Vol. 78 Monday, 

No. 23 February 4, 2013 

Part IV 

Department of Energy 

Office of Energy Efficiency and Renewable Energy 

10 CFR Part 430 

Energy Conservation Program: Test Procedures for Microwave Ovens 

(Active Mode); Proposed Rule 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7940 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 430 

[Docket No. EERE–2010–BT–TP–0023] 

RIN 1904–AC26 

Energy Conservation Program: Test 

Procedures for Microwave Ovens 

(Active Mode) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise its test 

procedures for microwave ovens 

established under the Energy Policy and 

Conservation Act. The proposed 

amendments would add provisions for 

measuring the active mode energy use 

for microwave ovens, including both 

microwave-only ovens and convection 

microwave ovens. Specifically, DOE is 

proposing provisions for measuring the 

energy use of the microwave-only 

cooking mode for both microwave-only 

ovens and convection microwave ovens 

based on the testing methods in the 

latest draft version of the International 

Electrotechnical Commission Standard 

60705, ‘‘Household microwave ovens— 

Methods for measuring performance.’’ 

DOE is proposing provisions for 

measuring the energy use of the 

convection-only cooking mode for 

convection microwave ovens based on 

the DOE test procedure for conventional 

ovens in our regulations. DOE is also 

proposing to calculate the energy use of 

the convection-microwave cooking 

mode for convection microwave ovens 

by apportioning the microwave-only 

mode and convection-only mode energy 

consumption measurements based on 

typical consumer use. 

DATES: DOE will hold a public meeting 

on Tuesday, March 5, 2013, from 9 a.m. 

to 4 p.m., in Washington, DC. The 

meeting will also be broadcast as a 

webinar. See section V, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants. 

DOE will accept comments, data, and 

information regarding this notice of 

proposed rulemaking (NOPR) before and 

after the public meeting, but submitted 

no later than April 22, 2013. See section 

V, ‘‘Public Participation,’’ for details. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the meeting 

should advise DOE as soon as possible 

by contacting Ms. Edwards to initiate 

the necessary procedures. Please also 

note that those wishing to bring laptops 

into the Forrestal Building will be 

required to obtain a property pass. 

Visitors should avoid bringing laptops, 

or allow an extra 45 minutes. Persons 

can attend the public meeting via 

webinar. For more information, refer to 

the Public Participation section near the 

end of this notice. 

Any comments submitted must 

identify the NOPR on Test Procedures 

for Microwave Ovens, and provide 

docket number EERE–2010–BT–TP– 

0023 and/or regulatory information 

number (RIN) 1904–AC26. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: MWO-2010-TP0023@ee.doe.gov. Include docket 

number EERE–2010–BT–TP–0023 and/ 

or RIN 1904–AC26 in the subject line of 

the message. 

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

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (Public 

Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

framework documents, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

A link to the docket Web page can be 

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

docketDetail;dct=FR%252BPR

%252BN%252BO%252BSR;rpp=

10;po=0;D=EERE-2010-BT-TP-0023. 

This Web page contains a link to the 

docket for this notice on the 

www.regulations.gov site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. See section V for 

information on how to submit 

comments through 

www.regulations.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, or 

participate in the public meeting, 

contact Ms. Brenda Edwards at (202) 

586–2945 or email: Brenda.Edwards@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Ashley Armstrong, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 586–6590. Email: 

ashley.armstrong@ee.doe.gov. 

Mr. Ari Altman, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 287–6307. Email: 

ari.altman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Notice of Proposed 

Rulemaking 

III. Discussion 

A. Products Covered by this Test Procedure 

Rulemaking 

B. Effective Date for the Test Procedure and 

Date on Which Use of the Test Procedure 

Will Be Required 

C. Consumer Usage 

D. Specifications for the Test Methods and 

Measurements for the Microwave-Only 

Ovens 

1. NODA Test Results and Comments 

2. Proposed Test Method 

E. Specifications for the Test Methods and 

Measurements for Convection 

Microwave Ovens 

1. NODA Test Results and Comments 

2. Proposed Test Method 

F. Measures of Energy Consumption 

G. Compliance With Other EPCA 

Requirements 

1. Test Burden 

2. Certification Requirements 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7941 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

V. Public Participation 

A. Attendance at Public Meeting 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

1. Microwave-only Oven Test Method 

2. Convection Microwave Oven Test 

Method 

3. Fan-Only Mode Test Method 

4. Integrated Annual Energy Use Metric 

5. Test Burden 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

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

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

variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the Energy 

Independence and Security Act of 2007 

(EISA 2007), Pub. L. 110–140 (Dec. 19, 

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

editorial reasons was redesignated as 

Part A upon incorporation into the U.S. 

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

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ These include 

microwave ovens, the subject of today’s 

notice. (42 U.S.C. 6291(1)–(2) and 

6292(a)(10)) 

Under EPCA, this program consists 

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

labeling, (3) Federal energy conservation 

standards, and (4) certification and 

enforcement procedures. The testing 

requirements consist of test procedures 

that manufacturers of covered products 

must use (1) as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA, and (2) 

for making representations about the 

efficiency of those products. Similarly, 

DOE must use these test requirements to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

General Test Procedure Rulemaking 

Process 

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

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides in relevant part that any 

test procedures prescribed or amended 

under this section shall be reasonably 

designed to produce test results that 

measure energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

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

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

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

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

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

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

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

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

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

EISA 2007 amended EPCA to require 

DOE to amend its test procedures for all 

covered products to integrate measures 

of standby mode and off mode energy 

consumption into the overall energy 

efficiency, energy consumption, or other 

energy descriptor, unless the current 

test procedure already incorporates the 

standby mode and off mode energy 

consumption, or if such integration is 

technically infeasible. If an integrated 

test procedure is technically infeasible, 

DOE must prescribe a separate standby 

mode and off mode energy use test 

procedure for the covered product, if a 

separate test is technically feasible. (42 

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

DOE Microwave Oven Test Procedure 

DOE’s test procedure for microwave 

ovens is codified at appendix I to 

subpart B of Title 10 of the Code of 

Federal Regulations (CFR) (Appendix I). 

The test procedure was established in 

an October 3, 1997 final rule that 

addressed active mode energy use only. 

