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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

4015 

Vol. 78, No. 13 

Friday, January 18, 2013 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2008–BT–TP–0011] 

RIN 1904–AB78 

Energy Conservation Program: Test 

Procedures for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On November 23, 2011, the 

U.S. Department of Energy (DOE) issued 

a supplemental notice of proposed 

rulemaking (SNOPR) to amend the test 

procedures for microwave ovens. That 

SNOPR proposed amendments to the 

DOE test procedure to incorporate 

provisions from the International 

Electrotechnical Commission (IEC) 

Standard 62301, ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ Edition 2.0 2011–01 (IEC 

Standard 62301 (Second Edition)). DOE 

published a second SNOPR on May 16, 

2012, proposing additional provisions 

for measuring the standby mode and off 

mode energy use of products that 

combine a microwave oven with other 

appliance functionality, as well as 

minor technical clarifications. Those 

proposed rulemakings serve as the basis 

for today’s action. DOE is issuing a final 

rule amending the DOE test procedure 

to incorporate by reference the proposed 

provisions from IEC Standard 62301 

(Second Edition) and the technical 

clarifications. DOE is not amending the 

test procedure at this time to measure 

the energy consumption of products that 

combine microwave ovens with other 

appliance functionality, but may 

consider such amendments in a future 

rulemaking. 

DATES: The effective date of this rule is 

February 19, 2013. The final rule 

changes will be mandatory for 

representations of the energy efficiency 

of microwave ovens starting July 17, 

2013. 

The incorporation by reference of a 

publication listed in this rule was 

approved by the Director of the Federal 

Register on December 17, 2012. 

ADDRESSES: The docket is available for 

review at regulations.gov, including 

Federal Register notices, framework 

documents, public meeting attendee 

lists and transcripts, comments, and 

other supporting documents/materials. 

All documents in the docket are listed 

in the regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

A link to the docket web page can be 

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

!docketDetail;dct=FR%252BPR%

252BN%252BO%252BSR;rpp=25;po=0;

D=EERE-2008-BT-TP-0011. This web 

page will contain a link to the docket for 

this notice on the regulations.gov site. 

The regulations.gov Web page will 

contain simple instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

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

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Mr. Ari Altman, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 287–6307. Email: 

ari.altman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Final Rule 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

B. Effective Date for the Test Procedure and 

Date on Which Use of the Test Procedure 

Will Be Required 

C. Incorporation of IEC Standard 62301 

(Second Edition) 

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

Mode,’’ and ‘‘Off Mode’’ 

E. Specifications for the Test Methods and 

Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

F. Technical Clarifications 

G. Compliance With Other EPCA 

Requirements 

1. Test Burden 

2. Certification Requirements 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

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

seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140 (Dec. 

19, 2007)). Part B of title III, which for 

editorial reasons was redesignated as 

Part A upon incorporation into the U.S. 

Code (42 U.S.C. 6291–6309), establishes 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ These include 

microwave ovens, the subject of today’s 

notice. (42 U.S.C. 6291(1)–(2) and 

6292(a)(10)) 

Under EPCA, this program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy conservation 

standards, and (4) certification and 

enforcement procedures. The testing 

requirements consist of test procedures 

that manufacturers of covered products 

must use (1) as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA, and (2) 

for making representations about the 


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1EISA 2007 directs DOE to also consider IEC 

Standard 62087 when amending its test procedures 

to include standby mode and off mode energy 

consumption. See 42 U.S.C. 6295(gg)(2)(A). 

However, IEC Standard 62087 addresses the 

methods of measuring the power consumption of 

audio, video, and related equipment. Accordingly, 

the narrow scope of this particular IEC standard 

reduces its relevance to today’s final rule. 

efficiency of those products. Similarly, 

DOE must use these test requirements to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

General Test Procedure Rulemaking 

Process 

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

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

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

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

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

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

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

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

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

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

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

EISA 2007 amended EPCA to require 

DOE to amend its test procedures for all 

covered products to integrate measures 

of standby mode and off mode energy 

consumption into the overall energy 

efficiency, energy consumption, or other 

energy descriptor, unless the current 

test procedure already incorporates the 

standby mode and off mode energy 

consumption, or if such integration is 

technically infeasible. If an integrated 

test procedure is technically infeasible, 

DOE must prescribe a separate standby 

mode and off mode energy use test 

procedure for the covered product, if a 

separate test is technically feasible. (42 

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

amendment must consider the most 

current versions of IEC Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power,’’ and 

IEC Standard 62087, ‘‘Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment.’’ 1 Id. At the time of 

the enactment of EISA 2007, the most 

current versions of these standards were 

IEC Standard 62301 (First Edition 2005– 

06) and IEC Standard 62087 (Second 

Edition 2008–09). 

DOE Microwave Oven Test Procedure 

DOE’s test procedure for microwave 

ovens is codified at appendix I to 

subpart B of Title 10 of the Code of 

Federal Regulations (CFR). The test 

procedure was established in an October 

3, 1997 final rule that addressed active 

mode energy use only. 62 FR 51976. 

To address standby mode and off 

mode energy use, DOE published a 

notice of proposed rulemaking (NOPR) 

on October 17, 2008 (hereafter referred 

to as the October 2008 TP NOPR), in 

which it proposed incorporating 

provisions from IEC Standard 62301 

(First Edition) into the DOE active mode 

test procedure, as well as language to 

clarify application of these provisions 

for measuring standby mode and off 

mode power in microwave ovens. 73 FR 

62134. DOE held a public meeting on 

November 14, 2008, to hear oral 

comments on and solicit information 

relevant to the October 2008 TP NOPR. 

Interested parties remarked upon, 

among other things, harmonization of 

standards and test procedures with 

those of other countries and 

international agencies. In particular, 

commenters urged DOE to consider IEC 

Standard 62301 (Second Edition) (or 

‘‘Second Edition’’), which was in the 

process of being drafted. 

EPCA requires DOE to consider the 

most recent version of IEC Standard 

62301. (42 U.S.C. 6295(gg)(2)(A)) After 

the October 2008 TP NOPR was 

published, DOE determined that it 

would consider the revised version of 

IEC Standard 62301, (i.e., IEC Standard 

62301 (Second Edition)), in the 

microwave oven test procedure 

rulemaking. DOE anticipated, based on 

review of drafts of the updated IEC 

Standard 62301, that the revisions could 

include different mode definitions. The 

revised version was expected in July 

2009. IEC Standard 62301 (Second 

Edition) was not published, however, 

until January 27, 2011. 

In order to ensure that DOE could 

establish test procedures for standby 

mode and off mode by March 31, 2011, 

as required by the EISA 2007 

amendments to EPCA, DOE published 

an SNOPR on July 22, 2010 (hereafter 

referred to as the July 2010 TP SNOPR) 

proposing mode definitions based on 

those in the then current draft version 

of IEC Standard 62301 (Second Edition), 

designated as IEC Standard 62301 

Second Edition, Committee Draft for 

Vote (IEC Standard 62301 (CDV)). 75 FR 

42612, 42620–23 (July 22, 2010). DOE 

stated that it believed that those most 

recent mode definitions represented the 

best definitions available for the 

analysis in support of this rulemaking. 

75 FR 42612, 42621. DOE held a public 

meeting on September 16, 2010, to hear 

oral comments on and solicit 

information relevant to the July 2010 TP 

SNOPR. Interested parties remarked 

upon, among other things, covered 

products, incorporation of IEC Standard 

62301 (First Edition), mode definitions, 

and testing procedures. On October 29, 

2010, the IEC released a finalized draft 

version of IEC Standard 62301 (Second 

Edition), IEC Standard 62301 (FDIS). 

On March 9, 2011, DOE published an 

interim final rule (hereafter referred to 

as the March 2011 Interim Final Rule) 

amending the test procedures for 

microwave ovens. 76 FR 12825. The 

March 2011 Interim Final Rule 

incorporated by reference specific 

clauses from IEC Standard 62301 (First 

Edition) regarding test conditions and 

testing procedures for measuring the 

average standby mode and average off 

mode power consumption into the 

microwave oven test procedure. DOE 

also incorporated into the microwave 

oven test procedure definitions of 

‘‘active mode,’’ ‘‘standby mode,’’ and 

‘‘off mode’’ based on the definitions 

provided in IEC Standard 62301 (FDIS). 

