42612 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

1 DOE’s active mode test procedure was formerly 

codified at appendix I to subpart B of Title 10 of 

the Code of Federal Regulations (CFR). 

2 IEC standards are available online at: http:// 

www.iec.ch. 

3Both DOE’s and AHAM’s microwave oven 

samples contained units with manufacturer-rated 

output powers ranging from 700 to 1,300 W. 

4For more details of the cooking efficiency testing 

conducted as part of the appliance standards 

rulemaking, see the 2009 Technical Support 

Document for Residential Dishwashers, 

Dehumidifiers, and Cooking Products and 

Commercial Clothes Washers. Available online at 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

cooking_products.html. 

accurately. 62 FR 51976.1 The 

microwave oven test procedure 

incorporates portions of the 

International Electrotechnical 

Commission (IEC) Standard 705–1998 

and Amendment 2–1993, ‘‘Methods for 

Measuring the Performance of 

Microwave Ovens for Households and 

Similar Purposes,’’ (IEC Standard 705) 2

and measures microwave oven cooking 

efficiency and energy factor (EF). Id. 

However, IEC Standard 705 has been 

declared obsolete by IEC, and the 

current IEC test procedure is IEC 

Standard 60705–2006, ‘‘Household 

microwave ovens—Methods of 

measuring performance’’ (IEC Standard 

60705). 

As part of the appliance standards 

analysis leading to a final rule 

published on April 8, 2009 (74 FR 

16040), DOE tested 32 microwave 

ovens, and the Association of Home 

Appliance Manufacturers (AHAM) 

tested 21 additional units, for a total of 

53 microwave ovens, according to the 

DOE microwave oven test procedure, 

using provisions from both IEC 

Standard 705 and IEC Standard 60705.3

DOE observed significant variability in 

the cooking efficiency measurements 

from both methods, and was unable to 

ascertain why similarly designed, 

equipped, and constructed microwave 

ovens showed varying efficiencies.4

Because DOE is not aware of other 

existing test procedures that produce 

representative and repeatable cooking 

efficiency measurements for microwave 

ovens, and because of the issues with 

using the existing DOE microwave oven 

test procedure, DOE has published a 

final rule elsewhere in today’s Federal 

Register to repeal the existing active 

mode provisions in the microwave oven 

test procedure. 

The public meeting announced in 

today’s notice is the first step in 

considering the development of a new 

active mode test procedure for 

microwave ovens. DOE will work with 

industry and interested parties to 

discuss the various issues associated 

with the current microwave oven test 

procedure, and to determine if any test 

methods are currently available to 

address these concerns. 

DOE will make a presentation 

summarizing the current status and will 

initiate a discussion regarding any test 

procedures that could help address each 

issue. DOE encourages those who wish 

to participate in the meeting to make 

presentations that address these issues. 

If you would like to make a presentation 

during the meeting, please inform Ms. 

Edwards at least two weeks before the 

date of the meeting and provide her 

with a copy of your written material at 

least one week before the date of the 

meeting. 

The meeting will be conducted in an 

informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs or prices, market 

shares, or other commercial matters 

regulated by antitrust law. After the 

meeting and a period for written 

statements, DOE will begin collecting 

data and developing a notice of 

proposed rulemaking for the microwave 

oven test procedure. 

Issued in Washington, DC, on July 9, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–17774 Filed 7–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–TP–0011] 

RIN 1904–AB78 

Energy Conservation Program for 

Consumer Products: Test Procedure 

for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: On October 17, 2008, the U.S. 

Department of Energy (DOE) issued a 

notice of proposed rulemaking (NOPR) 

in which DOE proposed test procedures 

for microwave ovens under the Energy 

Policy and Conservation Act (EPCA) to 

measure standby mode and off mode 

power use by microwave ovens. To 

address issues raised in comments 

responding to the NOPR, DOE 

conducted additional research and 

analysis. In today’s supplemental notice 

of proposed rulemaking (SNOPR), DOE 

proposes adopting definitions of modes 

based on the relevant provisions from 

the IEC Standard 62301, Household 

electrical appliances—Measurement of 

standby power, Second Edition, 

Committee Draft for Vote (IEC Standard 

62301 CDV), as well as language to 

clarify application of these provisions 

for measuring standby mode and off 

mode power consumption in microwave 

ovens. DOE will hold a public meeting 

to discuss and receive comments on the 

issues presented in this SNOPR. 

DATES: DOE will hold a public meeting 

on Thursday, September 16, 2010, from 

9 a.m. to 4 p.m., in Washington, DC. 

DOE must receive requests to speak at 

the public meeting before 4 p.m., 

Thursday, September 2, 2010. DOE must 

receive a signed original and an 

electronic copy of statements to be given 

at the public meeting before 4 p.m., 

Thursday, September 9, 2010. 

DOE will accept comments, data, and 

information regarding this SNOPR 

before and after the public meeting, but 

no later than October 4, 2010. For 

details, see section V, ‘‘Public 

Participation’’, of this SNOPR. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. To attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945. 

Please note that foreign nationals 

visiting DOE Headquarters are subject to 

advance security screening procedures. 

Any foreign national wishing to 

participate in the meeting should advise 

DOE as soon as possible by contacting 

Ms. Edwards to initiate the necessary 

procedures. 

Any comments submitted must 

identify the SNOPR on Test Procedures 

for Microwave Ovens, and provide the 

docket number EERE–2008–BT–TP– 

0011 and/or regulatory information 

number (RIN) 1904–AB78. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. E-mail: MicroOven-2008-TP0011@ee.doe.gov. Include docket 

number EERE–2008–BT–TP–0011 and/ 

or RIN 1904–AB78 in the subject line of 

the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42613 

1 IEC standards are available for purchase at: 

http://www.iec.ch. 

2Multiple editions of this standard are referenced 

in this SNOPR. Unless otherwise indicated, the 

terms ‘‘IEC Standard 62301’’ or ‘‘IEC Standard 62301 

First Edition’’ refer to ‘‘Household electrical 

appliances—measurement of standby power’’ (First 

Edition, 2005–06). 

3As explained in more detail later in the 

preamble, DOE published a final rule to repeal the 

active mode test procedure for microwave ovens 

elsewhere in today’s Federal Register. 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. Please submit one 

signed original paper copy. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V (Public Participation) of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Please call Ms. 

Brenda Edwards at the above telephone 

number for additional information about 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Wes Anderson, U.S. Department of 

Energy, Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Tel.: (202) 

586–7335. E-mail: 

Wes.Anderson@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. Tel.: 

(202) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Legal Authority 

II. Summary of the Proposal 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

B. Effective Date for the Test Procedure 

C. Measures of Energy Consumption 

D. Incorporating by Reference IEC Standard 

62301 for Measuring Standby Mode and 

Off Mode Power in Microwave Ovens 

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

Mode’’, and ‘‘Off Mode’’ 

F. Specifications for the Test Methods and 

Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

G. Other Issues 

H. Compliance With Other EPCA 

Requirements 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration (FEA) Act of 1974 

V. Public Participation 

A. Attendance at Public Meeting 

B. Procedure for Submitting Requests to 

Speak 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

1. Covered Products 

2. Cooking Efficiency Test Load 

3. Incorporation of IEC Standard 62301 

4. Mode Definitions 

5. Test Cycle 

6. Test Procedure Waivers for Products for 

Which Test Measurements Are Not 

Representative 

VI. Approval of the Office of the Assistant 

Secretary 

I. Background and Legal Authority 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

seq.; EPCA or the Act) sets forth a 

variety of provisions designed to 

improve energy efficiency. Part A of 

Title III (42 U.S.C. 6291–6309) 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles’’ for consumer 

products, including microwave ovens. 

(42 U.S.C. 6291(1)-(2) and 6292(a)(10)) 

Under the Act, this program consists 

essentially of three parts: Testing, 

labeling, and establishing Federal 

energy conservation standards. 

Manufacturers of covered products 

must use DOE test procedures to certify 

that their products comply with energy 

conservation standards adopted under 

EPCA and to represent the efficiency of 

their products. (42 U.S.C. 6295(s); 42 

U.S.C. 6293(c)) DOE must also use DOE 

test procedures in any action to 

determine whether covered products 

comply with EPCA standards. (42 U.S.C. 

6295(s)) Criteria and procedures for 

DOE’s adoption and amendment of such 

test procedures, as set forth in EPCA, 

require that test procedures be 

reasonably designed to produce test 

results which measure energy 

efficiency, energy use, or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use. Test 

procedures must also not be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) 

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)) In any 

rulemaking to amend a test procedure, 

DOE must determine to what extent the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

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

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

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

DOE is also required to amend the test 

procedures for covered products to 

address standby mode and off mode 

energy consumption and to integrate 

such energy consumption into the 

energy descriptor for that product 

unless the current test procedures 

already fully account for such 

consumption. If integration is 

technically infeasible, DOE must 

prescribe a separate standby mode and 

off mode energy use test procedure, if 

technically feasible. (42 U.S.C. 

6295(gg)(2)(A)) Any such amendment 

must consider the most current versions 

of IEC Standards 62301 [‘‘Household 

electrical appliances—Measurement of 

standby power,’’ First Edition 2005–06 

(IEC Standard 62301)1 2] and IEC 

Standard 62087 [‘‘Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment,’’ Second Edition 

2008–09]. Id. For microwave ovens, 

DOE must prescribe any such 

amendment by March 31, 2011. (42 

U.S.C. 6295(gg)(2)(B)(vi)) 

Historically, DOE’s test procedure for 

microwave ovens appeared at appendix 

I to subpart B of Title 10 of the Code of 

Federal Regulations (CFR).3 That test 

procedure was part of an October 3, 

1997, final rule that also revised the test 

procedures for other cooking products 

to measure their efficiency and energy 

use more accurately. 62 FR 51976. That 

final rule incorporated portions of the 

International Electrotechnical 

Commission (IEC) Standard 705–1998 

and Amendment 2–1993, ‘‘Methods for 

Measuring the Performance of 

Microwave Ovens for Households and 

Similar Purposes’’ to measure 

microwave oven cooking efficiency, but 

did not address energy use in the 

standby or off modes. Id. 

DOE published a notice of proposed 

rulemaking (NOPR) on October 17, 2008 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42614 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

4 IEC Standard 62301 CD2 was the draft version 

immediately preceding IEC Standard 62301 CDV. 

(hereafter referred to as the October 

2008 TP NOPR), in which it proposed 

incorporating provisions from IEC 

Standard 62301 into the DOE active 

mode test procedure, as well as 

language to clarify application of these 

provisions for measuring standby mode 

and off mode power in microwave 

ovens. The October 2008 TP NOPR also 

proposed correcting a technical error in 

the calculation of microwave test 

cooking energy output. 73 FR 62134 

(Oct. 17, 2008). DOE held a public 

meeting on November 14, 2008 

(hereafter referred to as the November 

2008 public meeting), to hear oral 

comments on and solicit information 

relevant to the October 2008 TP NOPR. 

Interested parties remarked upon, 

among other things, harmonization of 

standards and test procedures with 

those of other countries and 

international agencies. In particular 

commenters urged DOE to consider IEC 

Standard 62301 Second Edition, which 

was in the process of being finalized 

and published. 

After the October 2008 TP NOPR was 

published, DOE determined that it 

would consider the revised version of 

IEC Standard 62301, i.e., IEC Standard 

62301 Second Edition, in the microwave 

oven test procedure rulemaking. The 

revised version was expected in July 

2009. DOE anticipated, based on review 

of drafts of the updated IEC Standard 

62301, that the revisions could include 

different mode definitions. 

DOE later received information that 

IEC Standard 62301 Second Edition is 

not expected to be issued until late 

2010. Because EPCA requires DOE to 

establish test procedures for standby 

and off mode by March 31, 2011 and 

DOE is conducting a concurrent energy 

conservation standards rulemaking for 

standby and off mode energy use, 

discussed below, DOE publishes today’s 

SNOPR to consider the new mode 

definitions from the most recent draft 

version of IEC Standard 62301, 

designated as IEC Standard 62301 

Second Edition, Committee Draft for 

Vote (IEC Standard 62301 CDV). IEC 

Standard 62301 CDV contains proposed 

amendments to IEC Standard 62301, 

including new mode definitions based 

on those proposed in IEC Standard 

62301 Second Edition, Committee Draft 

2 (IEC Standard 62301 CD2) 4 and which 

address comments received by 

interested parties in response to IEC 

Standard 62301 CD2. As a result of this 

continued refinement on the basis of 

public comment, DOE believes that 

these most recent mode definitions 

represent the best definitions available 

for the analysis in support of today’s 

SNOPR. 

As stated in the previous paragraph, 

DOE is considering amended microwave 

oven energy conservation standards 

addressing standby and off mode energy 

use concurrently with the test procedure 

rulemaking process. The National 

Appliance Energy Conservation Act of 

1987 (NAECA; Pub. L. 100–12), which 

amended EPCA, established prescriptive 

standards for kitchen ranges and ovens, 

but no standards were established for 

microwave ovens. 42 U.S.C. 6295(h) The 

NAECA amendments also required DOE 

to conduct two cycles of rulemakings to 

determine whether to revise the 

standard. DOE undertook the first cycle 

of these rulemakings and issued a final 

rule on September 8, 1998 (63 FR 

48038), in which DOE found that no 

amended standards were justified for 

electric cooking products, including 

microwave ovens. 

DOE initiated the second cycle of 

energy conservation standards 

rulemakings for cooking products by 

publishing a framework document 

covering, in part, microwave ovens, and 

giving notice of a public meeting and 

the availability of the document. 71 FR 

15059 (March 27, 2006). In its 

subsequent advance notice of proposed 

rulemaking (ANOPR) (72 FR 64432, 

Nov. 15, 2007; hereafter the November 

2007 ANOPR) concerning energy 

conservation standards for commercial 

clothes washers and residential 

dishwashers, dehumidifiers, and 

cooking products, including microwave 

ovens (hereafter referred to as the 

appliance standards rulemaking), DOE 

determined that energy consumption by 

microwave ovens in the standby mode 

represents a significant portion of 

microwave oven energy use, and that a 

standard regulating such energy 

consumption would likely have 

significant energy savings. 72 FR 64432, 

64441–42 (Nov. 15, 2007). Before 

standby power could be included in an 

efficiency standard for microwave 

ovens, however, test procedures for the 

measurement of standby power would 

be required. Id. 

