```

[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Proposed Rules]
[Pages 28805-28819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11730]

=======================================================================
-----------------------------------------------------------------------

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: Supplemental notice of proposed rulemaking.

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

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)). Today's 
SNOPR proposes 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.

DATES: DOE will accept comments, data, and information regarding this 
SNOPR submitted no later than June 15, 2012. See section V, ``Public 
Participation,'' for details.

ADDRESSES: Any comments submitted must identify the SNOPR on Test 
Procedures for Microwave Ovens, and provide docket number EERE-2008-BT-
TP-0011 and/or regulatory information number (RIN) 1904-AB78. Comments 
may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: 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. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Telephone:

[[Page 28806]]

(202) 586-2945. If possible, please submit all items on a CD, in which 
case it is not necessary to include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;rpp=10;po=0;D=EERE-2008-BT-TP-0011. 
This web page contains a link to the docket for this notice on the 
www.regulations.gov site. The www.regulations.gov Web page contains 
simple instructions on how to access all documents, including public 
comments, in the docket. See section V for information on how to submit 
comments through www.regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or email: Brenda.Edwards@ee.doe.gov.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Summary of the Supplemental Notice of Proposed Rulemaking
III. Discussion
    A. Products Covered by this Test Procedure Rulemaking
    1. Microwave/Conventional Ranges
    2. Microwave/Conventional Ovens
    3. Other Combined Products
    B. Effective Date for the Test Procedure and Date on Which Use 
of the Test Procedure Will Be Required
    C. Specifications for the Test Methods and Measurements for 
Combined Products
    D. Compliance With Other EPCA Requirements
IV. Procedural Issues and Regulatory Review
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

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

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results that measure energy efficiency, energy 
use or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)).
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2)).
    The EISA 2007 amendments to EPCA, in relevant part, require DOE to 
amend the test procedures for all residential covered products to 
include measures of standby mode and off mode energy consumption. 
Specifically, section 310 of EISA 2007 provides definitions of 
``standby mode'' and ``off mode'' (42 U.S.C. 6295(gg)(1)(A)) and 
permits DOE to amend these definitions in the context of a given 
product (42 U.S.C. 6295(gg)(1)(B)). The statute requires integration of 
such energy consumption ``into the overall energy efficiency, energy 
consumption, or other energy descriptor for each covered product, 
unless the Secretary determines that--
    (i) The current test procedures for a covered product already fully 
account for and incorporate the standby mode and off mode energy 
consumption of the covered product; or
    (ii) such an integrated test procedure is technically infeasible 
for a particular covered product, in which case the Secretary shall 
prescribe a separate standby mode and off mode energy use test 
procedure for the covered product, if technically feasible.'' (42 
U.S.C. 6295(gg)(2)(A))
    Under the statutory provisions adopted by EISA 2007, any such 
amendment must consider the most current versions of IEC Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' and IEC Standard 62087, ``Methods of measurement for the power 
consumption of audio, video, and related equipment.'' \1\ Id. At the 
time of the enactment of EISA 2007, the most current versions of these 
standards were IEC Standard 62301 (First Edition 2005-06) (IEC Standard 
62301 (First Edition)) 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 proposal.

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

[[Page 28807]]

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 (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) (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 noted in the July 2010 TP SNOPR 
that IEC Standard 62301 (CDV) contained proposed amendments to IEC 
Standard 62301 (First Edition), including new mode definitions based on 
those proposed in IEC Standard 62301 (Second Edition), Committee Draft 
2 (IEC Standard 62301 (CD2)) \2\ and which addressed comments received 
by interested parties in response to IEC Standard 62301 (CD2). As a 
result of this continued refinement on the basis of public comment to 
IEC during its test standards development process, 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.
---------------------------------------------------------------------------

    \2\ IEC Standard 62301 (CD2) was the draft version immediately 
preceding IEC Standard 62301 (CDV).
---------------------------------------------------------------------------

    DOE held a public meeting on September 16, 2010 (hereafter referred 
to as the September 2010 public meeting), to hear oral comments on and 
solicit information relevant to the July 2010 TP SNOPR. Interested 
parties remarked upon, among other things, covered products, 
incorporation of IEC Standard 62301 (First Edition), mode definitions, 
and testing procedures. On October 29, 2010, the IEC released a 
finalized draft version of IEC Standard 62301 (Second Edition), IEC 
Standard 62301 (FDIS).
    On March 9, 2011, DOE published an interim final rule (hereafter 
referred to as the March 2011 Interim Final Rule) amending the test 
procedures for microwave ovens. 76 FR 12825. The March 2011 Interim 
Final Rule incorporated by reference specific clauses from IEC Standard 
62301 (First Edition) regarding test conditions and testing procedures 
for measuring the average standby mode and average off mode power 
consumption into the microwave oven test procedure. DOE also 
incorporated into the microwave oven test procedure definitions of 
``active mode,'' ``standby mode,'' and ``off mode'' based on the 
definitions provided in IEC Standard 62301 (FDIS). DOE further adopted 
language to clarify the application of clauses from IEC Standard 62301 
(First Edition) for measuring standby mode and off mode power in the 
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 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).

