37954 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

1 DOE’s regulations define kitchen ranges and 

ovens, or ‘‘cooking products’’, as one of the 

following classes: Conventional ranges, 

conventional cooking tops, conventional ovens, 

microwave ovens, microwave/conventional ranges 

and other cooking products. (10 CFR 430.2) Based 

on this definition, DOE interprets kitchen ranges 

and ovens to refer more generally to all types of 

cooking products including, for example, 

microwave ovens. 

Issued in Washington, DC, on June 25, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2015–16342 Filed 7–1–15; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–TP–0013] 

RIN 1904–AC71 

Energy Conservation Program: Test 

Procedures for Conventional Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On December 3, 2014, the 

U.S. Department of Energy (DOE) issued 

a supplemental notice of proposed 

rulemaking (SNOPR) to amend the test 

procedures for conventional cooking 

products. The oven-related procedures 

proposed in that rulemaking serve as the 

basis for this final rule. As part of the 

SNOPR, DOE proposed to incorporate 

methods for measuring conventional 

oven volume, clarified that the existing 

oven test block must be used to test all 

ovens regardless of input rate, and 

proposed a method to measure the 

energy consumption of conventional 

ovens equipped with an oven separator. 

Additionally, DOE proposed technical 

corrections to the units of measurement 

in certain calculations. This final rule 

amends the current procedure to 

include the proposed changes listed 

above, as well as clarifications to certain 

definitions, that will take effect 30 days 

after the final rule publication date. 

These changes will be mandatory for 

product testing to demonstrate 

compliance with any new or amended 

energy conservation standards when 

they take effect and for representations 

of the energy consumption of 

conventional ovens starting 180 days 

after publication. 

DATES: The effective date of this rule is 

August 3, 2015. The final rule changes 

will be mandatory for product testing 

starting December 29, 2015. The 

incorporation by reference of certain 

publications listed in this rule was 

approved by the Director of the Federal 

Register as of August 3, 2015. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

A link to the docket Web page can be 

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

#!docketDetail;D=EERE-2012-BT-TP0013 . This Web page will contain a link 

to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT:

Ms. Ashley Armstrong, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, EE–2J, 

1000 Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 586–6590. Email: 

ashley.armstrong@ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule incorporates by reference into part 

430 the following industry standard: 

AHAM OV–1–2011, (‘‘AHAM OV– 

1’’), Procedures for the Determination 

and Expression of the Volume of 

Household Microwave and 

Conventional Ovens, (2011). 

Copies of AHAM standard can be 

purchased from the Association of 

Home Appliance Manufacturers, 1111 

19th Street NW., Suite 402, Washington 

DC 20036, 202–872–5955, or 

www.aham.org. 

This AHAM standard is discussed 

further in section III.D. 

Table of Contents 

I. Authority and Background 

A. General Test Procedure Rulemaking 

Process 

B. Test Procedures for Cooking Products 

C. The January 2013 NOPR 

D. The December 2014 SNOPR 

E. Conventional Cooking Top Active Mode 

Test Procedures 

II. Summary of the Final Rule 

III. Discussion 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act of 1975 (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 

Efficiency Improvement Act of 2015, 

Public Law 114–11 (Apr. 30, 2015). 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, as codified), 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ These include 

cooking products,1 and specifically 

consumer conventional ovens, the 

subject of this document. (42 U.S.C. 

6292(a)(10)) 

Under EPCA, the energy conservation 

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 as the basis for (1) certifying to DOE 

that their products comply with the 

applicable energy conservation 

standards adopted under EPCA, and (2) 

making representations about the 

efficiency of those products. Similarly, 

DOE must use these test procedures to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

A. General Test Procedure Rulemaking 

Process 

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

the criteria and procedures DOE must 


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2For more information on the EnergyGuide 

labeling program, see: www.access.gpo.gov/nara/

cfr/waisidx_00/16cfr305_00.html. 

3The term surface unit refers to burners for gas 

cooking tops, electric resistance heating elements 

for electric cooking tops, and inductive heating 

elements for induction cooking tops. 

4A notation in the form ‘‘AHAM, No. 14 at p. 1’’ 

identifies a written comment (1) made by AHAM; 

(2) recorded in document number 14 that is filed 

in the docket of this cooking products test 

procedures rulemaking (Docket No. EERE–2012– 

BT–TP–0013) and maintained in the Resource 

Room of the Building Technologies Program; and 

(3) which appears on page 1 of document number 

14. 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

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

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

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

6293(b)(2)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

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

6293(e)(1)) 

This final rule fulfills, in part, DOE’s 

obligation to periodically review its test 

procedures under 42 U.S.C. 

6293(b)(1)(A). DOE anticipates that its 

next evaluation of this test procedure for 

conventional ovens will occur in a 

manner consistent with the timeline set 

out in this provision. 

B. Test Procedures for Cooking Products 

DOE’s test procedures for 

conventional ranges, conventional 

cooking tops, conventional ovens, and 

microwave ovens are codified at 

appendix I to subpart B of Title 10 of the 

Code of Federal Regulations (CFR) part 

430 (Appendix I). 

DOE established the test procedures 

in a final rule published in the Federal 

Register on May 10, 1978. 43 FR 20108, 

20120–20128. DOE revised its test 

procedures for cooking products to more 

accurately measure their efficiency and 

energy use, and published the revisions 

as a final rule in 1997. 62 FR 51976 

(Oct. 3, 1997). These test procedure 

amendments included: (1) A reduction 

in the annual useful cooking energy; (2) 

a reduction in the number of selfcleaning oven cycles per year; and (3) 

incorporation of portions of 

International Electrotechnical 

Commission (IEC) Standard 705–1988, 

‘‘Methods for measuring the 

performance of microwave ovens for 

household and similar purposes,’’ and 

Amendment 2–1993 for the testing of 

microwave ovens. Id. The test 

procedures for conventional cooking 

products establish provisions for 

determining estimated annual operating 

cost, cooking efficiency (defined as the 

ratio of cooking energy output to 

cooking energy input), and energy factor 

(defined as the ratio of annual useful 

cooking energy output to total annual 

energy input). 10 CFR 430.23(i); 

Appendix I. These provisions for 

conventional cooking products are not 

currently used for compliance with any 

energy conservation standards because 

the present standards are design 

requirements, and there is not an 

EnergyGuide 2 labeling program for 

cooking products. 

DOE subsequently conducted a 

rulemaking to address standby and off 

mode energy consumption, as well as 

certain active mode testing provisions, 

for dishwashers, dehumidifiers, and 

conventional cooking products. DOE 

published a final rule on October 31, 

2012 (77 FR 65942, hereinafter referred 

to as the October 2012 Final Rule), 

adopting standby and off mode 

provisions that satisfy the EPCA 

requirement that DOE include measures 

of standby mode and off mode energy 

consumption in its test procedures for 

residential products, if technically 

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

C. The January 2013 NOPR 

On January 30, 2013, DOE published 

a NOPR (78 FR 6232, hereinafter 

referred to as the January 2013 NOPR) 

proposing amendments to Appendix I 

that would allow for measuring the 

active mode energy consumption of 

induction cooking products; i.e., 

conventional cooking tops and ranges 

equipped with induction heating 

technology for one or more surface 

units 3 on the cooking top. DOE 

proposed to incorporate induction 

cooking tops by amending the definition 

of ‘‘conventional cooking top’’ to 

include induction heating technology. 

Furthermore, DOE proposed to require 

for all cooking tops the use of test 

equipment compatible with induction 

technology. Specifically, DOE proposed 

to replace the solid aluminum test 

blocks currently specified in the test 

procedure for cooking tops with hybrid 

test blocks comprising two separate 

pieces: An aluminum body and a 

stainless steel base. In the January 2013 

NOPR, DOE also proposed amendments 

to include a clarification that the test 

block size be determined using the 

smallest dimension of the electric 

surface unit. 78 FR 6232 (Jan. 30, 2013). 

D. The December 2014 SNOPR 

On December 3, 2014, DOE published 

a supplemental NOPR (SNOPR) (79 FR 

71894, hereinafter referred to as the 

December 2014 SNOPR), modifying its 

proposal from the January 2013 NOPR 

to more accurately measure the energy 

efficiency of induction cooking tops. 

DOE proposed to add a layer of thermal 

grease between the stainless steel base 

and aluminum body of the hybrid test 

block to facilitate heat transfer between 

the two pieces. DOE also proposed 

additional test equipment for electric 

surface units with large diameters (both 

induction and electric resistance) and 

gas cooking top burners with high input 

rates. 79 FR 71894 (Dec. 3, 2014). In 

addition, DOE proposed methods to test 

non-circular electric surface units, 

electric surface units with flexible 

concentric cooking zones, and fullsurface induction cooking tops. Id. 

Furthermore, DOE proposed to 

incorporate methods for measuring 

conventional oven volume, clarify that 

the existing oven test block must be 

used to test all ovens regardless of input 

rate, and provide a method to measure 

the energy consumption and efficiency 

of conventional ovens equipped with an 

oven separator. Id. 

E. Conventional Cooking Top Active 

Mode Test Procedures 

DOE received a number of comments 

from interested parties on the cooking 

top active mode test procedure 

proposed in the December 2014 SNOPR. 

The majority of comments stated that 

additional analysis was necessary before 

establishing a test procedure for 

conventional cooking tops. AHAM 

requested an extension of the comment 

period for the December 2014 SNOPR, 

citing the difficulty its members had 

procuring the specified test equipment 

materials. Therefore, AHAM stated, 

many manufacturers were not able to 

properly assess the new specifications, 

testing variation, repeatability, and 

reproducibility of the proposed test 

procedure before the comment period 

closed. (AHAM, No. 14 at p. 1) 4 AHAM 

also expressed concern with DOE’s 

choice to pursue an accelerated 

rulemaking schedule for cooking 

products, stating that the rulemaking 

schedule did not allow for a thorough 

technical examination. AHAM asked 


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DOE to seek additional input from 

interested parties on the December 2014 

SNOPR and commented that the 

proposed cooking top test procedure 

may result in technical problems. 

(AHAM, No. 18 at pp. 1–2) 

BSH Home Appliances Corporation 

(BSH) and General Electric Appliances 

(GE) stated that delays associated with 

acquiring the hybrid test block materials 

necessitated additional time for them to 

evaluate DOE’s proposal. (BSH, No. 16 

at p. 2; GE, No. 17 at p. 1) BSH 

commented that the proposed hybrid 

test block method did not include 

certain specifications necessary for test 

procedure reproducibility, such as test 

load sizing and positioning, and 

recommended that DOE consider the 

specifications in International 

Electrotechnical Commission (IEC) 

Standard 60350–2 Edition 2, 

‘‘Household electric appliances—Part 2: 

Hobs—Method for measuring 

performance’’ (IEC Standard 60350–2). 

(BSH, No. 16 at p. 1) Further, AHAM, 

BSH, and GE suggested that DOE specify 

additional test block diameters because 

these commenters asserted that the 

proposed test block sizes do not 

adequately reflect surface unit sizes 

currently available on the market. (BSH, 

No. 16 at p. 5; GE, No. 17 at p 2; AHAM, 

No. 18 at p. 2) 

Interested parties also expressed a 

significant number of concerns with the 

use of thermal grease. GE noted that 

since receiving DOE’s proposal, it has 

not been able to replicate the DOE test 

results using the methods described. 

(GE, No. 17 at p. 2) Specifically, GE 

observed during its testing that the 

aluminum body slid off the stainless 

steel base, the thermal grease dried out, 

and the amount of grease between the 

blocks changed from one test to another. 