62 FR 51976. 

On July 22, 2010, DOE published in 

the Federal Register a final rule for the 

microwave oven test procedure 

rulemaking (July 2010 TP Repeal Final 

Rule), in which it repealed the 

regulatory provisions for establishing 

the cooking efficiency test procedure for 

microwave ovens under the Energy 

Policy and Conservation Act (EPCA). 75 

FR 42579. In the July 2010 TP Repeal 

Final Rule, DOE determined that the 

existing microwave oven test procedure 

to measure the cooking efficiency, 

which was based on the IEC Standard 

705—Second Edition 1998 and 

Amendment 2—1993, ‘‘Methods for 

Measuring the Performance of 

Microwave Ovens for Households and 

Similar Purposes’’ (IEC Standard 705), 

did not produce representative and 

repeatable test results. DOE stated that 

it was unaware of any test procedures 

that had been developed that addressed 

the concerns with the microwave oven 

cooking efficiency test procedure. DOE 

was also unaware of any research or 

data on consumer usage indicating what 

a representative food load would be, or 

any data showing the repeatability of 

test results. 75 FR 42579, 42581. In 

addition, in comments received in 

response to a separate test procedure 

notice of proposed rulemaking (NOPR) 

published in the Federal Register on 

October 17, 2008, which addressed 

provisions for measuring standby mode 

and off mode energy use for microwave 

ovens (73 FR 62134), interested parties 

commented that pure water has 

relatively low specific resistivity, and 

actual food items that might be cooked 

in a microwave oven would have more 

salts and thus absorb microwave energy 

more efficiently than pure water. 

Interested parties stated that, as a result, 

testing with a water load would likely 

result in lower efficiency measurements 

than would be expected from using 

actual food products. 

On July 22, 2010, DOE also published 

in the Federal Register a notice of 

public meeting to initiate a separate 

rulemaking process to consider new 

provisions for measuring microwave 

oven energy efficiency in active 

(cooking) mode. 75 FR 42611. DOE held 

the public meeting on September 16, 

2010. DOE received no data or 

comments at or in response to this 

public meeting suggesting potential 

methodologies for test procedures for 

microwave oven active mode. 

On October 24, 2011, DOE published 

a Request for Information (RFI) notice to 

announce that it has initiated a test 

procedure rulemaking to develop active 

mode testing methodologies for 

microwave ovens (hereafter referred to 

as the October 2011 RFI). 76 FR 65631. 

DOE specifically sought information, 

data, and comments regarding 

representative and repeatable methods 

for measuring the energy use of 

microwave ovens, in particular for the 

microwave-only and convectionmstockstill on DSK4VPTVN1PROD with PROPOSALS4

7942 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

1TX–151 is a solidifying powder that, when 

combined with water creates a gel. One consumer 

product review organization in the United Kingdom 

used the TX–151 gels to simulate a food load. 77 

FR 33106, 33116. 

2 DOE notes that for the proposed microwaveonly mode test procedure amendments, all 

numerical values are presented in metric units in 

today’s notice to demonstrate harmonization with 

the November 2011 draft IEC Standard 60705. In the 

regulatory text, all values are presented in U.S. 

units with metric units in parenthesis. 

microwave cooking (i.e., microwave 

plus convection and any other means of 

cooking) modes. DOE sought comment 

on the following: (1) The characteristics 

of food loads representative of consumer 

use, (2) the repeatability of energy use 

measurements using different food 

loads, and (3) consumer usage data on 

the hours of operation in active mode, 

standby mode, and off mode for the 

development of an integrated energy use 

metric. In response to the October 2011 

RFI, interested parties commented that 

testing microwave-only ovens and 

convection microwave ovens with real 

and artificial food loads do not produce 

acceptable levels of repeatability and 

reproducibility. Interested parties also 

commented that DOE should harmonize 

its test procedure for microwave-only 

ovens with IEC Standard 60705, 

‘‘Household microwave ovens— 

Methods for measuring performance’’ 

(IEC Standard 60705). 

Based on DOE’s determination to 

initiate a microwave oven active mode 

test procedure rulemaking and 

comments received on the October 2011 

RFI, DOE conducted testing to evaluate 

potential amendments to its microwave 

oven test procedure to establish new 

methods for measuring the active mode 

energy use for these products, including 

the microwave-only, convection-only, 

and convection-microwave cooking 

modes. On June 5, 2012, DOE published 

a Notice of Data Availability (NODA) to 

present test results and analytical 

approaches that DOE was considering 

for potential amendments to the 

microwave oven test procedure and to 

request additional comment and 

information on these results (hereafter 

referred to as the June 2012 NODA). 77 

FR 33106. In the June 2012 NODA, DOE 

presented test results from microwaveonly cooking mode testing of water 

loads and food simulation mixtures 

consisting of water and basic food 

ingredients (i.e., fats, sugars, salt, fiber, 

proteins, etc.). DOE also presented test 

results from testing using the 

convection-microwave cooking mode on 

the following loads: (1) Crisco® AllVegetable shortening, (2) Russet 

Burbank potatoes, (3) U.S. Department 

of Agriculture (USDA) grade A boneless 

chicken breasts, and (4) food simulation 

TX–151 gels. 1 Finally, DOE presented 

test results from testing of the 

convection-only cooking mode using the 

aluminum test block specified in the 

DOE conventional oven test procedure 

in 10 CFR part 430, subpart B, appendix 

I. In response to the June 2012 NODA, 

DOE received comments on the 

following issues: 

• The Association of Home Appliance 

Manufacturers (AHAM) and Whirlpool 

Corporation (Whirlpool) commented 

that the draft revised IEC Standard 

60705 produces repeatable and 

reproducible results and DOE should 

harmonize with the IEC Standard 60705 

when the revised version is published. 

(AHAM, No. 18 at pp. 2–3; Whirlpool, 

No. 15 at pp. 1–2) 

• AHAM and Whirlpool stated that 

DOE should not develop test procedures 

for convection microwave ovens 

because: (1) They represent only 4 

percent of microwave oven shipments, 

(2) the potential for energy savings is 

trivial compared to the added test 

burden, and (3) there are currently no 

international test standards for these 

products. (AHAM, No. 18 at p. 3; 

Whirlpool, No. 15 at pp. 4–6) 

• The Appliance Standards 

Awareness Project (ASAP), and National 

Resources Defense Council (NRDC) 

supported the development of test 

procedures for convection microwave 

ovens. (ASAP, NRDC, No. 17 at pp. 1– 

2) 

On January 18, 2013, DOE published 

a final rule (hereafter referred to as the 

January 2013 Final Rule) amending the 

test procedure for microwave ovens to 

incorporate by reference certain 

provisions of IEC Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power,’’ 

Edition 2.0 2011–01 (IEC Standard 

62301 (Second Edition)) for measuring 

standby mode and off mode energy use. 

78 FR 4015. 

II. Summary of the Notice of Proposed 

Rulemaking 

In today’s NOPR, DOE proposes to 

amend the test procedures for 

microwave ovens in 10 CFR part 430 to 

include methods for measuring the 

active mode energy use. The proposed 

amendments would add test methods 

for microwave-only ovens based on the 

provisions in the draft revised IEC 

Standard 60705. The proposed test 

method would involve measuring the 

energy consumption required to heat 

water loads of 275 grams (g), 350 g, and 

1000 g, in 600 milliliter (ml), 900 ml, 

and 2000 ml borosilicate glass test 

containers, respectively, by 45–50 

degrees Celsius (°C) and 50–55 °C.2 The 

results from the two different 

temperature rise tests would then be 

used to linearly interpolate the energy 

consumption required to heat each load 

by 50 °C, which is then weighted based 

on consumer usage to calculate the 

weighted per-cycle cooking energy 

consumption. In addition to the cooking 

cycle energy consumption, the proposed 

amendments would also require that if 

the microwave oven is capable of 

operating in fan-only mode while the 

microwave is cooling down after the 

completion of the microwave-only 

cooking cycle, such energy consumption 

shall be measured until the end of the 

fan-only mode. This energy 

consumption would then be added to 

the cooking energy consumption to 

calculate an overall weighted per-cycle 

energy consumption. 

