that 
rating 2 percent. For microwave oven testing, maintain 
the electrical supply to the unit at 240/120 volts 1 
percent. Maintain the electrical supply frequency for all products 
at 60 hertz  1 percent.
    2.2.1.2 Supply voltage waveform. For the standby mode and off 
mode testing, maintain the electrical supply voltage waveform as 
indicated in Section 4, Paragraph 4.3.2 of IEC 62301 (Second 
Edition) (incorporated by reference; see Sec.  430.3). For microwave 
oven standby mode and off mode testing, if the power measuring 
instrument used for testing is unable to measure and record the 
total harmonic content during the test measurement period, it is 
acceptable to measure and record the total harmonic content 
immediately before and after the test measurement period.
* * * * *
    2.5.2 Standby mode and off mode ambient temperature. For standby 
mode and off mode testing, maintain room ambient air temperature 
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301 
(Second Edition) (incorporated by reference; see 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 1.12 of this appendix, before any testing begins. 
The equipment for measuring the applicable normal nonoperating 
temperature shall be as described in sections 2.9.3.1, 2.9.3.2, 
2.9.3.3, and 2.9.3.4 of this appendix, as applicable.
* * * * *
    2.9.1.3 Standby mode and off mode watt meter. The watt meter 
used to measure standby mode and off mode shall meet the 
requirements specified in Section 4, Paragraph 4.4 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3). For 
microwave oven standby mode and off mode testing, if the power 
measuring instrument used for testing is unable to measure and 
record the crest factor, power factor, or maximum current ratio 
during the test measurement period, it is acceptable to measure the 
crest factor, power factor, and maximum current ratio immediately 
before and after the test measurement period.
* * * * *

3. Test Methods and Measurements

* * * * *
    3.1.4.1 Microwave oven test standby mode and off mode power. 
Establish the testing conditions set forth in section 2, Test 
Conditions, of this appendix. For microwave ovens that drop from a 
higher power state to a lower power state as discussed in Section 5, 
Paragraph 5.1, Note 1 of IEC 62301 (Second Edition) (incorporated by 
reference; see Sec.  430.3), allow sufficient time for the microwave 
oven to reach the lower power state before proceeding with the test 
measurement. Follow the test procedure as specified in Section 5, 
Paragraph 5.3.2 of IEC 62301 (Second Edition). For units in which 
power varies as a function of displayed time in standby mode, set 
the clock time to 3:23 and use the average power approach described 
in Section 5, Paragraph 5.3.2(a) of IEC 62301 (First Edition), but 
with a single test period of 10 minutes +0/-2 sec after an 
additional stabilization period until the clock time reaches 3:33. 
If a microwave oven is capable of operation in either standby mode 
or off mode, as defined in sections 1.17 and 1.13 of this appendix, 
respectively, or both, test the microwave oven in each mode in which 
it can operate.
* * * * *
    3.2.4 Microwave oven test standby mode and off mode power. Make 
measurements as specified in Section 5, Paragraph 5.3 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3). If 
the microwave oven is capable of operating in standby mode, as 
defined in section 1.17 of this appendix, measure the average 
standby mode power of the microwave oven, PSB, in watts 
as specified in section 3.1.4.1 of this appendix. If the microwave 
oven is capable of operating in off mode, as defined in section 1.13 
of this appendix, measure the average off mode power of the 
microwave oven, POM, as specified in section 3.1.4.1.
* * * * *
[FR Doc. 2013-00917 Filed 1-17-13; 8:45 am]
BILLING CODE 6450-01-P
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