II. Summary of the Supplemental Notice of Proposed Rulemaking

    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. As discussed in section I, DOE published the 
March 2011 Interim Final Rule to provide an opportunity for it to fully 
consider whether any changes should be made in light of publication of 
IEC Standard 62301 (Second Edition). Based upon the public comment 
received on the March 2011 Interim

[[Page 28808]]

Final Rule, DOE analyzed IEC Standard 62301 (Second Edition) for the 
November 2011 TP SNOPR. Today's SNOPR addresses comments received on 
the November 2011 TP SNOPR regarding coverage of additional microwave 
oven product types in the DOE test procedure. Comments on other topics 
received in response to the November 2011 TP SNOPR will be addressed in 
the subsequent final rule.
    In today's SNOPR, DOE proposes that for products combining a 
microwave oven with other appliance functionality (i.e., a product with 
a compartment incorporating microwave capability and one or more other 
components or appliance features that provide different functionality), 
the compartment incorporating microwave cooking would be considered a 
covered product under the definition of a microwave oven at 10 CFR 
430.2. DOE is therefore proposing in today's SNOPR provisions that 
would apportion the overall standby mode and off mode power in such 
``combined products'' among the microwave oven component and other 
components, and thus would determine the portion of the standby mode 
and off mode power associated specifically with the microwave oven 
component. For certain combined products that contain a microwave oven 
as one of its functional components, DOE is proposing specific values 
by which to apportion the standby mode and off mode power. However, the 
proposed amendments would 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 are not provided in the test 
procedure would also be required to submit information as to the 
appropriate values for their products.
    In addition, the proposed amendments in today's SNOPR would 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 newly designated section 1.12 to clarify the 
alternative use of metric units for various measurements and 
calculations in the definition of a standard cubic foot of gas for the 
conventional cooking products test procedure.
    For the reader's convenience, DOE has reproduced in this SNOPR the 
amendments proposed in the November 2011 TP SNOPR, further amended as 
appropriate according to today's proposal.
    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 standards for 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 whether this test procedure alters the measured efficiency as 
any standards are developed.

III. Discussion

A. Products Covered by This Test Procedure Rulemaking

    DOE defines ``microwave oven'' as a class of kitchen ranges and 
ovens which is a household cooking appliance consisting of a 
compartment designed to cook or heat food by means of microwave energy. 
10 CFR 430.2 In the March 2011 Interim Final Rule, DOE determined that 
this regulatory definition includes all ovens equipped with microwave 
capability, including 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). Note that 
in the March 2011 Interim Final Rule, DOE referred to such a product as 
a ``combination oven''. There is some confusion, however, among 
interested parties as to whether the convection features are required 
to be incorporated in the same cavity as the microwave capability. 
Further, in today's SNOPR, DOE proposes 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 
proposes in today's 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.
    As established in the March 2011 Interim Final Rule, the test 
procedure does not currently apply to the type of cooking appliance 
classified by DOE regulations as a microwave/conventional range, which 
has separate compartments or components consisting of a microwave oven, 
a conventional oven, and a conventional cooking top. 76 FR 12825, 12830 
(March 9, 2011). However, in the March 2011 Interim Final Rule, DOE's 
determination of products covered under this test procedure rulemaking 
did not specifically consider other combined products that could 
contain a microwave oven as one of its functional components.
    In response to the March 2011 Interim Final Rule, interested 
parties commented that the determination of covered products in the 
March 2011 Interim Final Rule is overly broad and unclear as to whether 
ranges with microwave capability would be included as covered products. 
Comments from interested parties further urged DOE to exclude a 
combined product consisting of a microwave oven, refrigerator/freezer, 
and two charging stations as a covered product for the DOE microwave 
oven test procedure. 76 FR 72332, 72336 (Nov. 23, 2011).
    DOE determined that it would consider further the comments 
regarding combined products in today's SNOPR. The following sections 
present DOE's initial proposals from the November 2011 TP SNOPR, 
discussion of comments from interested parties, and DOE's updated 
proposal for each category of product that combines a microwave oven 
with other appliance functionality.
1. Microwave/Conventional Ranges
    In the November 2011 TP SNOPR, DOE noted that 10 CFR 430.2 
additionally defines a microwave/conventional range as a class of 
kitchen ranges and ovens (distinct from a microwave oven) which is a 
household cooking appliance consisting of a microwave oven, a 
conventional oven, and conventional cooking top. Because DOE asserted 
in the March 2011 Interim Final Rule that the test procedure applies 
only to microwave ovens and not to microwave/conventional ranges, DOE 
reiterated in the November 2011 TP SNOPR the determination it made in 
the March 2011 Interim Final Rule that a free-standing range with 
microwave capability in one compartment and a conventional oven in a 
separate compartment would not be a covered product under this 
rulemaking. Additionally, DOE proposed in the November 2011 TP SNOPR 
that a range incorporating a single compartment with microwave 
capability and other

[[Page 28809]]

cooking or heating means, along with a conventional cooking top, would 
not be considered a covered product because the cooking top portion 
would exclude the range from the relevant portion of the definition of 
``microwave oven'' (e.g., a compartment designed to cook or heat food 
by means of microwave energy.) 76 FR 72332, 72336 (Nov. 23, 2011).