(GE, No. 17 at p. 2) AHAM, BSH, and 

GE requested that DOE specify an 

operating temperature range for the 

thermal grease as well as an application 

thickness, but also noted that the 

thermal conductivity and viscosity of 

the grease may change over time or after 

repeated use at high temperatures. 

(BSH, No. 16 at p. 11; GE, No. 17 at p. 

2; AHAM, No. 18 at p. 3) GE further 

commented that the variation 

introduced by the hybrid test block due 

to the inability to reliably maintain the 

specified flatness, thermal grease, and 

inadequate sizing, may be small 

individually, but collectively result in a 

test procedure that cannot reliably 

discern efficiency differences between 

similar products, alternate technology 

options, and product classes. Thus, GE 

believes the proposal for conventional 

cooking tops in the December 2014 

SNOPR results in too much variability 

to serve as the basis for establishing a 

standard. (GE, No. 17 at p. 3) 

The California IOUs also stated that 

they prefer an alternative to the hybrid 

test block and recommended that DOE 

require water-heating test methods to 

measure the cooking efficiency of 

conventional cooking tops. Specifically, 

the California IOUs requested that DOE 

align the residential cooking product 

test methods with existing industry test 

procedures, such as American Society 

for Testing and Materials (ASTM) 

standard F1521–12, Standard Test 

Methods for Performance of Range Tops, 

and IEC Standard 60350–2, Household 

electric cooking appliances—Part 2: 

Hobs—Methods for measuring 

performance. (California IOUs, No. 19 at 

p. 1) The California IOUs commented 

that they plan to conduct additional 

testing to better characterize the 

differences between the water-heating 

and hybrid test block test procedures, 

and will provide these results to DOE. 

According to the California IOUs, the 

differences in test procedure standard 

deviation between the hybrid test block 

and water-heating test method as 

presented in the December 2014 SNOPR 

did not sufficiently show that the hybrid 

test block method is more repeatable 

than a water-heating method. (California 

IOUs, No. 19 at p. 2) Additionally, the 

California IOUs believe cooking 

efficiencies derived using a waterheating test method are more 

representative of the actual cooking 

performance of cooking tops as opposed 

to a test procedure using hybrid test 

blocks, since many foods prepared on 

cooktops have relatively high liquid 

content. (California IOUs, No. 19 at p. 1) 

In February and March of 2015, DOE 

conducted a series of interviews with 

manufacturers of conventional cooking 

products representing the majority of 

the U.S. market to discuss key issues 

with the proposed cooking top test 

procedure. Manufacturers agreed that 

the hybrid test block method, as 

proposed, presented many issues which 

had not yet been addressed, and which 

left the repeatability and reproducibility 

of the test procedure in question. These 

concerns were similar to those 

expressed in written comments but were 

received from a larger group of 

manufacturers and included: 

• Difficulty obtaining the hybrid test 

block materials; 

• Difficulty obtaining and applying 

the thermal grease without more 

detailed specifications (i.e., thermal 

conductivity alone was not sufficient to 

identify a grease that performed 

according to DOE’s descriptions in the 

December 2014 SNOPR); 

• Difficulty testing induction cooking 

tops that use different programming 

techniques to prevent overheating (some 

manufacturers observed that power to 

the heating elements cut off prematurely 

during testing with the hybrid test block 

even after adding thermal grease); and 

• The need for larger test block sizes 

to test electric surface units having 12- 

inch and 13-inch diameters and gas 

surface units with high input rates. 

Interviewed manufacturers that 

produce and sell products in Europe 

uniformly supported the use of a waterheating test method and harmonization 

with IEC Standard 60350–2 for 

measuring the energy consumption of 

electric cooking tops. These 

manufacturers cited the benefits of 

adopting a test method similar to the 

IEC water-heating method as including: 

(1) Compatibility with all electric 

cooking top types, (2) additional test 

vessel diameters to account for the 

variety of surface unit sizes on the 

market, and (3) the test load’s ability to 

represent a real-world cooking top load. 

After reviewing public comments and 

information received during 

manufacturer interviews, as well as 

performing additional analyses, DOE 

concluded that further study is required 

before a cooking top test procedure can 

be established that produces test results 

which measure energy use during a 

representative average use cycle, is 

repeatable and reproducible, and is not 

unduly burdensome to conduct. For 

these reasons, this final rule addresses 

test methods for conventional ovens 

only, including conventional ovens that 

are a part of conventional ranges. This 

final rule also addresses minor technical 

corrections to existing calculations and 

definitions in Appendix I for both 

conventional cooking tops and ovens. 

DOE plans to address test procedures 

for cooking tops in a separate 

rulemaking in order to consider any 

additional data and information that 

will allow it to further conduct the 

analysis of cooking tops, particularly 

when using a water-heating method to 

evaluate energy consumption. As part of 

that rulemaking, DOE will carefully 

consider and address remaining cooking 

top-related comments on the December 

2014 SNOPR. 

II. Summary of the Final Rule 

This final rule amends the current 

DOE test procedure for conventional 

ovens. These changes will primarily 

clarify the manner in which to test for 

compliance with potential energy 

conservation standards for conventional 

ovens. The final rule establishes that the 

existing oven test block should be used 

to test all ovens, including ovens having 


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5The term surface unit refers to burners for gas 

cooking tops, electric resistance heating elements 

for electric cooking tops, and inductive heating 

elements for induction cooking tops. 

input rates greater than 22,500 British 

thermal units per hour (Btu/h). The final 

rule additionally amends the current 

DOE test procedure to include test 

methods for conventional ovens 

equipped with an oven separator. 

Conventional ovens equipped with an 

oven separator shall be tested in each 

possible oven configuration (i.e., full 

oven cavity, upper cavity, and lower 

cavity), with the results averaged. 

Because Appendix I does not 

currently contain a measure of 

conventional oven volume, the final 

rule incorporates by reference in the 

DOE test procedure the relevant sections 

of AHAM Standard OV–1–2011 

‘‘Procedures for the Determination and 

Expression of the Volume of Household 

Microwave and Conventional Ovens’’ 

(AHAM–OV–1–2011) for determining 

conventional oven cavity volume. As 

part of its rulemaking that is considering 

amended standards for conventional 

ovens, DOE proposed standards as a 

function of oven cavity volume. 

Additionally, this final rule is 

clarifying the current definitions for 

‘‘freestanding’’ and ‘‘built-in’’ 

installation configurations. Because the 

manufacturer instructions of some 

conventional ovens state the oven can 

be used in either a freestanding or builtin configuration, this final rule is 

clarifying that ovens with this option be 

tested in the built-in configuration, as 

ovens designed to be used in a built-in 

configuration incorporate fan-only mode 

for thermal management, and the energy 

consumption of these products is likely 

higher than for comparable ovens 

designed for use only in a freestanding 

configuration. Furthermore, the final 

rule is clarifying the term ‘‘self-cleaning 

operation’’ when referring to an oven’s 

self-cleaning process. The existing test 

procedure in Appendix I does not 

include an explicit definition, although 

section 3 of Appendix I, Test Methods 

and Measurements, requires 

measurement of self-cleaning operation. 

Finally, the final rule includes 

technical corrections to the calculation 

of derived results from test 

measurements in section 4 of Appendix 

I. Section 4 contains a number of 

references to incorrect units of 

measurement and an incorrect value for 

the annual useful cooking energy output 

for gas cooking tops. The final rule also 

restores headings for sections 4.2 and 

4.2.1 in Appendix I regarding the 

calculations for conventional cooking 

tops, which were inadvertently removed 

in the October 2012 Final Rule. 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

As discussed in section I of this final 

rule, section 6292(a)(10) of EPCA covers 

kitchen ranges and ovens, or ‘‘cooking 

products.’’ DOE’s regulations define 

‘‘cooking products’’ as consumer 

products that are used as the major 

household cooking appliances. They are 

designed to cook or heat different types 

of food by one or more of the following 

sources of heat: Gas, electricity, or 

microwave energy. Each model may 

consist of a horizontal cooking top 

containing one or more surface units 5

and/or one or more heating 

compartments. Cooking products 

include the following classes: 

Conventional ranges, conventional 

cooking tops, conventional ovens, 

microwave ovens, microwave/

conventional ranges and other cooking 

products. (10 CFR 430.2) In this final 

rule, DOE is addressing test procedures 

for conventional ovens. 

DOE notes that conventional ranges 

are defined in 10 CFR 430.2 as a class 

of kitchen ranges and ovens which is a 

household cooking appliance, 

consisting of a conventional cooking top 

and one or more conventional ovens. 

Because ranges consist of both a cooking 

top and at least one oven, any potential 

cooking top energy conservation 

standard or oven energy conservation 

standard would apply to each of these 

cooking systems individually. Thus, the 

test procedures presented in this final 

rule also apply to the oven portion of a 

conventional range. 

As part of the previous energy 

conservation standards rulemaking for 

conventional cooking products, DOE 

decided not to analyze conventional gas 

cooking products with higher burner 

input rates, including products 

marketed as ‘‘commercial-style’’ or 

‘‘professional-style,’’ in its consideration 

of energy conservation standards due to 

a lack of available data for determining 

the efficiency characteristics of those 

products. At the time, DOE considered 

commercial-style ovens to be gas ovens 

with burner input rates greater than 

22,500 Btu/h. 74 FR 16040, 16054 (Apr. 

8, 2009); 72 FR 64432, 64444–64445 

(Nov. 15, 2007). In the December 2014 

SNOPR, DOE noted that the current 

definitions for ‘‘conventional oven’’ and 

‘‘conventional range’’ in 10 CFR 430.2 

already cover conventional gas ovens 

with higher input rates (including 

commercial-style gas ovens), as these 

products are household cooking 

appliances with compartments intended 

for the cooking or heating of food by 

means of a gas flame. 

Sub-Zero Group, Inc. (Sub-Zero) 

commented that DOE’s findings based 

on manufacturer feedback in the 

previous energy conservation standards 

rulemaking are still relevant. 

Specifically, the small market size, the 

limited energy savings potential, and 

the lack of energy consumption data for 

ovens with high input rates are reasons 

to exclude these products from 

coverage. (Sub-Zero, No. 20 at pp. 2, 3) 

Sub-Zero further commented that ‘‘high 

performance’’ is a better descriptor of 

cooking products with high input rates 

rather than ‘‘commercial-style,’’ noting 

that the ‘‘high performance’’ segment 

appeals to consumers demanding 

restaurant-style cooking performance in 

their homes. (Sub-Zero, No. 20 at p. 2) 

Sub-Zero suggested that high 

performance (i.e., ‘‘commercial-style’’) 

products be defined as cooking products 

that offer residential consumers 

restaurant-quality performance at a 

safety and convenience level that is 

acceptable for residential use. (SubZero, No. 20 at p. 2) 

DOE excluded ‘‘commercial-style’’ 

conventional gas ovens from its analysis 

in the previous energy conservation 

standards rulemaking due to a lack of 

available data for determining efficiency 

characteristics of those products. 74 FR 

16040, 16054 (Apr. 8, 2009); 72 FR 

64432, 64444–64445 (Nov. 15, 2007). As 

discussed in section III.C of this final 

rule, DOE conducted testing in support 

of the December 2014 SNOPR that 

demonstrated that the existing 

conventional oven test procedure is 

appropriate for ovens with high input 

rates. Additionally, DOE is not aware of 

any data or test procedures that 

establish whether a conventional oven 

with burner input rates greater than 

22,500 Btu/h delivers ‘‘restaurantquality performance’’ as compared to an 

oven with burner input rates lower than 

22,500 Btu/h. Furthermore, through 

testing, reverse engineering analyses, 

and discussions with manufacturers 

conducted in support of the concurrent 

energy conservation standards 

rulemaking for cooking products, DOE 

determined that the primary 

differentiation between conventional 

gas ovens with lower burner input rates 

and those with higher input rates, 

including those marketed as 

commercial-style, was design and 

construction related to aesthetics rather 

than improved cooking performance. 