DOE further adopted language to clarify 

the application of clauses from IEC 

Standard 62301 (First Edition) for 

measuring standby mode and off mode 

power in the March 2011 Interim Final 

rule. Specifically, DOE defined the test 

duration for cases in which the 

measured power is not stable (i.e., varies 

over a cycle), recognizing that the power 

consumption of microwave oven 

displays can vary based on the 

displayed clock time. 76 FR 12825, 

12828. 

The amendments adopted in the 

March 2011 Interim Final Rule became 

effective on April 8, 2011. However, 

DOE noted that in order to ensure that 

the amended test procedure adequately 

addresses the EISA 2007 requirement to 

consider the most recent version of IEC 

Standard 62301, and recognizing that 

the IEC issued IEC Standard 62301 

(Second Edition) in January of 2011, 

DOE issued the microwave oven test 

procedure as an interim final rule and 

offered an additional 180-day comment 

period to consider whether any changes 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4017 

should be made to the interim final rule 

in light of publication of IEC Standard 

62301 (Second Edition). DOE stated that 

it would consider these comments and, 

to the extent necessary, publish a final 

rulemaking incorporating any changes. 

76 FR 12825, 12830–31. In response to 

the March 2011 Interim Final Rule, 

interested parties commented that, 

among other things, DOE should 

incorporate by reference IEC Standard 

62301 (Second Edition) for optimal 

international harmonization, to give 

clarity and consistency to the regulated 

community and to decrease the testing 

burden. 

Based upon the public comment, DOE 

decided to further analyze IEC Standard 

62301 (Second Edition). DOE reviewed 

this latest version of the IEC standard 

and believes that it improves some 

measurements of standby mode and off 

mode energy use. Accordingly, DOE 

published a second SNOPR on 

November 23, 2011 (hereafter referred to 

as the November 2011 TP SNOPR), 

proposing to incorporate certain 

provisions of IEC Standard 62301 

(Second Edition), along with clarifying 

language, into the DOE test procedures 

for microwave ovens adopted in the 

March 2011 Interim Final Rule. In 

addition, DOE proposed in the 

November 2011 TP SNOPR to make 

minor editorial changes in 10 CFR part 

430, subpart B, appendix I, section 

2.2.1.1 to aid the reader by presenting 

the electrical supply voltages 

consistently for microwave ovens and 

conventional cooking products, and also 

in section 1.12 to clarify the alternative 

use of metric units for various 

measurements and calculations in the 

conventional cooking products test 

procedure. 76 FR 72331 (Nov. 23, 2011). 

In the course of reviewing comments 

on the November 2011 TP SNOPR, DOE 

determined that an additional SNOPR 

would be necessary before moving to a 

final rule. DOE subsequently published 

the additional SNOPR on May 16, 2012 

(hereafter referred to as the May 2012 

TP SNOPR), to address comments 

received on the November 2011 TP 

SNOPR regarding coverage of additional 

microwave oven product types in the 

DOE test procedure, and in particular, 

products combining a microwave oven 

with other appliance functionality. 77 

FR 28805. Comments on this topic and 

other topics received in response to both 

the November 2011 TP SNOPR and the 

May 2012 TP SNOPR are addressed in 

today’s final rule. 

With respect to today’s rulemaking, as 

noted above, EPCA requires that DOE 

determine whether a test procedure 

amendment would alter the measured 

efficiency of a product, thereby 

requiring adjustment of existing 

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

there are currently no Federal energy 

conservation standards for microwave 

ovens (including standards for energy 

use in the standby and off modes), no 

determination is needed under these 

circumstances. DOE is conducting a 

concurrent rulemaking process to 

consider standby and off mode energy 

conservation standards and will utilize 

the DOE test procedure as amended by 

today’s final rule in developing those 

standard levels. 

Today’s rule also fulfills DOE’s 

obligation to periodically review its test 

procedures under 42 U.S.C. 

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

next evaluation of this test procedure 

will occur in a manner consistent with 

the timeline set out in this provision. 

II. Summary of the Final Rule 

The final rule amends the current 

DOE test procedures for microwave 

ovens to incorporate by reference 

certain provisions of IEC Standard 

62301 (Second Edition) for measuring 

standby mode and off mode energy use. 

As noted in section I of today’s final 

rule, the use of this internationally 

recognized standard will optimize 

harmonization for manufacturers, will 

give clarity and consistency in the test 

conduct, and will decrease the testing 

burden. The current procedures are also 

being amended to clarify testing 

requirements for supply voltage and 

alternative metric units. 

In addition, in today’s final rule DOE 

confirms that the microwave oven 

portion of a combined product is 

covered under the definition of 

‘‘microwave oven’’ at 10 CFR 430.2, and 

is adding and clarifying definitions of 

certain combined products which 

incorporate microwave ovens and 

conventional cooking products. Due to a 

lack of data and information at this 

time, however, DOE is not amending its 

test procedures in this rule to measure 

standby mode and off mode energy use 

for the microwave portion of combined 

products. DOE may choose to initiate a 

separate rulemaking at a later date that 

would address standby and off mode 

energy use of combined products. 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

DOE defines ‘‘microwave oven’’ as a 

class of kitchen ranges and ovens which 

is a household cooking appliance 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy. 10 CFR 430.2 In the 

March 2011 Interim Final Rule, DOE 

determined that this regulatory 

definition includes all ovens equipped 

with microwave capability, including 

convection microwave ovens (i.e., 

microwave ovens that incorporate 

convection features and possibly other 

means of cooking) because they are 

capable of cooking or heating food by 

means of microwave energy. 76 FR 

12825, 12828–30 (March 9, 2011). In the 

March 2011 Interim Final Rule, DOE 

referred to such a product as a 

‘‘combination oven’’. 

In the May 2012 TP SNOPR, DOE 

proposed that the regulatory definition 

of microwave oven also includes all 

products that combine a microwave 

oven with other appliance functionality. 

To aid in distinguishing such other 

‘‘combined products’’ from the type of 

microwave oven that incorporates 

convection features and any other 

means of cooking, DOE proposed in the 

May 2012 TP SNOPR to use the term 

‘‘convection microwave oven’’ to more 

accurately describe the latter, and to 

provide a definition of convection 

microwave oven in 10 CFR 430.2. In this 

definition, DOE would clarify that the 

microwave capability, convection 

features, and any other cooking means 

are incorporated in a single cavity. 77 

FR 28805, 28808 (May 16, 2012). 

DOE further proposed in the May 

2012 TP SNOPR that all products that 

combine a microwave oven with other 

appliance functionality would be 

considered covered products, including 

microwave/conventional ranges, 

microwave/conventional ovens, 

microwave/conventional cooking tops, 

and other combined products such as 

microwave/refrigerator-freezer/charging 

stations. Regarding microwave/ 

conventional ranges, DOE clarified that 

an appliance need not be free-standing 

to be covered as a microwave/ 

conventional range. 77 FR 28805, 

28808–09 (May 16, 2012). DOE, 

therefore, proposed in the May 2012 TP 

SNOPR to add a definition of 

‘‘microwave/conventional cooking top’’ 

in 10 CFR 430.2 to state that it is a class 

of kitchen ranges and ovens that is a 

household cooking appliance consisting 

of a microwave oven and a conventional 

cooking top. Similarly, DOE proposed in 

the May 2012 TP SNOPR to add a 

definition in 10 CFR 430.2 of a 

‘‘microwave/conventional oven’’ as a 

class of kitchen ranges and ovens which 

is a household cooking appliance 

consisting of a microwave oven and a 

conventional oven in separate 

compartments. DOE also proposed to 

clarify in the definition of microwave/ 

conventional range that the microwave 

oven and conventional oven are 


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4018 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

incorporated as separate compartments. 

