Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18261 

(5) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(L) of the INA—15 days. 

(6) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(O)(i) or (ii) of the INA—15 

days. 

(7) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(P)(i), (ii), or (iii) of the INA— 

15 days. 

(8) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(Q) of the INA—15 days. 

(9) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(R) of the INA—15 days. 

(10) Application for classification of a 

nonimmigrant described in section 

214(e) of the INA—15 days. 

(11) Petition for classification under 

section 203(b)(1)(A) of the INA—15 

days. 

(12) Petition for classification under 

section 203(b)(1)(B) of the INA—15 

days. 

(13) Petition for classification under 

section 203(b)(2)(A) of the INA not 

involving a waiver under section 

203(b)(2)(B) of the INA—15 days. 

(14) Petition for classification under 

section 203(b)(3)(A)(i) of the INA—15 

days. 

(15) Petition for classification under 

section 203(b)(3)(A)(ii) of the INA—15 

days. 

(16) Petition for classification under 

section 203(b)(3)(A)(iii) of the INA—15 

days. 

(17) Petition for classification under 

section 203(b)(1)(C) of the INA—45 

days. 

(18) Petition for classification under 

section 203(b)(2) of the INA involving a 

waiver under section 203(b)(2)(B) of the 

INA—45 days. 

(19) Application under section 248 of 

the INA to change status to a 

classification described in section 

101(a)(15)(F), (J), or (M) of the INA—30 

days. 

(20) Application under section 248 of 

the INA to change status to be classified 

as a dependent of a nonimmigrant 

described in section 101(a)(15)(E), (H), 

(L), (O), (P), or (R) of the INA, or to 

extend stay in such classification—30 

days. 

(21) Application for employment 

authorization—30 days. 

(f) Processing requirements and 

refunds. (1) USCIS will issue an 

approval notice, denial notice, a notice 

of intent to deny, or a request for 

evidence within the premium 

processing timeframe. 

(2) Premium processing timeframes 

will commence: 

(i) For those benefits described in 

paragraphs (e)(1) through (16) of this 

section, on the date the form prescribed 

by USCIS, together with the required 

fee(s), are received by USCIS. 

(ii) For those benefits described in 

paragraphs (e)(17) through (21) of this 

section, on the date that all prerequisites 

for adjudication, the form prescribed by 

USCIS, and fee(s) are received by 

USCIS. 

(3) In the event USCIS issues a notice 

of intent to deny or a request for 

evidence, the premium processing 

timeframe will stop. The premium 

processing timeframe as specified in 

paragraphs (e)(1) through (21) of this 

section will start over on the date that 

USCIS receives a response to the notice 

of intent to deny or the request for 

evidence. 

(4) Except as provided in paragraph 

(f)(5) of this section, USCIS will refund 

the premium processing service fee but 

continue to process the case if USCIS 

does not take adjudicative action 

described in paragraph (f)(1) of this 

section within the applicable processing 

timeframe as required in paragraph (e) 

of this section. 

(5) USCIS may retain the premium 

processing fee and not take an 

adjudicative action described in 

paragraph (f)(1) of this section on the 

request within the applicable processing 

timeframe, and not notify the person 

who filed the request, if USCIS opens an 

investigation for fraud or 

misrepresentation relating to the 

immigration benefit request. 

(g) Availability. (1) USCIS will 

announce by its official internet 

website, currently http://www.uscis.gov, 

the benefit requests described in 

paragraph (c) of this section for which 

premium processing may be requested, 

the dates upon which such availability 

commences or ends, and any conditions 

that may apply. 

(2) USCIS may suspend the 

availability of premium processing for 

immigration benefit requests designated 

for premium processing if 

circumstances prevent the completion 

of processing of a significant number of 

such requests within the applicable 

processing timeframe. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–06742 Filed 3–29–22; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0024] 

RIN 1904–AE01 

Energy Conservation Program: Test 

Procedure for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: In this final rule, DOE is 

amending its test procedure for 

microwave oven standby mode and off 

mode to provide additional 

specifications for the test conditions 

related to clock displays and network 

functions. DOE is not prescribing an 

active mode test procedure for 

microwave ovens at this time. 

DATES: The effective date of this rule is 

April 29, 2022. The final rule changes 

will be mandatory for product testing 

starting September 26, 2022. The 

incorporation by reference of certain 

other publications listed in this 

rulemaking was approved by the 

Director of the Federal Register on 

December 17, 2012. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket web page can be 

found at www.regulations.gov/ 

docket?D=EERE-2017-BT-TP-0024. The 

docket web page contains instructions 

on how to access all documents, 

including public comments, in the 

docket. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Stephanie Johnson, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–2J, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

1943. Email: MWO2017TP0024@

ee.doe.gov. 


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18262 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

1All references to EPCA in this document refer 

to the statute as amended through the Infrastructure 

Investment and Jobs Act, Public Law 117–58 (Nov. 

15, 2021). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3 IEC 62301, Household electrical appliances— 

Measurement of standby power (Edition 2.0, 2011– 

01). 

4 IEC 62087, Methods of measurement for the 

power consumption of audio, video, and related 

equipment (Edition 3.0, 2011–04). 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC, 20585–0121. 

Telephone: (202) 287–1445. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

maintains the following previously 

approved incorporation by reference in 

10 CFR part 430: 

International Electrotechnical 

Commission Standard 62301 (Second 

Edition), (‘‘IEC 62301), ‘‘Household 

electrical appliances—Measurement of 

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

Copies of the second edition of IEC 

62301 can be obtained from the 

International Electrotechnical 

Commission webstore or by going to 

www.webstore.iec.ch/home. 

See section IV.N of this document for 

a discussion of this standard. 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Synopsis of the Final Rule 

III. Discussion 

A. Scope of Applicability 

B. Updates to Industry Standards 

C. Active Mode Test Methods 

D. Standby Mode and Off Mode Test 

Methods 

1. Displays and Clocks 

2. Connected Functions 

E. Integrated Annual Energy Consumption 

Metric 

F. Section Title and Cross-References 

G. Effective and Compliance Dates 

H. Test Procedure Costs 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

and 13563 

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. Description of Materials Incorporated by 

Reference 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Microwave ovens are included in the 

list of ‘‘covered products’’ for which 

DOE is authorized to establish and 

amend energy conservation standards 

and test procedures. (42 U.S.C. 

6292(a)(10)) DOE’s energy conservation 

standards for microwave ovens are 

currently prescribed at title 10 of the 

Code of Federal Regulations (‘‘CFR’’) 

430.32(j). DOE’s test procedures for 

microwave ovens are prescribed at 10 

CFR 430.23(i) and appendix I to subpart 

B of 10 CFR part 430 (‘‘appendix I’’). 

The following sections discuss DOE’s 

authority to establish test procedures for 

microwave ovens and relevant 

background information regarding 

DOE’s consideration of test procedures 

for this product. 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 authorizes 

DOE to regulate the energy efficiency of 

a number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency. These 

products include microwave ovens, the 

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

6292(a)(10)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 

U.S.C. 6294), energy conservation 

standards (42 U.S.C. 6295), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

The testing requirements consist of 

test procedures that manufacturers of 

covered products must use as the basis 

for (1) certifying to DOE that their 

products comply with the applicable 

energy conservation standards adopted 

under EPCA (42 U.S.C. 6295(s)), and (2) 

making representations about the 

efficiency of those products (42 U.S.C. 