Some examples of design and 

construction related features include 


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6For ovens that can be operated with or without 

forced convection, the average of the energy 

consumption for these two modes is used. For selfclean mode, the test procedure in Appendix I assumes an average of 4 self-cleaning operations per 

year. 

heavier gauge cavity walls, extra interior 

support structure for heavier gauge 

racks, and ball-bearing extension racks. 

These features add to the overall 

thermal mass that must be heated 

during the baking process but do not 

necessarily improve cooking 

performance. 

For these reasons, DOE notes in this 

final rule that the current definitions for 

‘‘conventional oven’’ and ‘‘conventional 

range’’ in 10 CFR 430.2 already cover 

conventional gas ovens with higher 

input rates (including commercial-style 

gas ovens), as these products are 

household cooking appliances with 

compartments intended for the cooking 

or heating of food by means of a gas 

flame. 

B. Effective Date 

The amended test procedure becomes 

effective 30 days after this test 

procedure final rule is published in the 

Federal Register. Pursuant to EPCA, 

manufacturers of covered products must 

use the applicable test procedure as the 

basis for determining that their products 

comply with the applicable energy 

conservation standards adopted 

pursuant to EPCA and for making 

representations about the efficiency of 

those products. (42 U.S.C. 6293(c); 42 

U.S.C. 6295(s)) Beginning 180 days after 

publication of this test procedure final 

rule, representations related to the 

energy consumption of conventional 

ovens must be based upon results 

generated under the applicable 

provisions of the amended test 

procedure in Appendix I. (42 U.S.C. 

6293(c)(2)) 

C. Gas Ovens With Input Rates Greater 

Than 22,500 Btu/h 

Because DOE is considering in a 

separate rulemaking energy 

conservation standards for conventional 

ovens, including gas ovens with high 

input rates, DOE evaluated the 

appropriateness of the existing test 

methods in Appendix I for use with 

conventional gas ovens that have burner 

input rates greater than 22,500 Btu/h. In 

the December 2014 SNOPR, DOE 

proposed that the existing test methods 

in Appendix I should be used to test 

ovens with high input rates, including 

gas ovens marketed as commercial-style. 

79 FR 71916 (December 3, 2014). 

The current active mode test 

procedure for conventional ovens 

involves setting the temperature control 

for the normal baking cooking cycle 

such that the temperature inside the 

oven is 325 ± 5 degrees Fahrenheit (°F) 

higher than the room ambient air 

temperature (77 ± 9 °F). An 8.5-pound 

(6.25-inch diameter) cylindrical 

anodized aluminum test block is then 

heated in the oven from ambient room 

air temperature ± 4 °F until the test 

block temperature has increased 234 °F 

above its initial temperature. If an oven 

permits baking by either forced 

convection by using a fan, or without 

forced convection, the oven is tested 

using the procedure described above in 

each of those two cooking modes. After 

the baking test(s), if the oven is 

equipped with a self-cleaning function, 

the self-cleaning process is initiated in 

accordance with the manufacturer’s 

instruction and allowed to run until 

completion. The measured energy 

consumption during these test cycles is 

used to calculate the oven’s cooking 

efficiency and integrated annual energy 

consumption (IAEC).6

DOE’s review of the gas oven cavity 

volumes currently available on the U.S. 

market indicated that there is significant 

overlap in oven cavity volume between 

products marketed as standard, 

residential-styleovens and those 

marketed as commercial-style ovens. 

The primary differentiating factor 

between the two oven types was burner 

input rate, which is greater than 22,500 

Btu/h for most commercial-style gas 

ovens. In the December 2014 SNOPR, 

DOE investigated the effect of increasing 

oven test block size on oven cooking 

efficiency. DOE sought to determine 

whether a larger test block would 

provide a more representative measure 

of cooking efficiency at higher input 

rates. DOE also sought to determine 

whether the smaller block was 

inadequate to properly measure the 

efficiency of commercial-style ovens. In 

its testing, DOE found that while 

cooking efficiency increased with the 

larger test block, it scaled by 

approximately the same factor for all 

ovens tested regardless of a particular 

oven’s input rate or cavity volume, or 

whether the oven was marketed as 

residential-style or commercial-style. 

The relative ranking of cooking 

efficiency for ovens with high input 

rates as compared to ovens with input 

rates lower than 22,500 Btu/h did not 

change with increased test block size. 

This suggested that thermal losses are 

large enough in comparison to the heat 

absorbed by either sized test block that 

they account for much of the additional 

oven energy input for ovens with high 

input rates. Thus, the thermal losses 

from the cavity are driven largely by 

input rate alone and do not change 

greatly with increased test block size. 79 

FR 71915–71916 (December 3, 2014). 

Sub-Zero stated that the proposed test 

procedure does not accurately measure 

the performance and efficiency of the 

larger, higher-output components. (Sub 

Zero, No. 20 at p. 2) Additionally, SubZero commented that an analysis based 

largely on 30-inch wide gas or electric 

ranges cannot adequately evaluate the 

very different performance attributes 

offered by high-performance products 

which are essential to consumer utility. 

(Sub-Zero, No. 20 at p. 2) Thus, SubZero believes that DOE’s conclusion that 

the existing test procedure in Appendix 

I is appropriate for ovens with high 

input rates is incorrect. (Sub-Zero, No. 

20 at p. 3) Sub-Zero requested that high 

performance products be exempted 

until adequate further analysis is 

conducted such that these products can 

be accurately and fairly evaluated. (Sub 

Zero, No. 20 at p. 3) 

In support of the December 2014 

SNOPR and in support of the parallel 

energy conservation standards 

rulemaking for conventional ovens, DOE 

tested eight conventional gas ovens that 

were selected to capture a range of 

design features that might impact 

performance, including infrared 

broilers, convection fans, and hidden 

bake elements. The basic design features 

and measured IAEC are shown in Table 

III–1. The test sample included 30-inch 

wide models as well as models with 

widths greater than 30 inches. DOE 

observed that many of the same features 

found in gas ovens marketed as 

commercial-style were also available in 

ovens marketed as residential-style. By 

comparing the design features and the 

measured energy consumption of the 

ovens in its test sample, DOE 

determined that the major 

differentiation between conventional 

gas ovens with lower burner input rates 

and those with higher input rates, 

including those marketed as 

commercial-style, was design and 

construction related to aesthetics rather 

than improved cooking performance. 

Available information also indicates 

that the high thermal mass of products 

marketed as commercial-style likely 

lead to a low oven cooking efficiency 

and require higher oven input rates to 

compensate for the heat lost to the 

cavity. 


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TABLE III–1—GAS OVEN FEATURES IN DOE TEST SAMPLE

Test unit 

No. Type Installation configuration 

Burner 

input rate 

(Btu/h) 

Unit width 

(in.) 

Cavity 

volume 

(ft3) 

Ignition type 

Hidden 

bake element 

(Y/N) 

Convection 

(Y/N) 

Normalized 

IAEC † 

(kBtu/yr) 

1 .............. Standard .......... Freestanding ... 18,000 30 4.8 Spark ............... Y N 1234.2 

2 .............. Standard .......... Freestanding ... 18,000 30 4.8 Glo-bar ............ Y N 1396.5 

3 .............. Self-Clean ........ Freestanding ... 18,000 30 5.0 Glo-bar ............ Y Y 1269.0 

4 .............. Standard .......... Freestanding ... 16,500 30 4.4 Glo-bar ............ Y N 1495.2 

5 .............. Self-Clean ........ Built-in ............. 13,000 24 2.8 Glo-bar ............ Y N 1492.9 

6 * ............ Standard .......... Freestanding ... 28,000 36 5.3 Glo-bar ............ Y Y 1864.5 

7 * ............ Standard .......... Slide-in ............ 27,000 30 4.4 Glo-bar ............ Y Y 1916.5 

8 * ............ Standard .......... Freestanding ... 30,000 36 5.4 Glo-bar ............ Y Y 2079.3 

* Models are marketed as commercial style. 

† Measured IAEC normalized to a fixed cavity volume of 4.3 ft3. 

DOE also investigated the time it took 

each oven in its sample to heat the test 

block to the required final temperature 

of 234 °F above its initial temperature. 

As shown in Table III–2, gas ovens with 

burner input rates greater than 22,500 

Btu/h do not heat the test block 

significantly faster than the ovens with 

lower burner input rates, and two out of 

the three units with the higher burner 

input rates took longer than the average 

time to heat the test block. 

TABLE III–2—GAS OVEN TEST TIMES

Unit Product class 

Burner input 

rate 

(Btu/h) 

Bake time for 

the test block 

to reach 234 

°F above initial 

temp 

(minutes 

(min)) 

Difference in 

time from avg. 

(min) 

1 .................. Standard ............................................................................................................. 18,000 43.6 ¥3.8 

2 .................. Standard ............................................................................................................. 18,000 43.6 ¥3.8 

3 .................. Self-Clean .......................................................................................................... 18,000 47.2 ¥0.2 

4 .................. Standard ............................................................................................................. 16,500 44.9 ¥2.5 

5 .................. Self-Clean .......................................................................................................... 13,000 48.9 1.5 

6 .................. Standard * ........................................................................................................... 28,000 48.9 1.5 

7 .................. Standard * ........................................................................................................... 27,000 45.4 ¥2.0 

8 .................. Standard * ........................................................................................................... 30,000 57.2 9.8 

Average ............................................................................................................................ ........................ 47.4 ........................

* Test units 6, 7, and 8 are marketed as commercial-style ovens. 

Considering the testing results and 

analysis described above, and because 

interested parties did not provide data 

or information to support the assertion 

that the performance of conventional 

ovens with input rates greater than 

22,500 Btu/h as compared to ovens with 

lower input rates cannot be accurately 

measured using the existing test 

procedure, DOE maintains in this final 

rule that the existing test block and 

existing conventional oven test method 

are appropriate to test conventional 

ovens with input rates greater than 

22,500 Btu/h. 

D. Incorporating by Reference AHAM– 

OV–1–2011 for Determination of the 

Volume of Conventional Ovens 

As discussed in section I of this final 

rule, DOE has initiated a rulemaking to 

determine whether to amend the current 

energy conservation standards for 

conventional ovens. As part of that 

rulemaking, DOE has proposed 

standards as a function of oven cavity 

volume. 

In the December 2014 SNOPR, DOE 

proposed to amend section 3.1.1 of 

Appendix I to incorporate by reference 

the industry test standard AHAM–OV– 

1–2011, which includes a method for 

determining oven cavity volume. DOE 

proposed to incorporate section 3, 

‘‘Definition,’’ section 5.1, ‘‘General 

Principles,’’ and section 5.2 ‘‘Overall 

Volume’’ of AHAM–OV–1–2011, as 

these sections provide a repeatable and 

reproducible method to measure cavity 

dimensions and calculate overall 

volume by including clear definitions of 

oven characteristics and tolerances for 

dimensional measurements. 79 FR 

71916 (December 3, 2014). Section 5.1 

of AHAM–OV–1–2011 specifies that if 

depressions or cutouts exist in the 

cavity wall, dimensions are taken from 

the plane representing the largest area of 

the surface. Section 5.1 of AHAM–OV– 

1–2011 also specifies that oven lights, 

racks, and other removable features 

shall be ignored in the overall volume 

calculation, and the volume of nonrectangular cavities is calculated by 

measuring the rectangular portion of the 

cavity and non-rectangular cavity 

separately and adding their volumes 

together. 