77 FR 28805, 28809–10 (May 16, 2012). 

Because each of those combined 

products described previously contains 

a microwave oven as one of its 

functional components, DOE proposed 

that the microwave oven component of 

these products would meet the statutory 

requirements as a covered product for 

the purposes of measuring standby 

mode and off mode energy use under 

EPCA. (42 U.S.C. 6295(gg)(2)(B)(vi)) 

DOE stated that it does not believe that 

the presence of additional appliance 

functionality would eliminate the 

statutory requirement to evaluate 

standby mode and off mode energy use 

in the microwave oven component. DOE 

also tentatively concluded in the May 

2012 TP SNOPR that the test procedure 

should only measure the standby mode 

and off mode energy use associated with 

the microwave oven portion of 

combined products, and for that reason 

the proposed amendments do not 

require any determination as to which 

appliance function of a combined 

product with a microwave oven 

component represents the primary usage 

of the product. 77 FR 28805, 28809–10 

(May 16, 2012). 

Whirlpool Corporation (Whirlpool) 

commented in response to the May 2012 

TP SNOPR that combined products 

should not be covered. Whirlpool noted 

that it produces a microwave/ 

conventional oven in which both 

cavities are controlled by a single 

control panel. Whirlpool believes that 

this product should be regulated 

according to the primary use of the 

product, based on total energy 

consumption, which in this case would 

be as a conventional oven since their 

research indicates that the microwave 

oven cavity uses one-tenth of the energy 

annually that the conventional oven 

cavity does. (Whirlpool, No. 33 at p. 1; 

Whirlpool, No. 41 at pp. 1–2) The 

Association of Home Appliance 

Manufacturers (AHAM) also commented 

that the primary use of a combined 

product should determine how the 

product is regulated, whether that be as 

a conventional cooking product or a 

microwave oven. AHAM also stated that 

both free-standing and built-in ranges 

that provide microwave oven capability 

in one compartment and a conventional 

oven in a separate compartment should 

not be considered covered products. As 

a clarification, AHAM proposed that 

DOE define ‘‘combination oven’’ as ‘‘a 

microwave oven that incorporates 

means of cooking other than microwave 

energy, and does not mean free-standing 

or built-in conventional cooking tops, 

conventional ovens, or conventional 

ranges that include microwave ovens in 

separate cavities.’’ (AHAM, No. 40 at 

pp. 2–3) 

DOE maintains its determination from 

the May 2012 TP SNOPR that the 

microwave oven component is subject 

to the statutory requirement for 

measuring standby mode and off mode 

energy use, and that the added 

conventional oven functionality, 

regardless of its annual energy 

consumption, does not exempt the 

microwave oven component from this 

requirement. Therefore, DOE determines 

for today’s final rule that all products 

that incorporate microwave ovens with 

additional appliance functionality are 

covered products under the microwave 

oven regulatory definition, but DOE is 

declining to adopt a test procedure for 

such products at this time due to a lack 

of information. DOE also adopts in 

today’s final rule regulatory definitions 

of several specific product types that 

incorporate microwave and 

conventional cooking functionality, 

either within a single cavity or in 

separate cavities, to aid manufacturers 

in determining which products are the 

subject of the provisions adopted in 

today’s final rule. These definitions 

include the definition of ‘‘convection 

microwave oven’’ in place of the term 

‘‘combination oven’’, for those products 

that incorporate microwave and 

conventional cooking functionality in a 

single cavity. In sum, today’s final rule 

adds the following definitions to 10 CFR 

430.2: 

• Convection microwave oven means 

a microwave oven that incorporates 

convection features and any other 

means of cooking in a single 

compartment. 

• Microwave/conventional cooking 

top means a class of kitchen ranges and 

ovens that is a household cooking 

appliance consisting of a microwave 

oven and a conventional cooking top. 

• Microwave/conventional oven 

means a class of kitchen ranges and 

ovens that is a household cooking 

appliance consisting of a microwave 

oven and a conventional oven in 

separate compartments. 

In addition, DOE amends the 

definition of ‘‘microwave/conventional 

range’’ in 10 CFR 430.2 as a class of 

kitchen ranges and ovens that is a 

household cooking appliance consisting 

of a microwave oven and a conventional 

oven in separate compartments and a 

conventional cooking top. DOE also 

amends the definition of ‘‘microwave 

oven’’ to include the use of the term 

‘‘convection microwave oven’’ in place 

of ‘‘combination oven.’’ 

AHAM commented that DOE 

proposed to cover all products that 

combine microwave oven and other 

appliance functionality, but did not 

propose definitions for all of the 

possible combined products. According 

to AHAM, such an approach results in 

uncertainty about coverage for products 

that are manufactured as microwave 

ovens only, but later added to other 

appliances to create a combined 

product. AHAM noted that this 

integration may occur when the 

microwave oven is no longer in the 

manufacturer’s control. Therefore, 

AHAM believes that DOE should not 

cover combined products. Should it do 

so, AHAM stated that a microwave oven 

should be classified according to its 

configuration as produced by the 

manufacturer, since a manufacturer 

would have no way of knowing how a 

stand-alone microwave oven may be 

later integrated into a combined 

product. (AHAM, No. 40 at p. 3) 

DOE has determined that while 

combined products are covered 

products under the statute, it will not be 

promulgating a test procedure for such 

products at this time, due to a lack of 

sufficient data. DOE will clarify its 

position on this issue at the time of any 

future rulemaking regarding combined 

products. 

B. Effective Date for the Test Procedure 

and Date on Which Use of the Test 

Procedure Will be Required 

The effective date of the standby and 

off mode test procedures for microwave 

ovens is February 19, 2013. DOE’s 

amended test procedure regulations 

codified in 10 CFR part 430, subpart B, 

appendix I clarify, though, that the 

procedures and calculations adopted in 

today’s final rule need not be performed 

to determine compliance with energy 

conservation standards until 

compliance with any final rule 

establishing amended energy 

conservation standards for microwave 

ovens in standby mode and off mode is 

required. However, as of July 17, 2013, 

any representations as to the standby 

mode and off mode energy consumption 

of the products that are the subject of 

this rulemaking must be based upon 

results generated under the applicable 

provisions of this amended test 

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

period between February 19, 2013 and 

July 17, 2013, any representations as to 

the standby mode and off mode energy 

consumption of the products that are 

the subject of this rulemaking may be 

based upon results generated under the 

applicable provisions of either this 

amended test procedure or the previous 

test procedure, published at 10 CFR part 

430, subpart B, Appendix I as contained 

in the 10 CFR parts 200 to 499 edition 

revised as of January 1, 2012. 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4019 

The Republic of Korea (Korea) stated 

that if DOE adopted its proposals from 

the May 2012 TP SNOPR, manufacturers 

would require approximately 6 months 

for product development and another 6 

months to demonstrate compliance with 

energy conservation standards and 

safety requirements. Therefore, Korea 

requested a compliance date at least a 

year after publication of the test 

procedure final rule. (Korea, No. 42, at 

p. 1) As noted above, use of the 

amended test procedure established in 

today’s final rule will not be required to 

demonstrate compliance until the 

compliance date of any final rule 

establishing amended microwave oven 

energy conservation standards. DOE is 

conducting such a standards rulemaking 

concurrently with this test procedure 

rulemaking, and expects that the 

compliance date of any amended 

standards will be later than 1 year after 

the publication of today’s final rule. 

C. Incorporation of IEC Standard 62301 

(Second Edition) 

As discussed in section I of today’s 

final rule, EPCA, as amended by EISA 

2007, requires that test procedures be 

amended to include standby mode and 

off mode energy consumption, taking 

into consideration the most current 

versions of IEC Standards 62301 and 

62087. (42 U.S.C. 6295(gg)(2)(A)) DOE 

adopted certain provisions from IEC 

Standard 62301 (First Edition) regarding 

test conditions and testing procedures 

for measuring the average standby mode 

and average off mode power 

consumption in the microwave oven 

test procedure in the March 2011 

Interim Final Rule. DOE also 

incorporated into the microwave oven 

test procedure definitions of ‘‘active 

mode,’’ ‘‘standby mode,’’ and ‘‘off 

mode’’ based on the definitions 

provided in IEC Standard 62301 (FDIS), 

along with clarifying language for 

clauses incorporated by reference in the 

March 2011 Interim Final Rule from IEC 

Standard 62301 (First Edition). 

Specifically, these provisions measure 

power consumption of microwave ovens 

in the case that the measured power is 

not stable (i.e., varies over a cycle), 

based on displayed clock time, and DOE 

defined the test duration in this case. 76 

FR 12825, 12828 (Mar. 9, 2011). 