For convection microwave ovens (i.e., 

microwave ovens that incorporate 

convection features and possibly other 

means of cooking), DOE is proposing in 

today’s NOPR that the microwave-only 

cooking mode be measured according to 

the procedures described above for 

microwave-only ovens, which are based 

on the draft revised IEC Standard 60705. 

DOE is also proposing that the 

convection-only cooking mode for 

convection microwave ovens be 

measured according to the DOE 

conventional ovens test procedure in 10 

CFR part 430, subpart B, appendix I, 

with added clarifications and changes. 

The proposed test method involves 

setting the temperature controls to 375 

degrees Fahrenheit (°F) and heating an 

8.5 ± 0.1 pound cylindrical aluminum 

test block from ambient room 

temperature until the test block 

temperature has increased 234 °F above 

its initial temperature. The proposed 

amendments would also require that if 

the microwave oven is capable of 

operating in fan-only mode after the 

completion of the convection-only 

cooking cycle, such energy consumption 

shall be measured until the end of the 

fan-only mode. DOE also proposes to 

calculate the per-cycle energy 

consumption for the convectionmicrowave cooking mode by 

apportioning the microwave-only mode 

and convection-only mode energy 

consumption measurements described 

above based on typical consumer use. 

DOE is proposing to require that the 

microwave-only and convection-only 

test series each be repeated three times 

unless the total microwave-only and 

convection-only per-cycle energy 

consumption for the second 

measurement is within 1.5 percent of 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7943 

3Note that in the March 2011 Interim Final Rule, 

DOE referred to such a product as a ‘‘combination 

oven.’’ 

4 DOE proposed in the May 2012 TP SNOPR to 

add a definition of ‘‘microwave/conventional 

cooking top’’ in 10 CFR 430.2 to state that it is a 

class of kitchen ranges and ovens that is a 

household cooking appliance consisting of a 

microwave oven and a conventional cooking top. 

DOE also proposed to add a definition of a 

‘‘microwave/conventional oven’’ as a class of 

kitchen ranges and ovens which consists of a 

microwave oven and a conventional oven in 

separate compartments. 77 FR 28805, 28809–10 

(May 16, 2012). 

5Alison Williams, Hung-Chia (Dominique) Yang, 

Bereket Beraki, Louis-Benoit Desroches, Scott J. 

Young, Chun Chun Ni, Henry Willem, and Camilla 

Dunham Whitehead: LBNL; Sally M. Donovan, 

Consultant, Melbourne, Australia. (2012) Surveys of 

Microwave Ovens in U.S. Homes. Lawrence 

Berkeley National Laboratory, LBNL–5947E. 

December. 

the value obtained from the first 

measurement. DOE notes that the 

proposed requirement for multiple test 

runs would improve the accuracy of the 

test results by accounting for the 

variability from test to test. 

DOE is proposing in today’s NOPR to 

establish an integrated annual energy 

use metric that combines standby mode, 

off mode, and all available active modes 

for each product type (i.e., microwaveonly ovens and convection microwave 

ovens). The total annual energy use 

would be calculated as the sum of the 

product of the per-cycle energy 

consumption and the number of annual 

cooking cycles for each available active 

mode cooking mode, plus the sum of the 

product of the average standby mode 

and off mode power consumption and 

the annual standby mode and off mode 

hours. 

As noted above, EPCA requires that 

DOE determine whether a proposed test 

procedure amendment would alter the 

measured efficiency of a product, 

thereby requiring adjustment of existing 

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

there are currently no Federal energy 

conservation standards for microwaves, 

such requirement does not apply to this 

rulemaking. 

III. Discussion 

A. Products Covered by This Test 

Procedure Rulemaking 

DOE defines ‘‘microwave oven’’ as a 

class of kitchen ranges and ovens which 

is a household cooking appliance 

consisting of a compartment designed to 

cook or heat food by means of 

microwave energy, including 

microwave ovens with or without 

thermal elements designed for surface 

browning of food and convection 

microwave ovens. 10 CFR 430.2 In the 

March 2011 Interim Final Rule, DOE 

determined that this regulatory 

definition includes all ovens equipped 

with microwave capability, including 

convection microwave ovens 3 (i.e., 

microwave ovens that incorporate 

convection features and possibly other 

means of cooking) because they are 

capable of cooking or heating food by 

means of microwave energy. 76 FR 

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

January 2013 Final Rule, DOE amended 

the microwave oven test procedure to 

add a definition of convection 

microwave oven in 10 CFR 430.2 as a 

microwave oven that incorporates 

convection features and any other 

cooking means in a single compartment. 

78 FR 4015, 4018 (Jan. 18, 2013). For the 

purpose of this active mode test 

procedure rulemaking, DOE is not 

proposing to amend the definition of 

convection microwave oven in 10 CFR 

430.2. In today’s NOPR, DOE is 

proposing amendments to address test 

procedures for both microwave-only 

ovens and convection microwave ovens. 

DOE notes that all products that 

combine a microwave oven with other 

appliance functionality would be 

considered covered products under a 

microwave oven regulatory requirement, 

including microwave/conventional 

ranges, microwave/conventional ovens, 

microwave/conventional cooking tops, 

and other combined products such as 

microwave/refrigerator-freezer/charging 

stations.4 However, DOE proposes not to 

require such ‘‘combined products’’ be 

tested according to the proposed 

amendments in today’s NOPR due to a 

lack of information regarding 

appropriate testing methods and proper 

apportionment of energy use between 

the different functional components of 

the combined products. 

B. Effective Date for the Test Procedure 

and Date on Which Use of the Test 

Procedure Will Be Required 

The effective date of the active mode 

test procedures for microwave ovens 

would be 30 days after the date of 

publication of the final rule. DOE’s 

amended test procedure regulations 

codified in the CFR would clarify, 

though, that the procedures and 

calculations adopted in the final rule 

need not be performed to determine 

compliance with energy conservation 

standards until compliance with any 

final rule establishing amended energy 

conservation standards for microwave 

ovens in active mode is required. 