AHAM–OV–1–2011 also includes a 

measurement of the oven’s usable space, 

which is the volume inside the oven 

cavity available for the placement of 

food, but DOE did not propose to 

incorporate this measurement in 

Appendix I. The usable space is ovenspecific and determined by measuring 

either the size of the cavity door 

aperture or the distance between 

barriers, racks, and rack supports inside 

the cavity or on the cavity walls. The 

lesser of these dimensions is used to 

calculate the volume of the usable 

space. 

Although DOE did not receive any 

public comments on its proposal to 


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37960 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

7For multiple ovens, Appendix I specifies that 

the energy consumption and cooking efficiency be 

calculated as the average of each individual oven. 

8 DOE pursued amendments to Appendix I 

addressing standby and off mode energy for 

microwave ovens as part of a separate rulemaking. 

The final rule for this microwave oven rulemaking 

published on January 18, 2013. 78 FR 4015. 

incorporate the overall cavity volume 

measurement described in section 5.1 

and 5.2 of AHAM–OV–1–2011, one 

manufacturer commented during 

interviews conducted in February and 

March of 2015 that DOE should instead 

consider incorporating the usable space 

measurement described in section 5.3 of 

AHAM–OV–1–2011. The manufacturer 

cited difficulty in determining the plane 

representing the largest area of the 

cavity wall surface, and also stated that 

the oven test procedure used by 

National Resources Canada (NRCan) 

bases its energy efficiency regulations 

on the volume of usable oven space and 

not overall cavity volume. 

DOE notes that during February and 

March 2105 manufacturer interviews 

conducted to discuss the December 

2014 SNOPR, the majority of 

manufacturers confirmed that the cavity 

volume currently published in 

marketing materials and product 

literature typically represents overall 

cavity volume. DOE does not believe 

that requiring this measurement will 

place additional burden on 

manufacturers. Manufacturers already 

provide exterior dimensions in the 

installation instructions and may also be 

able to use the configuration and 

dimensions of indentions in the oven 

cavity walls provided in engineering 

drawings to determine the plane 

representing the largest area of the 

cavity wall surface. Incorporating a 

cavity measurement into Appendix I 

would, in most circumstances, add only 

the three additional measurements of 

cavity height, width, and depth. 

Furthermore, DOE believes the overall 

cavity volume measurement provides a 

more accurate representation of the 

relationship between cavity volume and 

cooking efficiency as measured by the 

DOE test procedure in Appendix I. Any 

mass in the overall cavity volume 

outside of the usable space is heated 

during the bake cycle, contributes to the 

thermal mass, and thus impacts the 

cooking efficiency of the oven. 

For the reasons discussed above, DOE 

amends in this final rule section 3.1.1 of 

Appendix I to incorporate by reference 

Sections 3, 5.1, and 5.2 of AHAM–OV– 

1–2011 for measuring the overall oven 

cavity volume. 

E. Conventional Oven Separator 

In the December 2014 SNOPR, DOE 

observed one conventional electric oven 

equipped with an oven separator on the 

U.S. market that allows for cooking 

using the entire oven cavity in the 

absence of the separator or, if the 

separator is installed, splitting the oven 

into two smaller cavities that may be 

operated individually with independent 

temperature controls. DOE proposed to 

test conventional ovens equipped with 

an oven separator in each possible oven 

configuration (i.e., full oven cavity, 

upper cavity, and lower cavity) with the 

cooking efficiency and total annual 

energy consumption averaged. DOE 

noted that while the current test 

procedure in Appendix I includes 

provisions for measuring the energy 

consumption and cooking efficiency of 

single ovens and multiple (separate) 

ovens,7 it does not include provisions 

for how to test a single oven that can be 

configured as a full oven or as two 

separate smaller cavities. 79 FR 71916– 

71917 (December 3, 2014). 

During the subsequent manufacturer 

interviews, several manufacturers 

commented that without an easy or 

convenient way to store the separator, 

consumers would rarely use the feature. 

One manufacturer suggested that DOE 

consider applying a consumer usage 

factor to the oven separator when 

calculating annual energy consumption 

instead of using an equally-weighted 

average. 

DOE is not aware of any consumer 

usage data indicating how often 

consumers might use an oven separator 

in each configuration. Additionally, 

DOE notes that the annual energy 

consumption of conventional ovens 

having multiple, permanent cavities of 

different volumes are currently averaged 

with an equal weighting in the existing 

oven test procedure in Appendix I. 

Therefore, DOE has no basis to adopt a 

weighted average of cooking efficiency 

and annual energy consumption as part 

of the test procedure for ovens equipped 

with an oven separator. In this final 

rule, DOE amends the oven test 

procedure in Appendix I to require the 

test of conventional ovens equipped 

with an oven separator in each possible 

oven configuration and to calculate 

cooking efficiency and annual energy 

consumption as an equal average of the 

results measured in each configuration. 

F. Standby and Off Mode Test 

Procedure 

EPCA requires that DOE amend its 

test procedures for all covered consumer 

products, including conventional ovens, 

to include measures of standby mode 

and off mode energy consumption, if 

technically feasible. (42 U.S.C. 

6295(gg)(2)(A)) Accordingly, DOE 

conducted a rulemaking for 

conventional cooking products, 

dishwashers, and dehumidifiers to 

address standby and off mode energy 

consumption.8 In the October 2012 

Final Rule, DOE addressed standby 

mode and off mode energy 

consumption, as well as active mode 

fan-only operation, for conventional 

cooking products. 77 FR 65942 (Oct. 31, 

2012). 

DOE noted in the December 2014 

SNOPR that because conventional gas 

ovens with higher input rates are 

covered under the definition of 

‘‘cooking products’’ in 10 CFR 430.2, 

these products are covered by the 

standby and off mode test procedures 

discussed above. During testing of 

conventional ovens with both standard 

and higher input rates in its test sample, 

DOE did not observe any standby mode 

or off mode operation or features unique 

to these products that would warrant 

any changes to the standby mode and 

off mode test methods. 79 FR 71917 

(December 3, 2014). Because DOE 

received no comments objecting to these 

findings, this final rule does not amend 

the standby mode and off mode test 

methods currently specified in 

Appendix I section 3.1. 

G. Technical Corrections to the 

Calculation of Derived Results From 

Test Measurements 

DOE did not receive comments on its 

proposal to correct the units of 

measurement in section 4 of Appendix 

I nor did DOE receive comments on its 

correction of the integrated energy factor 

for conventional electric cooking tops, 

IRCT. In this final rule, DOE corrects the 

following sections of Appendix I to 

reference the appropriate units: 

4.1.2.1.1, 4.1.2.2.1, 4.1.2.4.3, 4.1.2.5.3, 

4.1.4.1, 4.1.4.2, 4.2.1.2, 4.2.2.2.1, and 

4.2.2.2.2. DOE also corrects the value of 

the annual useful cooking energy 

output, OCT, used to calculate IRCT, to 

173.1 kWh per year. 

H. Headings for Conventional Cooking 

Top Calculations 

DOE did not receive comments on its 

proposal in the December 2014 SNOPR 

to restore headings to section 4.2 

‘‘Conventional cooking top,’’ and 

section 4.2.1, ‘‘Surface unit cooking 

efficiency’’ in Appendix I to 

appropriately describe these sections. 

Therefore DOE has included these 

modifications in this final rule. 

I. Clarifying Definitions for Freestanding 

and Built-In Ovens 

Appendix I contains definitions for 

various cooking product installation 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37961 

conditions and specifies that the unit 

under test must be installed in an 

enclosure in accordance with the 

manufacturer’s instructions. The test 

procedure in Appendix I currently 

defines ‘‘freestanding’’ as an installation 

configuration where the product is not 

supported by surrounding cabinetry, 

walls, or other similar structures. A 

‘‘built-in’’ installation condition means 

the product is supported by surrounding 

cabinetry, walls, or other similar 

structures. ‘‘Drop-in’’ means the product 

is supported by horizontal surface 

cabinetry. During interviews after 

publication of the December 2014 

SNOPR, manufacturers commented that 

the current definitions for 

‘‘freestanding,’’ ‘‘built-in,’’ and ‘‘dropin’’ should be amended. Specifically, 

manufacturers noted that some 

conventional ovens and conventional 

ranges are designed to be used in both 

a freestanding or built-in configuration, 

and that it is currently unclear in which 

configuration the oven should be tested. 

During its testing, DOE observed that 

built-in ovens consume energy in fanonly mode, whereas freestanding ovens 

do not. The additional energy required 

to exhaust air from the oven cavity is 

necessary to meet safety-related 

temperature requirements for built-in 

installation configurations, in which the 

oven is enclosed in cabinetry. Because 

built-in ovens consume additional 

energy in fan-only mode, as part of 

DOE’s ongoing energy conservation 

standards rulemaking for conventional 

ovens, DOE has proposed to establish 

separate product classes for built-in and 

freestanding ovens using the definitions 

provided in Appendix I. 80 FR 33030, 

33045–46 (June 10, 2015). DOE also 

recognizes that the current definition of 

built-in configurations does not 

adequately describe the installation 

conditions that require built-in ovens to 

have a separate fan assembly and fanonly mode. 

In this final rule, DOE is clarifying 

that conventional ovens or ranges that 

may be used in either a freestanding or 

built-in configuration are to be tested in 

the built-in configuration to account for 

any additional energy-consumption 

related to fan-only mode in this 

configuration. DOE is also clarifying 

that the definition of built-in means the 

product is enclosed in surrounding 

cabinetry, walls, or other similar 

structures on at least three sides. 

J. Clarifying Definitions for Oven SelfCleaning Operation 

The existing test procedure in 

Appendix I does not include a 

definition for the self-cleaning operation 

or self-cleaning process of conventional 

ovens, although it specifies the 

measurement energy consumption 

during self-cleaning operation in section 

3 Test Methods and Measurements. The 

existing test procedure specifies setting 

the conventional oven’s self-cleaning 

process in accordance with the 

manufacturer’s instructions, and if the 

self-cleaning process is adjustable, using 

the average time recommended by the 

manufacturer for a moderately soiled 

oven. DOE is clarifying in the final rule 

that self-cleaning operation is an active 

mode not intended to heat or cook food 

that is user-selectable, separate from the 

normal baking mode, and dedicated to 

cleaning and removing cooking deposits 

from the oven cavity walls. 

K. Compliance With Other EPCA 

Requirements 

EPCA requires that any new or 

amended test procedures for consumer 

products must be reasonably designed 

to produce test results which measure 

energy efficiency, energy use, or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use, and 

must not be unduly burdensome to 

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

As part of the December 2014 SNOPR, 

DOE tentatively concluded that the 

amended test procedures would 

produce test results that measure the 

energy consumption of conventional 

ovens during representative use, and 

that the test procedures would not be 

unduly burdensome to conduct. 79 FR 

71917–71918 (Dec. 3, 2014). 

As discussed in section III.C of this 

document, the final rule amends the test 

procedure for gas ovens to require that 

the existing test block be used for all 

ovens, including ovens with high input 

rates. DOE does not expect any increase 

in testing burden compared to the 

existing test procedure, since these tests 

follow the same methodology, use the 

same test equipment, and can be 

conducted in the same facilities used for 

the current energy testing of 

conventional ovens. As discussed in 

section III.D of this document, the final 

rule also incorporates by reference 

AHAM–OV–1–2011 for measuring the 

overall oven cavity volume. DOE 

estimates that it would take on the order 

of one-half to one hour to conduct the 

cavity volume measurement for a single 

oven, and $50 to $100 per test for labor. 