Based upon the public comment 

received on the March 2011 Interim 

Final Rule, DOE published the 

November 2011 TP SNOPR, proposing 

to update its reference to IEC Standard 

62301 by incorporating certain 

provisions of IEC Standard 62301 

(Second Edition), along with clarifying 

language, into the DOE test procedures 

for microwave ovens adopted in the 

March 2011 Interim Final Rule. 

AHAM and Whirlpool support the 

incorporation by reference of IEC 

Standard 62301 (Second Edition) in the 

microwave oven test procedure. 

(AHAM, No. 40 at p. 1; Whirlpool, No. 

33 at p. 1) AHAM stated that the use of 

the Second Edition would allow for 

optimum international harmonization, 

provide clarity and consistency to 

manufacturers, and decrease test 

burden. (AHAM, No. 40 at p. 4) 

The suitability of specific clauses 

from IEC Standard 62301 (Second 

Edition) regarding testing conditions 

and methodology for use in DOE’s 

microwave oven test procedure are 

discussed in the following paragraphs. 

Section 4, paragraph 4.4 of the Second 

Edition revises the power measurement 

accuracy provisions of the First Edition. 

A more comprehensive specification of 

required accuracy is provided in the 

Second Edition, which depends upon 

the characteristics of the power being 

measured. Testers using the Second 

Edition are required to measure the crest 

factor and power factor of the input 

power, and to calculate a maximum 

current ratio (MCR) (paragraph 4.4.1 of 

the Second Edition). The Second 

Edition then specifies calculations to 

determine the maximum permitted 

uncertainty in MCR. DOE noted in the 

November 2011 TP SNOPR, however, 

that the permitted uncertainty is the 

same or less stringent than the 

uncertainty specified in the First 

Edition, depending on the value of MCR 

and the power level being measured. 

DOE determined, however, that this 

change in the permitted uncertainty 

maintains sufficient accuracy of 

measurements under a full range of 

possible measured power levels without 

placing undue demands on the 

instrumentation. These power 

measurement accuracy requirements 

were based upon detailed technical 

submissions to the IEC in the 

development of IEC Standard 62301 

(FDIS), which showed that commonlyused power measurement instruments 

were unable to meet the original 

requirements for certain types of loads. 

Therefore, DOE concluded in the 

November 2011 TP SNOPR that the 

incremental testing burden associated 

with the additional measurements and 

calculations is offset by the more 

reasonable requirements for testing 

equipment, while maintaining 

measurement accuracy deemed 

acceptable and practical by voting 

members for IEC Standard 62301 

(Second Edition). For these reasons, 

DOE proposed in the November 2011 TP 

SNOPR to incorporate by reference in 10 

CFR part 430, subpart B, appendix I, 

section 2.9.1.3 the power equipment 

specifications in section 4, paragraph 

4.4 of IEC Standard 62301 (Second 

Edition). 76 FR 72332, 72339 (Nov. 23, 

2011). DOE did not revise this proposal 

for the May 2012 TP SNOPR, and did 

not receive any comments on this topic 

in response to either notice. In today’s 

final rule, DOE adopts these 

amendments to its microwave oven test 

procedure. 

In the November 2011 TP SNOPR, 

DOE observed that section 5, paragraph 

5.2 of IEC Standard 62301 (Second 

Edition) maintains the installation and 

setup procedures incorporated by 

reference in the microwave oven test 

procedure in the March 2011 Interim 

Final Rule from the First Edition. These 

provisions require that the appliance be 

prepared and set up in accordance with 

manufacturer’s instructions, and that if 

no instructions are given, then the 

factory or ‘‘default’’ settings shall be 

used, or where there are no indications 

for such settings, the appliance is tested 

as supplied. Additionally, IEC Standard 

62301 (Second Edition) adds certain 

clarifications to the installation and 

setup procedures in section 5, paragraph 

5.2 of the First Edition regarding 

products equipped with a battery 

recharging circuit for an internal battery, 

as well as instructions for testing each 

relevant configuration option identified 

in the product’s instructions for use. 

DOE stated in the November 2011 TP 

SNOPR that it is not aware of any 

microwave oven with an internal 

battery, or with a recharging circuit for 

such a battery. DOE also determined 

that a requirement to separately test 

each configuration option could 

substantially increase test burden and 

potentially conflicts with the 

requirement within the same section to 

set up the product in accordance with 

the instructions for use or, if no such 

instructions are available, to use the 

factory or ‘‘default’’ settings. Therefore, 

DOE tentatively concluded in the 

November 2011 TP SNOPR that the 

portions of the installation instructions 

in section 5, paragraph 5.2 of IEC 

Standard 62301 (Second Edition) 

pertaining to batteries and the 

requirement for the determination, 

classification, and testing of all modes 

associated with every combination of 

available product configuration options 

(which may be more numerous than the 

modes associated with operation at the 

default settings) are not appropriate for 

the microwave oven test procedures. 

Accordingly, DOE proposed in the 

November 2011 TP SNOPR qualifying 

language in the test procedure 


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4020 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

amendments at 10 CFR part 430, subpart 

B, appendix I, section 2.1.3 to disregard 

those portions of the installation 

instructions. Id. DOE maintained this 

proposal for the May 2012 TP SNOPR. 

No comments on this topic were 

submitted to DOE, and for the reasons 

discussed, DOE is amending the 

microwave oven test procedure 

accordingly in today’s final rule. 

The Second Edition also contains 

provisions for the power supply (section 

4.3) and power-measuring instruments 

(section 4.4). Paragraph 4.3.2 requires 

that the value of the harmonic content 

of the voltage supply be recorded during 

the test and reported. As described 

previously, paragraph 4.4.1 requires the 

instrument to measure the crest factor 

and maximum current ratio. Paragraph 

4.4.3 requires the instrument to be 

capable of measuring the average power 

or integrated total energy consumption 

over any operator-selected time interval. 

In the November 2011 TP SNOPR, DOE 

stated that it is aware of commercially 

available power measurement 

instruments that can perform each of 

these required measurements 

individually. However, DOE is also 

aware that certain industry-standard 

instruments, such as the Yokogawa 

WT210/WT230 digital power meter and 

possibly others, are unable to measure 

harmonic content or crest factor while 

measuring average power or total 

integrated energy consumption. DOE 

expressed concern that laboratories 

currently using power-measuring 

instruments without this capability 

would be required to purchase, at 

potentially significant expense, 

additional power-measuring 

instruments that are able to perform all 

these measurements simultaneously. 

Therefore, DOE proposed in the 

November 2011 TP SNOPR for 10 CFR 

part 430, subpart B, appendix I, sections 

2.2.1.2 and 2.9.1.3 that if the powermeasuring instrument is unable to 

perform these measurements during the 

actual test measurement, it would be 

acceptable to measure the total 

harmonic content, crest factor, and 

maximum current ratio immediately 

before and immediately after the actual 

test measurement to determine whether 

the requirements for the power supply 

and power measurement have been met. 

76 FR 72332, 72339–40 (Nov. 23, 2011). 

AHAM and Whirlpool support the 

measurement of the total harmonic 

content, crest factor, and maximum 

current ratio before and after the actual 

test measurement if the power 

measuring instrument is unable to 

perform these measurements during the 

actual test. Whirlpool commented that 

this provision would prevent 

manufacturers from being required to 

purchase more comprehensive and 

expensive test equipment. (AHAM, No. 

40 at p. 4; Whirlpool, No. 33 at p. 2) 

DOE agrees with these commenters, and 

in today’s final rule amends the 

microwave oven test procedure to 

include such a provision in section 

2.2.1.2 of appendix I. 

The other major changes in the 

Second Edition related to the 

measurement of standby mode and off 

mode power consumption in covered 

products involve measurement 

techniques and specification of the 

stability criteria required to measure 

that power. The Second Edition 

contains more detailed techniques to 

evaluate the stability of the power 

consumption and to measure the power 

consumption for loads with different 

stability characteristics. According to 

the Second Edition, the user is given a 

choice of measurement procedures, 

including sampling methods, average 

reading methods, and a direct meter 

reading method. For the November 2011 

TP SNOPR, DOE evaluated these new 

methods in terms of test burden and 

improvement in results as compared to 

those methods adopted in the March 

2011 Interim Final Rule, which were 

based on IEC Standard 62301 (First 

Edition). 