    In response to the November 2011 TP SNOPR, Whirlpool Corporation 
(Whirlpool) commented that it agreed that microwave/conventional ranges 
should not be considered covered products, but that this exclusion 
should not be limited to free-standing ranges. Whirlpool stated that 
other installation configurations, such as built-in products, should 
also be considered covered products. (Whirlpool, No. 33 at p. 1) \3\
---------------------------------------------------------------------------

    \3\ A notation in the form ``Whirlpool, No. 33 at p. 1'' 
identifies a written comment: (1) Made by Whirlpool Corporation; (2) 
recorded in document number 33 that is filed in the docket of the 
microwave oven test procedure rulemaking (Docket No. EERE-2008-BT-
TP-0011) and available for review at www.regulations.gov; and (3) 
which appears on page 1 of document number 33.
---------------------------------------------------------------------------

    In considering Whirlpool's comment, DOE believes that the 
definition of ``microwave/conventional range'' hinges on the appliance 
functionality provided by each of the components (i.e., microwave 
cooking, cooking in a conventional oven, and cooking on a conventional 
cooking top), rather than the installation configuration. Thus, DOE 
clarifies that an appliance need not be free-standing to be covered as 
a microwave/conventional range.
    DOE also notes that the definition of ``microwave oven'' includes a 
compartment that may heat food by means of electric resistance heating 
as well as by microwave energy, thereby providing the cooking function 
of a conventional oven. As a result, DOE believes that products covered 
under this rulemaking should include products that consist of a 
microwave oven, conventional oven, and conventional cooking top, as 
well as those products that consist only of a microwave oven and a 
conventional cooking top. DOE, therefore, proposes in today's 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. DOE also proposes to clarify in the 
definition of microwave/conventional range that the microwave oven and 
conventional oven are incorporated as separate compartments.
    Because a microwave/conventional range or microwave/conventional 
cooking top contains a microwave oven as one of its functional 
components, DOE now proposes 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 acknowledges that it had 
proposed in the November 2011 TP SNOPR that a microwave/conventional 
range should be excluded as a covered product on the basis of a 
regulatory definition separate from that of a microwave oven, but has 
reconsidered that position because 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.
2. Microwave/Conventional Ovens
    The regulatory definition of ``conventional oven'' is ``a class of 
kitchen ranges and ovens which is a household cooking appliance 
consisting of one or more compartments intended for the cooking or 
heating of food by means of either a gas flame or electric resistance 
heating. It does not include portable or countertop ovens which use 
electric resistance heating for the cooking or heating of food and are 
designed for an electrical supply of approximately 120 volts.'' 10 CFR 
430.2 Because this definition does not provide for the option of 
cooking or heating food by means of microwave energy, DOE concluded in 
the November 2011 TP SNOPR that a product comprising a single 
compartment that uses both radiant heat and microwave energy for 
cooking would be covered only under the definition of ``microwave 
oven,'' which includes convection microwave ovens \4\ (including those 
with radiant heating elements) regardless of which is considered the 
primary cooking mode, and would not be covered as a conventional 
cooking product. 76 FR 72332, 72336 (Nov. 23, 2011).
---------------------------------------------------------------------------

    \4\ In previous stages of this rulemaking, DOE referred to 
microwave ovens which incorporate convection features and any other 
means of cooking as a combination microwave oven. As discussed 
earlier in the section, DOE is now referring to such products as 
convection microwave ovens, and is using this terminology in today's 
SNOPR for clarity.
---------------------------------------------------------------------------

    In the November 2011 TP SNOPR, DOE acknowledged that the definition 
of ``microwave oven'' considers only a single compartment, while the 
definition of ``conventional oven'' allows for the possibility of one 
or more compartments. DOE believes that, for products that consist of 
multiple oven compartments but no integral cooking top portion, the 
compartment(s) that provide for cooking by means of microwave energy 
and any other cooking or heating means would be classified as microwave 
ovens, while the compartment(s) that cook or heat food by means of a 
gas flame or electric resistance heating without the use of microwave 
energy would be classified as conventional ovens. Id. at 72336-37.
    DOE did not provide specific methodology for such a ``microwave/
conventional oven'' in the November 2011 TP SNOPR, but noted that its 
regulations contain certain provisions allowing a manufacturer to seek 
a waiver from the test procedure requirements for covered consumer 
products if at least one of the following conditions is met: (1) The 
petitioner's basic model contains one or more design characteristics 
that prevent testing according to the prescribed test procedure, or (2) 
the prescribed test procedures may evaluate the basic model in a manner 
so unrepresentative of its true energy consumption characteristics as 
to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
    In response to the November 2011 TP SNOPR, Whirlpool stated that a 
cooking product with two separate compartments, one of which has 
microwave capability and the other which is a conventional oven, but 
with a single control panel, should be classified as either a microwave 
oven or a conventional oven. In Whirlpool's opinion, such a product 
should not be classified as a microwave oven because proprietary market 
research that it submitted to DOE demonstrates that the product is 
primarily used for conventional cooking. According to Whirlpool, the 
data show that the annual microwave oven energy use is 10 percent of 
the annual energy used by the conventional oven. Therefore, Whirlpool 
commented that the primary use under which the product should be tested 
is as a conventional oven. Whirlpool further commented that products 
with two compartments that can operate independently should have each 
compartment considered separately, with each compartment classified by 
its cooking energy source. (Whirlpool, No. 33 at p. 1)
    As discussed above, DOE reiterates its determination from the 
November 2011 TP SNOPR that the compartment(s) of a microwave/
conventional oven that provide for cooking by means of microwave energy 
and any other cooking or heating means would be classified as microwave 
ovens, while

[[Page 28810]]

the compartment(s) that cook or heat food by means of a gas flame or 
electric resistance heating without the use of microwave energy would 
be classified as conventional ovens. In considering this issue further, 
DOE believes that a cooking product with two separate compartments, one 
of which has microwave capability and the other which is a conventional 
oven, should be considered a covered product in this rulemaking, and 
for clarity and consistency with the existing regulatory definition of 
microwave/conventional range, proposes 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 
does not agree with Whirlpool's comment that microwave/conventional 
ovens with a single control panel should be classified as a 
conventional oven. DOE believes that for both microwave/conventional 
ovens with a single control panel and those with functional components 
that can operate independently, the microwave oven component would be 
considered a covered product under this rulemaking. As discussed in 
section III.C, DOE is proposing specific values by which to apportion 
the standby mode and off mode power for these combined products, 
regardless of whether such products use a single control panel or can 
be operated independently.