Additionally, because manufacturers 

may already be using the AHAM 

procedure to measure oven cavity 

volume, DOE does not anticipate this 

measurement to be unduly burdensome 

to conduct. As discussed in section III.E 

of this document, the final rule amends 

the test procedure so that conventional 

ovens equipped with an oven separator 

are tested in each possible oven 

configuration. DOE notes, based on its 

testing, that this may add two oven tests 

for the additional cavity configurations, 

and add approximately $2,750 for labor. 

DOE does not believe this additional 

cost represents an excessive burden for 

test laboratories or manufacturers given 

the significant investments necessary to 

manufacture, test and market consumer 

appliances. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that test 

procedure rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

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

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of an initial regulatory flexibility 

analysis (IFRA) for any rule that by law 

must be proposed for public comment 

and a final regulatory flexibility analysis 

for any such rule that an agency adopts 

as a final rule, unless the agency 

certifies that the rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. As required by Executive Order 

13272, ‘‘Proper Consideration of Small 

Entities in Agency Rulemaking,’’ 67 FR 

53461 (August 16, 2002), DOE 

published procedures and policies on 

February 19, 2003 to ensure that the 

potential impacts of its rules on small 

entities are properly considered during 

the DOE rulemaking process. 68 FR 

7990. DOE has made its procedures and 

policies available on the Office of the 

General Counsel’s Web site: http://

energy.gov/gc/office-general-counsel. 

DOE reviewed this final rule under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. The final rule clarifies that the 

existing test method for ovens is 

applicable to gas ovens with higher 

input rates. The final rule also includes 

a test method for conventional ovens 

with oven separators and incorporates 

by reference a test method to measure 

oven cavity volume. 


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37962 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

The Small Business Administration 

(SBA) considers a business entity to be 

a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers or earns 

less than the average annual receipts 

specified in 13 CFR part 121. The 

threshold values set forth in these 

regulations use size standards and codes 

established by the North American 

Industry Classification System (NAICS) 

that are available at: http://

www.sba.gov/sites/default/files/files/

Size_Standards_Table.pdf. The 

threshold number for NAICS 

classification code 335221, titled 

‘‘Household Cooking Appliance 

Manufacturing,’’ is 750 employees; this 

classification includes manufacturers of 

residential conventional ovens. 

Most of the manufacturers supplying 

conventional ovens are large 

multinational corporations. DOE 

surveyed the AHAM member directory 

to identify manufacturers of 

conventional ovens and conventional 

ranges. DOE then consulted publiclyavailable data, purchased company 

reports from vendors such as Dun and 

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 are 

seven small businesses that manufacture 

conventional ovens and conventional 

ranges subject to the proposed test 

procedure amendments. 

For the reasons stated in the 

preamble, DOE has concluded that the 

final rule would not have a significant 

impact on small manufacturers under 

the applicable provisions of the 

Regulatory Flexibility Act. The final 

rule clarifies that DOE’s existing test 

procedures in Appendix I for 

conventional ovens are applicable to 

conventional ovens with higher input 

rates. These tests follow the same 

methodology, use the same test 

equipment, and can be conducted in the 

same facilities used for the current 

energy testing of conventional ovens, so 

there would be no additional facility 

costs required by the final rule. 

Additionally, the incorporation by 

reference of AHAM–OV–1–2011 to 

measure oven cavity volume and the 

addition of a test method to measure 

conventional ovens with an oven 

separator will not significantly impact 

small manufacturers under the 

applicable provisions of the Regulatory 

Flexibility Act. DOE estimates a cost of 

$4,500 for an average small 

manufacturer to measure the cavity 

volume of all of its product offerings 

which is only 0.03 percent of the 

average annual revenue of the seven 

identified small businesses. This 

estimate assumes $100 per test as 

described in section III.K of this notice, 

with up to 44 tests per manufacturer. 

Additionally, no small conventional 

oven manufacturer, as defined by the 

SBA, offers a product with an oven 

separator. 

For these reasons, DOE concludes and 

certifies that this final rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE has transmitted 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 conventional 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 conventional 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 conventional ovens. 76 FR 

12422 (March 7, 2011). The collectionof-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. In an application to 

renew the OMB information collection 

approval for DOE’s certification and 

recordkeeping requirements, DOE 

included an estimated burden for 

manufacturers of conventional ovens. 

OMB has approved the revised 

information collection for DOE’s 

certification and recordkeeping 

requirements through November 30, 

2017. 80 FR 5099 (January 30, 2015). 

DOE estimated that it will take each 

respondent approximately 30 hours 

total per company per year to comply 

with the certification and recordkeeping 

requirements based on 20 hours of 

technician/technical work and 10 hours 

clerical work to submit the Compliance 

and Certification Management System 

templates. This rulemaking would 

include recordkeeping requirements on 

manufacturers that are associated with 

executing and maintaining the test data 

for this equipment. DOE recognizes that 

recordkeeping burden may vary 

substantially based on company 

preferences and practices. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE amends its test 

procedure for conventional ovens. DOE 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR part 

1021. Specifically, this rule amends an 

existing rule without affecting the 

amount, quality or distribution of 

energy usage, and, therefore, will not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A5 under 10 CFR 

part 1021, subpart D, which applies to 

any rulemaking that interprets or 

amends an existing rule without 

changing the environmental effect of 

that rule. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE 

examined this final rule and determined 

that it will not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37963 

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 this final 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, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

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

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at http://

energy.gov/gc/office-general-counsel. 

DOE examined this final rule according 

to UMRA and its statement of policy 

and determined that the rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

final rule will not have any impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

this final rule under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; FEAA) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed 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. 


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37964 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

The proposed modifications to the 

test procedures addressed by this action 

incorporate testing methods contained 

in the AHAM OV–1–2011 standard, 

‘‘Procedures for the Determination and 

Expression of the Volume of Household 

Microwave and Conventional Ovens.’’ 

DOE has evaluated this standard and is 

unable to conclude whether this 

industry standard fully complies with 

the requirements of section 32(b) of the 

FEAA, (i.e., that it was developed in a 

manner that fully provides for public 

participation, comment, and review). 

DOE has consulted with both the 

Attorney General and the Chairman of 

the FTC about the impact on 

competition of using the methods 

contained in these standards and has 

received no comments objecting to their 

use. 

M. Congressional Notification 

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

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

N. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on June 18, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

Chapter II of Title 10, Code of Federal 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.3 is amended by 

redesignating paragraph (h)(7) as (h)(8) 

and adding new paragraph (h)(7) to read 

as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(h) * * * 

(7) AHAM OV–1–2011, (‘‘AHAM OV– 

1’’), Procedures for the Determination 

and Expression of the Volume of 

Household Microwave and 

Conventional Ovens, (2011), IBR 

approved for appendix I to subpart B. 

* * * * * 

Appendix I to Subpart B—[Amended] 

■ 3. Appendix I to subpart B of part 430 

is amended: 

■ a. By revising the Note; 

■ b. In section 1. Definitions, by: 

■ i. Redesignating sections 1.2 through 

1.19 as sections 1.3 through 1.20, 

respectively; and 

■ ii. Adding new section 1.2; 

■ iii. Revising newly redesignated 

section 1.3; 

■ c. In section 2. Test Conditions, by 

revising sections 2.1 and 2.6; 

■ d. By revising section 3. Test Methods 

and Measurements; 

■ e. In section 4. Calculation of Derived 

Results From Test Measurements, by: 

■ i. Revising sections 4.1.2.1.1, 4.1.2.2.1, 

4.1.2.4.3, 4.1.2.5, 4.1.2.5.1, 4.1.2.5.2, 

4.1.2.5.3. 4.1.3.2, 4.1.4.1, 4.1.4.2, 4.2.1.2, 

4.2.2.2.1, 4.2.2.2.2, and 4.2.3.2; and 

■ ii. Adding sections 4.2 and 4.2.1. 

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 active 

mode energy consumption of conventional 

ranges, conventional cooking tops, and 

conventional ovens made after December 29, 

2015 must be based upon results generated 

under this test procedure. Any representation 

related to standby mode and off mode energy 

consumption of conventional ranges, 

conventional cooking tops, conventional 

ovens, and microwave ovens must be based 

upon results generated under this test 

procedure. 

Upon the compliance date(s) of any 

energy conservation standard(s) for 

conventional ranges, conventional 

cooking tops, conventional ovens, and 

microwave ovens, use of the applicable 

provisions of this test procedure to 

demonstrate compliance with the 

energy conservation standard(s) will 

also be required. 

1. Definitions 

* * * * * 

1.2 AHAM–OV–1 means the test 

standard published by the Association 

of Home Appliance Manufacturers 

titled, ‘‘Procedures for the 

Determination and Expression of the 

Volume of Household Microwave and 

Conventional Ovens,’’ AHAM OV–1– 

2011 (incorporated by reference; see 

§ 430.3). 

1.3 Built-in means the product is 

enclosed in surrounding cabinetry, 

walls, or other similar structures on at 

least three sides. 

* * * * * 

2. Test Conditions 

2.1 Installation A freestanding 

conventional range or oven 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, builtin, or wall-mounted appliance shall be 

installed in an enclosure in accordance 

with the manufacturer’s instructions. If 

the manufacturer’s instructions specify 

that the appliance may be used in 

multiple installation conditions, the 

appliance shall be installed according to 

the built-in configuration. Regardless of 

the installation condition, conventional 

cooking products are to be completely 

assembled with all handles, knobs, 

guards, etc. 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. 

* * * * * 

2.6 Normal nonoperating 

temperature. All areas of the appliance 

to be tested shall attain the normal 

nonoperating temperature, as defined in 

section 1.13 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. 

* * * * * 

3. Test Methods and Measurements 

3.1 Test methods. 

3.1.1 Conventional oven. Perform a 

test by establishing the testing 

conditions set forth in section 2, Test 

Conditions, of this appendix and 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 1.13 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 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37965 

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 one complete thermostat 

‘‘cut-off/cut-on’’ of the electrical 

resistance heaters or gas burners after 

the test block temperature has increased 

234 °F (130 °C) above its initial 

temperature. 

3.1.1.1 Self-cleaning operation of a 

conventional oven. If the conventional 

oven is capable of operating in a userselectable self-cleaning mode, separate 

from the normal baking mode and 

dedicated to cleaning and removing 

cooking deposits from the oven cavity 

walls, establish the test conditions set 

forth in section 2, Test Conditions, of 

this appendix. Turn off the gas flow to 

the conventional cooking top. The 

temperature of the conventional oven 

shall be its normal non-operating 

temperature as defined in section 1.13 

and described in section 2.6 of this 

appendix. Then set and start the 

conventional oven’s self-cleaning 

process in accordance with the 

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

average time recommended by the 

manufacturer for a moderately soiled 

oven. 

3.1.1.2 Conventional oven standby 

mode and off mode power. Establish the 

standby mode and off mode testing 

conditions set forth in section 2, Test 

Conditions, of this appendix. For 

conventional ovens that take some time 

to enter a stable state from a higher 

power state as discussed in Section 5, 

Paragraph 5.1, Note 1 of IEC 62301 

(Second Edition) (incorporated by 

reference; see § 430.3), allow sufficient 

time for the conventional 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 testing in each possible 

mode as described in 3.1.1.2.1 and 

3.1.1.2.2 of this appendix. For units in 

which power varies as a function of 

displayed time in standby mode, set the 

clock time to 3:23 at the end of the 

stabilization period specified in Section 

5, Paragraph 5.3 of IEC 62301 (First 

Edition), 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. 

3.1.1.2.1 If the conventional oven 

has an inactive mode, as defined in 

section 1.12 of this appendix, measure 

and record the average inactive mode 

power of the conventional oven, PIA, in 

watts. 