6293(c)). Similarly, DOE must use these 

test procedures to determine whether 

the products comply with any relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Federal energy efficiency 

requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy conservation testing, 

labeling, and standards. (42 U.S.C. 6297) 

DOE may, however, grant waivers of 

Federal preemption for particular State 

laws or regulations, in accordance with 

the procedures and other provisions of 

EPCA. (42 U.S.C. 6297(d)) 

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 (as 

determined by the Secretary) and shall 

not be unduly burdensome to conduct. 

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

In addition, EPCA requires that DOE 

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. (42 U.S.C. 

6295(gg)(2)(A)) If an integrated test 

procedure is technically infeasible, DOE 

must prescribe separate standby mode 

and off mode energy use test procedures 

for the covered product, if a separate 

test is technically feasible. (Id.) Any 

such amendment must consider the 

most current versions of the 

International Electrotechnical 

Commission (‘‘IEC’’) Standard 62301 3

and IEC Standard 62087 4 as applicable. 

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

If DOE determines that a test 

procedure amendment is warranted, it 

must publish a proposed test procedure 

and offer the public an opportunity to 

present oral and written comments on 

it. (42 U.S.C. 6293(b)(2)) 

EPCA also requires that, at least once 

every 7 years, DOE evaluate test 

procedures for each type of covered 

product, including microwave ovens, to 

determine whether amended test 

procedures would more accurately or 

fully comply with the requirements for 

the test procedures to not be unduly 

burdensome to conduct and be 

reasonably designed to produce test 

results that reflect energy efficiency, 

energy use, and estimated operating 

costs during a representative average 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18263 

5The transcript of the public meeting is available 

at www.regulations.gov/document?D=EERE-2017- 

BT-TP-0024-0011. 

6The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to amend test procedures for microwave 

ovens. (Docket No. EERE–2017–BT–TP–0024, 

which is maintained at www.regulations.gov). The 

references are arranged as follows: (commenter 

name, comment docket ID number, page of that 

document). 

use cycle or period of use. (42 U.S.C. 

6293(b)(1)(A)) If the Secretary 

determines, on his own behalf or in 

response to a petition by any interested 

person, that a test procedure should be 

prescribed or amended, the Secretary 

shall promptly publish in the Federal 

Register proposed test procedures and 

afford interested persons an opportunity 

to present oral and written data, views, 

and arguments with respect to such 

procedures. The comment period on a 

proposed rule to amend a test procedure 

shall be at least 60 days and may not 

exceed 270 days. In prescribing or 

amending a test procedure, the 

Secretary shall take into account such 

information as the Secretary determines 

relevant to such procedure, including 

technological developments relating to 

energy use or energy efficiency of the 

type (or class) of covered products 

involved. (42 U.S.C. 6293(b)(2)) If DOE 

determines that test procedure revisions 

are not appropriate, DOE must publish 

its determination not to amend the test 

procedures. DOE is publishing this final 

rule in satisfaction of the 7-year review 

requirement specified in EPCA. (42 

U.S.C. 6293(b)(1)(A)) 

B. Background 

DOE’s test procedure for microwave 

ovens is codified at appendix I, titled 

‘‘Uniform Test Method for Measuring 

the Energy Consumption of Cooking 

Products.’’ The microwave oven test 

procedure measures energy use in 

standby mode and off mode but does 

not include an active mode test. 

On January 18, 2018, DOE published 

a request for information (‘‘January 2018 

RFI’’) describing the requirements for 

the microwave oven test procedure and 

requesting information on certain topics 

related to microwave oven displays and 

clocks, and whether amendments were 

needed to address microwave ovens 

with network functions, which may 

affect the standby mode energy 

consumption. DOE also discussed the 

previous active mode test procedure 

proposal from a NOPR published 

February 4, 2013 (‘‘February 2013 

NOPR’’; 78 FR 7940) and requested 

information on the feasibility of 

pursuing active cooking mode and fanonly mode test methods for microwaveonly ovens and convection microwave 

ovens. 83 FR 2566. 

On November 14, 2019, DOE 

published a NOPR (‘‘November 2019 

NOPR’’), in which it responded to 

comments received in response to the 

January 2018 RFI and proposed to 

amend the standby mode test procedure 

by specifying that connected units are to 

be tested with network functions 

disabled; and that units with clock 

displays are to be tested with the 

display on, unless the product powers 

down the clock display automatically 

and provides no available setting to 

allow the consumer to prevent the clock 

display from powering down 

automatically. 84 FR 61836, 61839– 

61840. DOE also initially determined 

that an active mode test that produced 

repeatable and representative results 

without being unduly burdensome was 

not available, and therefore did not 

propose to incorporate an active mode 

test. 84 FR 61836, 61841. DOE held a 

public meeting via a webinar to present 

the proposed amendments and provide 

stakeholders an opportunity to 

comment.5

DOE received comments in response 

to the November 2019 NOPR from the 

interested parties listed in Table I.1. 

TABLE I.1—WRITTEN COMMENTS RECEIVED IN RESPONSE TO NOVEMBER 2019 NOPR 

Organization(s) Reference in this NOPR Organization type 

Association of Home Appliance Manufacturers ......................................................... AHAM ................................ Trade Association. 

(Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern 

California Edison; collectively, the California Investor-Owned Utilities.

CA IOUs ............................ Utility Association. 

Natural Resources Defense Council, Appliance Standards Awareness Project, 

American Council for an Energy-Efficient Economy, National Consumer Law 

Center, Consumer Federation of America, Northwest Energy Efficiency Alliance.

NOPR Joint Commenters .. Efficiency Organizations. 

Whirlpool Corporation ................................................................................................ Whirlpool ............................ Manufacturer. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.6

On August 3, 2021, DOE published a 

supplemental notice of proposed 

rulemaking (‘‘August 2021 SNOPR’’), in 

which DOE revised its November 2019 

NOPR proposal for testing microwave 

ovens with a connected function and 

specified explicitly that if means for 

disabling the network functions are not 

provided, the microwave oven will be 

tested with the network function in the 

factory default setting or in the asshipped condition. 86 FR 41759, 41762. 

DOE received comments in response 

to the August 2021 SNOPR from the 

interested parties listed in Table I.2. 

TABLE I.2—WRITTEN COMMENTS RECEIVED IN RESPONSE TO AUGUST 2021 SNOPR 

Organization(s) Reference in this NOPR Organization type 

Association of Home Appliance Manufacturers ......................................................... AHAM ................................ Trade Association. 

Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern 

California Edison; collectively, the California Investor-Owned Utilities.

CA IOUs ............................ Utility Association. 

Appliance Standards Awareness Project, American Council for an Energy-Efficient 

Economy, Consumer Federation of America, National Consumer Law Center, 

Northwest Energy Efficiency Alliance.

SNOPR Joint Commenters Efficiency Organizations. 

Underwriters Laboratories .......................................................................................... UL ...................................... Efficiency Organization. 


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18264 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

7The average power sampling method used for 

non-stable standby load in the second edition of IEC 

62301 would conflict with DOE’s current average 

power approach, which is referenced from the first 

edition of IEC 62301. 

II. Synopsis of the Final Rule 

In this final rule, DOE amends 

appendix I as follows: 

• Adds the introductory note; and 

• Amends the current microwave 

oven standby mode test procedure by 

adding specifications for the status of 

network functions and clock displays 

during testing. 