In the March 2011 Interim Final Rule, 

DOE adopted provisions requiring that 

microwave oven standby mode and off 

mode power be measured using section 

5, paragraph 5.3 of IEC Standard 62301 

(First Edition). DOE also adopted 

additional specific methodology for 

microwave ovens in which power varies 

as a function of the time displayed. In 

particular, based on DOE’s testing, DOE 

adopted a requirement for these 

microwave ovens to set the display time 

to 3:23 and allowing a 10-minute 

stabilization period prior to a 10-minute 

measurement period for the display 

time of 3:33 to 3:42, based on the 

average power approach of section 5, 

paragraph 5.3.2(a) of IEC Standard 

62301 (First Edition). DOE stated that 

this method provides a valid measure of 

standby energy use for those microwave 

ovens with power consumption varying 

according to the time displayed on the 

clock. 76 FR 12825, 12838–40 (Mar. 9, 

2011). 

For the November 2011 TP SNOPR, 

DOE analyzed the potential impacts of 

referencing methodology from IEC 

Standard 62301 (Second Edition) rather 

than from the First Edition by 

comparing the provisions allowed by 

each under different scenarios of power 

consumption stability. Based on its 

analysis, DOE concluded that the use of 

the Second Edition would improve the 

accuracy and representativeness of 

power consumption measurements. 

DOE also recognized industry’s 

overwhelming support for the Second 

Edition and the benefit of harmonizing 

with international test standards to 

reduce testing burden on manufacturers 

that sell products internationally by not 

requiring multiple test methods to be 

conducted according to different testing 

methods in different countries. In the 

narrow case of microwave ovens with 

power consumption that varies as a 

function of the clock time displayed, 

DOE proposed to maintain the 

application of clauses from IEC 

Standard 62301 (First Edition) for 

measuring standby mode power 

consumption during a 10-minute test 

period that were adopted in the March 

2011 Interim Final Rule. DOE 

determined that, in this case, the use of 

the Second Edition would cause 

manufacturers to incur significant 

burden that would not be warranted by 

any potential improved accuracy of the 

measurement. 76 FR 72332, 72340–42 

(Nov. 23, 2011). DOE did not revise 

these proposals regarding testing 

methodology and the use of IEC 

Standard 62301 in the May 2012 TP 

SNOPR. 

AHAM and Whirlpool agreed with the 

existing methodology to measure 

standby power for microwave ovens 

with power consumption that varies as 

a function of the time displayed over a 

period of 10 minutes starting at a clock 

time of 3:33. Whirlpool, however, 

objected to a fixed stabilization period 

of 10 minutes, starting at a clock time 

of 3:23, prior to the start of the 

measurement period. Whirlpool 

commented that the time for the 

controls to reach the lowest power 

consumption state may be longer or 

shorter than 10 minutes for a particular 

microwave oven, and that 

manufacturers should be allowed to 

conduct the test by setting the clock 

sufficiently far in advance to ensure that 

the controls have stabilized by the start 

of the measurement period. (Whirlpool, 

No. 33 at p. 2) AHAM also stated that 

some microwave ovens may have a 

shorter stabilization period than 10 

minutes, and for those products, the 

current methodology would have a 

higher test burden than an approach in 

which the stabilization period is defined 

as the number of minutes needed for the 

microwave oven to return to its lowest 

power consumption state. AHAM 

objected to DOE’s assertion in the 

November 2011 TP SNOPR that a 

defined stabilization period would 

encourage manufacturers to minimize 

the duration of the stabilization period 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4021 

in their products. According to AHAM, 

a fixed stabilization period would likely 

lead to standardization of stabilization 

periods, and since DOE did not observe 

any current stabilization periods longer 

than 10 minutes, manufacturers would 

be encouraged to increase them up to 

the maximum of 10 minutes. AHAM 

agreed, however, that the current 10- 

minute approach is less burdensome 

than measuring standby power 

consumption in this case using IEC 

Standard 62301 (Second Edition). 

AHAM further commented that setting 

the clock time to 3:23 and allowing a 10- 

minute stabilization period prior to the 

10-minute test ensures that the test 

procedure is repeatable and 

reproducible, and minimizes test 

burden by not requiring independent 

test laboratories to determine the 

number of minutes needed for the 

microwave oven to reach its lowest 

power consumption state. According to 

AHAM, it is critical in the context of 

increased enforcement that third-party 

laboratories be able to conduct the test 

procedure with as little lab-to-lab 

variation as possible. AHAM, therefore, 

supports DOE’s proposal to maintain the 

10-minute measurement method 

currently provided in the test 

procedure. (AHAM, No. 40 at p. 5) 

For the reasons discussed above, and 

in consideration of the comments 

received supporting the proposals, DOE 

amends the microwave oven test 

procedure in today’s final rule by 

incorporating by reference the relevant 

paragraphs of section 5.3 of IEC 

Standard 62301 (Second Edition) in 10 

CFR part 430, subpart B, appendix I, 

sections 3.1.4.1 and 3.2.4. The 

amendments require the use of the 

sampling method in section 5.3.2 of the 

Second Edition for standby mode and 

off mode power measurements, except 

in the case of microwave ovens with 

power consumption that varies as a 

function of the time displayed. DOE is 

not amending the substance of the 10- 

minute test method that is currently 

provided for these products in the 

microwave oven test procedure, which 

reference provisions from IEC Standard 

62301 (First Edition). Today’s final rule 

also adopts necessary editorial changes 

to appendix I to allow for the correct 

referencing of the Second Edition, 

including definitions and section 

numbering. 

D. Definitions of ‘‘Active Mode,’’ 

‘‘Standby Mode,’’ and ‘‘Off Mode’’ 

In the March 2011 Interim Final Rule, 

DOE adopted a definition of ‘‘standby 

mode’’ based on the definitions 

provided in IEC Standard 62301 (FDIS), 

as follows: 

• ‘‘Standby mode’’ is the condition in 

which an energy-using product is 

connected to a mains power source and 

offers one or more of the following useroriented or protective functions which 

may persist for an indefinite time: 

• a remote switch (including remote 

control), internal sensor, or timer to 

facilitate the activation of other modes 

(including activation or deactivation of 

active mode); 

• and continuous functions, 

including information or status displays 

(including clocks) or sensor-based 

functions. 76 FR 12825, 12834 (Mar. 9, 

2011). 

DOE also adopted in its amendments 

to the test procedure the clarification, 

provided as a note accompanying the 

definition of standby mode in IEC 

Standard 62301 (FDIS), that a timer is a 

continuous clock function (which may 

or may not be associated with a display) 

that provides regularly scheduled tasks 

(e.g. switching) and that operates on a 

continuous basis. Id. 

DOE also adopted definitions of ‘‘off 

mode’’ and ‘‘active mode’’ based on the 

definitions provided in IEC Standard 

62301 (FDIS), as follows: 

• ‘‘Off mode’’ is the condition in 

which an energy-using product is 

connected to a mains power source and 

is not providing any standby mode or 

active mode function and where the 

mode may persist for an indefinite time. 

An indicator that only shows the user 

that the product is in the off position is 

included within the classification of off 

mode. Id. 

• ‘‘Active mode(s)’’ is the condition 

in which an energy-using product is 

connected to a mains power source and 

at least one primary function is 

activated. Id. 

In the November 2011 TP SNOPR, 

DOE did not propose changing these 

definitions in light of its proposal to 

reference the updated version of IEC 

Standard 62301, because these 

definitions have the same functional 

equivalence to those in both IEC 

Standard 62301 (FDIS) and IEC 

Standard 62301 (Second Edition). DOE 

did, however, propose to make nonsubstantive editorial changes to clarify 

for the reader the description of the 

user-oriented or protective functions 

associated with standby mode operation 

in the definition of standby mode in 10 

CFR part 430, subpart B, appendix I, 

section 1.13. 76 FR 72332, 72343 (Nov. 

23, 2011). DOE did not revise these 

proposals for mode definitions in the 

May 2012 TP SNOPR. 

DOE did not receive any comments 

regarding these proposals, and thus 

amends the microwave oven test 

procedure in today’s final rule to 

provide those clarifications in the 

definition of standby mode, which is 

now included as section 1.17 in 10 CFR 

part 430, subpart B, appendix I. 