3.1.1.2.2 If the conventional oven 

has an off mode, as defined in section 

1.14 of this appendix, measure and 

record the average off mode power of 

the conventional oven, POM, in watts. 

3.1.1.3 Conventional oven cavity 

volume. Measure the oven cavity 

volume according to the test procedure 

specified in Sections 3, 5.1 and 5.2 of 

AHAM–OV–1 (incorporated by 

reference; see § 430.3). 

3.1.2 Conventional cooking top. 

Establish the test conditions set forth in 

section 2, Test Conditions, of this 

appendix. 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 1.13 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 (178 mm) in 

diameter and on all gas surface units. 

Turn on the surface unit under test 

and set its energy input rate to the 

maximum setting. When the test block 

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

test block temperature, immediately 

reduce the energy input rate to 25±5 

percent of the maximum energy input 

rate. After 15±0.1 minutes at the 

reduced energy setting, turn off the 

surface unit under test. 

3.1.2.1 Conventional cooking top 

standby mode and off mode power. 

Establish the standby mode and off 

mode testing conditions set forth in 

section 2, Test Conditions, of this 

appendix. For conventional cooktops 

that take some time to enter a stable 

state from a higher power state as 

discussed in Section 5, Paragraph 5.1, 

Note 1 of IEC 62301 (Second Edition) 

(incorporated by reference; see § 430.3), 

allow sufficient time for the 

conventional cooking top 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 testing in each possible 

mode as described in sections 3.1.2.1.1 

and 3.1.2.1.2 of this appendix. For units 

in which power varies as a function of 

displayed time in standby mode, set the 

clock time to 3:23 at the end of the 

stabilization period specified in Section 

5, Paragraph 5.3 of IEC 62301 (First 

Edition), 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. 

3.1.2.1.1 If the conventional cooking 

top has an inactive mode, as defined in 

section 1.12 of this appendix, measure 

and record the average inactive mode 

power of the conventional cooking top, 

PIA, in watts. 

3.1.2.1.2 If the conventional cooking 

top has an off mode, as defined in 

section 1.14 of this appendix, measure 

and record the average off mode power 

of the conventional cooking top, POM, in 

watts. 

3.1.3 Conventional range standby 

mode and off mode power. Establish the 

standby mode and off mode testing 

conditions set forth in section 2, Test 

Conditions, of this appendix. For 

conventional ranges that take some time 

to enter a stable state from a higher 

power state as discussed in Section 5, 

Paragraph 5.1, Note 1 of IEC 62301 

(Second Edition) (incorporated by 

reference; see § 430.3), allow sufficient 

time for the conventional range 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 testing in each possible 

mode as described in sections 3.1.3.1 

and 3.1.3.2 of this appendix. For units 

in which power varies as a function of 

displayed time in standby mode, set the 

clock time to 3:23 at the end of the 

stabilization period specified in Section 

5, Paragraph 5.3 of IEC 62301 (First 

Edition), 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. 

3.1.3.1 If the conventional range has 

an inactive mode, as defined in section 

1.12 of this appendix, measure and 

record the average inactive mode power 

of the conventional range, PIA, in watts. 

3.1.3.2 If the conventional range has 

an off mode, as defined in section 1.14 

of this appendix, measure and record 

the average off mode power of the 

conventional range, POM, in watts. 

3.1.4 Microwave oven. 

3.1.4.1 Microwave oven test standby 

mode and off mode power. Establish the 

testing conditions set forth in section 2, 

Test Conditions, of this appendix. For 

microwave ovens that drop from a 

higher power state to a lower power 

state as discussed in Section 5, 

Paragraph 5.1, Note 1 of IEC 62301 

(Second Edition) (incorporated by 

reference; see § 430.3), allow sufficient 


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37966 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

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 

1.18 and 1.14 of this appendix, 

respectively, or both, test the microwave 

oven in each mode in which it can 

operate. 

3.2 Test measurements. 

3.2.1 Conventional oven test energy 

consumption. If the oven thermostat 

controls the oven temperature without 

cycling on and off, measure the energy 

consumed, EO, when the temperature of 

the block reaches TO (TO is 234 °F (130 

°C) above the initial block temperature, 

TI). If the oven thermostat operates by 

cycling on and off, make the following 

series of measurements: Measure the 

block temperature, TA, and the energy 

consumed, EA, or volume of gas 

consumed, VA, at the end of the last 

‘‘ON’’ period of the conventional oven 

before the block reaches TO. Measure 

the block temperature, TB, and the 

energy consumed, EB, or volume of gas 

consumed, VB, at the beginning of the 

next ‘‘ON’’ period. Measure the block 

temperature, TC, and the energy 

consumed, EC, or volume of gas 

consumed, VC, at the end of that ‘‘ON’’ 

period. Measure the block temperature, 

TD, and the energy consumed, ED, or 

volume of gas consumed, VD, at the 

beginning of the following ‘‘ON’’ period. 

Energy measurements for EO, EA, EB, EC, 

and ED should be expressed in watthours (kJ) for conventional electric 

ovens, and volume measurements for 

VA, VB, VC, and VD should be expressed 

in standard cubic feet (L) of gas for 

conventional gas ovens. For a gas oven, 

measure in watt-hours (kJ) any electrical 

energy, EIO, consumed by an ignition 

device or other electrical components 

required for the operation of a 

conventional gas oven while heating the 

test block to TO. 

3.2.1.1 Conventional oven average 

test energy consumption. If the 

conventional oven permits baking by 

either forced convection or without 

forced convection and the oven 

thermostat does not cycle on and off, 

measure the energy consumed with the 

forced convection mode, (EO)1, and 

without the forced convection mode, 

(EO)2, when the temperature of the block 

reaches TO (TO is 234 °F (130 °C) above 

the initial block temperature, TI). If the 

conventional oven permits baking by 

either forced convection or without 

forced convection and the oven 

thermostat operates by cycling on and 

off, make the following series of 

measurements with and without the 

forced convection mode: Measure the 

block temperature, TA, and the energy 

consumed, EA, or volume of gas 

consumed, VA, at the end of the last 

‘‘ON’’ period of the conventional oven 

before the block reaches TO. Measure 

the block temperature, TB, and the 

energy consumed, EB, or volume of gas 

consumed, VB, at the beginning of the 

next ‘‘ON’’ period. Measure the block 

temperature, TC, and the energy 

consumed, EC, or volume of gas 

consumed, VC, at the end of that ‘‘ON’’ 

period. Measure the block temperature, 

TD, and the energy consumed, ED, or 

volume of gas consumed, VD, at the 

beginning of the following ‘‘ON’’ period. 

Energy measurements for EO, EA, EB, EC, 

and ED should be expressed in watthours (kJ) for conventional electric 

ovens, and volume measurements for 

VA, VB, VC, and VD should be expressed 

in standard cubic feet (L) of gas for 

conventional gas ovens. For a gas oven 

that can be operated with or without 

forced convection, measure in watthours (kJ) any electrical energy 

consumed by an ignition device or other 

electrical components required for the 

operation of a conventional gas oven 

while heating the test block to TO using 

the forced convection mode, (EIO)1, and 

without using the forced convection 

mode, (EIO)2. 

3.2.1.2 Conventional oven fan-only 

mode energy consumption. If the 

conventional oven is capable of 

operation in fan-only mode, measure the 

fan-only mode energy consumption, 

EOF, expressed in kilowatt-hours (kJ) of 

electricity consumed by the 

conventional oven for the duration of 

fan-only mode, using a watt-hour meter 

as specified in section 2.9.1.1 of this 

appendix. Alternatively, if the duration 

of fan-only mode is known, the watthours consumed may be measured for a 

period of 10 minutes in fan-only mode, 

using a watt-hour meter as specified in 

section 2.9.1.1 of this appendix. 

Multiply this value by the time in 

minutes that the conventional oven 

remains in fan-only mode, tOF, and 

divide by 10,000 to obtain EOF. The 

alternative approach may be used only 

if the resulting EOF is representative of 

energy use during the entire fan-only 

mode. 

3.2.1.3 Energy consumption of selfcleaning operation. Measure the energy 

consumption, ES, in watt-hours (kJ) of 

electricity or the volume of gas 

consumption, VS, in standard cubic feet 

(L) during the self-cleaning test set forth 

in section 3.1.1.1 of this appendix. For 

a gas oven, also measure in watt-hours 

(kJ) any electrical energy, EIS, consumed 

by ignition devices or other electrical 

components required during the selfcleaning test. 

3.2.1.4 Standby mode and off mode 

energy consumption. Make 

measurements as specified in section 

3.1.1.2 of this appendix. If the 

conventional oven is capable of 

operating in inactive mode, as defined 

in section 1.12 of this appendix, 

measure the average inactive mode 

power of the conventional oven, PIA, in 

watts as specified in section 3.1.1.2.1 of 

this appendix. If the conventional oven 

is capable of operating in off mode, as 

defined in section 1.14 of this appendix, 

measure the average off mode power of 

the conventional oven, POM, in watts as 

specified in section 3.1.1.2.2 of this 

appendix. 

3.2.1.5 Conventional oven cavity 

volume. Measure the oven cavity 

volume, CVO, in cubic feet (L), as 

specified in section 3.1.1.3 of this 

appendix. 

3.2.2 Conventional surface unit test 

energy consumption. 

3.2.2.1 Conventional surface unit 

average test energy consumption. For 

the surface unit under test, measure the 

energy consumption, ECT, in watt-hours 

(kJ) of electricity or the volume of gas 

consumption, VCT, in standard cubic 

feet (L) of gas and the test block 

temperature, TCT, at the end of the 15 

minute (reduced input setting) test 

interval for the test specified in section 

3.1.2 of this appendix and the total time, 

tCT, in hours, that the unit is under test. 

Measure any electrical energy, EIC, 

consumed by an ignition device of a gas 

heating element or other electrical 

components required for the operation 

of the conventional gas cooking top in 

watt-hours (kJ). 

3.2.2.2 Conventional surface unit 

standby mode and off mode energy 

consumption. Make measurements as 

specified in section 3.1.2.1 of this 

appendix. If the conventional surface 

unit is capable of operating in inactive 

mode, as defined in section 1.12 of this 

appendix, measure the average inactive 

mode power of the conventional surface 

unit, PIA, in watts as specified in section 

3.1.2.1.1 of this appendix. If the 

conventional surface unit is capable of 

operating in off mode, as defined in 

section 1.14 of this appendix, measure 

the average off mode power of the 


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conventional surface unit, POM, in watts 

as specified in section 3.1.2.1.2 of this 

appendix. 

3.2.3 Conventional range standby 

mode and off mode energy 

consumption. Make measurements as 

specified in section 3.1.3 of this 

appendix. If the conventional range is 

capable of operating in inactive mode, 

as defined in section 1.13 of this 

appendix, measure the average inactive 

mode power of the conventional range, 

PIA, in watts as specified in section 

3.1.3.1 of this appendix. If the 

conventional range is capable of 

operating in off mode, as defined in 

section 1.14 of this appendix, measure 

the average off mode power of the 

conventional range, POM, in watts as 

specified in section 3.1.3.2 of this 

appendix. 

3.2.4 Microwave oven test standby 

mode and off mode power. Make 

measurements as specified in Section 5, 

Paragraph 5.3 of IEC 62301 (Second 

Edition) (incorporated by reference; see 

§ 430.3). If the microwave oven is 

capable of operating in standby mode, 

as defined in section 1.18 of this 

appendix, measure the average standby 

mode power of the microwave oven, 

PSB, in watts as specified in section 

3.1.4.1 of this appendix. If the 

microwave oven is capable of operating 

in off mode, as defined in section 1.14 

of this appendix, measure the average 

off mode power of the microwave oven, 

POM, as specified in section 3.1.4.1. 