The adopted amendments are 

summarized in Table II.1 compared to 

the current test procedure, as well as the 

reason for the adopted change. 

TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE

Current DOE test procedure Amended test procedure Attribution 

No introductory note to communicate effective compliance dates Introductory note provides instructions on compliance 

dates 

Improve ease of compliance 

Referenced paragraph 5.2 of IEC 62301 (Second Edition), which specifies that the product must be tested 

in accordance with manufacturer’s instructions or 

using default settings if no instructions are available. If 

there are no instructions and if default settings are not 

indicated, then the microwave oven is tested as supplied.

Specifies that the microwave oven must be tested with 

the clock display on, regardless of the manufacturer’s 

instruction or default setting or supplied setting, unless the clock display powers down automatically and 

the product provides no setting that allows the consumer to prevent such automatic power down.

To improve representativeness. 

Did not include instructions for or require the measurement of energy use associated with connected 

functionality, but may have captured the energy use 

associated with connected functionality if such features were enabled by default or if manufacturer instructions specified that the connected features be 

turned on.

Specifies that if present, connected functionality must 

be disabled per manufacturer’s instructions. If it cannot be disabled by the end-user, then the basic 

model must be tested in the factory ‘default’ setting 

or in the as-shipped condition.

To prevent, when possible, 

unintended measurement 

of energy use associated 

with connected 

functionality, and thereby 

ensure reproducibility and 

comparability of test results. 

DOE has determined, as discussed in 

section III.H of this document, that of 

the amendments described in section III 

and adopted in this document, the 

direction requiring connected functions 

to be disabled will result in a lowered 

energy use for microwave ovens that 

ship with connected functions enabled 

by default but includes ways for the 

user to turn it off. DOE did not identify 

any basic model that will require 

retesting and recertification as a result 

of DOE’s adoption of the amendment. 

DOE has also determined that the test 

procedure will not be unduly 

burdensome to conduct. Discussion of 

DOE’s actions are addressed in detail in 

section III of this document. 

The effective date for the amended 

test procedure adopted in this final rule 

is 30 days after publication of this 

document in the Federal Register. 

Representations of energy use or energy 

efficiency must be based on testing in 

accordance with the amended test 

procedure beginning 180 days after the 

publication of this final rule. 

III. Discussion 

In this test procedure final rule, DOE 

is adopting some of the proposed 

changes to appendix I from the 

November 2019 NOPR and the August 

2021 SNOPR. The test procedure 

established in this final rule improves 

the representativeness and repeatability 

for microwave oven standby mode and 

off mode testing, which is discussed 

further in section III.C of this document. 

As discussed in the November 2019 

NOPR (84 FR 61836, 61840–61841) and 

section III.B of this document, DOE is 

not establishing an active mode test 

procedure for microwave ovens in this 

final rule. 

A. Scope of Applicability 

This rulemaking applies to microwave 

ovens, which DOE defines as a category 

of cooking products that is a household 

cooking appliance 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. This 

includes any microwave oven(s) 

component of a combined cooking 

product. 10 CFR 430.2. DOE is not 

amending the scope of the microwave 

oven test procedure. 

B. Updates to Industry Standards 

The test procedure for microwave 

ovens at appendix I incorporates by 

reference certain provisions of the first 

and second editions of IEC 62301 7

regarding test conditions, equipment, 

setup, and methods for measuring 

standby mode and off mode power 

consumption. In the November 2019 

NOPR, DOE requested comments on the 

degree to which the DOE test procedure 

should consider and be harmonized 

further with IEC 62301 (Second 

Edition). DOE also requested comments 

on whether and to what degree DOE 

should consider and harmonize the 

Federal test procedure for microwaves 

with other industry standards such as 

IEC 60705 Ed. 4.2. 84 FR 61844, 61845. 

In response to the November 2019 

NOPR, AHAM reiterated its opinion that 

the current level of IEC standards 

harmonization is appropriate, and DOE 

should not require the clocks and 

displays to be on during testing or 

incorporate active mode test provisions. 

(AHAM, No. 15 at pp. 4–5) Whirlpool 

expressed its support of AHAM’s 

comments and agrees that DOE should 

not incorporate IEC 60705 Ed. 4.2 active 

mode test methods. (Whirlpool, No. 16 

at p. 1) 

DOE further reviewed IEC 62301 and 

did not identify any additional 

provisions in the industry test 

procedure that would be appropriate for 

or improve the DOE test procedure. As 

such, DOE maintains its current level of 

harmonization with IEC 62301. 

Additionally, for the reasons 

discussed in section III.B of this 

document, DOE is not establishing an 

active mode test procedure for 

microwave ovens. Consideration of 

harmonization with IEC 60705 Ed. 4.2 is 

therefore unwarranted at this time. 

C. Active Mode Test Methods 

In the November 2019 NOPR, DOE 

initially determined that incorporating 

an active mode test procedure for 

microwave ovens based on IEC Standard 

60705 ‘‘Household microwave ovens— 

Methods for measuring performance’’ 

Edition 4.2 (‘‘IEC 60705 Ed. 4.2’’) would 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18265 

8 In a final rule published on April 8, 2009, DOE 

concluded that an active mode energy conservation 

standard for microwave ovens would not be 

economically justified. In particular, the benefits of 

energy savings would be outweighed by the large 

decrease in the net present value of consumer 

impacts, the economic burden on many consumers, 

and the large capital conversion costs that could 

result in a reduction in industry net present value 

for manufacturers. 74 FR 16040, 16087. 

9A notation in the form ‘‘AHAM, No. 15 at pp. 

2–3’’ identifies a written comment: (1) Made 

AHAM; (2) recorded in document number 15 that 

is filed in the docket of this test procedure 

rulemaking (Docket No. EERE–2017–BT–TP–0024, 

available for review at www.regulations.gov); and 

(3) which appears on pages 2–3 of document 

number 15. 

10Teddy Kisch, Arshak Zakarian, and Nate 

Dewart. ‘‘Literature Review of Miscellaneous 

Energy Loads (MELs) in Residential Buildings.’’ 

(CALMAC Study ID: SCE0360.01) Available at 

www.calmac.org/publications/MEL_Literature_

Review_6_10_14.pdf. 

11 In a prior investigation of an active mode test 

procedure DOE estimated that approximately 75 

percent of the annual energy use of microwaves is 

the result of active mode use. See 78 FR 7940, 7950. 

DOE understands the value presented by NOPR 

Joint Commenters is based on the current 

microwave-only and countertop microwave oven 

standby energy standard, which is different from 

the estimated 2.7 W average standby power for all 

microwave ovens, as used by DOE’s original 

analysis from 2013. 

12U.S. Department of Energy, Notice of Proposed 

Rulemaking Technical Support Document (TSD): 

Residential Dishwashers, Dehumidifiers, Cooking 

Products, and Commercial Clothes Washers (Oct. 

2008) Chapter 5, Section 5.6.1.3. This document is 

available at: www.regulations.gov/ 

document?D=EERE-2006-STD-0127-0070. 

be unduly burdensome, stating that the 

expected increase in testing cost 

resulting from increased testing time 

and the potential need for new 

laboratory equipment and facility 

upgrades would not be justified, 

especially because the circumstances 

that previously led DOE to determine 

that an active mode energy conservation 

standard for microwave oven would not 

be technologically feasible and 

economically justified 8 have not 

changed substantially. 84 FR 61836, 

61841. 