On December 13, 2007, DOE held a 

public meeting to receive and discuss 

comments on the November 2007 

ANOPR (hereafter referred to as the 

December 2007 public meeting). At the 

December 2007 public meeting, DOE 

presented for discussion the possibility 

that test standard IEC Standard 62301 

First Edition could be incorporated by 

reference into DOE’s microwave oven 

test procedure to measure standby 

power. DOE also discussed 

clarifications to the IEC Standard 62301 

test conditions at the December 2007 

public meeting, including a requirement 

that, if the measured power is not stable, 

the standby mode power test would be 

run for a period of 12 hours with an 

initial clock setting of 12 a.m. This 

would permit more accurate 

measurement of average standby power 

consumption. 

DOE published a NOPR for the 

appliance standards rulemaking on 

October 17, 2008, in which it tentatively 

concluded that a standard for 

microwave oven standby mode and off 

mode energy consumption would be 

technologically feasible and 

economically justified. 73 FR 62034. 

DOE received responses to the NOPR 

from interested parties regarding the 

harmonization of standards and test 

procedures with those of other countries 

and international agencies. As a result 

of these comments, DOE decided to 

consider the revised version of IEC 

Standard 62301 (i.e., IEC Standard 

62301 Second Edition) in the 

development of energy conservation 

standards for the standby mode and off 

mode power consumption of microwave 

ovens. As stated above, issuance of the 

revised version was expected in July 

2009 but is now expected in late-2010, 

and as a result, DOE is considering the 

most recent draft version IEC Standard 

62301 CDV for today’s SNOPR. 

In a final rule published on April 8, 

2009 (74 FR 16040), DOE established 

amended standards for gas cooking 

products, but again found that no active 

mode cooking efficiency standards were 

justified for electric cooking products, 

including microwave ovens. This 

rulemaking completed the second cycle 

of rulemakings required by the NAECA 

amendments to EPCA. (42 U.S.C. 

6295(h)(2)) 

In its analysis for the second cycle of 

rulemakings, DOE determined that the 

microwave oven test procedure 

provisions to measure cooking 

efficiency do not produce accurate and 

repeatable test results. DOE is unaware 

of any test procedures that have been 

developed that address the concerns 

with the DOE microwave oven cooking 

efficiency test procedure. DOE, 

therefore, repealed the regulatory 

provisions establishing the cooking 

efficiency test procedure for microwave 

ovens under EPCA in a final rule 

published elsewhere in today’s Federal 

Register. DOE has also published a 

notice of a public meeting to discuss a 

separate rulemaking process to establish 

new provisions for measuring 

microwave oven energy efficiency in 

active (cooking) mode in today’s 

Federal Register. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42615 

5 DOE also proposed in the October 2008 TP 

NOPR a technical correction to the equation for 

calculating the microwave oven test cooking energy 

output which, as stated at the time in the test 

procedure, produced a value with incorrect units. 

Because DOE published a final rule elsewhere in 

today’s Federal Register that eliminated provisions 

for measuring microwave oven cooking energy use, 

including the calculation of test cooking energy 

output, DOE no longer is proposing such a technical 

correction. 

II. Summary of the Proposed Rule 

In the October 2008 TP NOPR and 

this SNOPR, DOE proposes amending 

its test procedures for microwave ovens 

to: 

(1) Assist DOE in the concurrent 

development of energy conservation 

standards that address use of standby 

mode and off mode power by this 

product. 

(2) Address the statutory requirement 

to establish procedures for the 

measurement of standby mode and off 

mode power consumption. 

In the October 2008 TP NOPR, DOE 

proposed incorporating by reference 

specific clauses from IEC Standard 

62301 regarding test conditions and 

testing procedures for measuring the 

average standby mode and average off 

mode power consumption into the 

microwave oven test procedure.5 These 

proposals are not affected by this 

SNOPR, though DOE proposes in this 

SNOPR to incorporate two additional 

clauses from IEC Standards 62301, as 

described in more detail below. DOE 

also proposes in this SNOPR to 

incorporate into the microwave oven 

test procedure definitions of ‘‘active 

mode,’’ ‘‘standby mode,’’ and ‘‘off mode’’ 

that are based on the definitions 

provided in IEC Standard 62301 CDV. 

DOE further proposes language to clarify 

the application of clauses from IEC 

Standard 62301 for measuring standby 

mode and off mode power in this 

SNOPR. Specifically, DOE proposes 

defining the test duration for cases in 

which the measured power is not stable 

(i.e., varies over a cycle), recognizing 

that the power consumption of 

microwave oven displays can vary 

based on the displayed clock time. 

The EISA 2007 amendments to EPCA 

direct DOE to amend the microwave 

oven test procedure to integrate energy 

consumption in standby mode and off 

mode into the overall energy descriptor. 

(42 U.S.C. 6295(gg)(2)(A)) If that is 

technically infeasible, DOE must instead 

prescribe a separate standby mode and 

off mode energy use test procedure, if 

technically feasible. Id. 

In response to the October 2008 TP 

NOPR, DOE received comments from 

interested parties regarding the accuracy 

and repeatability of the existing DOE 

microwave oven test procedure for 

measuring cooking efficiency. Because 

of issues DOE identified with using its 

existing microwave oven test procedure, 

including the large test-to-test variation 

in cooking efficiency measurements, 

and because DOE is unaware of any test 

procedures that have been developed 

that address the concerns with the DOE 

microwave oven cooking efficiency test 

procedure raised by these interested 

parties, DOE repealed the provisions in 

the existing microwave oven test 

procedure relating to the measurement 

of cooking efficiency and energy factor 

(EF) elsewhere in today’s Federal 

Register. Therefore, the requirement to 

integrate energy consumption in 

standby mode and off mode into an 

overall energy descriptor does not 

apply. DOE also published a notice in 

today’s Federal Register announcing a 

public meeting to consider developing a 

new test procedure for active mode 

energy consumption of microwave 

ovens, and DOE will consider the 

statutory requirement to integrate the 

test procedures for standby and off 

mode as any active mode test 

procedures are developed. 

As noted above, EPCA requires that 

DOE determine whether a proposed test 

procedure amendment would alter the 

measured efficiency of a product, 

thereby requiring adjustment of existing 

standards. (42 U.S.C. 6293(e)) Because 

there are currently no Federal energy 

conservation standards for microwave 

ovens (including energy use in the 

standby and off modes), such 

requirement does not apply to this 

rulemaking. DOE is conducting a 

concurrent rulemaking process to 

consider standby and off mode energy 

conservation standards and will 

consider this test procedure rulemaking 

as any standards are developed. 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

This proposal would amend the test 

procedures for kitchen ranges and ovens 

to include test procedures for the 

measurement of standby mode and off 

mode power use for microwave ovens. 

This proposal would also clarify that the 

definition of ‘‘microwave oven’’ in 10 

CFR 430.2 includes microwave ovens 

with or without thermal elements 

designed for surface browning of food 

and combination ovens. 

DOE defines ‘‘microwave oven’’ as ‘‘a 

class of kitchen ranges and ovens which 

is a household cooking appliance 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy.’’ 10 CFR 430.2. In the 

October 2008 TP NOPR, DOE stated that 

the proposed amendments would 

establish test procedures for all 

microwave ovens for which the primary 

source of heating energy is 

electromagnetic (microwave) energy, 

including microwave ovens with or 

without thermal elements designed for 

surface browning of food. DOE stated 

that the proposal did not address test 

procedures for combination ovens (i.e., 

ovens consisting of a single 

compartment in which microwave 

energy and one or more other 

technologies, such as thermal or halogen 

cooking elements or convection 

systems, contribute to cooking the food). 

DOE noted that the proposal also did 

not propose test procedures for the type 

of cooking appliance classified by DOE 

regulations as a microwave/ 

conventional range, which has separate 

compartments or components consisting 

of a microwave oven, a conventional 

oven, and a conventional cooking top. 

DOE requested data on the efficiency 

characteristics of combination ovens in 

the November 2007 ANOPR, but did not 

receive any information. DOE also noted 

in the October 2008 TP NOPR that if 

this information is made available at a 

later date, DOE may consider 

combination ovens in future 

proceedings. 73 FR 62134, 62137 (Oct. 

17, 2008). 

The Association of Home Appliance 

Manufacturers (AHAM), GE Consumer & 

Industrial (GE), Pacific Gas & Electric 

(PG&E), Whirlpool Corporation 

(Whirlpool), and Earthjustice (EJ) 

commented that the proposed definition 

for products covered by this test 

procedure was unclear, seeking 

clarification on the definition of a 

‘‘microwave oven’’ and ‘‘combination 

oven’’ and whether combination ovens 

would be covered by the test procedure. 

(AHAM, No. 8 at pp. 1–2; GE, Public 

Meeting Transcript, No. 7 at pp. 16–17; 

PG&E, Public Meeting Transcript, No. 7 

at pp. 24–25, 32; Whirlpool, Public 

Meeting Transcript, No. 7 at p. 21; EJ, 

Public Meeting Transcript, No. 7 at pp. 

24, 32) 

The Appliance Standards Awareness 

Project (ASAP) questioned the need to 

determine whether combination ovens 

fall within the definition of a microwave 

oven for this rulemaking, because the 

rulemaking is focused on standby 

power. (ASAP, Public Meeting 

Transcript, No. 7 at p. 26) GE cited 

DOE’s statement in the October 2008 TP 

NOPR that the proposal does not 

provide test procedures for combination 

ovens because DOE did not have 

sufficient efficiency characteristic data 

to include these products in the 

rulemaking, but that microwave ovens 


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42616 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

with or without thermal elements are 

included. GE also stated that the 

proposed definition for microwave 

ovens is unclear, inconsistent with 

current regulations, and leads to 

confusion about what is a covered 

product. (GE, No. 9 at pp. 2–3) GE 

suggested that DOE review available 

data, determine the types of products 

used to generate the data, and include 

them in the rulemaking if there is 

adequate data. GE added that, if there is 

insufficient characteristic data to 

support DOE’s analysis, these products 

should be excluded. GE also requested 

clarification on microwave ovens with 

thermal elements, because there are 

microwave ovens that also grill or 

brown. GE stated that there are units 

that have modes that are grill-only and 

microwave-only, but if there was a 

combination microwave-grill cycle that 

would classify it as a combination unit. 

(GE, Public Meeting Transcript, No. 7 at 

pp.16–17) 

AHAM, likewise, noted no mention of 

‘‘thermal elements designed for surface 

browning of food’’ in the definition in 10 

CFR 430.2, and added that the proposed 

definition for microwave ovens is 

inconsistent with current regulations. 

AHAM urged DOE to clarify these 

definitions through a transparent 

process involving all interested parties. 

(AHAM, No. 8 at p. 2) Whirlpool added 

that they manufacture a product, and 

believes GE does as well, that can work 

as a microwave only, work as a 

convection oven, or in combination and 

questioned whether this would be a 

covered product. (Whirlpool, Public 

Meeting Transcript, No. 7 at p. 21) 

ASAP commented that they 

understood a microwave grill to be a 

microwave and not a combination oven, 

questioned whether such a unit with a 

combined cooking cycle would be 

considered a covered product, and 

asked whether DOE had information 

indicating that combination ovens 

cannot be measured under the test 

procedure proposed in the October 2008 

TP NOPR. (ASAP, Public Meeting 

Transcript, No. 7 at p. 18) PG&E stated 

that for products with browning 

functions that cook by microwave 

energy, the controls could be set to use 

only the browning function, in which 

case the product would not be covered 

(PG&E, Public Meeting Transcript, No. 7 

at pp. 19–20), and noted that many 

microwaves in homes also have 

functions which would cause them to be 

classified as combination ovens. (PG&E, 

Public Meeting Transcript, No. 7, pp. 

21–22) EJ stated that even a combination 

product would still be considered a 

household cooking appliance that 

consists of a compartment designed to 

cook or heat food using microwave 

energy. (EJ, Public Meeting Transcript, 

No. 7 at p. 24) 

ASAP, Alliance to Save Energy (ASE), 

American Council for an EnergyEfficient Economy (ACEEE), Natural 

Resources Defense Council (NRDC), 

Northeast Energy Efficiency 

Partnerships (NEEP), Northwest Power 

and Conservation Council (NPCC), and 

Southern California Edison (SoCal 

Edison) in a joint comment (hereafter 

‘‘Joint Comment’’) supported the 

application of the proposed standard 

and test procedure to at least the 

category of microwave ovens specified 

in the October 2008 TP NOPR, and 

supported their application to all 

microwave ovens, including 

combination ovens, in the absence of 

evidence that the proposed standard 

and test procedure are unreasonable. 

(Joint Comment, No. 11 at pp. 1–2) The 

Joint Comment supported Whirlpool’s 

assertion that DOE appears to be 

creating a new product definition, and 

stated that, although DOE’s proposed 

exclusion of combination ovens does 

not appear in the draft text of either the 

proposed microwave oven efficiency 

standard or revision to the test 

procedure, the plain reading of the 

October 2008 TP NOPR makes it clear 

that some portion of this product class 

is proposed to be carved out for separate 

treatment. The Joint Comment pointed 

out that manufacturers have not 

presented evidence that the proposed 

test procedure per se is impractical or 

unworkable for any class of microwave 

ovens and recommended that the test 

procedure be finalized as proposed, so 

that standby and off mode power use of 

all microwave ovens can be measured, 

and leave the coverage of the efficiency 

standard to the efficiency standard 

rulemaking. (Joint Comment, No. 11 at 

p. 2) 

ASAP noted that DOE elected to move 

the test procedure modification for 

microwave ovens forward to incorporate 

standby mode while the remainder of 

cooking products will be addressed by 

the EISA 2007 statutory date, and 

inquired about the interpretation that 

combination ovens would thus be 

addressed in the 2011 rulemaking. 

(ASAP, Public Meeting Transcript, No. 