    For the same reasons as discussed above for microwave/conventional 
ranges and microwave/conventional cooking tops, DOE believes that the 
microwave oven component of a microwave/conventional oven 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 tentatively concludes 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.
3. Other Combined Products
    Consistent with its determination for microwave/conventional 
ranges, microwave conventional cooking tops, and microwave/conventional 
ovens, DOE further proposes that for all other products combining a 
microwave oven with other components providing appliance functionality, 
such as a microwave/refrigerator-freezer/charging station, the portion 
of the combined product which meets the definition of a microwave oven 
or convection microwave oven under 10 CFR 430.2 would be a covered 
product under the microwave oven test procedure.
    The methodology by which DOE proposes to measure the standby mode 
and off mode energy use of all combined products is discussed in 
section III.C of today's SNOPR.

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 would be 30 days after the date of publication of the 
final rule. DOE's amended test procedure regulations codified in the 
CFR would clarify, though, that the procedures and calculations adopted 
in the final rule need not be performed to determine compliance with 
energy conservation standards until compliance with any final rule 
establishing amended energy conservation standards for microwave ovens 
in standby mode and off mode is required. However, as of 180 days after 
publication of the final rule, any representations as to the standby 
mode and off mode energy consumption of the products that are the 
subject of this rulemaking will need to be based upon results generated 
under the applicable provisions of this test procedure. (42 U.S.C. 
6293(c)(2))

C. Specifications for the Test Methods and Measurements for Combined 
Products

    As discussed above 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 is proposing in today's SNOPR testing procedures 
specifically for such combined products. In particular, DOE proposes 
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 proposes specific standby mode apportionment factors 
for products that incorporate microwave ovens and conventional cooking 
products, based on the following testing and analysis. DOE measured the 
standby power of a representative sample of four conventional electric 
cooking tops, nine conventional built-in electric ovens, three 
conventional built-in gas ovens, eight over-the-range microwave-only 
ovens, and ten over-the-range convection microwave ovens, using today's 
proposed methodology. DOE selected over-the-range units as most 
representative of microwave ovens that would be incorporated in 
combined products. For each product type, DOE determined the average 
standby power, which includes the power consumption of the display as 
well as other components. DOE then determined the average standby power 
associated with the display only, using teardowns and component testing 
of a subsample of five of the convection microwave ovens. DOE believes 
that the complexity of the convection microwave oven displays would 
more closely approximate the displays of microwave/conventional ranges, 
microwave/conventional ovens, and other combined products than 
microwave-only units due to the multiple cooking modes of convection 
microwave units. The subsample included both vacuum fluorescent 
displays (VFDs) and touchscreen liquid crystal displays (LCDs), and the 
standby power associated with the displays were observed to range from 
0.75 to 1.96 watts (W), with an average of 1.41 W, as shown in Table 1.

 Table 1--Average Display Standby Power for Built-In and Over-the-Range
                       Convection Microwave Ovens
------------------------------------------------------------------------
                                                                 Display
                                                                 standby
            Configuration                    Display type         power
                                                                   (W)
------------------------------------------------------------------------
Over-the-Range.......................  LCD with Touch.........      1.88
Over-the-Range.......................  LCD with Touch.........      1.96
Over-the-Range.......................  VFD....................      0.75
Over-the-Range.......................  VFD....................      1.38
Over-the-Range.......................  VFD....................      1.10

[[Page 28811]]

 
    Average..........................  .......................      1.41
------------------------------------------------------------------------

    For the full sample of conventional ovens and microwave ovens, the 
average display standby power was subtracted from the average total 
standby power to obtain the standby power associated with components 
other than the display that would be attributed to the functionality of 
that particular product. No displays were incorporated in the cooking 
tops tested, and thus no display standby power was subtracted from the 
average for those products. Table 2 summarizes the average overall 
standby power measured for each product type, and, for conventional 
ovens and microwave ovens, the portion of that average that corresponds 
to components other than the display.