In response to the November 2019 

NOPR, AHAM expressed its support of 

DOE’s proposed decision to not include 

active mode energy testing for 

microwave ovens, stating it would be 

unduly burdensome to conduct with 

minimal benefit to energy savings. 

AHAM estimated a five to six times 

increase in testing time as well as a 

significant amount of additional cost to 

acquire new equipment and update 

facilities. AHAM further commented 

that because no technology options can 

yet reduce microwave ovens’ active 

mode energy use, and no other countries 

require an active mode test procedure, 

DOE should not amend the test 

procedure at this time. (AHAM, No. 15 

at pp. 2–3) 9 Whirlpool expressed its 

support of AHAM’s comments by 

stating that it agrees that DOE should 

not incorporate IEC 60705 Ed. 4.2 active 

mode test methods. (Whirlpool, No. 16 

at p. 1) 

The CA IOUs and the NOPR Joint 

Commenters support establishment of 

an active mode test procedure. The CA 

IOUs referred to a 2014 study 10 that 

found 80 percent of microwave ovens’ 

annual unit energy consumption occurs 

in active mode. (CA IOUs, No. 14 at p. 

2) The NOPR Joint Commenters 

asserted, based in part on data from 

DOE, that 90 percent of a microwave 

oven’s annual energy use is consumed 

in active mode.11 (NOPR Joint 

Commenters, No. 13 at p. 2) The NOPR 

Joint Commenters stated that that the 

least energy efficient model consumes 

32 percent more energy to heat test 

loads when compared to the most 

efficient model. (Id.) The CA IOUs and 

NOPR Joint Commenters recommended 

that DOE consider adopting the active 

mode test procedure prescribed in IEC 

60705 Ed. 4.2, with the CA IOUs stating 

that DOE’s current test procedure does 

not measure the representative energy 

efficiency of models with new features 

such as ‘‘inverter microwaves.’’ (CA 

IOUs, No. 14 at p. 2) The NOPR Joint 

Commenters recommended DOE further 

investigate the IEC 60705 Ed. 4.2 test 

procedure, by measuring testing time, 

estimating test burden, and exploring 

potential modifications to determine the 

associated testing burden. (NOPR Joint 

Commenters, No. 13 at pp. 2–3) The 

NOPR Joint Commenters commented 

that while test burden can be a concern, 

DOE’s responsibility is not to minimize 

all possible testing burdens irrespective 

of all other factors. (NOPR Joint 

Commenters, No. 13 at p. 3) 

As an initial matter, DOE will adopt 

industry test standards as DOE test 

procedures for covered products and 

equipment, unless such methodology 

would be unduly burdensome to 

conduct or would not produce test 

results that reflect the energy efficiency, 

energy use, water use (as specified in 

EPCA) or estimated operating costs of 

that equipment during a representative 

average use cycle. 10 CFR part 430 

subpart C appendix A section 8(c) (see 

also 42 U.S.C. 6293(b)(3)). As explained 

in the following paragraphs, DOE has 

determined that adoption of IEC 60705 

Ed. 4.2 would not meet the statutory 

requirements. 

The CA IOUs suggested DOE consider 

inverter technology. DOE considered 

both the circumstances under which 

this technology can be more efficient 

and data DOE obtained from testing 

inverter-based microwaves under the 

2006 version of IEC 60705. The NOPR 

Joint Commenters suggested DOE 

consider the newer 4.2 edition of IEC 

60705. After comparing the 2006 and 

4.2 editions and considering the data 

and the circumstances under which 

inverter technology can improve 

efficiency, DOE declines to adopt an 

active mode test procedure. Inverter 

power supplies have the potential to 

improve cooking efficiency when 

microwave ovens operate at less than 

100-percent power. However, IEC 60705 

Ed. 4.2 would not capture any such 

efficiency because it measures cooking 

efficiencies only at full power. DOE 

tested inverter-based microwave ovens 

according to the 2006 version of IEC 

60705 and found there was no 

correlation to allow DOE to draw a 

conclusion about their efficiencies 

compared to non-inverter units at full 

power.12 (See chapter 5 of the 2008 

Technical Support Document) DOE’s 

test results from IEC 60705–2006 remain 

valid because the testing methodologies 

used in IEC 60705–2006 and IEC 60705 

Ed. 4.2 are substantively the same. DOE 

has thoroughly analyzed IEC 60705 Ed. 

4.2, and found the changes since the 

2006 version were mostly editorial, with 

additional minor edits to measurement 

requirements and ambient condition 

tolerances. 

DOE declines to incorporate IEC 

60705 Ed. 4.2 as an active mode test 

procedure because doing so would not 

capture the potential energy efficiency 

improvements of the inverter 

technology at less than 100-percent 

power loading conditions. Another 

obstacle to measuring energy usage at 

less than full load is a lack of data about 

consumer usage. To develop a test 

procedure that measures active mode 

energy efficiency during a 

representative average use cycle or 

period of use that includes operation at 

less than full load (i.e., operation at less 

than maximum power), DOE would 

need consumer usage data on 

microwave use at less than full load to 

define a representative average use 

cycle. DOE neither has nor is aware of 

such data. DOE does not adopt a test 

procedure for measuring active mode 

energy consumption in this rulemaking 

for two reasons. First, IEC 60705 Ed. 4.2 

does not capture the potential energy 

efficiency improvements of inverter 

technology. Second, there is no data to 

develop a test procedure that would 

provide representative measurements of 

such potential improvements. Further, 

DOE maintains its determination that 

requiring manufacturers to use an active 

mode measurement for microwave 

ovens, with its costs from increased 


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13Since the publication of the November 2019 

NOPR, DOE published the August 18, 2020 test 

procedure withdrawal rule for cooking products 

which, among other things, renumbered section 

2.1.3 to 2.1.1 in appendix I. 85 FR 50757. DOE 

updated its reference accordingly in the August 

2021 SNOPR. 

14The term ‘current test procedure’ refers to the 

version of appendix I as modified by the August 18, 

2020 test procedure withdrawal rule for cooking 

products. 85 FR 50757. 

testing time and additional laboratory 

equipment, would be unduly 

burdensome. 

D. Standby Mode and Off Mode Test 

Methods 

1. Displays and Clocks 

DOE proposed in the November 2019 

NOPR that for microwave ovens that 

provide consumers the ability to turn 

the clock on or off, the unit must be 

configured such that the clock display 

remains on at all times during testing, 

unless the clock powers down 

automatically and the product provides 

no available setting for the consumer to 

prevent the automatic powering-down 

of the clock. 84 FR 61836, 61842. The 

proposed amendment to configure the 

clock and for the clock to remain on 

would apply regardless of manufacturer 

instruction, the default setting, or the 

supplied setting (as specified in 

paragraph 5.2 of IEC 62301 (Second 

Edition), which is referenced in section 

2.1.1 13 of appendix I for setup 

instructions). In proposing this 

amendment, DOE cited a prior energy 

conservation standard proposed rule in 

which manufacturers stated that 

consumers expect that a microwave 

oven equipped with a display should 

show clock time while in standby mode. 

Id., referencing 73 FR 62034, 62080 

(Oct. 17, 2008). DOE initially 

determined that this proposed 

additional direction would improve the 

representativeness and reproducibility 

of the test results. Id. In the November 

2019 NOPR, DOE requested comment 

on this proposal to require keeping the 

clock display on during testing, 

including whether this update would 

result in additional test burden. DOE 

also requested comment on consumer 

habits regarding the use of clock 

displays that can optionally be turned 

on or off. Id. 