7 at pp. 29–31) 

GE noted that the majority of over-therange units are microwave only and are 

not combination modes (GE, Public 

Meeting Transcript, No. 7 at p. 33) and 

combination ovens represent a smaller 

segment of the market. (GE, Public 

Meeting Transcript, No. 7 at pp. 28–29) 

EJ commented that although 

combination ovens are a very small 

portion of the market, they represent 

higher-end units that presumably would 

be the ones with the thermal elements 

and are more likely to have highintensity displays, maybe with backing 

fluorescents. EJ pointed out that DOE 

could be allowing manufacturers to 

have excessive standby consumption on 

those products deemed to be 

combination ovens, if they are not 

covered. (EJ, Public Meeting Transcript, 

No. 7 at p. 32) 

The Joint Comment also noted that 

excluding subclasses of microwave 

ovens that comprise a significant share 

of the total microwave oven market from 

the coverage of the standby efficiency 

standard could invite actions by States 

to set efficiency standards for those 

uncovered products. (Joint Comment, 

No. 11 at p. 2) PG&E suggested 

clarifying what products are covered, 

because California and PG&E intend to 

pursue a state standard for combination 

ovens. (PG&E, Public Meeting 

Transcript, No. 7 at pp. 24–25) PG&E 

also stated that it would advocate in 

California for a prescriptive standard 

covering just standby energy use of 

combination ovens to bring it in line 

with microwave-only products. (PG&E, 

Public Meeting Transcript, No. 7 at p. 

32) 

In response, DOE first notes that, for 

this SNOPR, it conducted a survey of 

microwave oven models currently 

available on the U.S. market, including 

countertop, over-the-range, and built-in 

configurations. DOE determined that 

fewer than 1 percent of the available 

models (1 out of 129) have thermal 

elements for grilling but no convection 

capability, while 16 percent (21 out of 

129) are combination units (microwave 

+ convection and possibly thermal 

elements). Although DOE does not have 

shipment-weighted data regarding the 

percentage of microwave ovens with 

thermal elements for grilling or 

combination ovens, DOE does not 

believe that including microwave ovens 

with thermal elements only, with or 

without further specification of the 

function of the thermal elements, would 

substantially affect the number or scope 

of covered products in this rulemaking. 

DOE proposes to clarify that microwave 

ovens with thermal elements only 

would be considered covered products 

under the definition provided in 10 CFR 

430.2. Based on DOE’s product 

literature review for the single available 

microwave oven with thermal elements 

only, DOE believes that the standby and 

off mode operation for microwave ovens 

with thermal elements only does not 

differ from that of microwave-only 

units. 

DOE also proposes to clarify that 

combination microwave ovens (i.e., 


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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42617 

microwave ovens that incorporate 

convection features and possibly other 

means of cooking) would be considered 

covered products under the regulatory 

definition in 10 CFR 430.2 because they 

are capable of cooking or heating food 

by means of microwave energy. As a 

result, DOE analyzed the features and 

operation of these products, conducting 

in-store surveys and product literature 

reviews, to determine if additional 

testing procedures would be required 

that differ from the testing procedures 

for microwave-only units. DOE 

recognizes that combination ovens may 

have more sophisticated displays and 

menu screens, as well as additional 

features associated with active mode 

operation (i.e., fans, heater elements, 

etc.) that may require larger power 

supplies than a microwave-only unit 

and therefore may consume more power 

in standby or off mode. However, based 

on its preliminary analysis, DOE 

believes that the general standby and off 

mode operation for combination 

microwave ovens does not differ from 

that of microwave-only units and 

microwave ovens with thermal elements 

only. The standby mode operation for 

combination microwave ovens, as with 

other types of microwave ovens, 

consists of an energized display with a 

clock. 

This SNOPR does not affect DOE’s 

proposal from the October 2008 TP 

NOPR that the test procedure would 

cover microwave ovens with and 

without browning (thermal) elements. 

However, this SNOPR clarifies what is 

meant by a combination oven and 

revises the proposal to include 

microwave ovens that incorporate 

convection systems as products to 

which the test procedures would be 

applicable. Because DOE tentatively 

determines that the operation in standby 

and off mode for microwave-only units, 

microwave ovens with thermal elements 

only, and combination microwave ovens 

is the same, DOE is proposing that the 

same test procedure amendments for 

standby and off mode testing, discussed 

in the sections below, be used for all of 

these product types. DOE welcomes 

comment on this determination and 

whether there are additional standby 

and off modes or other product features 

for each particular type of microwave 

oven that would require separate testing 

procedures. 

B. Effective Date for the Test Procedure 

and Date on Which Use of the Test 

Procedure Would Be Required 

As indicated above, EPCA requires 

that the microwave oven test procedure 

be amended to incorporate 

measurement of standby mode and off 

mode power by March 31, 2011. While 

DOE published a NOPR on October 17, 

2008 and subsequently a final rule on 

April 8, 2009 for the appliance 

standards rulemaking, DOE determined 

it appropriate to consider the revised 

IEC Standard 62301 Second Edition, 

expected in July 2009, in determining 

whether to adopt energy conservation 

standards for the standby mode and off 

mode power consumption of microwave 

ovens. As noted in section I, DOE was 

later notified that the revised IEC 

Standard 62301 would not be available 

until late 2010, and determined to 

publish today’s SNOPR to consider the 

new mode definitions from the language 

in IEC Standard 62301 CDV. 

The effective date of the standby and 

off mode test procedures would be 30 

days after the date of publication in the 

Federal Register of any final rule in this 

test procedures rulemaking. However, 

DOE’s amended test procedure 

regulations codified in the CFR would 

clarify that the procedures and 

calculations proposed in today’s SNOPR 

need not be performed to determine 

compliance with energy conservation 

standards until compliance with any 

final rule establishing amended energy 

conservation standards for microwave 

ovens in standby mode and off mode is 

required. However, the standby mode 

and off mode energy consumption test 

procedures would need to be used by 

manufacturers for making any 

representations on standby and off 

mode power consumption. Specifically, 

clarification would also be provided 

that, as of 180 days after publication of 

any test procedure final rule, any 

representations as to the standby mode 

and off mode energy consumption of the 

products that are the subject of this 

rulemaking would need to be based 

upon results generated under the 

applicable provisions of this test 

procedure. (42 U.S.C. 6293(c)(2)) 

AHAM suggested DOE harmonize its 

effective date with the 2013 effective 

date for a 1–Watt (W) standard in other 

countries (AHAM, Public Meeting 

Transcript, No. 7 at p.10), noting that 

many other countries are moving to 1– 

W standby requirements or targets for 

reporting, and the European Union (EU) 

is moving towards manufacturer selfreporting. AHAM stated that DOE’s 

proposed standards are going to be one 

of the most stringent in the world 

(AHAM, Public Meeting Transcript, No. 

7 at pp. 34–35), and as Europe is on the 

forefront of standby power guidelines 

and clarifications (AHAM, Public 

Meeting Transcript, No. 7 at p. 9), DOE 

must ensure that test procedures are as 

thorough and current as possible and 

capable of harmonization with 

international standards. (AHAM, No. 8 

at p.1) 

AHAM cited deficiencies in the 

proposed microwave oven test 

procedure and suggested that the test 

procedure be modified and reviewed 

based on the original timeline of March 

31, 2011, for incorporation of standby 

power into kitchen ranges and ovens. 

This, AHAM suggested, would ensure 

that the test procedure is accurate and 

consistent across all products and 

within the international community. 

(AHAM, No. 8 at p. 4) GE and Whirlpool 

agreed with AHAM’s comments 

regarding the status and condition of the 

proposed test procedure (GE, No. 9 at p. 

2; Whirlpool, No. 10, at p.1), and 

Whirlpool also noted that the EU has 

promulgated a standard for standby and 

off mode energy consumption (1–W 

standby mode, 0.5–W off mode) using a 

draft of IEC Standard 62301, with an 

effective date of January 2013. 

Whirlpool asserted that consumers 

would benefit from lower product costs 

if manufacturers were able to plan for 

one harmonized effective date for 

standards in the United States and 

Europe. (Whirlpool, No. 10 at p.1) 

As noted above, DOE determined it 

appropriate to consider the revised IEC 

Standard 62301 Second Edition, 

expected in July 2009, in developing 

energy conservation standards for 

microwave oven standby and off mode 

power consumption. DOE was later 

notified that the revised IEC Standard 

62301 would not be available until late2010 and, therefore, determined to 

consider the language from IEC 

Standard 62301 CDV. DOE noted that 

the EU recently enacted the Commission 

Regulation (EC) No. 1275/2008 of 

December 17, 2008, implementing 

design requirements for standby and off 

mode power for electrical and electronic 

household and office equipment, 

including microwave ovens. The 

regulation specifies the maximum 

allowable power consumption for 

standby mode and off mode with 

phased effective dates in 2010 and 2013. 

Although these international effective 

dates are not the basis for DOE’s energy 

conservation standards rulemaking 

schedule for microwave ovens, DOE’s 

determination to consider the language 

from IEC Standard 62301 CDV as this 

rulemaking proceeds will result in a 

methodology and an effective date 

which are harmonized to the extent 

possible with certain international 

standby and off mode standards. 

GE commented that it could be 

difficult for manufacturers to meet the 

1–W standard while providing 

consumer utility, especially for overthe-range units, which, according to GE, 


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42618 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

6As stated previously, DOE published a final rule 

elsewhere in today’s Federal Register repealing the 

active mode test procedure for microwave ovens 

because of measurement variations incurred 

through use of the test procedure. 

7 DOE previously defined microwave oven EF in 

10 CFR 430.23 (i)(2) as the ratio of (Annual Useful 

Cooking Energy Output/Annual Total Energy 

Consumption), which was equivalent to microwave 

cooking efficiency (Test Energy Output/Test Energy 

Consumption). 

cannot use Light Emitting Diode (LED) 

and Liquid Crystal Display (LCD) 

technologies. GE stated that the power 

consumption of LEDs varies as a 

function of what is illuminated, but 

Vacuum Fluorescent Displays (VFDs) 

have the same power draw even when 

the display is off. (GE, Public Meeting 

Transcript, No. 7 at p. 67) DOE plans to 

address issues regarding the 

technological feasibility and economic 

justification of proposed energy 

conservation standards for standby and 

off mode energy consumption for 

microwave ovens as part of the 

concurrent appliance standards 

rulemaking rather than this test 

procedure rulemaking. 

The Joint Comment stated that 

deferring the microwave oven test 

procedure revision until after the 

finalization of the cooking products rule 

will result in the exclusion of subclasses 

of microwave ovens, which would 

imply that States could set efficiency 

standards for these products. The Joint 

Comment further stated that, in this 

case, some States may not realize these 

energy savings until 2020—the earliest 

effective date for a subsequent federal 

cooking products rulemaking—but costeffective methods to reduce unnecessary 

standby consumption from microwave 

ovens are more immediately available. 

(Joint Comment, No. 11 at p. 2) As 

discussed above, DOE is considering 

energy conservation standards for 

microwave oven standby mode and off 

mode energy consumption in a 

concurrent rulemaking process. 

C. Measures of Energy Consumption 

Historically, DOE’s microwave oven 

test procedure provided for the 

calculation of several measures of 

energy consumption, including cooking 

efficiency, energy factor (EF), and 

annual energy consumption, and DOE’s 

rulemaking analyses have used EF as 

the energy conservation metric for 

microwave ovens.6,7

A number of commenters provided 

input on the integration of standby and 

off mode test procedures in response or 

the October 2008 TP NOPR, in which 

DOE proposed separate metrics (average 

standby mode power (PSB) in W and 

average off mode power (POFF) in W, 

rather than EF) to measure standby 

mode and off mode power given the 

measurement variability in the active 

mode test procedure and related 

concerns. 73 FR 62134, 62139 (Oct. 17, 

2008). 

AHAM commented that it is not 

practical to include standby and off 

mode power into a single energy 

descriptor because standby power is a 

substantial fraction of the overall energy 

use of a microwave oven (AHAM, No. 

8 at pp. 3–4), while the Joint Comment 

supported DOE’s conclusion for a 

separate metric. (Joint Comment No. 11 

at p. 4) Whirlpool agreed that, although 

a combination energy descriptor is 

arithmetically possible, such a metric 

would be illogical and should not be 

pursued. (Whirlpool, No. 10 at p. 1) 

PG&E commented that microwave ovens 

do not have high annual energy usage, 

and that the range of cooking efficiency 

between the best and the worst is only 

5–7 percent; this implies that cooking 

efficiency is not a significant 

opportunity for regulation, but that 

standby efficiency is significant. (PG&E 

Public Meeting Transcript, No. 7 at p. 

41) 

ASAP also cited substantial problems 

with the test procedure for measuring 

cooking efficiency that have not yet 

been addressed, including a lack of 

repeatable and consistent results and 

the possibility that the challenge of 

dealing with cooking efficiency is being 

compounded by rating the cooking 

efficiency of combination ovens in their 

various cooking modes. (ASAP, Public 

Meeting Transcript, No. 7 at p. 25) PG&E 

noted that heat transfer in a microwave 

oven depends on the specific resistivity 

of the load, and that pure water has 

relatively low specific resistivity, and 

items that might be cooked in a 

microwave oven would have more salt 

and thus absorb microwave energy more 

efficiently than pure water. PG&E noted 

that, while water is easily obtainable for 

testing, using it probably results in 

lower cooking efficiency measurements 

than would be expected from using 

actual food products. (PG&E, Public 

Meeting Transcript, No. 7 at pp. 44–45) 

DOE addressed the issues with the 

cooking efficiency measurement in its 

repeal of the active mode test procedure 

and notice announcing a public meeting 

to discuss the development of new 

active mode test procedure published 

elsewhere in today’s Federal Register. 

DOE also believes that it is infeasible to 

specify a food load in the test procedure 

at this time. Specification of a food load 

would require additional analysis and 

inputs from interested parties to 

understand what a representative food 

load is and how to ensure consistency 

in food properties from test to test. DOE 

is unaware of any test procedures that 

have been developed that address the 

concerns with the DOE microwave oven 

cooking efficiency test procedure 

discussed above. DOE is also unaware of 

any research or data on consumer usage 

indicating what a representative food 

load would be, or any data showing how 

changes to the representative test load 

would affect the measured EF or 

repeatability of test results. For these 

reasons, DOE proposes only to establish 

the test procedure for microwave ovens 

to address standby mode and off mode 

energy consumption in today’s SNOPR. 

However, DOE welcomes consumer 

usage data on representative food loads, 

as well as data indicating how changes 

to the test load would affect the 

measured EF and on the repeatability of 

such test results. 