However, as of 180 days after 

publication of the final rule, any 

representations as to the active mode 

energy consumption of the products that 

are the subject of this rulemaking would 

need to be based upon results generated 

under the applicable provisions of this 

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

C. Consumer Usage 

DOE notes that Lawrence Berkeley 

National Laboratories (LBNL) conducted 

a consumer usage survey to evaluate the 

consumer usage habits for microwave 

ovens.5 The survey collected data from 

2258 households on the typical cycle 

lengths, the annual number of cooking 

cycles, and the annual hours of use for 

microwave-only ovens. The survey also 

collected data from 653 households on 

the typical cycle lengths, the annual 

number of cooking cycles, and the 

annual hours of use for each available 

cooking mode for convection microwave 

ovens. The results from the study 

conducted by LBNL are presented in 

Table III.1 and Table III.2. 

TABLE III.1—ESTIMATE OF CONSUMER USE FOR MICROWAVE-ONLY OVENS

Mode Cycle length 

(min) 

Number of 

annual cycles 

Annual hours 

(hours) 

Microwave-Only Cooking ............................................................................................................. 2.62 1026 44.9 

TABLE III.2—ESTIMATE OF CONSUMER USE FOR CONVECTION MICROWAVE OVENS

Mode Cycle length 

(min) 

Number of 

annual cycles 

Annual hours 

(hours) 

Microwave-Only Cooking ............................................................................................................. 2.54 842 35.7 

Convection-Only Cooking ............................................................................................................ 18.70 101 31.7 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7944 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

6The previous DOE microwave oven test 

procedure also provided for the calculation of 

several other measures of energy consumption, 

including cooking efficiency and annual energy 

consumption. 

7The August 2010 draft IEC Standard 60705 

evaluated for the June 2012 NODA used a smaller 

test container for the 275 g water load (400 ml 

capacity) than specified in the November 2011 draft 

IEC Standard 60705 (600 ml capacity.) Because the 

dimensions of both test containers are reasonably 

similar, however, DOE believes the repeatability 

and reproducibility of the two test containers will 

be relatively equivalent. 

TABLE III.2—ESTIMATE OF CONSUMER USE FOR CONVECTION MICROWAVE OVENS—Continued 

Mode Cycle length 

(min) 

Number of 

annual cycles 

Annual hours 

(hours) 

Convection-Microwave Cooking .................................................................................................. 15.00 69 17.3 

In response to the June 2012 NODA, 

Whirlpool commented that an informal 

poll of their employees suggested that 

for convection microwave oven owners, 

90 percent of field use is microwaveonly cooking, and the remaining 10 

percent is a mix of convectionmicrowave cooking and convection-only 

cooking. (Whirlpool, No. 15 at p. 5) The 

field use data presented in Table III.2 

shows that microwave-only cooking, 

convection-only cooking, and 

convection-microwave cooking account 

for 83.2 percent, 10.0 percent, and 6.8 

percent, respectively, of the total annual 

cooking cycles. DOE notes that these 

values are in relative agreement with 

Whirlpool’s informal employee survey. 

As discussed in section III.F, DOE is 

proposing to use the consumer usage 

data in Table III.1 and Table III.2 to 

calculate the total annual energy 

consumption for both microwave-only 

ovens and convection microwave ovens. 

Korea commented on the June 2012 

NODA that active mode energy use 

testing is unnecessary for microwave 

ovens because microwave ovens operate 

in active mode for only a very short 

period of time. Korea stated that the 

European Union and Korea only test 

microwave ovens in standby mode. 

Korea commented that if DOE proceeds 

with a test procedure for microwave 

oven active mode, DOE should provide 

scientific data concerning the annual 

active mode hours for microwave ovens 

and the percentage of energy consumed 

in active mode and standby mode. 

(Korea, No. 20 at p. 2) Based on the data 

presented in section III.F, DOE estimates 

for microwave-only ovens that active 

mode energy use contributes to 75.1 

percent of the total annual energy use, 

whereas standby mode and off mode 

energy use accounts for the remaining 

24.9 percent of the total annual energy 

use. Similarly for convection microwave 

ovens, the active mode energy use 

contributes to 83.9 percent of the total 

annual energy use, and standby mode 

and off mode accounts for the remaining 

16.1 percent of the total annual energy 

use. Because the active mode energy use 

accounts for a significant portion of the 

total annual energy use, DOE is 

proposing amendments in today’s NOPR 

for measuring the active mode energy 

use. 

D. Specifications for the Test Methods 

and Measurements for the MicrowaveOnly Ovens 

1. IEC Standard 60705/Water Test Loads 

In today’s NOPR, DOE is proposing to 

add test methods for measuring the 

energy consumption of the microwaveonly cooking mode for microwave-only 

ovens based on the November 2011 draft 

IEC Standard 60705. As discussed in 

section I, before being repealed, DOE’s 

previous active mode test procedure for 

microwave ovens incorporated by 

reference portions of IEC Standard 705 

for measuring the energy consumption 

of the microwave-only cooking mode. 

These test methods measured the 

amount of energy required to raise the 

temperature of 1 kilogram (kg) of water 

by 10 °C under controlled conditions. 

The ratio of usable output power over 

input power described the energy factor 

(EF), a measure of the cooking 

efficiency.6

DOE notes that the IEC published a 

revised version of IEC Standard 705, 

which was renamed IEC Standard 

60705—Edition 3.0 1999–04, 

‘‘Household microwave ovens— 

Methods for measuring performance’’ 

(IEC Standard 60705 Third Edition). IEC 

subsequently published an updated 

version, IEC Standard 60705—Edition 

4.0 2010–04 (IEC Standard 60705 Fourth 

Edition). Both of these test methods 

maintained the same basic testing 

methods as IEC Standard 705 for 

measuring the active mode energy use of 

microwave ovens. 

In the June 2012 NODA, DOE noted 

that the IEC is in the process of revising 

its current test standard for microwave 

ovens, IEC Standard 60705 Fourth 

Edition. 77 FR 33106, 33108 (June 5, 

2012). The latest draft version of the IEC 

Standard 60705 that DOE was aware of 

for the June 2012 NODA was dated 

August 8, 2010 (hereafter referred to as 

the August 2010 draft IEC Standard 

60705.) However, after the June 2012 

NODA, DOE was made aware of a more 

recent draft version of IEC Standard 

60705, which is dated November 25, 

2011 (hereafter referred to as the 

November 2011 draft IEC Standard 

60705.) DOE will therefore be 

considering this newer draft version in 

this rulemaking. 

The November 2011 draft IEC 

Standard 60705 includes a new test 

method that continues to use water as 

the cooking load. The draft revised test 

method involves measuring the energy 

consumption required to heat water 

loads of 275 g, 350 g, and 1000 g, in 600 

ml, 900 ml, and 2000 ml borosilicate 

glass test containers,7 respectively, by 

45–50 °C and 50–55 °C. The results from 

the two different temperature rise tests 

at each load size are used to linearly 

interpolate the energy consumption 

required to heat the load by 50 °C. The 

cooking cycle energy consumption for 

each water load size is then weighted 

based on consumer usage to calculate an 

average weighted per-cycle cooking 

energy consumption. The weighting 

factors are as follows: 275 g = 3/11; 350 

g = 6/11; 1000 g = 2/11. According to 

the November 2011 draft IEC Standard 

60705, these weighting factors are 

related to average household use and 

represent typical loads. 