3.3 Recorded values. 

3.3.1 Record the test room 

temperature, TR, at the start and end of 

each range, oven or cooktop test, as 

determined in section 2.5 of this 

appendix. 

3.3.2 Record the measured test 

block, test block body, and test block 

base weights W1, W2, and W3 in pounds 

(kg). 

3.3.3 Record the initial temperature, 

T1, of the test block under test. 

3.3.4 For a conventional oven with a 

thermostat which operates by cycling on 

and off, record the conventional oven 

test measurements TA, EA, TB, EB, TC, 

EC, TD, and ED for conventional electric 

ovens or TA, VA, TB, VB, TC, VC, TD, and 

VD for conventional gas ovens. If the 

thermostat controls the oven 

temperature without cycling on and off, 

record EO. For a gas oven which also 

uses electrical energy for the ignition or 

operation of the oven, also record EIO. 

3.3.5 For a conventional oven that 

can be operated with or without forced 

convection and the oven thermostat 

controls the oven temperature without 

cycling on and off, measure the energy 

consumed with the forced convection 

mode, (EO)1, and without the forced 

convection mode, (EO)2. If the 

conventional oven operates with or 

without forced convection and the 

thermostat controls the oven 

temperature by cycling on and off, 

record the conventional oven test 

measurements TA, EA, TB, EB, TC, EC, 

TD, and ED for conventional electric 

ovens or TA, VA, TB, VB, TC, VC, TD, and 

VD for conventional gas ovens. For a gas 

oven that can be operated with or 

without forced convection, measure any 

electrical energy consumed by an 

ignition device or other electrical 

components used during the forced 

convection mode, (EIO)1, and without 

using the forced convection mode, 

(EIO)2. 

3.3.6 Record the measured energy 

consumption, ES, or gas consumption, 

VS, and for a gas oven, any electrical 

energy, EIS, for the test of the selfcleaning operation of a conventional 

oven. 

3.3.7 For conventional ovens, record 

the conventional oven standby mode 

and off mode test measurements PIA and 

POM, if applicable. For conventional 

cooktops, record the conventional 

cooking top standby mode and off mode 

test measurements PIA and POM, if 

applicable. For conventional ranges, 

record the conventional range standby 

mode and off mode test measurements 

PIA and POM, if applicable. 

3.3.8 For conventional ovens, record 

the measured oven cavity volume, CVO, 

in cubic feet (L), rounded to the nearest 

tenth of a cubic foot (nearest L). 

3.3.9 For the surface unit under test, 

record the electric energy consumption, 

ECT, or the gas volume consumption, 

VCT, the final test block temperature, 

TCT, and the total test time, tCT. For a 

gas cooking top which uses electrical 

energy for ignition of the burners, also 

record EIC. 

3.3.10 Record the heating value, Hn, 

as determined in section 2.2.2.2 of this 

appendix for the natural gas supply. 

3.3.11 Record the heating value, Hp, 

as determined in section 2.2.2.3 of this 

appendix for the propane supply. 

3.3.12 Record the average standby 

mode power, PSB, for the microwave 

oven standby mode, as determined in 

section 3.2.4 of this appendix for a 

microwave oven capable of operating in 

standby mode. Record the average off 

mode power, POM, for the microwave 

oven 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 

* * * * * 

4.1.2.1.1 Annual primary energy 

consumption. Calculate the annual 

primary energy consumption for 

cooking, ECO, expressed in kilowatthours (kJ) per year for electric ovens and 

in kBtus (kJ) per year for gas ovens, and 

defined as: 

for electric ovens, 

Where: 

EO = test energy consumption as measured in 

section 3.2.1 or as calculated in section 

4.1.1 or section 4.1.1.1 of this appendix. 

Ke = 3.412 Btu/Wh (3.6 kJ/Wh,) conversion 

factor of watt-hours to Btus. 

OO = 29.3 kWh (105,480 kJ) per year, annual 

useful cooking energy output of 

conventional electric oven. 

W1 = measured weight of test block in 

pounds (kg). 

Cp = 0.23 Btu/lb-°F (0.96 kJ/kg ÷ °C), specific 

heat of test block. 

TS = 234 °F (130 °C), temperature rise of test 

block. 

for gas ovens, 

Where: 

EO = test energy consumption as measured in 

section 3.2.1 or as calculated in section 

4.1.1 or section 4.1.1.1 of this appendix. 

OO = 88.8 kBtu (93,684 kJ) per year, annual 

useful cooking energy output of 

conventional gas oven. 

W1, Cp and TS are the same as defined above. 

* * * * * 

4.1.2.2.1 Annual primary energy 

consumption. Calculate the annual 

primary energy consumption for 

conventional oven self-cleaning 

operations, ESC, expressed in kilowatthours (kJ) per year for electric ovens and 

in kBtus (kJ) for gas ovens, and defined 

as: 

ESC = ES × Se × K, for electric ovens, 

Where: 

ES = energy consumption in watt-hours, as 

measured in section 3.2.1.3 of this 

appendix. 

Se = 4, average number of times a selfcleaning operation of a conventional 

electric oven is used per year. 

K = 0.001 kWh/Wh conversion factor for 

watt-hours to kilowatt-hours. 

or 

ESC VS × H × Sg × K, for gas ovens, 

Where: 

VS = gas consumption in standard cubic feet 

(L), as measured in section 3.2.1.3 of this 

appendix. 

H = Hn or Hp, the heating value of the gas 

used in the test as specified in sections 

2.2.2.2 and 2.2.2.3 of this appendix in 

Btus per standard cubic foot (kJ/L). 

Sg = 4, average number of times a selfcleaning operation of a conventional gas 

oven is used per year. 


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K = 0.001 kBtu/Btu conversion factor for Btus 

to kBtus 

* * * * * 

4.1.2.4.3 Conventional gas oven 

energy consumption. Calculate the total 

annual gas energy consumption of a 

conventional gas oven, EAOG, expressed 

in kBtus (kJ) per year and defined as: 

EAOG = ECO + ESC, 

Where: 

ECO = annual primary cooking energy 

consumption as determined in section 

4.1.2.1.1 of this appendix. 

ESC = annual primary self-cleaning energy 

consumption as determined in section 

4.1.2.2.1 of this appendix. 

If the conventional gas oven uses 

electrical energy, calculate the total 

annual electrical energy consumption, 

EAOE, expressed in kilowatt-hours (kJ) 

per year and defined as: 

EAOE =ESO +ESS, 

Where: 

ESO = annual secondary cooking energy 

consumption as determined in section 

4.1.2.1.2 of this appendix. 

ESS = annual secondary self-cleaning energy 

consumption as determined in section 

4.1.2.2.2 of this appendix. 

If the conventional gas oven uses 

electrical energy, also calculate the total 

integrated annual electrical energy 

consumption, IEAOE, expressed in 

kilowatt-hours (kJ) per year and defined 

as: 

IEAOE = ESO + ESS + EOTLP + (EOF × NOG), 

Where: 

ESO = annual secondary cooking energy 

consumption as determined in section 

4.1.2.1.2 of this appendix. 

ESS = annual secondary self-cleaning energy 

consumption as determined in section 

4.1.2.2.2 of this appendix. 

EOTLP = annual combined low-power mode 

energy consumption as determined in 

section 4.1.2.3 of this appendix. 

EOF = fan-only mode energy consumption as 

measured in section 3.2.1.2 of this 

appendix. 

NOG = representative number of annual 

conventional gas oven cooking cycles per 

year, which is equal to 183 cycles for a 

conventional gas oven without self-clean 

capability and 197 cycles for a 

conventional gas oven with self-clean 

capability. 

4.1.2.5 Total annual energy 

consumption of multiple conventional 

ovens and conventional ovens with an 

oven separator. If the cooking appliance 

includes more than one conventional 

oven or consists of a conventional oven 

equipped with an oven separator that 

allows for cooking using the entire oven 

cavity or, if the separator is installed, 

splitting the oven into two smaller 

cavities, calculate the total annual 

energy consumption of the conventional 

oven(s) using the following equations: 

4.1.2.5.1 Conventional electric oven 

energy consumption. Calculate the total 

annual energy consumption, ETO, in 

kilowatt-hours (kJ) per year and defined 

as: 

ETO = EACO + EASC

Where: 

is the average annual primary energy 

consumption for cooking, and where: 

n = number of conventional ovens in the 

basic model or, if the cooking appliance 

is equipped with an oven separator, the 

number of oven cavity configurations. 

ECO = annual primary energy consumption 

for cooking as determined in section 

4.1.2.1.1 of this appendix. 

is the average annual self-cleaning 

energy consumption, 

Where: 

n = number of self-cleaning conventional 

ovens in the basic model. 

ESC = annual primary self-cleaning energy 

consumption as determined according to 

section 4.1.2.2.1 of this appendix. 

4.1.2.5.2 Conventional electric oven 

integrated energy consumption. 

Calculate the total integrated annual 

energy consumption, IETO, in kilowatthours (kJ) per year and defined as: 

IETO = EACO + EASC + EOTLP + (EOF × NOE) 

Where 

is the average annual primary energy 

consumption for cooking, and where: 

n = number of conventional ovens in the 

cooking appliance or, if the cooking 

appliance is equipped with an oven 

separator, the number of oven cavity 

configurations. 

ECO = annual primary energy consumption 

for cooking as determined in section 

4.1.2.1.1 of this appendix. 

is the average annual self-cleaning 

energy consumption, 

Where: 

n = number of self-cleaning conventional 

ovens in the basic model. 

ESC = annual primary self-cleaning energy 

consumption as determined according to 

section 4.1.2.2.1 of this appendix. 

EOTLP = annual combined low-power mode 

energy consumption for the cooking 

appliance as determined in section 

4.1.2.3 of this appendix. 

EOF = fan-only mode energy consumption as 

measured in section 3.2.1.2 of this 

appendix. 

NOE = representative number of annual 

conventional electric oven cooking 

cycles per year, which is equal to 219 

cycles for a conventional electric oven 

without self-clean capability and 204 

cycles for a conventional electric oven 

with self-clean capability. 

4.1.2.5.3 Conventional gas oven energy 

consumption. Calculate the total 

annual gas energy consumption, 

ETOG, in kBtus (kJ) per year and 

defined as: 

ETOG = EACO + EASC

Where: 

EACO = average annual primary energy 

consumption for cooking in kBtus (kJ) 

per year and is calculated as: 

Where: 

n = number of conventional ovens in the 

cooking appliance or, if the cooking 

appliance is equipped with an oven 

separator, the number of oven cavity 

configurations. 

ECO = annual primary energy consumption 

for cooking as determined in section 

4.1.2.1.1 of this appendix. 

and, 

EASC = average annual self-cleaning energy 

consumption in kBtus (kJ) per year and 

is calculated as: 

Where: 

n = number of self-cleaning conventional 

ovens in the basic model. 

ESC = annual primary self-cleaning energy 

consumption as determined according to 

section 4.1.2.2.1 of this appendix. 

If the oven also uses electrical energy, 

calculate the total annual electrical 

energy consumption, ETOE, in kilowatthours (kJ) per year and defined as: 

ETOE = EASO + EAAS

Where: 

is the average annual secondary energy 

consumption for cooking, 

Where: 

n = number of conventional ovens in the 

basic model or, if the cooking appliance 

is equipped with an oven separator, the 

number of oven cavity configurations. 