D. Incorporating by Reference IEC 

Standard 62301 for Measuring Standby 

Mode and Off Mode 

EPCA, as amended by EISA 2007, 

requires that DOE consider the most 

current versions of IEC Standards 62301 

and 62087 when amending test 

procedures to include standby mode 

and off mode energy consumption. (42 

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

DOE noted in the October 2008 TP 

NOPR that IEC Standard 62301 provides 

for the measurement of standby power 

in electrical appliances, including 

microwave ovens, and, thus, is 

applicable to the proposed amendments 

to the test procedure. As discussed in 

more detail below, the SNOPR does not 

affect DOE’s proposal of the clauses 

from sections 4 and 5 of IEC Standard 

62301 identified in the October 2008 TP 

NOPR, but proposes to incorporate by 

reference two additional paragraphs in 

response to comments. DOE also 

reviewed IEC Standard 62087, which 

specifies methods of measurement for 

the power consumption of TV receivers, 

VCRs, set top boxes, audio equipment, 

and multi-function equipment for 

consumer use. IEC Standard 62087 does 

not, however, include measurement for 

the power consumption of electrical 

appliances such as microwave ovens. 

Therefore, DOE determined that IEC 

Standard 62087 was not suitable for the 

proposed amendments to the microwave 

oven test procedure for this rulemaking. 

73 FR 62134, 62139 (Oct. 17, 2008). 

In considering IEC Standard 62301, 

DOE noted that the microwave oven 

standby power data that AHAM 

provided to DOE for the energy 

conservation standards rulemaking were 

based on measurements of standby 

power in accordance with IEC Standard 

62301, as were the data DOE gathered in 

response to interested parties’ 


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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42619 

8For more information on IEA’s ‘‘1–Watt Plan,’’ 

visit http://www.iea.org/textbase/subjectqueries/ 

standby.asp. 

9For more information on this agreement, please 

visit: http://www.wto.org/english/tratop_e/tbt_e/ 

tbtagr_e.htm. 

comments on the framework document 

in that rulemaking. As stated in the 

October 2008 TP NOPR, DOE conducted 

a test program to analyze the suitability 

of IEC Standard 62301 for incorporation 

into the DOE microwave oven test 

procedure. Specifically, DOE sought to 

determine whether the IEC Standard 

62301 test conditions and procedures 

would be suitable for incorporation into 

the DOE test procedure for microwave 

ovens to measure standby mode power 

use. Test data affirm that, with 

additional specifications added for test 

cycle duration and starting clock time, 

IEC Standard 62301 appears suitable for 

inclusion in the DOE test procedure for 

that purpose. 73 FR 62134, 62139 (Oct. 

17, 2008). 

In the October 2008 TP NOPR, DOE 

also considered harmonization of test 

procedures with international standby 

programs, such as the International 

Energy Agency (IEA) ‘‘1–Watt Plan.’’ 8

DOE stated that it believes that 

incorporating IEC Standard 62301 into 

the DOE test procedure will provide 

harmonization with most international 

standards for standby power in 

microwave ovens. 73 FR 62134, 62140 

(Oct. 17, 2008). 

In the October 2008 TP NOPR, DOE 

also proposed incorporating specific 

clauses from IEC Standard 62301 by 

reference into the DOE test procedure 

for microwave ovens for the 

measurement of standby and off mode 

power. These clauses provide test 

conditions and testing procedures for 

measuring the average standby mode 

and average off mode power 

consumption: section 4 of IEC Standard 

62301 provides conditions for the 

supply voltage waveform, ambient room 

air temperature, and power 

measurement meter tolerances to 

provide for repeatable and precise 

measurements of standby mode and off 

mode power consumption; and section 

5 of IEC Standard 62301 clarifies the 

measurement of standby mode for units 

with a short-duration higher power state 

before a lower power state, and provides 

methods for measuring standby mode 

and off mode power when the power 

measurement is stable and unstable (i.e., 

varies over a representative cycle). Id. 

Thus, DOE proposed incorporating the 

same clauses from IEC Standard 62301 

for measuring both standby mode and 

off mode power consumption. 

DOE also stated in the October 2008 

TP NOPR that it believes that the 

proposed amendments to the microwave 

oven test procedure would provide a 

uniform and widely accepted test 

method for measuring standby mode 

and off mode power consumption. DOE 

also believes that the proposed 

amendments to the microwave oven test 

procedure would provide a method to 

measure the standby energy use of not 

just the clock display, but all microwave 

oven components, such as control 

electronics and power supply losses. Id. 

Finally, DOE recognized that the IEC 

is developing an updated test procedure 

(IEC Standard 62301 Second Edition). 

As discussed above, DOE proposed 

microwave oven test procedure 

amendments using IEC Standard 62301 

First Edition 73 FR 62314, 62140–41 

(Oct. 17, 2008). DOE also stated in the 

October 2008 TP NOPR that the IEC 

projected publication of the new test 

procedure in July 2009. DOE now 

understands that the revised IEC test 

procedure is not expected to be 

published until late 2010. For purposes 

of the EPCA requirement to consider the 

most current version of IEC Standard 

62301, therefore, DOE considered IEC 

Standard 62301 First Edition for the 

October 2008 NOPR and this SNOPR. 

(42 USC 6295(gg)(20(A). 

AHAM supports the inclusion of 

Section 4 and Section 5 from IEC 

Standard 62301 into the measurement of 

standby power. (AHAM, Public Meeting 

Transcript, No. 7 at pp. 52–53), but 

commented that DOE does not specify 

how the microwave oven should be set 

up during testing. AHAM also noted 

that DOE references IEC Standard 62301 

Paragraph 5.1 ‘‘General’’ and Paragraph 

5.3 ‘‘Procedure,’’ but neglects to 

reference Paragraph 5.2 ‘‘Preparation of 

Appliance or Equipment.’’ AHAM 

asserted that this step is crucial to a 

robust procedure, and that DOE should 

accept the clarification from IEC 

Standard 62301, Section 5.2 that ‘‘[t]he 

appliance shall be tested at factory or 

‘default’ settings. Where there are no 

indications for such settings, the 

appliance shall be tested as supplied.’’ 

(AHAM, No. 8 at p. 3) The Joint 

Comment supported this 

recommendation. (Joint Comment, No. 

11 at p. 4) GE also deemed the October 

2008 TP NOPR unclear on how the unit 

should be set up for the standby 

measurement, and reinforced the 

importance of harmonizing with IEC 

Standard 62301. (GE, No. 9 at p. 3) 

DOE agrees that incorporating 

paragraph 5.2, ‘‘Selection and 

preparation of appliance or equipment,’’ 

of IEC Standard 62301 provides 

clarification to the installation 

requirements for standby mode and off 

mode energy consumption testing. DOE 

also agrees that paragraph 5.2 of IEC 

Standard 62301 provides additional 

guidance regarding specifications for 

test setup that would result in a measure 

of standby and off mode energy 

consumption that best replicates actual 

consumer usage. For these reasons, DOE 

proposes in today’s SNOPR to 

incorporate by reference paragraph 5.2 

of IEC Standard 62301. 

PR China underscored the importance 

of taking into account the accuracy of 

the equipment providing electrical 

supply for testing; pointing out that IEC 

Standard 62301 has a provision that the 

electrical supply should be 120 volts (V) 

± 1 percent and 60 Hertz (Hz) ± 1 

percent. PR China also noted that, 

according to Article 2.4 of the World 

Trade Organization/Technical Barriers 

to Trade Agreement (WTO/TBT 

Agreement),9 members should use 

existing technical regulations and 

international standards as a basis for 

their technical regulations. PR China 

recommended that DOE adopt the same 

requirements as those in IEC Standard 

62301 or provide reasonable scientific 

basis for having different requirements. 

(PR China, No. 12 at p. 3) 

DOE notes that section 4.3 of IEC 

Standard 62301 specifies the electrical 

supply requirements, stating that ‘‘where 

this standard is referenced by an 

external standard or regulation that 

specifies a test voltage and frequency, 

the test voltage and frequency so 

defined. Where the test voltage and 

frequency are not defined by an external 

standard, the test voltage and test 

frequency shall be * * *’’ 115 V ± 1 

percent and 60 Hz ± 1 percent for North 

America. In addition, section 4.3 of IEC 

Standard 62301 specifies that some 

single phase voltages can be double the 

nominal voltage specified for that 

region, which would result in a voltage 

requirement of 230V ± 1 percent for 

North America. DOE believes that the 

accuracy of the electrical supply, 

including voltage and frequency, 

specified in IEC Standard 62301 are 

generally recognized as suitable for 

producing robust standby and off mode 

power measurements in microwave 

ovens. However, DOE conducted a 

product literature review to analyze the 

electrical supply requirements for 

microwave ovens available on the U.S. 

market and determined that all 

microwave ovens specify a rated voltage 

of 120V or 240V (for a small number of 

combination microwave ovens) and a 

frequency of 60 Hertz (Hz). For this 

reason, DOE proposes in today’s SNOPR 

to specify electrical supply 

requirements of 120/240 V ± 1 percent 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42620 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

and 60 Hz ± 1 percent in section 2.2.1 

of the DOE microwave oven test 

procedure. As noted in section 4.3 of 

IEC Standard 62301, the proposed 

voltage requirement of 120/240 V for 

standby and off mode testing would 

supersede the requirement of 115/230 V 

specified in IEC Standard 62301. 

As discussed above in section III.A, 

because DOE has tentatively concluded 

that the operation in standby and off 

mode is the same for microwave-only 

units, microwave ovens with thermal 

elements only, and combination 

microwave ovens, DOE is proposing that 

the same test procedure amendments for 

standby and off mode testing discussed 

in this section be used for all of these 

product types. 

E. Definitions of ‘‘Active Mode,’’ 

‘‘Standby Mode,’’ and ‘‘Off Mode’’ 

DOE proposed using the EPCA 

definitions of ‘‘active mode,’’ ‘‘standby 

mode,’’ and ‘‘off mode’’ in the October 

2008 TP NOPR. EPCA defines ‘‘standby 

mode’’ as the condition in which an 

energy-using product is connected to a 

main power source and offers one or 

more of the following user-oriented or 

protective functions: A remote switch 

(including remote control), internal 

sensor, or timer to facilitate the 

activation or deactivation of other 

functions (including active mode; and 

continuous functions, including 

information or status displays 

(including clocks) or sensor-based 

functions. (42 U.S.C. 6295(gg)(1)(A)(iii)) 

EPCA defines ‘‘off mode’’ as the 

condition in which an energy-using 

product is connected to a main power 

source and is not providing any standby 

mode or active mode function. (42 

U.S.C. 6295(gg)(1)(A)(ii)) 

EPCA defines ‘‘active mode,’’ which is 

referenced in the definition of ‘‘off 

mode,’’ as the condition in which an 

energy-using product is connected to a 

main power source, has been activated, 

and provides one or more main 

functions. (42 U.S.C. 6295(gg)(1)(A)(i)) 

As discussed in the October 2008 TP 

NOPR, DOE considers ‘‘main functions’’ 

for a microwave oven to be those 

operations in which the magnetron and/ 

or thermal element is energized for at 

least a portion of the time for purposes 

of heating, cooking, and/or defrosting 

the load. 73 FR 62134, 62141 (Oct. 17, 

2008). DOE noted that a microwave 

oven with a continously energized 

display or cooking sensor, or a 

microwave oven that automatically 

powers down certain energy-consuming 

components after a cooking cycle and 

waits to detect an event to trigger reenergization of these components, 

would be considered capable of 

operation in standby mode but not off 

mode. DOE additionally noted that if 

the microwave oven is equipped with a 

manual power on/off switch, which 

completely cuts off power to the 

appliance (i.e., removes or interrupts all 

connections to the main power source, 

in the same manner as unplugging the 

appliance), the microwave oven would 

not be in the ‘‘off mode’’ when the 

switch is in the ‘‘off’’ position. Id. 

AHAM and Whirlpool both stated that 

DOE’s incorporation of the EISA 2007 

standby and off mode definitions into 

the proposed microwave oven test 

procedure does not acknowledge the 

substantial effort and progress made by 

the IEC in clarifying these definitions 

during the past year. AHAM affirmed 

that IEC Standard 62301 CD2, even in 

draft form, should be included in this 

rulemaking to ensure that international 

consistency in standards and testing is 

obtained to the greatest extent practical. 

AHAM further stated that DOE can 

clarify the EISA 2007 language using 

IEC Standard 62301 CD2, which would 

result in a stronger, more consistent test 

procedure. (AHAM, No. 8 at p. 2; 

Whirlpool, No. 10 at p. 2) Whirlpool 

noted that EISA 2007 (Section 310 

(gg)(1)(B)) allows the Secretary to amend 

the definitions of standby mode and off 

mode, taking into account revisions to 

IEC Standard 62301, and suggested DOE 

adopt IEC Standard 62301 CD2, along 

with the definitions and examples 

proposed by AHAM and Whirlpool, as 

discussed in section III.E. (Whirlpool, 

No. 10 at pp. 2–3) EJ disputed DOE’s 

assumption that it cannot consider any 

pending amendments to IEC Standard 

62301. (EJ, Public Meeting Transcript, 

No. 7 at p. 80) PG&E supports 

harmonization with international 

standards because of the international 

markets for these products. (PG&E, 

Public Meeting Transcript, No. 26 at p. 

35) PR China suggested DOE amend its 

testing measures in accordance with IEC 

Standard 62301 or provide reasonable 

scientific basis for not doing so, noting 

that this is in accordance with Article 

2.4 of the TWO/TBT Agreement. PR 

China suggested the U.S. government 

further harmonize standards in order to 

facilitate international trade. (PR China, 

No. 12 at p. 4) 

AHAM commented that IEC Standard 

62301 CD2 modernizes and clarifies the 

definitions for each mode, and proposed 

that DOE consider incorporating this 

language, or the clarifications AHAM 

provided in its submitted comments, 

into the DOE microwave oven test 

procedure (AHAM, No. 8 at pp. 2, 4, 5– 

6) Whirlpool supported the mode 

definitions and clarifying examples 

developed by AHAM members. 

(Whirlpool, No. 10 at pp. 2–3) AHAM 

stated that the industry’s premise for 

this proposal is harmonization with the 

international community—in particular, 

Europe—on standby power standards. 

AHAM stated that its proposal utilizes 

elements of IEC Standard 62301 CD2 

and the European directive published in 

June 2008 and provides clarification to 

EISA 2007 requirements for microwave 

ovens. (AHAM, No. 8 at p. 2) AHAM’s 

proposed definitions include: 

Off Mode 

Off mode describes the status of an 

appliance when it is connected to the 

main electricity supply and is not 

providing any function. Off mode may 

persist for an indefinite period of time. 