E. Specifications for the Test Methods 

and Measurements for Microwave Oven 

Standby Mode and Off Mode Testing 

As discussed in section III.A, DOE has 

determined that for products combining 

a microwave oven with other appliance 

functionality, the compartment 

incorporating microwave cooking 

capability would be considered to meet 

the definition of a microwave oven at 10 

CFR 430.2. As a result, DOE proposed 

in the May 2012 TP SNOPR testing 

procedures specifically for such 

combined products. In particular, DOE 

proposed that the standby mode and off 

mode power for combined products be 

measured according to the same 

methodology proposed in the November 

2011 TP SNOPR for microwave ovens; 

i.e., according to the provisions 

incorporated from IEC Standard 62301 

(Second Edition), except in the case in 

which standby mode power 

consumption varies as a function of 

displayed time. In that case, the standby 

mode power would be measured for the 

entire product according to the method 

outlined in the November 2011 TP 

SNOPR. To determine the standby mode 

and off mode power associated with the 

microwave oven portion only, 

apportionment factors representing the 

fractional contribution of the microwave 

oven portion to the total standby mode 

and off mode power consumption 

would be multiplied by the overall 

standby mode and off mode power 

measurements. DOE further proposed 

specific standby mode apportionment 

factors for products that incorporate 

microwave ovens and conventional 

cooking products. The proposed 

amendments would also allow a 

manufacturer, upon submission of 

suitable supporting information to DOE, 

to use alternate apportionment values 

for such combined products. 

Manufacturers of combined products for 

which specific apportionment values 

were not provided in the test procedure 

would also be required to submit 

information as to the appropriate values 

for their products. 77 FR 28805, 28810– 

12 (May 16, 2012). 

AHAM and Whirlpool objected to the 

method of apportionment factors for 

measuring standby mode and off mode 

energy use for combined products, 

stating that DOE’s analysis was based on 

data derived from an insufficient sample 

size and to regulate a combined product 

on that basis would be arbitrary and 

unreasonable. (AHAM, No. 40 at pp. 1– 

2, 4; Whirlpool, No. 41 at pp. 1–2) 


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4022 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

Whirlpool also stated that the standby 

power of a combined product cannot be 

logically divided, and that off mode 

power may apply to one functional 

component of a combined product but 

not the other. (Whirlpool, No. 41 at pp. 

2–3) AHAM commented that, under the 

apportionment approach, third-party 

laboratories would be unable to conduct 

verification testing, because they would 

be unable to determine how to divide 

standby power among the functional 

components. (AHAM, No. 40 at p. 2) 

AHAM and Whirlpool further 

commented that the apportionment 

method would, in effect, regulate the 

standby power of the other functional 

component in addition to the 

microwave oven portion, which is 

outside of the scope of this rulemaking 

and would be unreasonable and 

arbitrary. (AHAM, No. 40 at p. 3, 

Whirlpool, No. 41 at p. 2) According to 

Whirlpool, the conventional cooking 

component of a combined product 

would be subject to energy conservation 

standards, while other conventional 

cooking products would not, creating an 

unfair competitive advantage for 

manufacturers of the unregulated 

products. 

As discussed in section III.A of this 

notice, DOE has decided not to adopt 

methodology in its microwave oven test 

procedure at this time for measuring the 

standby mode and off mode energy use 

of the microwave portion of combined 

products. Therefore, DOE does not need 

to further address these comments in 

today’s final rule. DOE may choose to 

initiate a separate rulemaking at a later 

date that would address standby and off 

mode energy use of combined products, 

at which time such comments could 

again be raised. 

F. Technical Clarifications 

DOE proposed in the November 2011 

TP SNOPR to make minor editorial 

changes in 10 CFR part 430, subpart B, 

appendix I, section 2.2.1.1 to aid the 

reader by presenting the electrical 

supply voltages consistently for 

microwave ovens and conventional 

cooking products, and also in section 

1.12 to clarify the alternative use of 

metric units for various measurements 

and calculations in the conventional 

cooking products test procedure. 76 FR 

72331 (Nov. 23, 2011). DOE did not 

revise this proposal for the May 2012 TP 

SNOPR, and did not receive any 

comments regarding these clarifications 

in response to either notice. Therefore, 

DOE adopts these clarifications to 

appendix I in today’s final rule, 

although section 1.12 is now designated 

as section 1.16. 

G. Compliance With Other EPCA 

Requirements 

1. Test Burden 

EPCA requires that test procedures 

shall be reasonably designed to produce 

test results which measure energy 

efficiency, energy use, or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use. Test 

procedures must also not be unduly 

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

6293(b)(3)) 

In the March 2011 Interim Final Rule, 

DOE concluded that the amended test 

procedure would produce test results 

that measure the power consumption of 

covered products during a 

representative average use cycle as well 

as annual energy consumption, and that 

the test procedure would not be unduly 

burdensome to conduct. 76 FR 12825, 

12840 (March 9, 2011). 

The amendments to the DOE test 

procedures proposed in the November 

2011 TP SNOPR would be based on an 

updated version of IEC Standard 62301, 

specifically IEC Standard 62301 (Second 

Edition). For the reasons discussed in 

the November 2011 TP SNOPR, DOE 

concluded that the proposed amended 

test procedures would produce test 

results that measure the standby mode 

and off mode power consumption 

during representative use, and that the 

test procedures would not be unduly 

burdensome to conduct. 76 FR 72332, 

72344–45 (Nov. 23, 2011). 

Whirlpool stated that it considers the 

test burden acceptable. However, 

Whirlpool added that this is contingent 

upon its comments on the following 

topics: (1) The exclusion of all products 

with multiple cavities, with one cavity 

having microwave capability and the 

other having a conventional oven, as 

covered products, (2) the proposed use 

of IEC Standard 62301 (Second Edition), 

(3) the measurement of total harmonic 

distortion before and/or after the actual 

test, and (4) the use of a manufacturerdetermined stabilization period at the 

start of standby power testing for 

microwave ovens with clocks. 

(Whirlpool, No. 33 at p. 2) 

For the reasons discussed in section 

III.A of this notice, DOE determined in 

today’s final rule to cover all products 

with a microwave oven component, 

including products that combine a 

microwave oven with other appliance 

functionality, for the purposes of the 

microwave oven test procedure. 

However, DOE is not adopting 

provisions to measure the standby mode 

and off mode energy use of the 

microwave oven portion of combined 

products at this time. 

Today’s final rule also adopts 

amendments to the test procedure that 

incorporate by reference IEC Standard 

62301 (Second Edition) and provisions 

that allow the measurement of total 

harmonic distortion before and/or after 

the actual test, which are in accordance 

with Whirlpool’s comments. The 

amendments do not, however, include 

Whirlpool’s recommendation that the 

stabilization period for microwave 

ovens with power consumption that 

varies as a function of the time 

displayed be set according to the time 

it takes for the product to transition to 

its lowest power state. DOE determined 

that a fixed 10-minute stabilization 

period prior to the start of the 10-minute 

measurement period for those products 

will provide clarity to testing 

laboratories and ensure repeatability 

and reproducibility, which will 

outweigh the burden of an additional 

few minutes of testing time. 

DOE concludes that the amended test 

procedures for microwave ovens will 

produce test results that measure the 

standby mode and off mode power 

consumption during representative use, 

and that the test procedures will not be 

unduly burdensome to conduct. 

2. Certification Requirements 

Sections 6299–6305 of EPCA 

authorize DOE to enforce compliance 

with the energy and water conservation 

standards established for certain 

consumer products. (42 U.S.C. 6299– 

6305 (consumer products) On March 7, 

2011, the Department revised, 

consolidated, and streamlined its 

existing certification, compliance, and 

enforcement regulations for certain 

consumer products and commercial and 

industrial equipment covered under 

EPCA, including microwave ovens. 76 

FR 12422. These regulations are 

codified in 10 CFR 429.23 (conventional 

cooking tops, conventional ovens, 

microwave ovens). 

The certification requirements for 

microwave ovens consist of a sampling 

plan for selection of units for testing and 

requirements for certification reports. 