AHAM commented that it does not 

support DOE’s proposal to keep the 

clock display on during testing, stating 

that doing so is unnecessary, 

unjustified, and not consistent with 

international test procedures. (AHAM, 

No. 15 at p. 2) AHAM further 

commented that requiring the clock to 

be left on during standby testing would 

deviate from the international approach, 

with no evidence to support that the 

change is necessary. AHAM stated that 

the current test is repeatable, 

reproducible, representative, not unduly 

burdensome to conduct, and that DOE 

should not deviate from the existing test 

procedure without supporting data. 

(AHAM, No. 15 at p. 3) 

As noted, EPCA requires DOE to 

measure the energy consumption of 

microwave ovens during a 

representative average use cycle. (42 

U.S.C. 6293(b)(3)) As stated, previous 

manufacturer comments indicated that 

consumers expect a microwave oven 

equipped with a display to display the 

clock time while in standby mode. 73 

FR 62034, 62080 (Oct. 17, 2008). DOE 

has found no evidence, nor did 

commenters provide any such evidence, 

that this consumer expectation has 

changed since then. Accordingly, 

requiring the clock display to be 

powered on during standby testing 

produces test results that are more 

representative of a microwave’s average 

use cycle than the prior test procedure. 

For these reasons, DOE amends section 

2.1.1 of appendix I to specify that the 

clock display must be on during testing, 

regardless of manufacturer’s 

instructions or default setting or 

supplied setting. The clock display must 

remain on during testing, unless the 

clock display powers down 

automatically with no option for the 

consumer to override this function. 

DOE notes that microwave ovens with 

displays may be categorized into two 

types: Those whose standby power 

consumption varies as a function of the 

displayed time and those whose standby 

power does not. This amendment will 

not affect the repeatability or 

reproducibility of the test procedure for 

either type. 

For microwave ovens whose standby 

power varies as a function of displayed 

time, this amendment will not impact 

the repeatability or reproducibility of 

the test procedure because the current 

test procedure already requires the 

display clock to be on. Specifically, 

section 3.1.1.1 of appendix I already 

requires that for such units, the clock 

time be set to 3:23 at the end of the 

stabilization period as specified in 

Section 5, Paragraph 5.3 of IEC 62301 

(First Edition) with power consumption 

data to be recorded using 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 after an additional 

stabilization period until the clock time 

reaches 3:33. DOE concluded from its 

own testing that this approach captures 

the power consumption of such units in 

a manner that is repeatable and 

representative of actual use. 76 FR 

12825, 12839. 

For microwave ovens whose standby 

power consumption does not vary as a 

function of the time displayed, the 

instruction for testing microwave ovens 

with the display and clock on simply 

requires that the clock be turned on at 

the beginning of the test with no further 

amendments required to the test 

method. DOE has not received any 

indication, either in the past or in 

response to the 2019 NOPR that 

compliance with these instructions may 

impact the repeatability and 

reproducibility of the test procedure or 

be overly burdensome. 

To analyze potential retest and 

recertification concerns due to this 

amendment, DOE identified 35 

microwave ovens from various 

manufacturers that could potentially be 

tested and certified with their clock 

displays turned off during standby 

mode. DOE found that 31 of the units 

(approximately ninety percent) would 

have to be certified with the clock 

display on. These units either included 

instructions for how to turn on the clock 

display or the display is already on by 

default. The amendment to test with the 

display on would not apply to the 

remaining four units because they 

contained auto-power down features 

that could not be disabled. Based on this 

review, DOE determines microwave 

ovens with displays that are explicitly 

required to be on during testing under 

the amended test procedure must 

already be tested with them on. 

2. Connected Functions 

DOE is aware of microwave ovens on 

the market with ‘‘connected’’ (i.e., 

network) functionality that use either 

Bluetooth® or Wi-Fi to communicate 

with other cooking products, such as a 

range, or with a consumer, either via 

voice commands or a smartphone or 

other device. Such a feature could 

consume additional energy use, 

depending on how it is implemented in 

the product’s controls. 

Under DOE’s current test procedure,14

section 2.1.1 of appendix I specified that 

a microwave oven must be installed in 

accordance with paragraph 5.2 of IEC 

62301 (Second Edition), which states 

that the product must be prepared and 

set up in accordance with 

manufacturer’s instructions; and if no 

instructions are available, then the unit 

must be tested using factory or default 

settings, or, in case such settings are not 

indicated, the product must be tested as 

supplied. As such, even though 

appendix I did not include instructions 

for or require the measurement of any 


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15UL 923, Microwave Cooking Appliances, 

Edition 7, available at https://standardscatalog.

ul.com/ProductDetail.aspx?productId=UL923. 

16The October 2021 consumer clothes dryers test 

procedure final rule is available online at: 

www.regulations.gov/document/EERE-2014-BT-TP0034-0039. 

energy use associated with connected 

functionality, the current test procedure 

may have unintentionally captured the 

energy use associated with connected 

functionality through the way it 

measures standby mode and off mode 

power. Specifically, section 2 of 

appendix I could measure that energy 

use if such features were enabled by 

default or if manufacturers’ instructions 

specified that the connected features be 

turned on. However, the current test 

procedure would not measure that 

energy use if manufacturers did not 

provide such an instruction and the 

product shipped with connected 

features disabled. 

In the November 2019 NOPR, DOE 

proposed to add an explicit requirement 

to test microwave oven standby mode 

and off mode energy consumption with 

connected features disabled. DOE also 

proposed that if a connected function 

cannot be disabled per manufacturer’s 

instructions, the energy use from such 

connected functions need not be 

reported to DOE nor used in 

determining compliance with the 

applicable energy conservation 

standards. 84 FR 61836, 61843. DOE 

also recognized that alternative 

approaches could be considered to 

address the issue of microwaves that do 

not provide a means for disabling 

connected functionality. One such 

approach DOE suggested was to require 

the energy use of the network function 

to be measured and subtracted from the 

standby mode energy measurement. Id. 

However, DOE initially determined that 

it did not have enough information on 

products with connected features to 

design a representative and appropriate 

test procedure because these products 

are relatively new, with limited market 

presence and field use. Id. DOE also 

stated that for a unit that is connected 

to the internet, the energy use of the 

product could depend on the speed and 

configuration of an internet connection. 

In addition, based on a review of 

manufacturer websites and user 

manuals of various appliances, as well 

as testing conducted at DOE and thirdparty laboratories, connected features 

are implemented in a variety of ways 

across different brands. Id. Therefore, 

DOE initially concluded that it did not 

have enough information to establish a 

representative configuration for testing 

connected functions repeatably. DOE 

requested comment on the proposed 

requirements for testing microwave 

ovens with connected functions 

disabled, including the example 

alternative approach. Id. 

DOE received comments from 

interested parties on this proposal, 

which DOE addressed in the August 

2021 SNOPR. Based on consideration of 

these comments, DOE proposed in the 

August 2021 SNOPR a modified 

approach for testing microwave ovens 

with connected functions that cannot be 

disabled. Specifically, DOE proposed in 

the August 2021 SNOPR that if network 

functions cannot be disabled, then the 

microwave oven is tested with the 

network function in the factory default 

setting or in the as-shipped condition. 