Off Mode includes: 

1. LED or some other indication of off 

mode condition; 

2. Electric noise reduction capacitor, 

choke or filter; 

3. The state where a one-way remote 

control device will turn the product off, 

but cannot be used to activate the 

product; 

4. Leakage current will occur in some 

appliances, and may include voltage 

and current flow in 208/230 volt 

appliances where only one leg of the 

line is isolated by the switch; 

5. May include electrical energy flow 

to a primary transformer of some 

electronics units. 

Standby Mode 

Standby mode describes the status of 

an appliance when it is connected to the 

mains electricity supply and is not 

performing its primary function, but is 

providing a consumer or protective 

function as defined by the 

manufacturer’s instructions. Standby 

mode for an appliance is the power 

(wattage) consumed after it has been 

automatically or manually placed in 

Standby mode and allowed to stabilize. 

Standby mode may persist for an 

indefinite period of time. Standby mode 

may allow activation of other modes by 

local or remote switch. 

Standby Mode includes continuous 

subsidiary functions such as: 

1. Continuous time of day displays at 

the lowest power state selectable by the 

user; 

2. Power required to perform two-way 

consumer convenience remote control 

operation; 

3. Sensor maintenance power 

(keeping sensors warm) at the lowest 

power state selectable by the user; 

4. Low voltage power supplies for 

controls, switches, memories and 

clocks. 

Active Mode 

Active mode describes the state of an 

appliance when it is connected to the 

main electricity supply and is providing 


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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42621 

10The actual language for the standby mode 

definition in IEC Standard 62301 CDV describes 

‘‘* * * user oriented or protective functions which 

usually persist’’ rather than ‘‘* * * user oriented or 

protective functions which may persist for an 

indefinite time.’’ DOE notes, however, that section 

5.1 of IEC Standard 62301 CDV states that ‘‘a mode 

is considered persistent where the power level is 

constant or where there are several power levels 

that occur in a regular sequence for an indefinite 

period of time.’’ DOE believes that the proposed 

language, which was originally included in IEC 

Standard 62301 CD2, encompasses the possible 

scenarios foreseen by section 5.1 of IEC Standard 

62301 CDV without unnecessary specificity. 

one or more of the primary functions 

required of it by the consumer in 

accordance with the manufacturer’s 

instructions. Active modes may or may 

not persist for an indefinite period of 

time, but must be initially activated by 

the consumer. 

Active Mode includes: 

1. Washing or drying clothing; 

heating, cooking or warming food; 

heating or cooling air; heating or cooling 

water; cleaning, drying, or warming 

dishes; disposing of food; compacting 

trash; dehumidifying, vacuuming, 

brewing coffee, ironing clothes, toasting 

bread, or any other traditional task 

expected of a home appliance. 

2. Preparing to start a cycle or 

appliance program while in a delay start 

or a timed control format when 

required; 

3. Waiting for a resume signal when 

in a ‘‘pause’’ mode in the midst of a 

program or cycle; 

4. Receiving or searching for signals 

from power or utilities companies as 

part of an energy management or 

demand management system; 

5. Cycling heaters or other 

components based upon input from 

time, temperature, or other internal, or 

external control sensors; 

6. Maintaining a temperature or 

condition; 

7. Providing lighting, or ventilation 

when required by the consumer or as a 

result of an action. [This includes night 

lights, over the range (over-the-range) 

microwave oven lights, dryer drum 

lights, etc.] 

8. Continuous protective (safety) 

functions (e.g. water leakage detectors). 

9. Actively completing safety or 

reliability functions such as removing 

residual heat from controls or ovens, 

automatic fans used to protect over-therange microwave ovens from cooktop 

heat, cleaning filters, etc. [These 

functions are considered active in that 

they are a result of the requirements 

placed upon the appliance by the 

consumer.] 

(AHAM, No. 8 at pp. 5–6) 

The Joint Comment supported DOE’s 

proposal in the October 2008 TP NOPR 

to use the EPCA definitions of active 

mode, off mode, and standby mode for 

the microwave oven test procedure, 

noting that these definitions were 

enacted the previous year with the 

explicit support of AHAM and 

efficiency advocates, and opposed 

AHAM’s proposed definitions and 

clarifications. The Joint Comment stated 

that the revisions proposed by AHAM 

constitute a significant re-write of the 

statutory scheme, with an apparent bias 

toward redefining standby functions as 

off mode functions or active mode 

functions. (Joint Comment, No. 11 at pp. 

2–3) According to the Joint Comment: 

1. An LED display light and the power 

drawn to enable a remote control device 

to turn the product off are both standby 

functions rather than off mode 

functions. 

2. The components of a protective 

function, such as controlling electronic 

noise, fall within the statutory 

definition of standby mode, rather than 

off mode. 

3. The continuous protective 

functions and the search for utility 

demand management signals to resume 

activity, both proposed by AHAM as 

active mode functions, are more 

properly considered standby functions 

under the statute. Id. 

The Joint Comment stated that 

designating power consuming activities 

as off mode rather than standby mode 

for reasons of harmonization is 

problematic in this rulemaking because 

DOE has proposed an efficiency 

standard for microwave oven standby 

power without concurrently proposing a 

standard for off mode power. The Joint 

Comment also stated that the lack of an 

off mode efficiency standard invites 

gaming the standby standard, a process 

that it believes will gain significant 

traction if the AHAM recommendations 

for modified definitions are accepted. 

The Joint Comment also stated that 

AHAM’s language qualifying that the 

continuous time of day displays and 

sensor maintenance power should be 

measured at the lowest power state 

selectable by the user is not required by 

statute and should not be accepted by 

DOE. (Joint Comment, No. 11 at pp. 3– 

4) 

In response to the Joint Comment as 

it relates to the test procedure 

rulemaking and as discussed in section 

I, after the October 2008 TP NOPR was 

published, DOE determined it 

appropriate to consider IEC Standard 

62301 Second Edition in developing the 

test procedure for standby and off mode. 

DOE anticipated, based on review of 

drafts of the updated IEC Standard 

62301, that the revisions could include 

different mode definitions. At that time, 

the revised standard was expected in 

July 2009. Later, however, DOE received 

information that IEC Standard 62301 

Second Edition would not be available 

until late 2010. As a result, DOE 

decided to publish today’s SNOPR to 

consider the new mode definitions from 

the latest draft version, IEC Standard 

62301 CDV. 

DOE believes the definitions of 

standby mode, off mode, and active 

mode provided in IEC Standard 62301 

CDV expand upon the EPCA mode 

definitions and provide additional 

guidance as to what functions are 

associated with each mode. DOE also 

believes that the comments received by 

IEC on IEC Standard 62301 CD2, and the 

resulting amended mode definitions 

proposed in IEC Standard 62301 CDV, 

demonstrate significant participation of 

interested parties in the development of 

the best possible definitions. For these 

reasons, in today’s SNOPR DOE is 

proposing definitions of standby mode, 

off mode, and active mode based on the 

definitions provided in IEC Standard 

62301 CDV. DOE believes that the mode 

definitions in the draft versions of IEC 

Standard 62301 Second Edition 

represent a substantial improvement 

over those in IEC Standard 62301, and 

represent the best available definitions 

at this time as confirmed by the review 

and inputs from interested parties as 

part of the IEC rulemaking process. For 

the reasons discussed in section III.A, 

DOE believes that the proposed 

definitions of standby, off, and active 

mode in today’s SNOPR would be 

applied to microwave-only units, 

microwave ovens with thermal elements 

only, and combination microwave 

ovens. DOE will address standards for 

standby mode and off mode energy use 

in a separate energy conservation 

standards rulemaking, as discussed in 

section I. 

DOE is proposing in today’s SNOPR 

to define ‘‘standby mode’’ as the 

condition in which an energy-using 

product is connected to a mains power 

source and offers one or more of the 

following user oriented or protective 

functions which may persist for an 

indefinite time: 10 a remote switch 

(including remote control), internal 

sensor, or timer to facilitate the 

activation of other modes (including 

activation or deactivation of active 

mode); and continuous functions, 

including information or status displays 

(including clocks) or sensor-based 

functions. 

DOE is proposing an additional 

clarification for standby mode that 

continuous clock functions include a 

timer that operates continuously, 

provides regular scheduled tasks (e.g. 

switching), and may or may not be 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42622 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

11As with the definition for standby mode, IEC 

Standard 62301 CDV qualifies off mode as one that 

‘‘* * * usually persists’’ rather than one that ‘‘* * * 

may persist for an indefinite time.’’ For the same 

reasons as discussed for standby mode, DOE is 

proposing the latter definition. In addition, the off 

mode definition in IEC Standard 62301 states it is 

not providing a network mode function. Since DOE 

is unaware of any microwave oven that incorporates 

a network function, such as reactivation via 

network command or network integrity 

communication, it is not proposing to include this 

language in the definition of off mode in today’s 

SNOPR. 

associated with a display. This 

definition was developed based on the 

definitions provided in IEC Standard 

62301 CDV, and expands upon the 

EPCA mode definitions to provide 

additional clarifications as to which 

functions are associated with each 

mode. Under this definition of standby 

mode, remote controls and low voltage 

power supplies for controls, switches, 

memories and clocks would be 

considered as operating in standby 

mode. DOE believes that a requirement 

for measuring standby power at ‘‘the 

lowest power state selectable by the 

user’’ is inconsistent with the proposed 

conditions for measuring standby mode 

because such a provision would 

potentially require the device to be 

operated at settings other than the 

‘‘factory or ‘default’ settings’’ specified 

for testing in paragraph 5.2 of IEC 

Standard 62301. Therefore, DOE does 

not intend to incorporate such a 

provision in the definition of standby 

mode. 

DOE is proposing to define off mode 

as the condition in which the energyusing product is connected to a mains 

power source, is not providing any 

active or standby mode function, and 

may persist for an indefinite time.11 Off 

mode would also include an indicator 

that shows the user only that the 

product is in the off position. 

Under this proposed definition, an 

energized LED or other indication that 

shows the user only that the product is 

in the off position would be considered 

part of off mode, provided that no other 

standby or active mode functions are 

energized. However, if any energy is 

consumed by the appliance in the 

presence of a one-way remote control, 

the unit would be considered to be 

operating in standby mode because the 

remote control would be used to 

deactivate other mode(s). Electrical 

leakage and any energy consumed for 

electrical noise reduction, which are not 

specifically categorized as standby 

power functions, would be indicative of 

off mode. 

Whirlpool commented that the 

addition of off mode to the proposed 

rule is necessary to ensure that all 

power consumption is properly 

accounted for (Whirlpool, No. 10 at p. 

2), and questioned the need to 

differentiate between an 

electromechanical control versus a 

manual operation that puts the 

microwave oven into off mode, because 

power may not be consumed by either 

option. (Whirlpool, Public Meeting 

Transcript, No. 7 at pp. 57–58) PG&E 

noted that there may be some small 

power demand in the off mode, and 

commented that if the power demand 

were zero because the 

electromechanical control was receiving 

no power, then the appliance would 

technically be in the disconnected mode 

and not the off mode. PG&E 

subsequently noted that there is no clear 

distinction between off mode and 

disconnected mode, especially in 

situations where a device is equipped 

with a manual on/off switch. (PG&E, 

Public Meeting Transcript, Notice, No. 7 

at pp. 58–59) 

ASAP stated that DOE’s definition of 

off-mode is stretching the interpretation 

of the statutory language, and did not 

agree that zero power (e.g. plugged in 

but turned off with a switch) would 

necessarily indicate disconnected mode 

rather than off mode. ASAP asserted 

that the language regarding off mode 

was placed into law to clarify 

definitions for consumers and 

manufacturers, and to facilitate DOE in 

setting standards for products that were 

not off when consumers thought they 

were off. (ASAP, Public Meeting 

Transcript, No. 7 at pp. 60–61) 

Additionally, ASAP inquired whether it 

is correct that testing is required for a 

device with off mode capability even 

though there is no reporting 

requirement or standard. (ASAP, Public 

Meeting Transcript, No. 7 at pp. 77–79) 

The Joint Comment further stated that 

the October 2008 TP NOPR erred in 

stating that a microwave oven with a 

manual power on/off switch would not 

be in off mode when the switch was in 

the off position because the switch’s 

physical gap to the main power supply 

has interrupted the electrical 

connection. The Joint Comment asserted 

that this interpretation is not required 

by law, which only refers to a product 

‘‘connected to a main power source’’, 

and term ‘‘connected’’ should be 

satisfied by the product being plugged 

into a power source. (Joint Comment, 

No. 11 at p. 2) The Joint Comment noted 

that the significance of distinguishing 

the off mode is limited in the test 

procedure rulemaking, but more 

important in the efficiency standard 

rulemakings that address off mode. The 

Joint Comment also stated that products 

with hard-off switches should be 

accounted for in the off mode condition, 

and such a design option would allow 

consumers to reduce energy use and 

increase their overall energy savings. 

According to the Joint Comment, DOE’s 

‘‘mischaracterization’’ of the off-mode 

definition will discourage 

manufacturers from reintroducing 

mechanical switches that could reduce 

or eliminate off-mode power 

consumption from their products. (Joint 

Comment, No. 11 at p. 3) 

DOE examined the issue of how to 

classify a microwave oven that is 

plugged in to the main power supply 

but is not consuming energy due to the 

presence of an on/off switch. DOE first 

reviewed the discussion provided in 

annex A of IEC Standard 62301 CDV; 

according to section A.2, disconnected 

mode is included as a mode definition 

because many products are removed by 

users from mains power sources for 

substantial periods of time. DOE 

interprets this condition to refer to the 

power cord being unplugged from the 

power source. Section A.2 further states 

that ‘‘[a] product may have several off 

modes or it may have no off mode. 

Switches on products that are labeled as 

power, on/off or standby may not reflect 

the mode classification based on the 

actual functions active in that mode.’’ 

Although this statement does not 

definitively establish a means by which 

to treat the presence of a power or on/ 

off switch, DOE infers it to mean that 

products equipped with such switches 

can operate in off or standby mode(s), 

depending on what components may 

remain energized with the switch in the 

‘‘off’’ position. However, this discussion 

is silent on whether activation of an on/ 

off switch can place the product in 

disconnected mode. Considering section 

A.2 in total, DOE concludes that 

disconnected mode for microwave 

ovens would be associated only with the 

removal of the power cord from the 

power source. Based on this review and 

acknowledging that classification of an 

on/off switch as operating in off mode 

in the absence of other energy use 

associated with standby mode would 

encourage manufacturers to provide 

such an energy-saving feature, DOE 

revises its determination proposed in 

the October 2008 TP NOPR and 

tentatively concludes that zero energy 

consumption due to activation of an on/ 

off switch would be indicative of off 

mode rather than a disconnected mode. 