In addition to the cooking cycle 

energy consumption, the November 

2011 draft IEC Standard 60705 includes 

methods for measuring the cooling 

down energy consumption for a period 

of 15 minutes after the completion of a 

50 °C water load temperature rise 

cooking cycle. Although this 

measurement method may be applied to 

all microwave ovens, including those 

that revert back to standby mode or off 

mode, the November 2011 draft IEC 

Standard 60705 notes that the cooling 

down energy consumption 

measurement is designed to measure the 

energy consumption associated with 

ventilating the microwave oven (i.e., 

operation of a fan) to cool down the 

cavity. The November 2011 draft IEC 

Standard 60705 includes the cooling 

down energy consumption 

measurement in an informative annex 

that is not required to be conducted. 

DOE recognizes that the IEC has made 

changes to the draft IEC Standard 60705 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7945 

8A notation in the form ‘‘AHAM, No. 18 at pp. 

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

Association of Home Appliance Manufacturers; (2) 

recorded in document number 18 that is filed in the 

docket of the microwave oven active mode test 

procedure rulemaking (Docket No. EERE–2010–BT– 

TP–0023) and available for review at 

www.regulations.gov; and (3) which appears on 

pages 2 through 3 of document number 18. 

testing methods and that these testing 

methods may be subject to further 

changes during the IEC review process. 

However, DOE decided to consider the 

methodology from the November 2011 

draft IEC Standard 60705 for potential 

amendments to the DOE test procedure. 

In the June 2012 NODA, DOE presented 

results from testing to evaluate the 

repeatability of the August 2010 draft 

IEC Standard 60705 test methods for 

measuring the cooking cycle energy 

consumption. 77 FR 33106, 33108–11 

(June 5, 2012). The results, summarized 

in Table III.3, showed minimal test-totest variation for each water load size. 

As noted above, DOE believes that the 

repeatability and reproducibility of test 

results using the November 2011 draft 

IEC Standard 60705 would be relatively 

equivalent to the August 2010 draft IEC 

Standard 60705. 

TABLE III.3—JUNE 2012 NODA DRAFT REVISED IEC STANDARD 60705 COOKING CYCLE TEST RESULTS

Draft Revised IEC Standard 60705 Cooking Cycle Test 

275 g Water 

load 

350 g Water 

load 

1000 g Water 

Load 

Overall 

weighted 

Energy Consumption (Wh) ......................................... Average ................... 37.99 44.34 114.90 56.11 

Min ........................... 32.54 39.14 104.86 50.35 

Max .......................... 46.61 54.68 130.87 66.54 

Test-to-Test Variation—Standard Error (%) .............. Average ................... 1.08 1.06 0.44 0.58 

Min ........................... 0.05 0.10 0.09 0.03 

Max .......................... 2.31 2.59 0.78 1.25 

DOE also conducted testing for the 

June 2012 NODA to evaluate the testing 

methods in the August 2010 draft IEC 

Standard 60705 for measuring the 

cooling down energy consumption after 

the completion of the microwave-only 

cooking cycle. The test results showed 

minimal variation in the measured 

cooling down energy consumption from 

test to test and also between the 

different load sizes. DOE also noted that 

for all of the units in its test sample, 

which included countertop and overthe-range microwave-only and 

convection microwave ovens, none 

contained a fan that operated at the end 

of the microwave-only cooking cycle. 

DOE noted that when the door was 

closed after the load was removed at the 

end of the cooking cycle, the microwave 

ovens reverted back to the standby 

mode. 77 FR 33106, 33111–12 (June 5, 

2012). 

DOE also noted in the June 2012 

NODA that the European Committee for 

Electrotechnical Standardization 

(CENELEC) conducted a round-robin 

testing program to evaluate the 

repeatability and reproducibility of the 

August 2010 draft IEC Standard 60705. 

A total of 5 manufacturer test labs and 

5 independent test labs in Europe 

conducted testing according to the 

August 2010 draft IEC Standard 60705 

on 4 microwave oven models. For the 

measured weighted cooking cycle 

energy consumption, the results showed 

that the test-to-test variation expressed 

as standard error within each laboratory 

was on average 0.56 percent and the labto-lab variation was on average 2.30 

percent. For the measured weighted 

cooling down energy consumption, the 

results showed that the test-to-test 

variation expressed as standard error 

within each laboratory was on average 

0.24 percent and the lab-to-lab variation 

was on average 6.14 percent. CENELEC 

determined that the repeatability and 

reproducibility for both the measured 

weighted cooking cycle energy 

consumption and cooling down energy 

consumption to be acceptable. 77 FR 

33106, 33111–12 (June 5, 2012). 

DOE requested comments on the test 

methods and test results presented in 

the June 2012 NODA, and other issues 

related to measuring energy 

consumption of the microwave-only 

cooking mode. 

AHAM and Whirlpool both stated that 

the levels of repeatability and 

reproducibility of the August 2010 draft 

IEC Standard 60705 were determined to 

be acceptable by the CENELEC roundrobin test program. (AHAM, No. 18 at 

pp. 2–3; 8 Whirlpool, No. 15 at p. 1) 

AHAM and Whirlpool commented that 

if DOE proceeds with an active mode 

test procedure for microwave ovens, 

DOE should harmonize with IEC 

Standard 60705 when that revised test 

procedure is complete for the following 

reasons: 

• Microwave ovens do not represent 

a large amount of energy consumption 

as compared to other products and DOE 

should therefore not direct its limited 

resources to duplicate what another 

group has adequately done; 

• The August 2010 draft IEC Standard 

60705 is based on extensive testing and 

considered both repeatability and 

reproducibility; 

• International harmonization will 

provide clarity and consistency for 

interested parties and reduce testing 

burden; and 

• Issues related to the test procedure 

are not unique to United States; unlike 

some other products, microwave ovens 

do not vary significantly across 

countries. (AHAM, No. 18 at pp. 2–3; 

Whirlpool, No. 15 at p. 1) 

In the June 2012 NODA, DOE 

requested comment on whether 

multiple test runs using the draft 

revised IEC Standard 60705 should be 

required. ASAP and NRDC commented 

that IEC Standard 705 required that the 

test be conducted three times unless the 

power measurement variability from the 

first two tests is sufficiently small. 

ASAP and NRDC stated that although 

the draft revised IEC Standard 60705 

does not require multiple tests, DOE 

should maintain the requirement that 

multiple tests be performed to maintain 

a high degree of quality among reported 

data. (ASAP, NRDC, No. 17 at p. 2). 

Whirlpool stated that based on the 

CENELEC test results, testing each 

product twice should be sufficient if the 

two results show a small variation. 

