[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Rules and Regulations]
[Pages 18261-18272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06451]


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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.

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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: <a href="/cdn-cgi/l/email-protection#98d9e8e8f4f1f9f6fbfdcbecf9f6fcf9eafcebc9edfdebecf1f7f6ebd8fdfdb6fcf7fdb6fff7ee"><span class="__cf_email__" data-cfemail="edac9d9d81848c838e88be998c83898c9f899ebc98889e998482839ead8888c3898288c38a829b">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#b3fee4fc81838284e7e383838187f3d6d69dd7dcd69dd4dcc5"><span class="__cf_email__" data-cfemail="115c465e232120264541212123255174743f757e743f767e67">[email protected]</span></a>.

[[Page 18262]]

    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: <a href="/cdn-cgi/l/email-protection#83c0e6efeae2add0ebe6f1c3ebf2ade7ece6ade4ecf5"><span class="__cf_email__" data-cfemail="d794b2bbbeb6f984bfb2a597bfa6f9b3b8b2f9b0b8a1">[email protected]</span></a>.

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))
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    \1\ All 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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    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))
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    \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).
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    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

[[Page 18263]]

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 fan-
only mode test methods for microwave-only 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\
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    \5\ The transcript of the public meeting is available at 
www.regulations.gov/document?D=EERE-2017-BT-TP-0024-0011.
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    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
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            Organization(s)               Reference in this NOPR                 Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance            AHAM....................  Trade Association.
 Manufacturers.
(Pacific Gas and Electric Company, San   CA IOUs.................  Utility Association.
 Diego Gas and Electric, and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
Natural Resources Defense Council,       NOPR Joint Commenters...  Efficiency Organizations.
 Appliance Standards Awareness Project,
 American Council for an Energy-
 Efficient Economy, National Consumer
 Law Center, Consumer Federation of
 America, Northwest Energy Efficiency
 Alliance.
Whirlpool Corporation..................  Whirlpool...............  Manufacturer.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\6\
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    \6\ The 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).
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    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 as-
shipped 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
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            Organization(s)               Reference in this NOPR                 Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance            AHAM....................  Trade Association.
 Manufacturers.
Pacific Gas and Electric Company, San    CA IOUs.................  Utility Association.
 Diego Gas and Electric, and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
Appliance Standards Awareness Project,   SNOPR Joint Commenters..  Efficiency Organizations.
 American Council for an Energy-
 Efficient Economy, Consumer Federation
 of America, National Consumer Law
 Center, Northwest Energy Efficiency
 Alliance.
Underwriters Laboratories..............  UL......................  Efficiency Organization.
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[[Page 18264]]

II. Synopsis of the Final Rule

    In this final rule, DOE amends appendix I as follows:
    <bullet> Adds the introductory note; and
    <bullet> 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        Introductory note
     communicate effective       provides instructions   Improve ease of
       compliance dates           on compliance dates      compliance
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Referenced paragraph 5.2 of     Specifies that the      To improve
 IEC 62301 (Second Edition),     microwave oven must     representativen
 which specifies that the        be tested with the      ess.
 product must be tested in       clock display on,
 accordance with                 regardless of the
 manufacturer's instructions     manufacturer's
 or using default settings if    instruction or
 no instructions are             default setting or
 available. If there are no      supplied setting,
 instructions and if default     unless the clock
 settings are not indicated,     display powers down
 then the microwave oven is      automatically and the
 tested as supplied.             product provides no
                                 setting that allows
                                 the consumer to
                                 prevent such
                                 automatic power down.
Did not include instructions    Specifies that if       To prevent, when
 for or require the              present, connected      possible,
 measurement of energy use       functionality must be   unintended
 associated with connected       disabled per            measurement of
 functionality, but may have     manufacturer's          energy use
 captured the energy use         instructions. If it     associated with
 associated with connected       cannot be disabled by   connected
 functionality if such           the end-user, then      functionality,
 features were enabled by        the basic model must    and thereby
 default or if manufacturer      be tested in the        ensure
 instructions specified that     factory `default'       reproducibility
 the connected features be       setting or in the as-   and
 turned on.                      shipped condition.      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.
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    \7\ The 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.
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    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

[[Page 18265]]

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.
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    \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.
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    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)
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    \9\ A 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.
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    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)
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    \10\ Teddy 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.
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    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.
---------------------------------------------------------------------------

    \12\ U.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.
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    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

[[Page 18266]]

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.
---------------------------------------------------------------------------

    \13\ Since 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.
---------------------------------------------------------------------------

    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[supreg] 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

[[Page 18267]]

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.
---------------------------------------------------------------------------

    \14\ The 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.
---------------------------------------------------------------------------

    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 third-
party 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)
---------------------------------------------------------------------------

    \15\ UL 923, Microwave Cooking Appliances, Edition 7, available 
at https://standardscatalog.ul.com/ProductDetail.aspx?productId=UL923.
---------------------------------------------------------------------------

    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[supreg] 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.
---------------------------------------------------------------------------

    \16\ The October 2021 consumer clothes dryers test procedure 
final rule is available online at: www.regulations.gov/document/EERE-2014-BT-TP-0034-0039.
---------------------------------------------------------------------------

    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

[[Page 18268]]

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[supreg] 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 cross-references 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 cross-references 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

[[Page 18269]]

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/office-general-counsel.
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act, and the procedures and policies published on February 
19, 2003. 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.
---------------------------------------------------------------------------

    \17\ The size standards are listed by NAICS code and industry 
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on January 10, 2022).
---------------------------------------------------------------------------

    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.''
---------------------------------------------------------------------------

    \18\ DOE's Compliance Certification Database is available at: 
www.regulations.doe.gov/certification-data (last accessed January 
10, 2022).
    \19\ California Energy Commission's MAEDbS is available at 
cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx (last 
accessed January 10, 2022).
    \20\ app.dnbhoovers.com.
---------------------------------------------------------------------------

    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).

[[Page 18270]]

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.

[[Page 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

0
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.


0
2. Appendix I to subpart B of part 430 is amended by:

[[Page 18272]]

0
a. Adding an introductory note; and
0
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 Sec.  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[supreg] 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


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