ESO = annual secondary energy consumption 

for cooking of gas ovens as determined 

in section 4.1.2.1.2 of this appendix. 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37969 

is the average annual secondary selfcleaning energy consumption, 

Where: 

n = number of self-cleaning ovens in the 

basic model. 

ESS = annual secondary self-cleaning energy 

consumption of gas ovens as determined 

in section 4.1.2.2.2 of this appendix. 

If the oven also uses electrical energy, 

also calculate the total integrated 

annual electrical energy 

consumption, IETOE, in kilowatthours (kJ) per year and defined as: 

IETOE = EASO + EAAS + EOTLP + (EOF × 

NOG) 

Where: 

is the average annual secondary energy 

consumption for cooking, 

Where: 

n = number of conventional ovens in the 

basic model or, if the cooking appliance 

is equipped with an oven separator, the 

number of oven cavity configurations. 

ESO = annual secondary energy consumption 

for cooking of gas ovens as determined 

in section 4.1.2.1.2 of this appendix. 

is the average annual secondary selfcleaning energy consumption, 

Where: 

n = number of self-cleaning ovens in the 

basic model. 

ESS = annual secondary self-cleaning energy 

consumption of gas ovens as determined 

in section 4.1.2.2.2 of this appendix. 

EOTLP = annual combined low-power mode 

energy consumption as determined in 

section 4.1.2.3 of this appendix. 

EOF = fan-only mode energy consumption as 

measured in section 3.2.1.2 of this 

appendix. 

NOG = representative number of annual 

conventional gas oven cooking cycles per 

year, which is equal to 183 cycles for a 

conventional gas oven without self-clean 

capability and 197 cycles for a 

conventional gas oven with self-clean 

capability. 

* * * * * 

4.1.3.2 Multiple conventional ovens 

and conventional ovens with an oven 

separator. If the cooking appliance 

includes more than one conventional 

oven or consists of a conventional oven 

equipped with an oven separator that 

allows for cooking using the entire oven 

cavity or, if the separator is installed, 

splitting the oven into two smaller 

cavities, calculate the cooking efficiency 

of the conventional oven(s), EffTO, using 

the following equation: 

Where: 

n = number of conventional ovens in the 

cooking appliance or, if the cooking 

appliance is equipped with an oven 

separator, the number of oven cavity 

configurations. 

EffAO = cooking efficiency of each oven 

determined according to section 4.1.3.1 

of this appendix. 

* * * * * 

4.1.4.1 Conventional oven energy 

factor. Calculate the energy factor, or the 

ratio of useful cooking energy output to 

the total energy input, RO, using the 

following equations: 

For electric ovens, 

Where: 

OO = 29.3 kWh (105,480 kJ) per year, annual 

useful cooking energy output. 

EAO = total annual energy consumption for 

electric ovens as determined in section 

4.1.2.4.1 of this appendix. 

For gas ovens: 

Where: 

OO = 88.8 kBtu (93,684 kJ) per year, annual 

useful cooking energy output. 

EAOG = total annual gas energy consumption 

for conventional gas ovens as determined 

in section 4.1.2.4.3 of this appendix. 

EAOE = total annual electrical energy 

consumption for conventional gas ovens 

as determined in section 4.1.2.4.3 of this 

appendix. 

Ke = 3.412 kBtu/kWh (3,600 kJ/kWh), 

conversion factor for kilowatt-hours to 

kBtus. 

4.1.4.2 Conventional oven integrated 

energy factor. Calculate the integrated 

energy factor, or the ratio of useful 

cooking energy output to the total 

integrated energy input, IRO, using the 

following equations: 

For electric ovens, 

Where: 

OO = 29.3 kWh (105,480 kJ) per year, annual 

useful cooking energy output. 

IEAO = total integrated annual energy 

consumption for electric ovens as 

determined in section 4.1.2.4.2 of this 

appendix. 

For gas ovens: 

Where: 

OO = 88.8 kBtu (93,684 kJ) per year, annual 

useful cooking energy output. 

EAOG = total annual gas energy consumption 

for conventional gas ovens as determined 

in section 4.1.2.4.3 of this appendix. 

IEAOE = total integrated annual electrical 

energy consumption for conventional gas 

ovens as determined in section 4.1.2.4.3 

of this appendix. 

Ke = 3.412 kBtu/kWh (3,600 kJ/kWh), 

conversion factor for kilowatt-hours to 

kBtus. 

4.2 Conventional cooking top. 

4.2.1 Surface unit cooking 

efficiency. 

* * * * * 

4.2.1.2 Gas surface unit cooking 

efficiency. Calculate the cooking 

efficiency, EffSU, of the gas surface unit 

under test, defined as: 

Where: 

W3 = measured weight of test block as 

measured in section 3.3.2 of this 

appendix, expressed in pounds (kg). 

Cp, and TSU are the same as defined in section 

4.2.1.1 of this appendix. 

and, 

E = (VCT × H) + (EIC × Ke), 

Where: 

VCT = total gas consumption in standard 

cubic feet (L) for the gas surface unit test 

as measured in section 3.2.2.1 of this 

appendix. 

EIC = electrical energy consumed in watthours (kJ) by an ignition device of a gas 

surface unit as measured in section 

3.2.2.1 of this appendix. 

Ke = 3.412 Btu/Wh (3.6 kJ/Wh), conversion 

factor of watt-hours to Btus. 

H = either Hn or Hp, the heating value of the 

gas used in the test as specified in 

sections 2.2.2.2 and 2.2.2.3 of this 

appendix, expressed in Btus per 

standard cubic foot (kJ/L) of gas. 

* * * * * 

4.2.2.2.1 Annual cooking energy 

consumption. Calculate the annual 

energy consumption for cooking, ECC, in 

kBtus (kJ) per year for a gas cooking top, 

defined as: 

Where: 

OCT = 527.6 kBtu (556,618 kJ) per year, 

annual useful cooking energy output. 

EffCT = the gas cooking top efficiency as 

defined in section 4.2.1.3 of this 

appendix. 


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37970 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

4.2.2.2.2 Total integrated annual 

energy consumption of a conventional 

gas cooking top. Calculate the total 

integrated annual energy consumption 

of a conventional gas cooking top, IECA,

in kBtus (kJ) per year, defined as: 

IECA= ECC + (ECTSO × Ke) 

Where: 

ECC = energy consumption for cooking as 

determined in section 4.2.2.2.1 of this 

appendix. 

ECTSO = conventional cooking top combined 

low-power mode energy consumption = 

[(PIA × SIA) + (POM × SOM)] × K, 

Where: 

PIA = conventional cooking top inactive 

mode power, in watts, as measured in 

section 3.1.2.1.1 of this appendix. 

POM = conventional cooking top off mode 

power, in watts, as measured in section 

3.1.2.1.2 of this appendix. 

If the conventional cooking top has both 

inactive mode and off mode annual 

hours, SIA and SOM both equal 4273.4; 

If the conventional cooking top has an 

inactive mode but no off mode, the 

inactive mode annual hours, SIA, is equal 

to 8546.9, and the off mode annual 

hours, SOM, is equal to 0; 

If the conventional cooking top has an off 

mode but no inactive mode, SIA is equal 

to 0, and SOM is equal to 8546.9; 

K = 0.001 kWh/Wh conversion factor for 

watt-hours to kilowatt-hours. 

Ke = 3.412 kBtu/kWh (3,600 kJ/kWh), 

conversion factor for kilowatt-hours to 

kBtus. 

* * * * * 

4.2.3.2 Conventional cooking top 

integrated energy factor. Calculate the 

integrated energy factor or ratio of 

useful cooking energy output for 

cooking to the total integrated energy 

input, IRCT, as follows: 

For electric cooking tops, 

Where: 

OCT = 173.1 kWh (623,160 kJ) per year, 

annual useful cooking energy output of 

cooking top. 

IECA = total annual integrated energy 

consumption of cooking top determined 

according to section 4.2.2.1.2 of this 

appendix. 

For gas cooking tops, 

Where: 

OCT = 527.6 kBtu (556,618 kJ) per year, 

annual useful cooking energy output of 

cooking top. 

IECA = total integrated annual energy 

consumption of cooking top determined 

according to section 4.2.2.2.2 of this 

appendix. 

* * * * * 

[FR Doc. 2015–15886 Filed 7–1–15; 8:45 am] 

BILLING CODE 6450–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2015–0010] 

RIN 0960–AH75 

Extension of Effective Date for 

Temporary Pilot Program Setting the 

Time and Place for a Hearing Before an 

Administrative Law Judge 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for one year 

our pilot program that authorizes the 

agency to set the time and place for a 

hearing before an administrative law 

judge (ALJ). Extending of the pilot 

program continues our commitment to 

improve the efficiency of our hearing 

process and to maintain a hearing 

process that results in accurate, highquality decisions for claimants. The 

current pilot program will expire on 

August 10, 2015. In this final rule, we 

are extending the effective date to 

August 12, 2016. We are making no 

other substantive changes. 

DATES: This final rule is effective July 2, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Rainbow Lloyd, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041–3260, 703– 

605–7100 for information about this 

final rule. For information on eligibility 

for filing for benefits, call our national 

toll-free number, 1–800–772–1213 or 

TTY 1–800–325–0778, or visit our 

Internet site, Social Security Online, at 

http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Over the past several years, one of our 

highest priorities has been to improve 

the efficiency of our hearing process for 

the Old Age, Survivors, and Disability 

Insurance (OASDI) programs under title 

II of the Social Security Act (Act) and 

the Supplemental Security Income (SSI) 

program under title XVI of the Act. We 

began a pilot program in July 2010 (75 

FR 39154), under which the agency, 

rather than the ALJ, may set the time 

and place of the hearing under certain 

circumstances. Because we expect to 

continue to face significant challenges 

in dealing with the historically large 

number of hearing requests, we must 

maintain programs and policies that can 

provide us with the flexibility we need 

to improve the efficiency of our hearing 

process. 

When we published a final rule on 

July 8, 2010 authorizing the agency to 

set the time and place for a hearing 

before an ALJ, we explained that we 

would implement our authority as a 

temporary pilot program. (75 FR 39154). 

Therefore, we included in sections 

404.936(h) and 416.1436(h) of the final 

rule a provision that the pilot program 

would end on August 9, 2013, unless we 

decided to either terminate the program 

earlier, or extend it beyond that date by 

publication of a final rule in the Federal 

Register. Most recently, on July 18, 

2014, we extended the deadline until 

August 10, 2015. (79 FR 41881). 

Explanation of Extension 

During the pilot program, we tracked 

ALJ productivity closely, working with 

ALJs to addresss any concerns about our 

hearing process. We are continuing to 

work with ALJs who do not promptly 

schedule their hearings, and we are 

using a variety of authorties available to 

correct these situations. To date, our 

efforts have been largely successful. We 

are retaining this authority in our 

regulations to provide us with the 

flexibility we need to manage the 

hearing process appropriately. 

During this extension of the pilot 

program, we will continue to monitor 

the productivity of ALJs and to work 

with our ALJs to address any concerns 

regarding our hearing process. 

Accordingly, we are extending our 

authority to set the time and place for 

a hearing before an ALJ for another year, 

until August 12, 2016. As before, we 

reserve the authority to end the program 

earlier, or to extend it by publishing a 

final rule in the Federal Register. 

Regulatory Procedures 

Justification for Issuing Final Rule 

Without Notice and Comment 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 

when developing regulations. Section 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(a)(5). Generally, the APA 

requires that an agency provide prior 

notice and opportunity for public 

comment before issuing a final rule. The 

APA provides exceptions to its notice 

and public comment procedures when 

an agency finds there is good cause for 

dispensing with such procedures 

because they are impracticable, 

unnecessary, or contrary to the public 

interest. We have determined that good 


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