(Whirlpool, No. 15 at p. 2) 

Whirlpool noted that the cooling fan 

used in countertop and built-in 

microwave ovens is typically rated at 

20–50 W, whereas a hood fan used for 

cooling an over-the-range microwave 

oven is typically rated at 100–200 watts 

(W). Whirlpool commented that for a 

microwave oven with a 1000 W rated 

cooking output, the total energy 

consumption is typically 1800 W. As a 

result, the cooling fan for countertop 

and built-in microwave ovens 

represents 1 to 3 percent of the total 

active mode energy consumption, 

whereas the hood cooling fan for overmstockstill on DSK4VPTVN1PROD with PROPOSALS4

7946 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

the-range microwave ovens represents 5 

to 10 percent of the total active mode 

energy consumption. (Whirlpool, No. 15 

at p. 3) 

The Republic of Korea (Korea) 

commented that water is not an optimal 

means of assessing the real-world 

energy use of microwave ovens. (Korea, 

No. 20 at p. 2) DOE recognizes Korea’s 

concerns of using water as the test load. 

However, as discussed later in this 

section, DOE is unaware of any real or 

simulation test loads that produce 

repeatable and reproducible test results. 

Whirlpool commented that water 

hardness has become an issue for other 

DOE test procedures, but it has not been 

thoroughly evaluated for microwave 

ovens. Whirlpool noted that although 

the water hardness was not measured 

during the CENELEC round-robin 

testing, which included test laboratories 

in ten geographical locations, the 

normal variation in water hardness was 

captured lab-to-lab reproducibility of 

test results. (Whirlpool, No. 15 at p. 1) 

DOE agrees with Whirlpool that 

variations in water hardness were likely 

captured in the lab-to-lab testing. Based 

on the lab-to-lab variation of 2.30 

percent from the CENELEC testing, DOE 

is not proposing amendments to the 

microwave oven test procedure to 

include requirements for the water 

hardness used for testing. DOE may 

consider such amendments if data is 

made available showing that the water 

hardness has a measurable effect on test 

results. 

Based on DOE and CENELEC testing, 

DOE agrees with AHAM and Whirlpool 

that the test methods in August 2010 

draft IEC Standard 60705, and 

equivalently the November 2011 draft 

IEC Standard 60705, produce repeatable 

and reproducible results. DOE is 

proposing in today’s NOPR to amend 

the microwave oven test procedure to 

include provisions for measuring the 

microwave-only active mode energy use 

based on the November 2011 draft IEC 

Standard 60705, with the following 

additional language to clarify the 

application of these provisions. 

DOE notes that the current microwave 

oven test procedure already includes 

definitions ‘‘built-in’’ and 

‘‘freestanding’’ to describe certain 

installation configurations. DOE is 

proposing in today’s NOPR to add a 

definition for ‘‘over-the-range’’ to 

describe the installation configuration 

for certain microwave ovens that are 

intended to be installed in the cabinetry 

above a conventional range or cooktop. 

DOE is proposing to include in the 

definition that such products are 

supported by surrounding cabinetry, 

walls, or other similar structures on the 

sides, top, and/or rear of the product. 

DOE noted in the June 2012 NODA 

that for over-the-range microwave 

ovens, all products equipped with a fan 

designed to vent air out of the 

microwave oven cooking cavity offer 

two installation configurations: (1) Such 

that the vent fan exhausts air from the 

cooking cavity to the outdoors and (2) 

such that the vent fan recirculates air 

from the cooking cavity back into the 

room (‘‘recirculation configuration’’). 

For the majority of products in DOE’s 

test sample, the default installation 

configuration for the venting fan was for 

air recirculation back into the room. 

DOE is proposing to amend section 2.1.3 

in Appendix I to require that over-therange microwave ovens be installed 

with the exhaust vent/recirculation fan 

installed in the recirculation 

configuration in accordance with 

manufacturer’s instructions. Requiring 

over-the-range microwave ovens to have 

their vent fans installed in the 

recirculation configuration will reduce 

testing burden by not requiring specific 

outdoor venting pipes or requiring the 

test room be capable of outdoor venting 

that would be necessary if the vent fan 

was required to be installed in the 

outdoor exhaust configuration. DOE also 

notes that requiring a single 

configuration for the venting fan will 

provide a consistent measurement 

method for all products. 

DOE notes that the November 2011 

draft IEC Standard 60705 specifies that 

at the beginning of each test, the oven 

shall not have been operated for a 

period of at least 6 hours. The 

November 2011 draft IEC Standard 

60705 also specifies that the 

temperatures of the magnetron and 

power supply shall be within 2 °C of the 

ambient temperature and that forced 

cooling may be used to assist in cooling 

the component temperatures to ambient 

conditions. DOE notes that sections 1.12 

and 2.6 in Appendix I currently specify 

that all areas of the appliance shall 

attain the normal nonoperating 

temperature before any testing begins. 

The normal nonoperating temperature is 

defined as the temperature that the 

appliance would attain if it remained in 

the test room for 24 hours ± 2.8 °C. DOE 

recognizes that the range in allowable 

temperature specified in the current 

DOE test procedure is slightly larger 

than the range specified in the 

November 2011 draft IEC Standard 

60705. However, DOE is unaware of any 

data indicating that allowable 

temperature range will measurably 

affect the repeatability of the test 

procedure. DOE believes that the 

provisions in the November 2011 draft 

IEC Standard 60705 and the current 

DOE test procedure in appendix I are 

effectively equivalent, requiring that the 

appliance be at the ambient room 

temperature prior to the start of testing. 

DOE also notes that methods such as 

forced air cooling to attain the normal 

nonoperating temperature would be 

allowed under appendix I. For these 

reasons, DOE is not proposing any 

amendments to the normal 

nonoperating temperature specified in 

sections 1.12 and 2.6 in appendix I. 

DOE notes that the November 2011 

draft IEC Standard 60705 specifies that 

the water test load should be placed on 

a thermally insulating pad when making 

temperature measurements. DOE is 

proposing in today’s NOPR to require 

the use of an insulating pad with a heat 

capacity of 1.30 kiloJoule (kJ)/kg-K or 

less, which is the heat capacity of 

polystyrene. DOE notes that polystyrene 

is a low-cost and readily available 

material that will effectively insulate the 

water test load while making 

temperature measurements. 

DOE is proposing to include test 

methods for measuring the energy 

consumption of the fan-only mode 

while the microwave is cooling down 

after the completion of the microwaveonly cooking cycle. As noted above, 

none of the microwave ovens in DOE’s 

test sample were equipped with a fan 

that operated at the end of the 

microwave-only cooking cycle to cool 

down the microwave oven, but instead 

reverted back to standby mode when the 

load was removed and the door was 

closed. However, DOE recognizes that 

there may be microwave ovens on the 

market or future microwave ovens that 

could potentially operate in fan-only 

mode at the end of the microwave-only 

cooking cycle. DOE is, therefore, 

proposing to include provisions for 

measuring the fan-only mode cooling 

down energy consumption only for 

microwave ovens equipped with a fan 

that operates automatically at the 

completion of the cooking cycle to cool 

down the microwave oven. As a result, 

DOE is proposing to define ‘‘fan-only 

mode’’ as a mode that is not userselectable and in which a fan circulates 

air internally or externally to the 

microwave oven for a finite period of 

time after the end of the cooking cycle. 