In response to ASAPs question of 

whether testing would be required for a 

device with off mode capability even 

though there is no reporting 

requirement or standard, DOE notes, as 

discussed in section III.B, that any 

representations as to the standby and off 


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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42623 

mode energy consumption for 

microwave ovens would need to be 

based upon results generated under the 

applicable provisions of this test 

procedure. 

Finally, DOE is proposing to define 

active mode as the condition in which 

the energy-using product ‘‘is connected 

to a mains power source, has been 

activated, and provides one or more 

main functions,’’ with the additional 

clarification that ‘‘delay start mode is a 

one off user initiated short duration 

function that is associated with an 

active mode.’’ DOE notes that IEC 

Standard 62301 CD2 provided 

additional clarification that ‘‘delay start 

mode is a one off user initiated short 

duration function that is associated with 

an active mode.’’ IEC Standard 62301 

CDV eliminated this clarification; 

however, in response to comments on 

IEC Standard 62301 CD2 that led to IEC 

Standard 62301 CDV, IEC stated that 

delay start mode is a ‘‘one-off’’ function 

of limited duration, which suggests that 

IEC does not consider it as part of 

standby mode although no conclusion is 

made as to whether it would be 

considered part of active mode. 

DOE is tentatively proposing to 

consider delay start mode as part of 

active mode because it is a condition of 

finite duration that is user-initiated and 

uniquely associated with a cooking 

cycle. DOE determined that cooking or 

warming of food would be considered 

active mode functions as well. DOE 

does not believe that it has sufficient 

information on the remainder of the 

conditions specified by AHAM as part 

of active mode for microwave ovens to 

determine whether the conditions 

should be classified as such under the 

proposed definition of active mode. 

However, DOE believes that many of 

these functions may not persist for an 

indefinite time and, therefore, would 

not be considered part of standby mode 

or off mode. DOE invites information 

and comments on specific functions that 

would be associated with microwave 

oven active mode. 

DOE also notes that section 3.9 of IEC 

Standard 62301 CDV defines 

disconnected mode, as ‘‘the status in 

which all connections to mains power 

sources of the energy using product are 

removed or interrupted.’’ IEC Standard 

62301 CDV also adds a note that 

common terms such as ‘‘unplugged’’ or 

‘‘cut off from mains’’ also describe this 

mode, and that this mode is not part of 

the low power mode category. DOE 

believes that there would be no energy 

use in a ‘‘disconnected mode,’’ and 

therefore is not proposing a definition or 

testing methods for such a mode in the 

DOE test procedure for microwave 

ovens. 

F. Specifications for the Test Methods 

and Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

DOE noted in the October 2008 TP 

NOPR that, because IEC Standard 62301 

is written to provide a certain degree of 

flexibility so that the test standard can 

be used to measure standby mode and 

off mode power for most household 

electrical appliances (including 

microwave ovens), it does not specify 

the test method for measuring the power 

consumption in cases in which the 

measured power is not stable. Section 

5.3.2 of IEC Standard 62301 states that 

‘‘[i]f the power varies over a cycle (i.e., 

a regular sequence of power states that 

occur over several minutes or hours), 

the period selected to average power or 

accumulate energy shall be one or more 

complete cycles in order to get a 

representative average value.’’ 73 FR 

62134, 62141 (Oct. 17, 2008). For the 

October 2008 TP NOPR, DOE 

investigated the possible regular 

sequences of power states for 

microwave ovens in order to propose 

clarifying language to IEC Standard 

62301 that would provide accurate and 

repeatable test measurements. DOE’s 

testing of standby power led it to 

propose the test period in cases in 

which the power is not stable as ‘‘a 12- 

hour ± 30-second period’’ to assure 

comparable and valid results. Id. 

AHAM and Whirlpool agreed with 

DOE’s conclusion that a 12-hour test 

period would measure all possible 

configurations for a 12-hour clock, but 

commented that such an approach is 

impractical and costly and would be a 

constraint on resources, including 

laboratory space and time. (Whirlpool, 

Public Meeting Transcript, No. 7 at pp. 

70–71; AHAM, Public Meeting 

Transcript, No. 7 at pp. 69–70) 

Whirlpool commented that running a 

12-hour test would be a huge drain on 

facilities and would require substantial 

investment to expand those facilities, 

adding that their testing is done on the 

production line in order to assure 

product quality. (Whirlpool, Public 

Meeting Transcript, No. 7 at pp. 70–71) 

AHAM and Whirlpool commented that 

the test period of 12 hours ± 30 seconds 

should only apply to displays where the 

power consumption varies within the 

number of segments lit, such as LEDs. 

(Whirlpool, No. 10 at p. 3; AHAM, No. 

8 at p. 3) ASAP also questioned if the 

12-hour test would be required for all 

units, or whether it would just be for 

units with LED displays. (ASAP, Public 

Meeting Transcript, No. 7 at pp. 74–45) 

ASAP requested responses from 

manufacturers about the difficulty in 

obtaining a representative standby 

power measurement due to the clock 

start time, and asked if it is possible to 

use a shorter interval that could be 

multiplied to obtain the equivalent of a 

12-hour measurement. (ASAP, Public 

Meeting Transcript, No. 7 at p. 72) 

AHAM and Whirlpool also disagreed 

with DOE’s statement that the proposed 

test procedure ‘‘obviates the need for a 

specific starting time, which could not 

be ensured for microwave ovens that 

have an automatic power-down feature.’’ 

AHAM and Whirlpool commented that 

IEC Standard 62301 states that a 

product’s standby power should be 

measured in its low power state, so if a 

display powers down, then the 

microwave oven should be allowed to 

stabilize until the unit powers down, 

and then standby power is measured. 

AHAM and Whirlpool stated that the 

benefit of a 12-hour test is unclear, as 

there is no need to capture power usage 

during the power down mode. (AHAM, 

No. 8 at p. 3; Whirlpool, No. 10 at p. 4) 

AHAM also commented that if a 

microwave oven powers down, the 

display would no longer be powered, so 

the starting clock time does not matter. 

(AHAM, Public Meeting Transcript, No. 

7 at p. 69) 

The Joint Comment responded to 

AHAM’s comments, stating that since 

there is no assurance regarding the 

length of time a unit with power down 

capability might require to power down 

to a stable state, the Joint Comment 

supports DOE’s approach of a 12-hour 

test period, which would more 

realistically capture standby energy use 

by measuring the energy consumed in 

standby both before and after the device 

powers down. The Joint Comment also 

stated that it is open to considering a 

shorter test cycle as long as comparative 

testing shows that energy use is the 

same. Absent such testing, The Joint 

Comment supports DOE’s proposal for a 

12 hour ± 30 second test period where 

the unit’s power consumption is not 

stable. (Joint Comment, No. 11 at p. 4) 

Whirlpool and AHAM stated that the 

number of segments of 7-segment LEDs 

lit over 12 hours can be averaged, and 

there are 10-minute periods that are 

representative of the 12-hour cycle, 

which DOE should consider using 

instead of the 12-hour cycle. Whirlpool 

added that using these 10-minute 

periods would yield the same results as 

taking a 12-hour average, but would be 

much faster. (Whirlpool, Public Meeting 

Transcript, No. 7 at pp. 72–73; AHAM, 

Public Meeting Transcript, No. 7 at p. 

69) GE supported a 10-minute test for 

establishing a baseline, and agreed that 

a 12-hour test of three of each model is 


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difficult. (GE, Public Meeting 

Transcript, No. 7 at pp. 71–72) AHAM 

and Whirlpool proposed the following 

method for determining standby power 

on a unit with a display: 

If the appliance has a clock that is 

displayed in Standby Mode and the 

clock does not result in any power 

fluctuations, standby power will be 

measured for at least 10 minutes. If the 

appliance has a clock that is displayed 

in Standby Mode and changes in the 

display segments affects the power 

measurements, the clock will be set to 

allow the testing to begin at 3:33 and the 

unit stabilized as specified above. 

Average or accumulated energy (based 

on Section 5.3.2 of IEC 62301 2007 CD2, 

see below) will be measured from 3:33 

through 3:42 (10 full minutes) following 

the general conditions for measurement 

outlined in Section 4 of IEC 62301 Ed.2 

CD2. This specific 10 minute interval 

provides the same average number of 

display segments as a 12-hour 

measurement period (14.6). (AHAM, No. 

8 at p. 3; Whirlpool, No. 10 at p. 4) 

ASAP suggested setting the clock at 

1:11 for the standby power test. (ASAP, 

Public Meeting Transcript, No. 7 at p. 

68) As noted above, the Joint Comment 

stated that it is open to considering a 

shorter test cycle as long as comparative 

testing shows that energy use is the 

same, and absent such testing, the Joint 

Comment supports DOE’s proposal for a 

12 hour ± 30 second test period where 

the unit’s power consumption is not 

stable. (Joint Comment, No. 11 at p. 4) 

DOE investigated tests method to 

determine standby power over a shorter 

period than 12 hours. DOE first 

evaluated using 18 different clock 

display times to produce a standby 

power measurement representative of a 

12-hour cycle, as discussed in appendix 

5B of the November 2007 ANOPR 

technical support document (TSD). 

Using this method, the standby power 

consumption and line voltage are 

measured as the clock is cycled through 

all the possible digit combinations (in 

terms of active elements) and then a 

regression analysis is performed to 

quantify the impact of the number of lit 

elements (by digit) and voltage on 

power consumption. The results were 

then integrated across the number of 

minutes that each active element 

combination is ‘‘on’’ through the course 

of the 12 hours. As noted in chapter 5 

of the November 2007 ANOPR TSD, the 

results for average standby power 

consumption using the methodology 

described above produced results that 

were within 1 to 2 percent of the 12 

hour test results. 

For this SNOPR, DOE also 

investigated whether a single 10-minute 

measurement period with a starting 

clock time of 3:33, as suggested by 

AHAM and Whirlpool, would be a 

reasonable proxy for the 12-hour 

standby power measurement in the 

event that power consumption is not 

stable. DOE analysis indicates that the 

proportion of time that each possible 

number of segments in a 7-segment LED 

display that are lit over the 10-minute 

time period from 3:33 to 3:42 is 

representative of the distribution of lit 

segments over a 12-hour period with an 

arbitrary starting time. This suggests 

that the 10-minute test period starting at 

3:33 would produce average standby 

power measurements that are 

comparable to average standby power 

measured over 12 hours. Table 1 shows 

the comparison of average standby 

power measured for 11 units in DOE’s 

microwave oven test sample using the 

18-point, and 10-minute methodologies 

as compared to the 12-hour test. 

TABLE 1—COMPARISON OF METHODOLOGIES FOR MEASURING MICROWAVE OVEN STANDBY POWER

Test Unit Display type 

12-Hour Method 18-Point Method 10-Minute Method 

Standby 

watts*

Standby 

watts*

Percent 

difference 

Standby 

watts*

Percent 

difference 

1 ................................................ LCD ........................................... 1.567 1.552 ¥0.99 1.592 1.60 

2 ................................................ LCD ........................................... 1.571 1.560 ¥0.70 1.554 ¥1.08 

3 ................................................ LCD ........................................... 1.812 1.812 0.03 1.801 ¥0.61 

4 ................................................ LCD ........................................... 1.490 1.475 ¥0.96 1.492 0.17 

5 ................................................ LCD ........................................... 1.859 1.847 ¥0.60 1.874 0.84 

6 ................................................ LCD ........................................... 3.788 3.798 0.26 3.818 0.81 

7 ................................................ LCD ........................................... 3.641 3.642 0.04 3.606 ¥0.95 

8 ................................................ LED ........................................... 1.802 1.796 ¥0.35 1.797 ¥0.32 

9 ................................................ LED ........................................... 1.825 1.820 ¥0.25 1.816 ¥0.47 

10 .............................................. LED ........................................... 3.185 3.177 ¥0.27 3.290 **3.28 

11 .............................................. VFD ........................................... 5.600 5.611 0.20 5.607 0.13 

*Standby power measurements are scaled to normalize the supply power to 120.0 volts. 

**For this test, the supply power was significantly different than 120.0 volts. Therefore, DOE believes the scaling of the measured standby 

power and thus the percentage difference from the 12-hour standby power measurement are not valid. 

Within DOE’s limited test sample, the 

average standby power measured over 

the specified 10-minute test period 

agrees within 2 percent with average 

standby power measured over 12 hours. 

Therefore, DOE tentatively concludes 

that a 10-minute measurement period 

with a starting time of 3:33 provides a 

valid measure of standby energy use for 

those microwave ovens with power 

consumption varying according to the 

time displayed on the clock. DOE 

proposes in today’s SNOPR to specify 

that, for microwave ovens for which 

standby power consumption is not 

stable, the clock display shall be set at 

3:33 at the conclusion of the 

stabilization period and the test period 

shall be 10 minutes. 

DOE recognizes that both the 18-point 

and 10-minute approaches for 

accelerated standby testing offer the 

possibility that a microwave oven could 

be programmed to alter its behavior 

when such a test is detected in order to 

minimize measured standby power 

consumption. For example, a 

microwave oven could be programmed 

to turn off its cooking sensors and/or 

dim its display only during the display 

times associated with the 18 

measurement points or between display 

times 3:33 and 3:42. 

DOE notes that the microwave oven 

test procedure is designed to provide a 

measurement consistent with 

representative average consumer use of 

the product, even if the test conditions 

and/or procedures may not themselves 

all be representative of average 

consumer use (e.g. a display of only 3:33 

to 3:42). DOE’s proposal reflects the 

statutory requirement, and the 

Department’s longstanding view, that 

the overall objective of the test 


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procedure is to measure the product’s 

energy consumption during a 

representative average use cycle or 

period of use. 42 U.S.C. 6293(b)(3). 

Further, the test procedure requires 

specific conditions during testing that 

are designed to ensure repeatability 

while avoiding excessive testing 

burdens. Although certain test 

conditions specified in the test 

procedure may deviate from 

representative use, such deviations are 

carefully designed and circumscribed in 

order to attain an overall calculated 

measurement of the energy 

consumption during representative use. 