  Table 2--Average Standby Power for Conventional Cooking Top, Conventional Ovens, and Microwave Ovens With and
                                                Without a Display
----------------------------------------------------------------------------------------------------------------
           Conventional cooking top                    Conventional oven                  Microwave oven
----------------------------------------------------------------------------------------------------------------
                                    Standby                           Standby                          Standby
            Test unit              power (W)        Test unit        power (W)        Test unit       power (W)
----------------------------------------------------------------------------------------------------------------
Unit 1..........................         2.99  Unit 1.............         1.28  Unit 1............         4.19
Unit 2..........................         0.60  Unit 2.............         7.84  Unit 2............         4.37
Unit 3..........................         2.36  Unit 3.............         1.35  Unit 3............         4.50
Unit 4..........................         1.53  Unit 4.............         1.47  Unit 4............         4.59
                                  ...........  Unit 5.............         1.14  Unit 5............         4.14
                                  ...........  Unit 6.............         1.28  Unit 6............         6.65
                                  ...........  Unit 7.............         3.27  Unit 7............         3.37
                                  ...........  Unit 8.............         3.37  Unit 8............         1.77
                                  ...........  Unit 9.............        10.66  Unit 9............         3.67
                                  ...........  Unit 10............         2.04  Unit 10...........         3.78
                                  ...........  Unit 11............         8.20  Unit 11...........         4.45
                                               Unit 12............         3.73  Unit 12...........         3.15
                                                                                 Unit 13...........         0.89
                                                                                 Unit 14...........         5.14
                                                                                 Unit 15...........         4.13
                                                                                 Unit 16...........         3.40
                                                                                 Unit 17...........         4.48
                                                                                 Unit 18...........         2.84
  Average.......................         1.87    Average..........         3.80    Average.........         3.86
  Average Without Display.......         1.87    Average Without           2.39    Average Without          2.45
                                                  Display.                          Display.
----------------------------------------------------------------------------------------------------------------

    To obtain specific standby power apportionment factors for 
microwave/conventional ranges, DOE estimated Overall Standby Power = 
(Microwave Oven Standby Power without Display) + (Conventional Cooking 
Top Standby Power without Display) + (Conventional Oven Standby Power 
without Display) + (Display Standby Power). Because the display 
typically includes features such as a clock and timer, which can 
provide utility for each functional component of the microwave/
conventional range, the display standby power is assumed to be 
apportioned equally among each of the functional components. The 
standby apportionment factor (FSB) for each component would 
thus be:
    FSB = [(Standby Power of that Component without Display) 
+ (1/Number of Components) x (Display Standby Power)]/(Overall Standby 
Power), where the number of components would be two. DOE used a similar 
approach for microwave/conventional cooking tops, where the overall 
standby power was obtained from the sum of the microwave oven standby 
power without display, conventional cooking top standby power without 
display, and display standby power. In that case, the standby power 
apportionment factor would also be calculated using two as the number 
of components. Similarly, for microwave/conventional ovens, the overall 
standby power was obtained from the sum of the conventional oven 
standby power without display, microwave oven standby power without 
display, and display standby power, and the standby power apportionment 
factor would be calculated using two as the number of components. Table 
3 summarizes these calculations, and presents the resulting standby 
power apportionment factors for each of the functional components. DOE 
proposes to use the microwave oven standby power apportionment factors 
in its test procedure for these products.

[[Page 28812]]

 Table 3--Standby Power Apportionment Factors for Microwave/Conventional Ranges and Microwave/Conventional Ovens
----------------------------------------------------------------------------------------------------------------
                                                             Microwave/         Microwave/
                                                            conventional       conventional        Microwave/
                                                               range           cooking top     conventional oven
----------------------------------------------------------------------------------------------------------------
Standby Power (W):
    Cooking Top Portion................................               1.87               1.87  .................
    Oven Portion.......................................               2.39  .................               2.39
    Microwave Oven Portion.............................               2.45               2.45               2.45
    Display............................................               1.41               1.41               1.41
    Total with Display.................................               8.12               5.73               6.25
Standby Apportionment Factor (%):
    Cooking Top Portion................................                29%                45%  .................
    Oven Portion.......................................                35%  .................                50%
    Microwave Oven Portion.............................                36%                55%                50%
----------------------------------------------------------------------------------------------------------------

    DOE had insufficient data on cooking tops, ovens, and microwave 
ovens capable of operating in off mode to conduct a similar analysis 
for off mode apportionment factors, due to the limited number of 
products capable of operation in such a mode. DOE estimates, however, 
that components in microwave/conventional ranges, microwave/
conventional cooking tops, and microwave/conventional ovens that would 
be energized in off mode would be equally applicable to each of the 
functional components. Thus, DOE estimates that any off mode power 
consumption should be evenly apportioned among the components, meaning 
that the apportionment factors would be a function solely of the number 
of components in the product, i.e., FO = (1/Number of 
Components). Thus, FO for the microwave portion would be 50 
percent for microwave/conventional ovens and microwave/conventional 
cooking tops, and 33 percent for microwave/conventional ranges.
    DOE seeks information and comments on these proposed standby mode 
and off mode apportionments. DOE also proposes that manufacturers could 
provide information to DOE to determine alternative apportionment 
values for specific models of microwave/conventional ranges, microwave/
conventional cooking tops, and microwave/conventional ovens. In 
addition, manufacturers of other combined products that incorporate a 
microwave oven, including a combination microwave/refrigerator-freezer/
charging station would be required to provide such information on 
appropriate apportionment values for determining the standby mode and 
off mode power of the microwave oven portion.