DOE is proposing that if the 

microwave oven is capable of operating 

in fan-only mode while the microwave 

is cooling down after the completion of 

the microwave-only cooking cycle, such 

energy consumption shall be measured 

based on the provisions in the 

November 2011 draft IEC Standard 

60705 with the following modification. 

After the completion of the 50 °C 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7947 

temperature rise cooking cycle, the test 

load would then be removed from the 

microwave oven and the door closed 

within 30 ± 2 seconds after the 

completion of the cooking cycle, at 

which point the fan-only mode energy 

consumption and duration would then 

be measured until the end of the fanonly mode. DOE recognizes that the 

duration of fan-only mode may vary 

from product to product. DOE is, 

therefore, proposing to measure energy 

use and duration of the fan-only mode 

rather than for a fixed period of 15 

minutes as specified in the November 

2011 draft IEC Standard 60705. 

DOE is not aware of the typical 

duration of fan-only mode operation 

after the completion of the microwaveonly cooking cycle because none of the 

microwave ovens in DOE’s test sample 

operated in such a mode. DOE 

recognizes that for a shorter cycle time, 

the duration of the fan-only mode may 

only be a short period of time. As a 

result, DOE is seeking comment on 

whether the requirement that the 

microwave oven door be closed within 

30 ± 2 seconds after the completion of 

the microwave-only cooking cycle is 

appropriate for all microwave ovens to 

accurately measure the fan-only mode 

energy use. 

Although the November 2011 draft 

IEC Standard 60705 does not require 

multiple repeat test runs, DOE agrees 

with the comments discussed above that 

requiring multiple test runs will 

improve the accuracy of the test results. 

Based on the provisions in IEC Standard 

705, DOE is proposing to require that 

the full microwave-only test series be 

repeated three times unless the total 

microwave-only per-cycle energy 

consumption for the second 

measurement is within 1.5 percent of 

the value obtained from the first 

measurement. 

DOE notes that the proposed 

amendments would renumber sections 

currently in Appendix I. As a result, 

DOE is also proposing to correct the 

relevant section number references 

throughout appendix I. 

2. Food Simulation Mixture Test Loads 

In the June 2012 NODA, DOE 

conducted testing on a limited sample 

of microwave ovens using the 

microwave-only cooking mode to 

evaluate mixtures that would simulate 

food loads that may be reheated in a 

microwave. The mixtures were 

composed of water and basic food 

ingredients (i.e., fats, sugars, salt, fiber, 

proteins, etc.) with a total combined 

mass of 350 g. DOE selected the 350 g 

load size (using the 900 ml borosilicate 

glass container) based on the draft 

revised IEC Standard 60705 weighting 

factors for the load size with the highest 

frequency of use. The ingredients 

composing each mixture were based on 

nutritional labels of commonly 

microwaved foods. DOE also tested 

mixtures with only one or two key 

ingredients to evaluate whether the 

repeatability could be improved by 

limiting the number of ingredients. The 

results from this testing showed a higher 

range and average test-to-test variation 

compared to the water-only load and 

compared to the results using the 

August 2010 draft IEC Standard 60705 

test method. 77 FR 33106, 33113 (June 

5, 2012). 

In the June 2012 NODA, DOE 

requested comment on the suitability of 

using actual or simulated food loads for 

testing. AHAM and Whirlpool 

commented that, based on DOE’s test 

results and the reasons outlined in their 

previous comments on the October 2011 

RFI, real and simulation food loads do 

not produce repeatable or reproducible 

results. AHAM and Whirlpool also 

added that CENELEC previously 

sponsored a study that examined 

different food loads, including real food, 

artificial food, and salt water, and 

concluded that food loads cannot meet 

their requirements of repeatability and 

reproducibility. (AHAM, No. 18 at p. 2; 

Whirlpool, No. 15 at pp. 1, 3–4) R.F. 

Schiffmann Associates, Inc. 

(Schiffmann) commented that all 

natural food materials, whether 

chemically modified or not, are derived 

from a living material, which may 

change with time of year, growing 

location, weather conditions, and 

storage conditions, and thus cannot be 

standardized. Schiffmann also stated 

that food simulants may be a viable 

alternative, but at minimum, the 

following properties must be 

maintained from sample to sample to 

ensure statistically reproducible 

materials and conditions: 

• Moisture level, pH, water activity, 

viscosity, and salinity from sample to 

sample; 

• Shape, dimensions, weight, and 

phase; 

• If the simulant is in the form of an 

emulsion or colloidal suspension, the 

particle size of the discontinuous phase 

or suspended particles; 

• Ionic strength; 

• Location within the microwave 

oven and heating time from test to test; 

and 

• The amount of time between tests; 

(Schiffman, No. 19 at p. 1–2) 

ASAP and NRDC commented that 

repeatability and reproducibility of the 

test procedure are critical, and 

achieving them may be at the expense 

of testing representative food loads. 

ASAP and NRDC stated that the active 

mode energy savings for microwave 

ovens may not justify the added test 

procedure development effort to 

determine the optimal simulated food 

load. (ASAP & NRDC, No. 17 at p. 1). 

Korea stated that if real food is used 

for testing, the results need to be 

repeatable and reproducible by 

standardizing the composition of food 

samples used. Korea stated that DOE 

would also need to ensure that the 

standardized food samples are readily 

available at a reasonable cost. (Korea, 

No. 20 at p. 2) 

Based on DOE’s test results and the 

comments from interested parties in 

response to the June 2012 NODA, DOE 

is not proposing amendments in today’s 

NOPR to require the use of real or 

simulated food loads. If data are made 

available for any real or simulated food 

loads showing repeatable and 

reproducible results, DOE may consider 

amendments to the DOE microwave 

oven test procedure at that time. 

E. Specifications for the Test Methods 

and Measurements for Convection 

Microwave Ovens 

In today’s NOPR, DOE is proposing 

test methods for measuring the active 

mode energy consumption of 

convection microwave ovens. DOE is 

proposing to measure the energy 

consumption of the microwave-only 

cooking mode for convection microwave 

ovens using the test procedures 

described above in section III.D.1. DOE 

is proposing to measure the energy 

consumption of the convection-only 

cooking mode for convection microwave 

ovens based on the DOE conventional 

ovens test procedure in 10 CFR part 430, 

subpart B, Appendix I, with added 

clarifications and changes. Finally, DOE 

is proposing to calculate the energy 

consumption of the convectionmicrowave cooking cycle by 

apportioning the microwave-only mode 

and convection-only mode energy 

consumption measurements based on 

typical consumer use. 