86 FR 41759, 41762. DOE requested 

comment on this revised proposal. Id. 

AHAM expressed support for the 

revised proposal that if manufacturers 

do not provide instructions on how to 

disable connected functions, connected 

functions should be tested in either the 

default setup condition, or as-shipped 

condition. However, AHAM suggested 

that use of the word ‘‘disable’’ may 

imply that power consumption by the 

components that provide connected 

functionality must be zero, and that a 

low but non-zero value may lead to 

confusion and inaccurate testing. 

AHAM stated that IEC 62301 uses the 

term ‘‘low power mode’’ and that DOE 

should use this term instead to capture 

scenarios where components that 

provide connected functions have been 

deactivated but continue to consume 

relatively low but non-zero amount of 

power and contribute towards standby 

power measurements. (AHAM, No. 18 at 

p. 2) AHAM further noted that because 

connected functions are still evolving, 

IEC’s low power mode definition would 

allow both flexibility and clarity for 

DOE’s microwave oven test procedure. 

(Id.) 

UL also supported DOE’s revised 

proposal for testing microwave ovens 

with connected functions and suggested 

that DOE specifically refer to the UL 

923 15 standard, which UL stated 

contains requirements that user 

instructions be provided to allow the 

consumer to identify the means to 

enable and disable smart-enabled 

operation at the appliance, including an 

illustration depicting the location of the 

actuating means with information on 

how to enable or disable the function. 

(UL, No. 21 at p. 1) 

The SNOPR Joint Commenters, 

however, noted that although DOE’s 

modified proposal would be useful, 

during actual use these functions are not 

likely to be disabled if they were 

shipped in an enabled state. The SNOPR 

Joint Commenters stated that under 

these conditions, testing microwave 

ovens with these functions disabled 

would be unrepresentative. They urged 

DOE to require that all microwave ovens 

be tested in the as-shipped condition, 

which they asserted would make the 

measurements more representative. The 

SNOPR Joint Commenters further 

suggested that DOE investigate ways to 

measure the power consumption of 

connected functions, asserting that these 

functions are becoming more prevalent 

and that capturing connected functions’ 

power consumption can better inform 

consumers as well as incentivize 

manufacturers. (SNOPR Joint 

Commenters, No. 19 at pp. 1–2) 

The CA IOUs suggested that DOE test 

all microwave ovens in the as-shipped 

condition without modification, to 

prevent wasteful energy use. The CA 

IOUs also suggested that DOE consider 

adding disclosure in the public 

certification requirements of whether 

connected functions are turned off 

during testing. They stated that making 

this information public would provide 

several benefits, through providing 

useful data for future rulemakings, 

promoting better purchasing decisions, 

and allowing consumers to make 

informed decisions about the energy 

performance of models relative to one 

another. (CA IOUs, No. 20 at pp. 1–2) 

Regarding AHAM’s comment on use 

of the term ‘‘disabled’’, DOE does not 

agree that the term ‘‘disable’’ implies 

that the power consumption must be 

zero. The wording implemented in this 

final rule specifies that ‘‘If the 

microwave oven can communicate 

through a network (e.g., Bluetooth® or 

internet connection), disable the 

network function, if it is possible to 

disable it by means provided in the 

manufacturer’s user manual, for the 

duration of testing.’’ No implication 

regarding the resulting power 

consumption is intended by this 

instruction. DOE also notes that use of 

the term ‘‘disabled’’ in this manner is 

consistent with the clothes dryer test 

procedures as amended by the final rule 

published October 8, 2021.16 86 FR 

56608. 

Regarding consideration of the term 

‘‘low power mode’’ as used by IEC 

62301, DOE developed its low-power 

mode definitions and test provisions in 

the final rule published on October 31, 

2012 (77 FR 65941) consistent with the 

requirements of EPCA. EPCA requires 

DOE to integrate measures of standby 

mode and off mode energy consumption 

into the overall energy efficiency, 

energy consumption, or other energy 

descriptor, while considering the most 


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18268 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

current version of IEC 62301; (42 U.S.C. 

6295(gg)(2)(A)). EPCA also requires DOE 

to ensure that any 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 or equipment 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); 42 U.S.C. 6314(a)(2)) 

DOE has determined that it would not 

be appropriate to reference UL 923, 

which provides requirements for user 

instructions, as UL suggested. The UL 

923 test procedure provisions regarding 

connected functionality address how to 

test a product based on the features and 

capabilities presented on the product 

and/or information provided in the user 

instructions. As stated, EPCA requires 

DOE to establish test procedures that are 

reasonably designed to produce test 

results, which measure energy 

efficiency and energy use during a 

representative average use cycle or 

period of use, while being not unduly 

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

6293(b)(3)) The purpose of the test 

procedure is not to impose requirements 

regarding the consumer operation of a 

product, or give preference to any 

specific implementations of connected 

functionality. Manufacturers can choose 

what information to include in the user 

instructions and the format of these 

instructions at their own discretion. 

In response to the CA IOUs and 

SNOPR Joint Commenters’ comments on 

connected functions, DOE reiterates that 

it lacks sufficient data to design a test 

procedure that measures the energy use 

associated with connected functions 

that is representative of average use, as 

required by EPCA. (See 42 US.C. 

6293(b)(3)) DOE reemphasizes that, as 

stated in the November 2019 NOPR, for 

a unit that is connected to the internet, 

the speed and configuration of an 

internet connection could also impact 

the energy consumed by the device. 84 

FR 61836, 61843. Connected features in 

microwave ovens are also implemented 

in a variety of ways across different 

brands. Further, the design and 

operation of these features is 

continuously evolving as the nascent 

market begins to grow for these 

products. DOE is not aware of any data 

available, nor did interested parties 

provide any such data, regarding the 

consumer use of connected features. 

Without such data, DOE cannot 

establish a representative test 

configuration for assessing the energy 

consumption of connected functionality 

for microwave ovens. Therefore, DOE is 

finalizing its proposal to require 

explicitly disabling connected 

functions, where possible. However, 

DOE agrees that there are benefits to 

manufacturers’ reporting whether a 

microwave oven basic model includes 

connected functions and the status of 

such functions during testing. As such, 

in a separate rulemaking DOE may 

consider changing the certification and 

reporting requirements for microwave 

ovens to require manufacturers to 

provide this information. 

In summary, DOE amends section 

2.1.1 of appendix I to specify that if the 

microwave oven can communicate 

through a network (e.g., Bluetooth® or 

internet connection), and it is possible 

to disable that function by means 

provided in the manufacturer’s user 

manual, the network function must be 

disabled for the duration of testing. If 

the network function cannot be 

disabled, or means for disabling the 

function are not provided in the 

manufacturer’s user manual, then the 

unit must be tested with the network 

function in the factory default setting or 

in the as-shipped condition as 

instructed in Section 5, paragraph 5.2 of 

IEC 62301 (Second Edition). 

E. Integrated Annual Energy 

Consumption Metric 

EPCA requires DOE to incorporate the 

active mode, standby mode, and off 

mode energy use values into a single 

energy use metric, unless it is 

technically infeasible to do so. (42 

U.S.C. 6295(gg)(2)(A)) Because, in the 

November 2019 NOPR, DOE did not 

propose an active mode test procedure, 

which is required when developing a 

single energy use metric, DOE found 

that consideration of an integrated 

metric was technically infeasible and 

thus moot. Therefore, DOE did not 

propose to make any changes to the 

existing metric for microwave oven 

energy consumption in the November 

2019 NOPR. 84 FR 61836, 61843. 

AHAM supported DOE’s proposal to not 

include an active mode test procedure 

and thereby maintain the current metric. 