Because there are no existing energy 

conservation standards for microwave 

ovens, DOE is not amending the 

certification reporting requirements for 

these products. However, because DOE 

adopts new metrics in today’s final rule 

(standby mode power consumption 

(PSB) and off mode power consumption 

(POFF)) for microwave ovens, DOE 

additionally amends provisions in the 

sampling plan in 10 CFR 429.23(a)(2)(i) 

to include PSB and POFF. 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4023 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that test procedure 

rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

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

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of a regulatory flexibility analysis (RFA) 

for any rule that by law must be 

proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: http://energy.gov/ 

gc/office-general-counsel. DOE reviewed 

today’s final rule under the provisions 

of the Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. 

In conducting this review, DOE first 

determined the potential number of 

affected small entities. The Small 

Business Administration (SBA) 

considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than the threshold 

number of workers specified in 13 CFR 

part 121 according to the North 

American Industry Classification 

System (NAICS) codes. The SBA’s Table 

of Size Standards is available at: 

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

documents/sba_homepage/ 

serv_sstd_tablepdf.pdf. The threshold 

number for NAICS classification 

335221, Household Cooking Appliance 

Manufacturers, which includes 

microwave oven manufacturers, is 750 

employees. DOE surveyed the AHAM 

member directory to identify 

manufacturers of microwave ovens. In 

addition, as part of the appliance 

standards rulemaking, DOE asked 

interested parties and AHAM 

representatives within the microwave 

oven industry if they were aware of any 

small business manufacturers. DOE 

consulted publicly available data, 

purchased company reports from 

sources such as Dun & Bradstreet, and 

contacted manufacturers, where needed, 

to determine if they meet the SBA’s 

definition of a small business 

manufacturing facility and have their 

manufacturing facilities located within 

the United States. Based on this 

analysis, DOE estimates that there is one 

small business which manufactures a 

product which combines a microwave 

oven with other appliance functionality. 

However, because DOE is not amending 

at this time the test procedures for 

microwave ovens to include provisions 

for measuring the standby mode and off 

mode energy use for the microwave 

oven portion of such combined 

products, DOE certifies that today’s final 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

DOE has not prepared a regulatory 

flexibility analysis for this rulemaking. 

DOE will transmit the certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

SBA for review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of microwave ovens 

must certify to DOE that their products 

comply with any applicable energy 

conservation standards. In certifying 

compliance, manufacturers must test 

their products according to the DOE test 

procedures for microwave ovens, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment, 

including microwave ovens. (76 FR 

12422 (March 7, 2011). The collectionof-information requirement for the 

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 20 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE amends its test 

procedure for microwave ovens. DOE 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

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

implementing regulations at 10 CFR part 

1021. Specifically, this rule amends an 

existing rule without affecting the 

amount, quality or distribution of 

energy usage, and, therefore, will not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A5 under 10 CFR 

part 1021, subpart D, which applies to 

any rulemaking that interprets or 

amends an existing rule without 

changing the environmental effect of 

that rule. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE 

examined this final rule and determined 

that it will not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of today’s final rule. 

States can petition DOE for exemption 

from such preemption to the extent, and 

based on criteria, set forth in EPCA. (42 


emcdonald on DSK67QTVN1PROD with 
4024 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

U.S.C. 6297(d)) No further action is 

required by Executive Order 13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

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

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

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

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

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

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at http:// 

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

DOE examined today’s final rule 

according to UMRA and its statement of 

policy and determined that the rule 

contains neither an intergovernmental 

mandate, nor a mandate that may result 

in the expenditure of $100 million or 

more in any year, so these requirements 

do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s final rule will not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

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

today’s final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

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

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

Today’s regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

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

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

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

788; FEAA) Section 32 essentially 

provides in relevant part that, where a 

rule authorizes or requires use of 

commercial standards, the rulemaking 

must inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Attorney General and 

the Chairman of the Federal Trade 

Commission (FTC) concerning the 

impact of the commercial or industry 

standards on competition. 

The final rule incorporates testing 

methods contained in the following 

commercial standards: 

1. IEC Standard 62301, ‘‘Household 

electrical appliances—Measurement of 

standby power,’’ (First Edition, June 

2005). 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4025 

2. IEC Standard 62301, ‘‘Household 

electrical appliances—Measurement of 

standby power,’’ Edition 2.0, 2011–01. 

DOE has evaluated these standards 

and is unable to conclude whether they 

fully comply with the requirements of 

section 32(b) of the FEAA, i.e., whether 

they were developed in a manner that 

fully provides for public participation, 

comment, and review. DOE has 

consulted with the Attorney General 

and the Chairman of the FTC about the 

impact on competition of using the 

methods contained in these standards 

and has received no comments objecting 

to their use. 

M. Congressional Notification 

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

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

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

N. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Reporting and 

recordkeeping requirements. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on January 11, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends parts 429 and 

430 of Chapter II of Title 10, Code of 

Federal Regulations as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 429.23 is amended by 

revising paragraph (a)(2)(i) introductory 

text to read as follows: 

§ 429.23 Conventional cooking tops, 

conventional ovens, microwave ovens. 

(a) * * * 

(2) * * * 

(i) Any represented value of estimated 

annual operating cost, energy 

consumption, standby mode power 

consumption, off mode power 

consumption, or other measure of 

energy consumption of a basic model for 

which consumers would favor lower 

values shall be greater than or equal to 

the higher of: 

* * * * * 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 3. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 4. Section 430.2 is amended by: 

■ a. Revising the definitions of 

‘‘Microwave/conventional range’’ and 

‘‘Microwave oven’’; and 

■ b. Adding the definitions for 

‘‘Convection microwave oven’’, 

‘‘Microwave/conventional cooking top’’, 

and ‘‘Microwave/conventional oven’’ in 

alphabetical order. 

The revisions and additions read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Convection microwave oven means a 

microwave oven that incorporates 

convection features and any other 

means of cooking in a single 

compartment. 

* * * * * 

Microwave/conventional cooking top 

means a class of kitchen ranges and 

ovens that is a household cooking 

appliance consisting of a microwave 

oven and a conventional cooking top. 

Microwave/conventional oven means 

a class of kitchen ranges and ovens that 

is a household cooking appliance 

consisting of a microwave oven and a 

conventional oven in separate 

compartments. 

Microwave/conventional range means 

a class of kitchen ranges and ovens that 

is a household cooking appliance 

consisting of a microwave oven and a 

conventional oven in separate 

compartments and a conventional 

cooking top. 

Microwave oven means a class of 

kitchen ranges and ovens comprised of 

household cooking appliances 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy, including 

microwave ovens with or without 

thermal elements designed for surface 

browning of food and convection 

microwave ovens. 

* * * * * 

■ 5. Appendix I to Subpart B of part 430 

is amended: 

■ a. By revising the note after the 

heading; 

■ b. In section 1. Definitions, by revising 

sections 1.16 and 1.17: 

■ c. In section 2. Test Conditions, by 

revising sections 2.1.3, 2.2.1.1, 2.2.1.2, 

2.5.2, 2.6, and 2.9.1.3; and 

■ d. In section 3. Test Methods and 

Measurements, by revising sections 

3.1.4.1, and 3.2.4. 

The revisions read as follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Conventional 

Ranges, Conventional Cooking Tops, 

Conventional Ovens, and Microwave 

Ovens 

Note: Any representation made after April 

29, 2013 related to standby mode and off 

mode energy consumption of conventional 

ranges, conventional cooking tops, and 

conventional ovens, or after July 17, 2013 for 

standby and off mode energy consumption of 

microwave ovens, must be based upon 

results generated under this test procedure. 

Any representation related to standby 

mode and off mode energy consumption of 

microwave ovens made between February 19, 

2013 and July 17, 2013 may be based upon 

results generated under this test procedure or 

upon the test procedure as it appeared at 10 

CFR part 430, subpart B, appendix I as 

contained in the 10 CFR parts 200 to 499 

edition revised as of January 1, 2012. 

Upon the compliance date(s) of any energy 

conservation standard(s) for conventional 

ranges, conventional cooking tops, 

conventional ovens, and microwave ovens 

that incorporates standby mode and off mode 

energy consumption, use of the applicable 

provisions of this test procedure to 

demonstrate compliance with the energy 

conservation standard will also be required. 