D. Compliance With Other EPCA Requirements

    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, 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.
    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, DOE is proposing in 
today's notice 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. 
Because the proposed test procedure would require the same measurement 
methodology for all covered products, with the additional application 
of an apportionment factor for combined products, DOE concludes 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. In a subsequent final rule to follow, DOE will 
address Whirlpool's comments on the test burden associated with the 
proposed use of IEC Standard 62301 (Second Edition), the power 
measurement requirements, and the use of a manufacturer-determined 
stabilization period at the start of standby power testing for 
microwave ovens with clocks.

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).

[[Page 28813]]

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 (IFRA) 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 (www.gc.doe.gov). DOE reviewed today's SNOPR 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.
    The proposed rule would amend DOE's test procedure for microwave 
ovens by incorporating testing provisions to address standby mode and 
off mode energy use in these products, including the microwave oven 
portion of combined products. The test procedure amendments involve 
measuring power input when the product is in standby mode or off mode, 
and in the case of combined products, apportioning the measured power 
to the microwave oven portion. Because manufacturers are not currently 
required to conduct energy testing for microwave ovens, there could be 
additional facilities and equipment costs required by the proposed 
rule. DOE notes that the small business submitted data to DOE on 
standby power consumption of its products, indicating that it may 
already have facilities and equipment that meet the proposed 
requirements. In addition, an Internet search of equipment that 
specifically meets the proposed requirements reveals a cost of 
approximately $2,000. This cost is small compared to the overall 
financial investment needed to undertake the business enterprise of 
testing and developing consumer products which involves facilities, 
qualified staff, and specialized equipment. Based on its review of 
industry data,\5\ DOE estimates that the small business has annual 
revenues of approximately $22 million.
---------------------------------------------------------------------------

    \5\ Annual revenues estimate based on financial data obtained 
from Hoover's Inc., available online at www.hoovers.com.
---------------------------------------------------------------------------

    For these reasons, DOE continues to certify that the proposed 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 seeks comment on the 
updated certification set forth above, and 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 proposed 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 proposed rule would amend the existing test 
procedures without affecting the amount, quality or distribution of 
energy usage, and, therefore, would 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

[[Page 28814]]

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 has examined this proposed rule and has determined that it 
would 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 proposed rule. States can petition DOE for exemption 
from such preemption to the extent, and based on criteria, set forth in 
EPCA. (42 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, 
the proposed 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 proposed 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 (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 www.gc.doe.gov. DOE examined today's proposed 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. 
This rule would 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 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 proposed 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 proposed 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 proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's regulatory 
action to amend the test procedure for measuring the energy efficiency 
of microwave ovens 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.

[[Page 28815]]

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 proposed 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 
SNOPR.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will not be publicly viewable except for your 
first and last names, organization name (if any), and submitter 
representative name (if any). If your comment is not processed properly 
because of technical difficulties, DOE will use this information to 
contact you. If DOE cannot read your comment due to technical 
difficulties and cannot contact you for clarification, DOE may not be 
able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section 
below.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and are free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties on (1) its tentative determination that all products 
which combine a microwave oven with other appliance functionality are 
covered products for the purposes of the microwave oven test procedure; 
(2) the proposed approach to apportion the standby power of a combined 
product among the

[[Page 28816]]

microwave oven and other functional portions; (3) the proposed 
apportionment values for microwave/conventional ovens, microwave 
conventional cooking tops, and microwave/conventional ranges; and (4) 
DOE's proposal to allow manufacturers of microwave/conventional ovens, 
microwave/conventional cooking tops, and microwave/conventional ranges 
to submit alternate values with supporting data, and to require such an 
approach for other combined products.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
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.

    Dated: Issued in Washington, DC, on May 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of title 10 of the Code of Federal Regulations, as 
set forth below:

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

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

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

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

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

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

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

    4. Section 430.2 is amended by:
    a. Revising the definition of ``Microwave/conventional range''; and
    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.
* * * * *
    5. Section 430.3 is amended by revising paragraph (m)(2) to read as 
follows:

Sec.  430.3  Materials incorporated by reference.

* * * * *
    (m) * * *
    (2) IEC Standard 62301 (``IEC 62301''), Household electrical 
appliances-Measurement of standby power (Edition 2.0, 2011-01), IBR 
approved for Appendix J2 and Appendix I to Subpart B.
* * * * *
    6. Appendix I to Subpart B of Part 430 is amended:
    a. By revising the note after the heading;
    b. In section 1. Definitions:
    1. By revising section 1.6;
    2. By redesignating sections 1.7 through 1.14 as sections 1.8 
through 1.15;
    3. By revising newly designated sections 1.12 and 1.15; and
    3. By adding section 1.7;
    c. In section 2. Test Conditions, by revising sections 2.1, 2.1.3, 
2.2.1.1, 2.2.1.2, 2.5.1, 2.5.2, 2.6, and 2.9.1.3 and adding sections 
2.1.4, 2.1.4.1, and 2.1.4.2;
    d. In section 3. Test Methods and Measurements, by revising 
sections 3.1.1, 3.1.1.1, 3.1.2, 3.1.3, 3.1.3.1, 3.2.3; and 3.3.13, and 
adding sections 3.1.3.2, 3.2.4, and 3.3.14; and
    e. In section 4. Calculation of Derived Results From Test 
Measurements, by revising section 4.3 and adding sections 4.3.1, 4.3.2, 
and 4.3.3.