Thus, it is—and has always been— 

DOE’s view that products should not be 

designed such that the energy 

consumption drops during test 

condition settings in ways that would 

bias the overall measurement to make it 

unrepresentative of average consumer 

use. DOE proposes to address this issue 

through this test procedure and related 

certification requirements. Accordingly, 

DOE’s proposed language both (1) 

makes explicit in the regulatory text the 

Department’s long held interpretation 

that the purpose of the test procedure is 

to measure representative use and (2) 

proposes a specific mechanism—the 

waiver process—as a mandatory 

requirement for all products for which 

the test procedure would not properly 

capture the energy consumption during 

representative use. 

DOE seeks comment on this proposed 

language to address products equipped 

with controls or other features that 

modify the operation of energy-using 

components during testing. The 

language does not identify specific 

product characteristics that could make 

the test procedure unsuitable for testing 

certain products (e.g. modification of 

operation based on display time) but 

rather describes such characteristics 

generally, in order to assure that the 

language can apply to any potential 

features that would yield measurements 

unrepresentative of the product’s energy 

consumption during a representative 

use cycle. 

Regarding test burden, DOE believes 

that the number of units to be tested 

according to the sampling requirements 

in 10 CFR 430.24(i) is reasonable and, 

with a 5-minute stabilization period and 

a 5-minute or 10-minute test time 

depending on whether the standby 

power consumption is stable, would not 

substantially add to manufacturer test 

burden and would allow manufacturers 

that conduct testing on the production 

line in order to assure product quality 

to continue to do so. 

G. Other Issues 

DOE proposed in the October 2008 TP 

NOPR to change the value of a 

conversion factor, used in the 

microwave oven active mode 

calculations to correct an erroneous 

value. 73 FR 62134, 62141–42 (Oct. 17, 

2008). AHAM and Whirlpool supported 

DOE’s proposed technical correction to 

the conversion factor. (AHAM, No. 8 at 

p. 4; Whirlpool, No. 10 at p. 4) Because 

the active mode provisions were 

removed from the microwave oven test 

procedure in the final rule published 

elsewhere in today’s Federal Register, 

the need for the technical correction is 

obviated and no such amendments are 

proposed in today’s SNOPR. 

H. Compliance With Other EPCA 

Requirements 

Section 323(b)(3) of EPCA requires 

that test procedures shall be reasonably 

designed to produce test results which 

measure energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use. Test 

procedures must also not be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) 

DOE stated in the October 2008 TP 

NOPR that it believes that the 

incorporation of clauses regarding test 

conditions and methods in IEC Standard 

62301, along with the modifications 

described above, would satisfy this 

requirement. DOE also noted that the 

proposed amendments to the DOE test 

procedure incorporate a test standard 

that is widely used and accepted 

internationally to measure standby 

power in standby mode and off mode. 

Based on DOE testing and analysis of 

IEC Standard 62301, DOE determined in 

the October 2008 TP NOPR that the 

proposed amendments to the microwave 

oven test procedure produce standby 

mode and off mode average power 

consumption measurements that 

represent an average use cycle both for 

cases in which the measured power is 

stable and when the measured power is 

unstable (i.e., varies over a cycle). DOE 

also stated that the test methods and 

equipment that the amendments would 

require for measuring standby power in 

microwave ovens do not differ 

substantially from the test methods and 

equipment in the then-current DOE test 

procedure for measuring microwave 

oven cooking efficiency, and therefore 

manufacturers would not be required to 

make a major investment in test 

facilities and new equipment. For these 

reasons, DOE concluded in the October 

2008 TP NOPR that the amended test 

procedure would produce test results 

that measure the power consumption of 

a covered product during a 

representative average use cycle as well 

as annual energy consumption, and that 

the test procedure would not be unduly 

burdensome to conduct. 73 FR 62134, 

62142 (Oct. 17, 2008). 

For similar reasons to those stated 

above, the proposed amendments in 

today’s SNOPR to measure the standby 

and off mode power consumption of 

microwave ovens would also not require 

manufacturers to make major 

investments in test facilities and new 

equipment and would not be unduly 

burdensome to conduct. In addition, 

today’s SNOPR proposes a significantly 

shorter test duration than the 12 hours 

that was proposed in the October 2008 

TP NOPR. 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

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

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE’s 

procedures and policies may be viewed 

on the Office of the General Counsel’s 

Web site (http://www.gc.doe.gov). DOE 

reviewed today’s proposed rule under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. 

In conducting this review, DOE first 

determined the potential number of 

affected small entities. The Small 

Business Administration (SBA) 

considers an entity to be a small 

business if, together with its affiliates, it 


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employs fewer than the threshold 

number of workers specified in 13 CFR 

part 121 according to the North 

American Industry Classification 

System (NAICS) codes. The SBA’s Table 

of Size Standards is available at: 

http://www.sba.gov/idc/groups/public/ 

documents/sba_homepage/serv_sstd_

tablepdf.pdf. The threshold number for 

NAICS classification 335221, Household 

cooking appliance manufacturers, 

which includes microwave oven 

manufacturers, is 750 employees. DOE 

surveyed the AHAM member directory 

to identify manufacturers of microwave 

ovens. In addition, as part of the 

appliance standards rulemaking, DOE 

asked interested parties and AHAM 

representatives within the microwave 

oven industry if they were aware of any 

small business manufacturers. DOE 

consulted publicly available data, 

purchased company reports from 

sources such as Dun & Bradstreet, and 

contacted manufacturers, where needed, 

to determine if they meet the SBA’s 

definition of a small business 

manufacturing facility and have their 

manufacturing facilities located within 

the United States. Based on this 

analysis, DOE understands that only 

multinational companies with more 

than 750 employees, and their wholly 

owned subsidiaries, exist in this 

industry. As a result, DOE does not 

expect any small businesses to be 

impacted by the proposed rule. 

For these reasons, DOE tentatively 

concludes and certifies that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE seeks comment on this 

certification and will transmit the 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the SBA for review under 

5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

This rule contains a collection-ofinformation requirement subject to the 

Paperwork Reduction Act (PRA) which 

has been approved by OMB under 

control number 1910–1400. Public 

reporting burden for compliance 

reporting for energy and water 

conservation standards is estimated to 

average 30 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Send comments regarding this burden 

estimate, or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to DOE (see 

ADDRESSES) and by e-mail to 

Christine_J._Kymn@omb.eop.gov. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this proposed rule, DOE proposes 

test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for microwave ovens. DOE 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

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

implementing regulations at 10 CFR part 

1021. Specifically, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 4, 

1999). The Executive Order requires 

agencies to examine the constitutional 

and statutory authority supporting any 

action that would limit the 

policymaking discretion of the States, 

and to carefully assess the necessity for 

such actions. The Executive Order also 

requires agencies to have an accountable 

process to ensure meaningful and timely 

input by State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

that it will follow in developing such 

regulations. 65 FR 13735. DOE 

examined this proposed rule and 

determined that it would not preempt 

State law and would not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to the test procedures that 

are the subject of today’s proposed rule. 

States can petition DOE for a waiver of 

such preemption to the extent, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297) Executive Order 13132 

requires no further action. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation specifies the following: (1) 

The preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) other 

important issues affecting clarity and 

general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this proposed 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

a proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish estimates of 

the resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a), (b)) UMRA also requires 


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a Federal agency to develop an effective 

process to permit timely input by 

elected officers of State, local, and 

Tribal governments on a proposed 

‘‘significant intergovernmental 

mandate.’’ UMRA requires an agency 

plan for giving notice and opportunity 

for timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect such 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. (The policy is also available at 

http://www.gc.doe.gov). Today’s 

proposed rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in an 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s proposed rule would have no 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights,’’ 53 FR 8859 

(March 18, 1988), that this regulation 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

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

today’s SNOPR and concluded that it is 

consistent with applicable policies in 

the OMB and DOE guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to OIRA a Statement 

of Energy Effects for any proposed 

significant energy action. The definition 

of a ‘‘significant energy action’’ is any 

action by an agency that promulgated or 

is expected to lead to promulgation of 

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

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use if the proposal were 

to be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action is not a significant regulatory 

action under Executive Order 12866. 

Moreover, it would not have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

Administrator of OIRA also did not 

designate the proposed rule as a 

significant energy action. Therefore, it is 

not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the DOE 

Organization Act (Pub. L. 95–91), DOE 

must comply with section 32 of the 

Federal Energy Administration Act of 

1974 (Pub. L. 93–275), as amended by 

the Federal Energy Administration 

Authorization Act of 1977 (FEAA; Pub. 

L. 95–70) (15 U.S.C. 788). Section 32 

essentially provides that, where a 

proposed rule authorizes or requires use 

of commercial standards, the 

rulemaking must inform the public of 

the use and background of such 

standards. In addition, section 32(c) 

requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The proposed rule incorporates 

testing methods contained in sections 4 

and 5 of the commercial standard, IEC 

Standard 62301. DOE has evaluated this 

standard and is unable to conclude 

whether it fully complies with the 

requirements of section 32(b) of the 

FEAA, i.e., whether it was developed in 

a manner that fully provides for public 

participation, comment, and review. 

DOE will consult with the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in this 

standard before prescribing a final rule. 

V. Public Participation 

A. Attendance at Public Meeting 

The time, date, and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this SNOPR. To attend the public 

meeting, please notify Ms. Brenda 

Edwards at (202) 586–2945. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. 

B. Procedure for Submitting Requests To 

Speak 

Anyone who has an interest in today’s 

notice, or who represents a group or 

class of persons with an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting. Such persons may handdeliver requests to speak to the address 

shown in the ADDRESSES section at the 

beginning of this SNOPR between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Requests may 

also be sent by mail or e-mail to: Ms. 

Brenda Edwards, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, or Brenda.Edwards@ee.doe.gov. 

Persons who wish to speak should 

include in their request a computer 

diskette or CD in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format 

that briefly describes the nature of their 

interest in this rulemaking and the 

topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

DOE requests persons selected to be 

heard to submit an advance copy of 

their statements at least one week before 

the public meeting. DOE may permit 

persons who cannot supply an advance 

copy of their statement to participate, if 

those persons have made advance 

alternative arrangements with the 

Building Technologies Program. 

Requests to give an oral presentation 

should ask for such alternative 

arrangements. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). A court reporter will 

be present to record the proceedings and 

prepare a transcript. DOE reserves the 

right to schedule the order of 

presentations and to establish the 

procedures governing the conduct of the 

public meeting. After the public 

meeting, interested parties may submit 

further comments on the proceedings as 

well as on any aspect of the rulemaking 

until the end of the comment period. 

DOE will conduct the public meeting 

in an informal conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for presentations by 

participants, and encourage all 

interested parties to share their views on 

issues affecting this rulemaking. Each 

participant will be allowed to make a 

prepared general statement (within time 

limits determined by DOE), before the 

discussion of specific topics. DOE will 

permit other participants to comment 

briefly on any general statements. At the 

end of all prepared statements on each 

specific topic, DOE will permit 

participants to clarify their statements 

briefly and comment on statements 

made by others. 

Participants should be prepared to 

answer DOE’s and other participants’ 

questions. DOE representatives may also 

ask participants about other matters 

relevant to this rulemaking. The official 

conducting the public meeting will 

accept additional comments or 

questions from those attending if time 

permits. The presiding official will 

announce any further procedural rules 

or modification of the above procedures 

that may be needed for the proper 

conduct of the public meeting. 

DOE will make the entire record of 

this proposed rulemaking, including the 

transcript from the public meeting, 

available for inspection at the U.S. 

Department of Energy, 950 L’Enfant 

Plaza, SW., Suite 600, Washington, DC 

20024, (202) 586–9127, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Copies of the 

transcript are available for purchase 

from the transcribing reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding the proposed rule 

before or after the public meeting, but 

no later than the date provided at the 

beginning of this SNOPR. Comments, 

data, and information submitted to 

DOE’s e-mail address for this 

rulemaking should be provided in 

WordPerfect, Microsoft Word, PDF, or 

text (ASCII) file format. Interested 

parties should avoid the use of special 

characters or any form of encryption, 

and wherever possible comments 

should include the electronic signature 

of the author. Comments, data, and 

information submitted to DOE via mail 

or hand delivery should include one 

signed original paper copy. No 

telefacsimiles (faxes) will be accepted. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document that includes all of the 

information believed to be confidential, 

and one copy of the document with that 

information deleted. DOE will make its 

own determination as to the 

confidential status of the information 

and treat it accordingly. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include the 

following: (1) A description of the items; 

(2) whether and why such items are 

customarily treated as confidential 

within the industry; (3) whether the 

information is generally known by or 

available from other sources; (4) 

whether the information was previously 

made available to others without 

obligation concerning its 

confidentiality; (5) an explanation of the 

competitive injury to the submitting 

person that would result from public 

disclosure; (6) when such information 

might lose its confidential character due 

to the passage of time; and (7) why 

disclosure of the information would be 

contrary to the public interest. 

E. Issues on Which DOE Seeks Comment 

Although comments are welcome on 

all aspects of this rulemaking, DOE is 

particularly interested in receiving 

comments and views of interested 

parties on the following issues: 

1. Covered Products 

DOE invites comment on the proposal 

to clarify the definition of a ‘‘microwave 

oven’’ provided in 10 CFR 430.2 to cover 

microwave ovens with or without 

thermal elements designed for surface 

browning of food as well as combination 

microwave ovens (i.e., microwave ovens 

that incorporate convection features and 

possibly other cooking means). DOE 

also welcomes comment on the proposal 

that the same testing procedures and 

calculations can be applied to each of 

these types of microwave ovens, and 

whether there are additional standby 

and off modes or other product features 

for each particular type of microwave 

oven that would require separate testing 

procedures. (See Section III.A.) 

2. Cooking Efficiency Test Load 

DOE welcomes comment on test 

procedures and methods for the active 

mode cooking efficiency that address 

the concerns with repeatability and 

consistency of test results. DOE also 

welcomes consumer usage data on 

representative food loads, as well as 

data indicating how changes to the test 

load would affect the measured EF and 

on the repeatability of such test results. 

DOE will consider such information in 

its separate rulemaking to develop new 

methods of measuring microwave oven 

active mode cooking efficiency. (See 

section III.C.) 

3. Incorporation of IEC Standard 62301 

DOE invites comment on the 

adequacy of IEC Standard 62301 to 

measure standby mode and off mode 

power for microwave ovens in general, 

and on the suitability of incorporating 

into DOE regulations the specific 

provisions described in section III.D. 