1. Definitions 

* * * * * 

1.16 Standard cubic foot (or liter (L)) of 

gas means that quantity of gas that occupies 

1 cubic foot (or alternatively expressed in L) 

when saturated with water vapor at a 

temperature of 60 °F (15.6 °C) and a pressure 

of 30 inches of mercury (101.6 kPa) (density 

of mercury equals 13.595 grams per cubic 

centimeter). 

1.17 Standby mode means any mode in 

which a conventional cooking top, 

conventional oven, conventional range, or 

microwave oven is connected to a main 

power source and offers one or more of the 

following user-oriented or protective 

functions which may persist for an indefinite 

time: (a) facilitation of the activation of other 

modes (including activation or deactivation 


emcdonald on DSK67QTVN1PROD with 
4026 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

1 12 U.S.C. 1790a(a)(2). 

of active mode) by remote switch (including 

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

provision of continuous functions, including 

information or status displays (including 

clocks) or sensor-based functions. A timer is 

a continuous clock function (which may or 

may not be associated with a display) that 

allows for regularly scheduled tasks and that 

operates on a continuous basis. 

* * * * * 

2. Test Conditions 

* * * * * 

2.1.3 Microwave ovens. Install the 

microwave oven in accordance with the 

manufacturer’s instructions and connect to 

an electrical supply circuit with voltage as 

specified in section 2.2.1 of this appendix. 

The microwave oven shall also be installed 

in accordance with Section 5, Paragraph 5.2 

of IEC 62301 (Second Edition) (incorporated 

by reference; see § 430.3), disregarding the 

provisions regarding batteries and the 

determination, classification, and testing of 

relevant modes. A watt meter shall be 

installed in the circuit and shall be as 

described in section 2.9.1.3 of this appendix. 

* * * * * 

2.2.1.1 Voltage. Maintain the electrical 

supply to the conventional range, 

conventional cooking top, and conventional 

oven being tested at 240/120 volts ±2 percent 

except that basic models rated only at 208/ 

120 volts shall be tested at that rating ±2 

percent. For microwave oven testing, 

maintain the electrical supply to the unit at 

240/120 volts ±1 percent. Maintain the 

electrical supply frequency for all products at 

60 hertz ± 1 percent. 

2.2.1.2 Supply voltage waveform. For the 

standby mode and off mode testing, maintain 

the electrical supply voltage waveform as 

indicated in Section 4, Paragraph 4.3.2 of IEC 

62301 (Second Edition) (incorporated by 

reference; see § 430.3). For microwave oven 

standby mode and off mode testing, if the 

power measuring instrument used for testing 

is unable to measure and record the total 

harmonic content during the test 

measurement period, it is acceptable to 

measure and record the total harmonic 

content immediately before and after the test 

measurement period. 

* * * * * 

2.5.2 Standby mode and off mode 

ambient temperature. For standby mode and 

off mode testing, maintain room ambient air 

temperature conditions as specified in 

Section 4, Paragraph 4.2 of IEC 62301 

(Second Edition) (incorporated by reference; 

see § 430.3). 

2.6 Normal nonoperating temperature. 

All areas of the appliance to be tested shall 

attain the normal nonoperating temperature, 

as defined in section 1.12 of this appendix, 

before any testing begins. The equipment for 

measuring the applicable normal 

nonoperating temperature shall be as 

described in sections 2.9.3.1, 2.9.3.2, 2.9.3.3, 

and 2.9.3.4 of this appendix, as applicable. 

* * * * * 

2.9.1.3 Standby mode and off mode watt 

meter. The watt meter used to measure 

standby mode and off mode shall meet the 

requirements specified in Section 4, 

Paragraph 4.4 of IEC 62301 (Second Edition) 

(incorporated by reference; see § 430.3). For 

microwave oven standby mode and off mode 

testing, if the power measuring instrument 

used for testing is unable to measure and 

record the crest factor, power factor, or 

maximum current ratio during the test 

measurement period, it is acceptable to 

measure the crest factor, power factor, and 

maximum current ratio immediately before 

and after the test measurement period. 

* * * * * 

3. Test Methods and Measurements 

* * * * * 

3.1.4.1 Microwave oven test standby 

mode and off mode power. Establish the 

testing conditions set forth in section 2, Test 

Conditions, of this appendix. For microwave 

ovens that drop from a higher power state to 

a lower power state as discussed in Section 

5, Paragraph 5.1, Note 1 of IEC 62301 

(Second Edition) (incorporated by reference; 

see § 430.3), allow sufficient time for the 

microwave oven to reach the lower power 

state before proceeding with the test 

measurement. Follow the test procedure as 

specified in Section 5, Paragraph 5.3.2 of IEC 

62301 (Second Edition). For units in which 

power varies as a function of displayed time 

in standby mode, set the clock time to 3:23 

and use the average power approach 

described in Section 5, Paragraph 5.3.2(a) of 

IEC 62301 (First Edition), but with a single 

test period of 10 minutes +0/¥2 sec after an 

additional stabilization period until the clock 

time reaches 3:33. If a microwave oven is 

capable of operation in either standby mode 

or off mode, as defined in sections 1.17 and 

1.13 of this appendix, respectively, or both, 

test the microwave oven in each mode in 

which it can operate. 

* * * * * 

3.2.4 Microwave oven test standby mode 

and off mode power. Make measurements as 

specified in Section 5, Paragraph 5.3 of IEC 

62301 (Second Edition) (incorporated by 

reference; see § 430.3). If the microwave oven 

is capable of operating in standby mode, as 

defined in section 1.17 of this appendix, 

measure the average standby mode power of 

the microwave oven, PSB, in watts as 

specified in section 3.1.4.1 of this appendix. 

If the microwave oven is capable of operating 

in off mode, as defined in section 1.13 of this 

appendix, measure the average off mode 

power of the microwave oven, POM, as 

specified in section 3.1.4.1. 

* * * * * 

[FR Doc. 2013–00917 Filed 1–17–13; 8:45 am] 

BILLING CODE 6450–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 700, 701, 741, 747, and 

750 

RIN 3133–AD97 

Definition of Troubled Condition 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: The NCUA Board (Board) is 

issuing a final rule amending the 

definition of ‘‘troubled condition’’ as 

that term is used to trigger the statutory 

requirement to give the Board notice 

and an opportunity to disapprove a 

change of credit union officials, and as 

that term appears elsewhere in NCUA’s 

regulations. Generally, the current 

definition allows only a state 

supervisory authority (SSA) to declare a 

federally insured, state-chartered credit 

union (FISCU) to be in ‘‘troubled 

condition.’’ The final rule amends the 

definition to allow either NCUA or an 

SSA to declare a FISCU in ‘‘troubled 

condition.’’ NCUA is adopting the 

amended definition of ‘‘troubled 

condition’’ as proposed. 

DATES: This rule is effective February 

19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Frank Kressman, Associate General 

Counsel, or Steven W. Widerman, Staff 

Attorney, at (703) 518–6557. 

SUPPLEMENTARY INFORMATION: 

1. Background 

2. Proposed Rule 

3. Discussion of Comments on Proposed Rule 

4. Regulatory Procedures 

1. Background 

a. Why is NCUA Adopting this Rule? 

The Board is adopting this rule to fully 

utilize the combined resources of NCUA 

and SSAs to identify FISCUs in 

‘‘troubled condition’’ at the earliest 

possible juncture. The Federal Credit 

Union Act (the Act) requires a credit 

union in ‘‘troubled condition’’ to give 

NCUA notice and an opportunity to 

disapprove a change of credit union 

officials. Currently, only SSAs can make 

this determination for a FISCU. The rule 

permits either NCUA or an SSA to 

designate a FISCU in ‘‘troubled 

condition’’ for this purpose, thus 

expanding NCUA’s opportunity to act 

preemptively to ensure that the officials 

who take control of a FISCU in 

‘‘troubled condition’’ are qualified to 

address its troubles. This gives the 

National Credit Union Share Insurance 

Fund (NCUSIF) a further measure of 

protection against the risk of loss. 

b. Statutory Framework. In 1989, 

Congress amended the Act to require a 

federally insured credit union ‘‘in 

troubled condition, as determined on 

the basis of such credit union’s most 

recent report of condition or report of 

examination,’’ 1 to notify NCUA prior to 

adding or replacing any individual 

serving as a member of the board of 

directors or a committee, or employed 


emcdonald on DSK67QTVN1PROD with