    The revisions and additions 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 related to standby mode and off mode 
energy consumption of these products made after [date 180 days after 
date of publication of the test procedure final rule in the Federal 
Register] must be based upon results generated under this test 
procedure, consistent with the requirements of 42 U.S.C. 6293(c)(2). 
After July 1, 2010, however, when DOE adopts an energy conservation 
standard that incorporates standby mode and off mode energy 
consumption, and upon the compliance date for such standards, 
compliance with the applicable provisions of this test procedure 
will also be required. Future revisions may add relevant provisions 
for measuring active mode in microwave ovens.

1. Definitions

* * * * *
    1.6 IEC 62301 First Edition refers to the test standard 
published by the International Electrotechnical Commission, titled 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 (first edition June 2005) (incorporated by 
reference, see Sec.  430.3).
    1.7 IEC 62301 Second Edition refers to the test standard 
published by the International Electrotechnical Commission, titled 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 Edition 2.0 2011-01 (incorporated by reference, 
see Sec.  430.3).
* * * * *
    1.12 Standard cubic foot (or liter (L)) of gas means that 
quantity of gas that occupies

[[Page 28817]]

1 cubic foot (or alternatively expressed in 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).
* * * * *
    1.15 Symbol usage. The following identity relationships are 
provided to help clarify the symbology used throughout this 
procedure.

A--Number of Hours in a Year
B--Number of Hours Pilot Light Contributes to Cooking
C--Specific Heat
E--Energy Consumed
Eff--Cooking Efficiency
F--Power Apportionment Factor
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 Installation. A free-standing kitchen range shall be 
installed with the back directly against, or as near as possible to, 
a vertical wall which extends at least 1 foot above and on either 
side of the appliance. There shall be no side walls. A drop-in, 
built-in or wall-mounted appliance shall be installed in an 
enclosure in accordance with the manufacturer's instructions. These 
appliances are to be completely assembled with all handles, knobs, 
guards and the like mounted in place. Any electric resistance 
heaters, gas burners, baking racks, and baffles shall be in place in 
accordance with the manufacturer's instructions; however, broiler 
pans are to be removed from the oven's baking compartment. For 
conventional ovens and conventional cooking tops, and for active 
mode testing of the conventional oven or conventional cooking top 
portion of a microwave/conventional oven, microwave/conventional 
cooking top, or microwave/conventional range, disconnect any 
electrical clock which uses energy continuously, except for those 
that are an integral part of the timing or temperature controlling 
circuit. Do not disconnect or modify the circuit to any other 
electrical devices or features.
* * * * *
    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.
    2.1.4 Microwave/conventional ovens, microwave conventional 
cooking tops, and microwave/conventional ranges.
    2.1.4.1 Active mode. For testing other than for standby mode and 
off mode power, these products shall be connected to an electrical 
supply circuit with voltage as specified in section 2.2.1 of this 
appendix with a watt-hour meter installed in the circuit. The watt-
hour meter shall be as described in section 2.9.1.1 of this 
appendix.
    2.1.4.2 Standby mode and off mode. For testing standby mode and 
off mode power, install the product 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 product 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, microwave/
conventional oven, microwave/conventional cooking top, and 
microwave/conventional range 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). 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.
* * * * *
    2.5.1 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, conventional cooking tops, 
microwave/conventional ovens, microwave/conventional cooking tops, 
and microwave/conventional ranges, 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 
of this appendix.
    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 1.8 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). 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

* * * * *
    3.1.1 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 1.8 and described in 
section 2.6 of this appendix. 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 1.8 and described in 
section 2.6 of this appendix. 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

[[Page 28818]]

average time recommended by the manufacturer for a moderately soiled 
oven.
* * * * *
    3.1.2 Conventional cooking top. Establish the test conditions 
set forth in section 2, ``TEST CONDITIONS,'' of this appendix. 
Adjust any pilot lights of a conventional gas cooking top in 
accordance with the manufacturer's instructions and turn off the gas 
flow to the conventional oven(s), if so equipped. The temperature of 
the conventional cooking top shall be its normal nonoperating 
temperature as defined in section 1.8 and described in section 2.6 
of this appendix. 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, microwave/conventional oven, microwave 
oven/conventional cooking top, and microwave/conventional range.
    3.1.3.1 Microwave oven test standby mode and off mode power. 
Establish the testing conditions set forth in section 2, ``TEST 
CONDITIONS,'' of this appendix. For microwave ovens that drop from a 
higher power state to a lower power state as discussed in section 5, 
paragraph 5.1, Note 1 of IEC 62301 (Second Edition) (incorporated by 
reference; see 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 1.13 and 1.9 of this appendix, 
respectively, or both, test the microwave oven in each mode in which 
it can operate.
    3.1.3.2 Microwave/conventional oven, microwave/conventional 
cooking top, and microwave/conventional range standby mode and off 
mode power. For standby mode and off mode power testing of the 
microwave oven portion of the microwave/conventional oven, 
microwave/conventional cooking top, or microwave/conventional range, 
follow the procedure established in section 3.1.3.1 of this 
appendix. If the product has separate displays for the microwave 
oven and conventional oven, conventional cooking top, or 
conventional range portions, in which power varies as a function of 
the displayed time in standby mode, follow the procedure in section 
3.1.3.1 of this appendix for each clock simultaneously.