(AHAM, No. 15 at p. 4) For the 

aforementioned reasons, DOE maintains 

the microwave oven energy 

consumption metric without the 

introduction of an integrated annual 

energy consumption metric in this final 

rule. 

F. Section Title and Cross-References 

In this final rule, DOE is not adopting 

the changes proposed in the November 

2019 NOPR to correct two crossreferences and add a title that 

distinguishes test procedure provisions 

by the type of energy supplied. Since 

the publication of the November 2019 

NOPR, DOE also published a test 

procedure withdrawal rule for cooking 

products on August 18, 2020 (‘‘August 

2020 Withdrawal Rule’’) that amended 

appendix I to remove the two crossreferences altogether and obviated the 

need to add a section title that separates 

test instructions based on the energy 

supplied. 85 FR 50757. 

G. Effective and Compliance Dates 

The effective date for the adopted test 

procedure amendment will be 30 days 

after publication of this final rule in the 

Federal Register. EPCA prescribes that 

all representations of energy efficiency 

and energy use, including those made 

on marketing materials and product 

labels, must be made in accordance with 

an amended test procedure, beginning 

180 days after publication of the final 

rule in the Federal Register. (42 U.S.C. 

6293(c)(2)) EPCA provides an allowance 

for individual manufacturers to petition 

DOE for an extension of the 180-day 

period if the manufacturer may 

experience undue hardship in meeting 

the deadline. (42 U.S.C. 6293(c)(3)) To 

receive such an extension, petitions 

must be filed with DOE no later than 60 

days before the end of the 180-day 

period and must detail how the 

manufacturer will experience undue 

hardship. (Id.) 

In the November 2019 NOPR, DOE 

proposed to remove the introductory 

note in appendix I which referenced a 

June 14, 2017, date after which any 

representations related to energy or 

power consumption of cooking products 

must be based upon results generated 

under the test procedure. As this date 

had passed, the introductory note was 

no longer needed. 

Since the publication of the 

November 2019 NOPR, DOE published 

the August 2020 Withdrawal Rule that 

also amended appendix I. 85 FR 50757. 

Among other things, that withdrawal 

rule amended appendix I to remove the 

introductory note. 85 FR 50757, 50766. 

In this final rule, DOE is adding an 

introductory note communicating the 

effective and compliance dates of 

amendments made in the rule. 

H. Test Procedure Costs 

In this document, DOE amends the 

current test procedure for microwave 

ovens by adding a requirement that 

clock displays be turned on during 

testing, notwithstanding the 

requirements in section 2.1.1 of 

appendix I, which references paragraph 

5.2 of IEC 62301 (Second Edition). That 

is, DOE makes the following changes 

from the current requirements of section 

2.1.1 of appendix I: Configure the unit 

such that the clock display remains on 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18269 

17The size standards are listed by NAICS code 

and industry description and are available at: 

www.sba.gov/document/support--table-sizestandards (Last accessed on January 10, 2022). 

18 DOE’s Compliance Certification Database is 

available at: www.regulations.doe.gov/certificationdata (last accessed January 10, 2022). 

19California Energy Commission’s MAEDbS is 

available at cacertappliances.energy.ca.gov/Pages/ 

ApplianceSearch.aspx (last accessed January 10, 

2022). 

20 app.dnbhoovers.com. 

during testing, regardless of 

manufacturer’s instructions or default 

setting or supplied setting, unless the 

clock display powers down 

automatically with no option for the 

consumer to override this function. DOE 

also provides specific direction that a 

unit with a connected function is tested 

with the connected function disabled 

during testing, if possible. Since the test 

procedure as amended by this final rule 

does not add any substantive changes to 

the testing process, DOE has determined 

that it would not result in increased 

testing costs. DOE also performed a 

review of microwave ovens currently 

certified in DOE’s Compliance 

Certification Database (‘‘CCD’’) and did 

not find any examples of basic models 

that would require retesting and 

recertification as a result of these 

amendments. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

and 13563 

Executive Order (‘‘E.O.’’) 12866, 

‘‘Regulatory Planning and Review,’’ as 

supplemented and reaffirmed by E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review, 76 FR 3821 (Jan. 21, 

2011), requires agencies, to the extent 

permitted by law, to (1) propose or 

adopt a regulation only upon a reasoned 

determination that its benefits justify its 

costs (recognizing that some benefits 

and costs are difficult to quantify); (2) 

tailor regulations to impose the least 

burden on society, consistent with 

obtaining regulatory objectives, taking 

into account, among other things, and to 

the extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(‘‘OIRA’’) in the Office of Management 

and Budget (‘‘OMB’’) has emphasized 

that such techniques may include 

identifying changing future compliance 

costs that might result from 

technological innovation or anticipated 

behavioral changes. For the reasons 

stated in the preamble, this final 

regulatory action is consistent with 

these principles. 

Section 6(a) of E.O. 12866 also 

requires agencies to submit ‘‘significant 

regulatory actions’’ to OIRA for review. 

OIRA has determined that this final 

regulatory action does not constitute a 

‘‘significant regulatory action’’ under 

section 3(f) of E.O. 12866. Accordingly, 

this action was not submitted to OIRA 

for review under E.O. 12866. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of a final regulatory flexibility analysis 

(‘‘FRFA’’) for any final rule where the 

agency was first required by law to 

publish a proposed rule 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 

(Aug. 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 website: energy.gov/gc/officegeneral-counsel. 

DOE reviewed this final rule under 

the provisions of the Regulatory 

Flexibility Act, and the procedures and 

policies published on February 19, 

2003. DOE certifies that this final rule 

does not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is as follows: 

The Small Business Administration 

(‘‘SBA’’) considers a business entity to 

be a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers or earns 

less than the average annual receipts 

specified in 13 CFR part 121. The 

threshold values set forth in these 

regulations use size standards and codes 

established by the North American 

Industry Classification System 

(‘‘NAICS’’).17 The NAICS code for 

microwave ovens is 335220, major 

household appliance manufacturing. 

The SBA sets a threshold of 1,500 

employees or fewer for an entity to be 

considered as a small business for this 

category. 

DOE identified manufacturers using 

DOE’s Compliance Certification 

Database (‘‘CCD’’),18 the California 

Energy Commission’s Modernized 

Appliance Efficiency Database System 

(‘‘MAEDbS’’),19 and prior microwave 

oven rulemakings. DOE used the 

publicly available information and 

subscription-based market research 

tools (e.g., reports from Dun & 

Bradstreet 20) to identify original 

equipment manufacturers (‘‘OEMs’’) of 

the covered product. DOE initially 

identified 48 distinct companies that 

manufacture or import microwave 

ovens. Of these 48 companies, DOE 

identified 19 OEMs. Of the 19 OEMs, 

DOE identified two domestic 

manufacturers of microwave ovens that 

met the SBA definition of a ‘‘small 

business.’’ 