4. Mode Definitions 

DOE seeks comment on its proposed 

definitions of standby mode, off mode, 

and active mode, which are based on 

the language in IEC Standard 62301 

CDV. DOE also seeks comment on 

specific functions that would be 

classified as standby, off, and active 

modes. (See section III.E.) 

5. Test Cycle 

DOE seeks comment on its proposed 

clarification to IEC Standard 62301, in 

which DOE specifies a test period of 10 

minutes with an initial clock display 

time of 3:33 for microwave ovens for 

which the measured power is not stable, 

and the test burden associated with 

such testing requirements. (See section 

III.F.) 

6. Test Procedure Waivers for Products 

for Which Test Measurements Are Not 

Representative 

DOE seeks comment on the proposed 

language requiring petition for waivers 

to address products equipped with 

controls or other features that modify 

the operation of energy using 

components during the energy test. DOE 

seeks comment on whether more 

specific definition could or should be 

provided to define either the product 

characteristics that would make the test 

procedure unsuitable for use or to 

define representative average use. (See 

section III.F.) 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42629 

VI. Approval of the Office of the 

Assistant Secretary 

The Assistant Secretary of DOE’s 

Office of Energy Efficiency and 

Renewable Energy has approved 

publication of today’s Supplemental 

Notice of Proposed Rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental Relations, Small 

businesses. 

Issued in Washington, DC, on July 9, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend part 

430 of chapter II of title 10, Code of 

Federal Regulations, to read 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 430.2 is amended by 

revising the definition for ‘‘Microwave 

oven’’ to read as follows: 

* * * * * 

Microwave oven means a class of 

kitchen ranges and ovens comprised of 

household cooking appliances 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy, including 

microwave ovens with or without 

thermal elements designed for surface 

browning of food and combination 

ovens. 

* * * * * 

3. Section 430.23 is amended by 

adding paragraph (i)(13) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

(i) * * * 

(13) The energy test procedure is 

designed to provide a measurement 

consistent with representative average 

consumer use of the product, even if the 

test conditions and/or procedures may 

not themselves all be representative of 

average consumer use (e.g. specified 

display times). If (1) a product contains 

energy consuming components that 

operate differently during the prescribed 

testing than they would during 

representative average consumer use 

and (2) applying the prescribed test to 

that product would evaluate it in a 

manner that is unrepresentative of its 

true energy consumption (thereby 

providing materially inaccurate 

comparative data), the prescribed 

procedure may not be used. Examples of 

products that cannot be tested using the 

prescribed test procedure include those 

products that can exhibit operating 

parameters (e.g. display wattage) for any 

energy using component that are not 

predictably varying functions of 

operating conditions or control inputs— 

such as when a display is automatically 

dimmed when test conditions or test 

settings are reached. A manufacturer 

wishing to test such a product must 

obtain a waiver in accordance with the 

relevant provisions of 10 CFR part 430. 

* * * * * 

4. Appendix I to Subpart B of Part 430 

is amended: 

a. By adding a note after the heading; 

b. In section 1. Definitions, by: 

1. Redesignating sections 1.1 through 

1.4 as sections 1.2 through 1.5; 

2. Redesignating section 1.5 as section 

1.7; 

3. Redesignating sections 1.6 through 

1.8 as sections 1.9 through 1.11; 

4. Redesignating sections 1.9 and 1.10 

as sections 1.14 and 1.13, respectively; 

5. Adding new sections 1.1, 1.6, 1.8, 

and 1.12; 

c. In section 2. Test Conditions, by: 

1. Revising sections 2.1.3, 2.2.1, 2.5, 

and 2.6; 

2. Adding new sections 2.2.1.1, 

2.2.1.2, and 2.9.1.3; and 

d. In section 3. Test Methods and 

Measurements, by revising sections 

3.1.1, 3.1.1.1, 3.1.2, 3.1.3, 3.1.3.1, 3.2.3, 

and 3.3.13. 

The additions and revisions read as 

follows: 

Appendix I to Subpart B of Part 430– 

Uniform Test Method for Measuring the 

Energy Consumption of Conventional 

Ranges, Conventional Cooking Tops, 

Conventional Ovens, and Microwave 

Ovens 

Note: All representations related to standby 

mode and off mode energy consumption of 

microwave ovens made after [DATE 180 

DAYS AFTER DATE OF PUBLICATION OF 

THE TEST PROCEDURE FINAL RULE IN 

THE FEDERAL REGISTER] must be based on 

results generated under this test procedure 

(i.e., sections 2.1.3, 2.2.1, 2.5, 2.9.1.3, 3.1.3, 

3.2.3, and 3.3.13 of this appendix I). 

Determination of compliance with any 

energy conservation standard for standby and 

off mode made after [DATE 3 YEARS AFTER 

DATE OF PUBLICATION OF ANY 

MICROWAVE OVEN STANDARDS FINAL 

RULE] must also be based on results 

generated under this test procedure. 

* * * * * 

1. Definitions 

* * * * * 

1.1 Active mode means the condition in 

which a microwave oven is connected to a 

mains power source, has been activated, and 

provides one or more main functions. Delay 

start mode is a one off user-initiated short 

duration function that is associated with an 

active mode. 

* * * * * 

1.6 IEC 62301 refers to the test standard 

published by the International 

Electrotechnical Commission, titled 

‘‘Household electrical appliances— 

Measurement of standby power,’’ Publication 

62301 First Edition 2005–06. (Incorporated 

by reference, see § 430.3) 

* * * * * 

1.8 Off mode means the condition in 

which a microwave oven is connected to a 

mains power source and is not providing any 

standby mode or active mode function and 

where the mode may persist for an indefinite 

time. 

* * * * * 

1.12 Standby mode the condition in 

which a microwave oven is connected to a 

mains power source and offers one or more 

of the following user-oriented or protective 

functions which may persist for an indefinite 

time: (1) To facilitate the activation of other 

modes (including activation or deactivation 

of active mode) by remote switch (including 

remote control), internal sensor, or timer; (2) 

continuous functions, including information 

or status displays (including clocks) or 

sensor-based functions. A timer is a 

continuous clock function (which may or 

may not be associated with a display) that 

provides regular scheduled tasks (e.g. 

switching) and that operates on a continuous 

basis. 

* * * * * 

2. Test Conditions 

* * * * * 

2.1.3 Microwave ovens. Install the 

microwave oven in accordance with the 

manufacturer’s instructions and connect to 

an electrical supply circuit with voltage as 

specified in Section 2.2.1. The microwave 

oven shall also be installed in accordance 

with Section 5, Paragraph 5.2 of IEC 62301 

(incorporated by reference; see § 430.3). A 

watt meter shall be installed in the circuit 

and shall be as described in Section 2.9.1.3. 

* * * * * 

2.2.1 Electrical supply. 

2.2.1.1 Voltage. Maintain the electrical 

supply to the conventional range, 

conventional cooking top, and conventional 

oven being tested at 240/120 volts except that 

basic models rated only at 208/120 volts shall 

be tested at that rating. Maintain the voltage 

within 2 percent of the above specified 

voltages. For microwave oven testing, 

maintain the electrical supply to the 

microwave oven at 120/240 volts and 60 

hertz. Maintain the electrical supply for 

microwave oven testing within 1 percent of 

the specified voltage and frequency. 

2.2.1.2 Supply voltage waveform. For the 

microwave oven testing, maintain the 

electrical supply voltage waveform as 

indicated in Section 4, Paragraph 4.4 of IEC 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42630 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

62301 (incorporated by reference; see 

§ 430.3). 

* * * * * 

2.5 Ambient room air temperature. 

During the test, maintain an ambient room air 

temperature, TR, of 77°±9° F (25°±5° C) for 

conventional ovens and cooking tops, or as 

indicated in Section 4, Paragraph 4.2 of IEC 

62301 (incorporated by reference; see § 430.3) 

for microwave ovens, as measured at least 5 

feet (1.5 m) and not more than 8 feet (2.4 m) 

from the nearest surface of the unit under test 

and approximately 3 feet (0.9 m) above the 

floor. The temperature shall be measured 

with a thermometer or temperature 

indicating system with an accuracy as 

specified in Section 2.9.3.1. 

2.6 Normal nonoperating temperature. 

All areas of the appliance to be tested shall 

attain the normal nonoperating temperature, 

as defined in Section 1.7, before any testing 

begins. The equipment for measuring the 

applicable normal nonoperating temperature 

shall be as described in Sections 2.9.3.1, 

2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable. 

* * * * * 

2.9.1.3 Standby mode and off mode watt 

meter. The watt meter used to measure 

standby mode and off mode shall have a 

resolution as specified in Section 4, 

Paragraph 4.5 of IEC 62301 (incorporated by 

reference; see § 430.3). The watt meter shall 

also be able to record a ‘‘true’’ average power 

as specified in Section 5, Paragraph 5.3.2(a) 

of IEC 62301. 

* * * * * 

3. Test Methods and Measurements 

3.1 Test methods. 

3.1.1 Conventional oven. Perform a test 

by establishing the testing conditions set 

forth in Section 2, ‘‘TEST CONDITIONS,’’ of 

this Appendix, and adjust any pilot lights of 

a conventional gas oven in accordance with 

the manufacturer’s instructions and turn off 

the gas flow to the conventional cooking top, 

if so equipped. Before beginning the test, the 

conventional oven shall be at its normal 

nonoperating temperature as defined in 

Section 1.7 and described in Section 2.6. Set 

the conventional oven test block W1

approximately in the center of the usable 

baking space. If there is a selector switch for 

selecting the mode of operation of the oven, 

set it for normal baking. If an oven permits 

baking by either forced convection by using 

a fan, or without forced convection, the oven 

is to be tested in each of those two modes. 

The oven shall remain on for at least one 

complete thermostat ‘‘cut-off/cut-on’’ of the 

electrical resistance heaters or gas burners 

after the test block temperature has increased 

234 °F (130 °C) above its initial temperature. 

3.1.1.1 Self-cleaning operation of a 

conventional oven. Establish the test 

conditions set forth in Section 2, ‘‘TEST 

CONDITIONS,’’ of this Appendix. Adjust any 

pilot lights of a conventional gas oven in 

accordance with the manufacturer’s 

instructions and turn off the gas flow to the 

conventional cooking top. The temperature of 

the conventional oven shall be its normal 

nonoperating temperature as defined in 

Section 1.7 and described in Section 2.6. 

Then set the conventional oven’s selfcleaning process in accordance with the 

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

average time recommended by the 

manufacturer for a moderately soiled oven. 

* * * * * 

3.1.2 Conventional cooking top. Establish 

the test conditions set forth in Section 2, 

‘‘TEST CONDITIONS,’’ of this Appendix. 

Adjust any pilot lights of a conventional gas 

cooking top in accordance with the 

manufacturer’s instructions and turn off the 

gas flow to the conventional oven(s), if so 

equipped. The temperature of the 

conventional cooking top shall be its normal 

nonoperating temperature as defined in 

Section 1.7 and described in Section 2.6. Set 

the test block in the center of the surface unit 

under test. The small test block, W2, shall be 

used on electric surface units of 7 inches (178 

mm) or less in diameter. The large test block, 

W3, shall be used on electric surface units 

over 7 inches (177.8 mm) in diameter and on 

all gas surface units. Turn on the surface unit 

under test and set its energy input rate to the 

maximum setting. When the test block 

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

block temperature, immediately reduce the 

energy input rate to 25±5 percent of the 

maximum energy input rate. After 15±0.1 

minutes at the reduced energy setting, turn 

off the surface unit under test. 

* * * * * 

3.1.3 Microwave oven. 

3.1.3.1 Microwave oven test standby 

mode and off mode power. Establish the 

testing conditions set forth in Section 2, 

‘‘TEST CONDITIONS,’’ of this Appendix. For 

microwave ovens that drop from a higher 

power state to a lower power state as 

discussed in Section 5, Paragraph 5.1, Note 

1 of IEC 62301 (incorporated by reference; 

see § 430.3), allow sufficient time for the 

microwave oven to reach the lower power 

state before proceeding with the test 

measurement. Follow the test procedure as 

specified in Section 5, Paragraph 5.3 of IEC 

62301. For units in which power varies as a 

function of displayed time in standby mode, 

set the clock time to 3:33 at the end of the 

stabilization period specified in Section 5, 

Paragraph 5.3, and use the average power 

approach described in Section 5, Paragraph 

5.3.2(a), but with a single test period of 10 

minutes +0/-2 sec. If a microwave oven is 

capable of operation in either standby mode 

or off mode, as defined in Sections 1.12 and 

1.8, respectively, or both, test the microwave 

oven in each mode in which it can operate. 

* * * * * 

3.2.3 Microwave oven test standby mode 

and off mode power. Make measurements as 

specified in Section 5, Paragraph 5.3 of IEC 

62301 (incorporated by reference; see 

§ 430.3). If the microwave oven is capable of 

operating in standby mode, measure the 

average standby mode power of the 

microwave oven, PSB, in watts as specified in 

Section 3.1.3.1. If the microwave oven is 

capable of operating in off mode, measure the 

average off mode power of the microwave 

oven, POFF, as specified in Section 3.1.3.1. 

* * * * * 

3.3.13 Record the average standby mode 

power, PSB, for the microwave oven standby 

mode, as determined in Section 3.2.3 for a 

microwave oven capable of operating in 

standby mode. Record the average off mode 

power, POFF, for the microwave oven off 

mode power test, as determined in Section 

3.2.3 for a microwave oven capable of 

operating in off mode. 

[FR Doc. 2010–17775 Filed 7–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0323; Airspace 

Docket No. 10–ANE–106] 

Proposed Establishment of Class E 

Airspace; Lancaster, NH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E Airspace at Lancaster, 

NH, to accommodate a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Special Standard 

Instrument Approach Procedure (SIAP) 

serving the Weeks Medical Center. This 

action would enhance the safety and 

airspace management of Instrument 

Flight Rules (IFR) operations within the 

National Airspace System. 

DATES: Comments must be received on 

or before September 7, 2010. 

ADDRESSES: Send comments on this rule 

to: U. S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2010–0323; Airspace Docket No. 10– 

ANE–106, at the beginning of your 

comments. You may also submit and 

review received comments through the 

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

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 


emcdonald on DSK2BSOYB1PROD with PROPOSALS