* * * * *
    3.2.3 Microwave oven test standby mode and off mode power. Make 
measurements as specified in section 5, paragraph 5.3 of IEC 62301 
(Second Edition) (incorporated by reference; see 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 of this 
appendix. If the microwave oven is capable of operating in off mode, 
measure the average off mode power of the microwave oven, 
PO, as specified in section 3.1.3.1 of this appendix.
    3.2.4 Microwave/conventional oven, microwave/conventional 
cooking top, and microwave/conventional range 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/conventional oven, 
microwave/conventional cooking top, or microwave/conventional range 
is capable of operating in standby mode, measure the average standby 
mode power of the combined product, PSBC, in watts as 
specified in section 3.1.3.2 of this appendix. If the microwave/
conventional oven, microwave/conventional cooking top, or microwave/
conventional range is capable of operating in off mode, measure the 
average off mode power of the combined product, POC, as 
specified in section 3.1.3.2 of this appendix.
* * * * *
    3.3.13 Record the average standby mode power, PSB, 
for the microwave oven standby mode, as determined in section 3.2.3 
of this appendix for a microwave oven capable of operating in 
standby mode. Record the average off mode power, PO, for 
the microwave oven off mode power test, as determined in section 
3.2.3 of this appendix for a microwave oven capable of operating in 
off mode.
    3.3.14 Record the average standby mode power, PSBC, 
for the microwave/conventional oven, microwave/conventional cooking 
top, or microwave/conventional range standby mode, as determined in 
section 3.2.4 of this appendix for a microwave/conventional oven, 
microwave/conventional cooking top, or microwave/conventional range 
capable of operating in standby mode. Record the average off mode 
power, POC, for the microwave/conventional oven, 
microwave/conventional cooking top, or microwave/conventional range 
off mode power test, as determined in section 3.2.4 of this appendix 
for a microwave oven capable of operating in off mode.

4. Calculation of Derived Results From Test Measurements

* * * * *
    4.3 Combined components.
    4.3.1 Combined conventional cooking products. The annual energy 
consumption of a conventional range, e.g. a conventional cooking top 
and conventional oven combined, shall be the sum of the annual 
energy consumption of each of its components. The annual energy 
consumption for other combinations of conventional ovens and 
conventional cooking tops will also be treated as the sum of the 
annual energy consumption of each of its components. The energy 
factor of a combined component is the sum of the annual useful 
cooking energy output of each component divided by the sum of the 
total annual energy consumption of each component.
    4.3.2 Microwave/conventional oven, microwave/conventional 
cooking top, and microwave/conventional range. Calculate the average 
standby mode power, PSB, for the microwave oven portion 
of the microwave/conventional oven, microwave/conventional cooking 
top, or microwave/conventional range capable of operating in standby 
mode, in watts, defined as:

PSB = PSBC x FSBM

Where:

PSBC = the average standby mode power for the microwave/
conventional oven, microwave/conventional cooking top, or microwave/
conventional range as determined in section 3.3.14 of this appendix.
FSBM = the power apportionment factor for the microwave 
oven portion of the average standby mode power for the microwave/
conventional oven, microwave/conventional cooking top, or microwave/
conventional range = 0.50 for microwave/conventional ovens, 0.55 for 
microwave/conventional cooking tops, and 0.36 for microwave/
conventional ranges. Alternatively, manufacturers may submit data to 
DOE that DOE may use to permit a different value of FSBM 
for that particular model of microwave/conventional oven, microwave/
conventional cooking top, or microwave/conventional range.

    Calculate the average off mode power, PO, for the 
microwave oven portion of the microwave/conventional oven, 
microwave/conventional cooking top, or microwave/conventional range 
capable of operating in off mode, in watts, defined as:

PO = POC x FOM

Where:

POC = the average off mode power for the microwave/
conventional oven, microwave/conventional cooking top, or microwave/
conventional range as determined in section 3.3.14 of this appendix.
FOM = the power apportionment factor for the microwave 
oven portion of the average off mode power for the microwave/
conventional oven, microwave/conventional cooking top, or microwave 
conventional range = 0.50 for microwave/conventional ovens and 
microwave/conventional cooking tops, and 0.33 for microwave/
conventional ranges. Alternatively, manufacturers may submit data to 
DOE that DOE may use to permit a different value of FOM 
for that particular model of microwave/conventional oven, microwave/
conventional cooking top, or microwave/conventional range.

    4.3.3 Other combined products. For products that combine a 
microwave oven

[[Page 28819]]

with appliance functionality other than cooking or heating food, the 
average standby power, PSB, and average off mode power, 
PO, of the microwave oven portion shall be determined as 
for microwave/conventional ovens, microwave/conventional cooking 
tops, and microwave/conventional ranges, except that manufacturers 
must submit data to DOE that DOE shall use to determine the values 
of the apportionment factors, FSBM and FOM, as 
defined in section 4.3.2 of this appendix, for that particular model 
of combined product.

[FR Doc. 2012-11730 Filed 5-15-12; 8:45 am]
BILLING CODE 6450-01-P
```