This final rule amends appendix I by 

(1) adding the introductory note and (2) 

adding specifications for the status of 

network functions and clock displays 

during testing. The test procedure as 

amended by this final rule does not add 

any substantive changes to the testing 

process. Furthermore, DOE performed a 

review of microwave ovens currently 

certified in the CCD and did not find 

any examples of basic models that 

would require retesting and 

recertification as a result of these 

amendments. Therefore, DOE has 

determined that the proposed 

amendments in this final rule would not 

result in additional testing costs for any 

manufacturers, including small 

businesses. For this reason, DOE 

concludes and certifies that this final 

rule does not have a significant 

economic impact on a substantial 

number of small entities and the 

preparation of a FRFA is not warranted. 

DOE has submitted a 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). 


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18270 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

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. To certify 

compliance, manufacturers must first 

obtain test data for their products 

according to the DOE test procedures, 

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. (See 

generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (‘‘PRA’’). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 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. 

DOE is not amending the certification 

or reporting requirements for microwave 

ovens in this final rule. Instead, DOE 

may consider proposals to amend the 

certification requirements and reporting 

for microwave ovens under a separate 

rulemaking regarding appliance and 

equipment certification. DOE will 

address changes to OMB Control 

Number 1910–1400 at that time, as 

necessary. 

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 establishes 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, DOE has determined 

that adopting test procedures for 

measuring energy efficiency of 

consumer products and industrial 

equipment is consistent with activities 

identified in 10 CFR part 1021, 

appendix A to subpart D, A5 and A6. 

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 (Aug. 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 this 

final rule. States can petition DOE for 

exemption from such preemption to the 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297(d)) No further 

action is required by Executive Order 

13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that executive agencies make 

every reasonable effort to ensure that the 

regulation (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires executive agencies to 

review regulations in light of applicable 

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

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

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

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

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

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at energy.gov/gc/ 

office-general-counsel. DOE examined 

this final rule according to UMRA and 

its statement of policy and determined 

that the rule contains neither an 

intergovernmental mandate, nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18271 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

final rule will not have any impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). Pursuant to OMB 

Memorandum M–19–15, Improving 

Implementation of the Information 

Quality Act (April 24, 2019), DOE 

published updated guidelines which are 

available at www.energy.gov/sites/prod/ 

files/2019/12/f70/DOE%20Final

%20Updated%20IQA%20Guidelines

%20Dec%202019.pdf. DOE has 

reviewed this final rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that (1) is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

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

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

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

788; ‘‘FEAA’’) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (‘‘FTC’’) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The adopted modifications to the test 

procedure for microwave ovens in this 

final rule do not incorporate any new 

commercial standard. DOE has 

previously consulted with both the 

Attorney General and the Chairman of 

the FTC about the impact on 

competition of the incorporation by 

reference of IEC 62301 (First Edition) 

and IEC 62301 (Second Edition) in 

appendix I to subpart B of part 430 and 

received no comments objecting to their 

use. There are no changes to the 

incorporation in this final rule. 

M. Congressional Notification 

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

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

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

N. Description of Materials Incorporated 

by Reference 

In this final rule, DOE does not 

incorporate by reference any new 

industry standard. The incorporation by 

reference of IEC 62301 (First Edition) 

and IEC 62301 (Second Edition) in 

appendix I to subpart B of part 430 has 

already been approved by the Director 

of the Federal Register and there are no 

changes to the incorporation in this 

final rule. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on March 23, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on March 23, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

chapter II of title 10, Code of Federal 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Appendix I to subpart B of part 430 

is amended by: 


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18272 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

■ a. Adding an introductory note; and 

■ b. Revising section 2.1.1; 

The addition and revision read as 

follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Cooking 

Products 

Note: After September 26, 2022, 

representations made with respect to the 

energy use of microwave ovens must fairly 

disclose the results of testing pursuant to this 

appendix. 

On or after April 29, 2022 and prior to 

September 26, 2022 representations, 

including compliance certifications, made 

with respect to the energy use of microwave 

ovens must fairly disclose the results of 

testing pursuant to either this appendix or 

appendix I as it appeared at 10 CFR part 430, 

subpart B, in the 10 CFR parts 200 to 499 

edition revised as of January 1, 2020. 

Representations made with respect to the 

energy use of microwave ovens within that 

range of time must fairly disclose the results 

of testing under the selected version. Given 

that after September 26, 2022 representations 

with respect to the energy use of microwave 

ovens must be made in accordance with tests 

conducted pursuant to this appendix, 

manufacturers may wish to begin using this 

test procedure as soon as possible. 

* * * * * 

2.1.1 Microwave ovens, excluding any 

microwave oven component of a combined 

cooking product. 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. Install the 

microwave oven 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. 

If the microwave oven can communicate 

through a network (e.g., Bluetooth® or 

internet connection), disable the network 

function, if it is possible to disable it by 

means provided in the manufacturer’s user 

manual, for the duration of testing. If the 

network function cannot be disabled, or 

means for disabling the function are not 

provided in the manufacturer’s user manual, 

test the microwave oven with the network 

function in the factory default setting or in 

the as-shipped condition as instructed in 

Section 5, paragraph 5.2 of IEC 62301 

(Second Edition). Configure the unit such 

that the clock display remains on during 

testing, regardless of manufacturer’s 

instructions or default setting or supplied 

setting, unless the clock display powers 

down automatically with no option for the 

consumer to override this function. Install a 

watt meter in the circuit that meets the 

requirements of section 2.8.1.2 of this 

appendix. 

* * * * * 

[FR Doc. 2022–06451 Filed 3–29–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0093] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Swansboro, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Atlantic 

Intracoastal Waterway (AICW) and 

Queen Creek near Swansboro, Onslow 

County, NC. The safety zone is 

necessary to enhance the safety of 

mariners and participants during a 

mass-rescue training exercise. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

April 19, 2022, through 4 p.m. April 21, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0093 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. It would be 

impracticable and contrary to the public 

interest to publish an NPRM because we 

must establish this safety zone by April 

19, 2022, to protect persons, vessels, 

and participants against the hazards 

associated with operations during the 

full-scale training exercise. This 

exercise involves both surface vessels 

and aircraft and will simulate search 

and rescue operations for persons in the 

water and other areas on land at 

different points within the designated 

area. Due to the dynamic nature of this 

exercise, non-participants should stay 

clear of the area. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

public interest because immediate 

action is needed to protect persons, 

vessels, and participants against the 

hazards associated with operations 

during the mass-rescue training 

exercise. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port North Carolina 

(COTP) has determined potential 

hazards associated with operations 

during a planned mass rescue training 

exercise starting April 19, 2022, is a 

safety concern for anyone transiting the 

designated training area of the AlCW 

and Queen Creek in the vicinity of 

Hammocks Beach State Park in Onslow 

County, NC, because the training will 

involve persons in the water. This rule 

is necessary to protect persons, vessels, 

and participants from the hazards 

associated with the full scale mass 

rescue operations training exercise. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

April 19–21, 2022, to be enforced from 

8 a.m. through 4 p.m. daily. The safety 

zone will include all navigable waters of 

Queen Creek, Parrot Swamp, the 

Atlantic Intracoastal Waterway (AICW), 

Bogue Sound, and White Oak River 

within a line between the following 

latitudes and longitudes: starting at 

Queen Creek Road Bridge at N 

34°41′03′′, W 077°10′17′′; then Southeast 

along the shoreline to N 34°40′38′′, W 

077°09′47′′; then Southwest to N 

34°40′20′′, W 077°10′10′′; then Southeast 


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