In the June 2012 NODA, DOE noted 

that convection microwave ovens 

typically can be operated using the 

microwave-only cooking mode, 

convection-only cooking mode, and 

convection-microwave cooking mode. 

DOE investigated whether testing 

procedures could be developed to 

evaluate the convection-microwave and 

convection-only cooking modes of 

convection microwave ovens. 77 FR 

33106, 33114 (June 5, 2012). 

In response to the June 2012 NODA, 

ASAP and NRDC commented in support 

of developing test methods for 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7948 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

9 ‘‘60th Annual Appliance Industry Forecast.’’ 

Appliance Market Research Report, Appliance 

Magazine, May 2012. 

measuring the energy consumption of 

convection microwave ovens to better 

differentiate products available on the 

market based on efficiency and design 

options. ASAP and NRDC also 

commented that all inherent 

assumptions should be justified with 

field usage data, surveys, or other data 

sources, and question the benefits of 

adopting a test procedure before such 

information has been collected. (ASAP 

& NRDC, No. 17 at pp. 1–2) AHAM and 

Whirlpool stated that because the 

convection microwave ovens 

represented 4.1 percent of total 

microwave oven shipments in 2010 and 

because the draft revised IEC Standard 

60705 does not include test procedures 

for the convection-microwave cooking 

mode, DOE should not develop a test 

procedure for convection microwave 

ovens. (AHAM, No. 18 at p. 3; 

Whirlpool No. 15 at pp. 1, 5) 

Based on the information from AHAM 

and Whirlpool that convection 

microwave ovens represent 

approximately 4.1 percent of U.S. 

microwave oven shipments and data 

from Appliance Magazine showing 

9.552 million microwave oven 

shipments in 2011,9 convection 

microwave ovens represent nearly 

400,000 annual shipments. DOE 

believes that convection microwave 

ovens therefore represent a significant 

number of shipments and warrant 

separate test methods. The estimates of 

the annual energy use of the different 

cooking modes for a typical convection 

microwave oven, presented below in 

section III.F, show that the convectiononly cooking mode and convectionmicrowave cooking mode energy 

consumption account for a significant 

portion of the total annual energy 

consumption for these products (28.2 

percent and 16.9 percent, respectively). 

DOE also notes that, for the reasons 

discussed in section III.G, the test 

methods for measuring the convectiononly and convection-microwave cooking 

energy use are not unduly burdensome 

to conduct. For these reasons, DOE is 

proposing amendments to measure the 

convection-only cooking and 

convection-microwave cooking energy 

use in convection microwave ovens. 

1. Convection-Only Cooking Mode 

DOE investigated whether a testing 

procedure could be developed to 

evaluate the convection-only cooking 

mode of a convection microwave oven. 

For the June 2012 NODA, DOE 

developed a testing method based on 

the DOE conventional cooking products 

test procedure for conventional ovens in 

10 CFR part 430, subpart B, appendix I, 

to measure the energy consumption of 

the convection cooking mode for 

convection microwave ovens. The DOE 

conventional oven test procedure 

involves setting the temperature control 

for the convection cooking cycle such 

that the temperature inside the oven is 

325 ± 5 °F higher than the room ambient 

air temperature (77 ± 9 °F). An 8.5 ± 0.1 

pound cylindrical aluminum test block 

is then heated from ambient room air 

temperature ± 4 °F until the test block 

temperature has increased 234 °F above 

its initial temperature. The measured 

energy consumption is used to calculate 

the cooking efficiency and energy factor. 

77 FR 33106, 33118 (June 5, 2012). 

In the June 2012 NODA, DOE noted 

that the cavity temperature requirement 

of 325 ± 5 °F higher than the room 

ambient air temperature would result in 

a temperature setting close to 400 °F. 

Based on DOE’s review of products 

currently available on the U.S. market, 

a number of convection microwave 

ovens do not have a 400 °F temperature 

setting, but all convection microwave 

ovens that DOE surveyed have a 375 °F 

temperature setting. As a result, DOE 

modified the test method to conduct 

this testing using a temperature control 

setting of 375 °F to heat the aluminum 

test block to 234 °F above its initial 

temperature. In addition, DOE also 

specified that the aluminum test block 

be placed on the metal cooking rack 

provided by the manufacturer. 77 FR 

33106, 33118 (June 5, 2012). The results 

from this testing, summarized in Table 

III.4, showed minimal test-to-test 

variation for the convection-only 

cooking cycle. 

TABLE III.4—JUNE 2012 NODA CONVECTION-ONLY COOKING CYCLE TEST RESULTS

Convectiononly cooking 

cycle 

Cooking Efficiency (%) ................................................................................................. Average ..................................................... 9.06 

Min ............................................................ 6.51 

Max ........................................................... 12.42 

Test-to-Test Variation—Standard Error (%) ................................................................. Average ..................................................... 1.30 

Min ............................................................ 0.68 

Max ........................................................... 2.11 

With regards to the 234 °F 

temperature rise used in the convectiononly test method, Whirlpool commented 

in response to the June 2012 NODA that 

if the intent is to accommodate 

convection microwave ovens that fall 25 

°F short of the temperature rise 

specified in the DOE conventional oven 

test procedure, an adjustment of 166 °F 

seems illogical. (Whirlpool, No. 15 at p. 

6) DOE notes that it is not considering 

adjusting any temperatures by 166 °F. 

DOE clarifies that the temperature 

control would be set using the user 

interface controls to 375 °F, and that the 

temperature rise of the test block during 

the test cycle would be 234 °F above the 

initial block temperature. 

In the June 2012 NODA, DOE 

requested comment on whether the 

cooling fan energy consumption should 

be included in the efficiency metric for 

convection microwave ovens. ASAP and 

NRDC commented that DOE should 

require the measurement of cooling fan 

energy use for both microwave-only, 

and convection microwave ovens. ASAP 

and NRDC questioned the logic of 

measuring the cooling fan energy 

consumption for a specific period of 

time (i.e., 15 minutes) instead of 

measuring the energy consumption until 

the cooking cavity drops by a certain 

temperature difference. (ASAP & NRDC, 

No. 17 at p. 2) Whirlpool commented 

that requiring the measurement of the 

fan-only mode cooling down energy 

consumption would add considerable 

test burden to measure a very small 

amount of energy in a very small 

product segment and would not 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7949 

contribute to goal of national energy 

savings. (Whirlpool, No. 15 at p. 6) 

Based on the test results and analysis 

discussed above, DOE is proposing 

amendments to the microwave oven test 

procedure in Appendix I, to include test 

methods for measuring the active mode 

energy consumption for convection-only 

cooking mode for convection microwave 

ovens based on the test methods 

described above, with the following 

additional clarifications. 

DOE notes that in the January 2013 

Final Rule for the microwave oven 

standby and off mode test procedure, 

DOE amended the microwave oven test 

procedure to provide a definition of 

convection microwave oven in 10 CFR 

430.2. The amendment defines 

convection microwave ovens as a 

microwave oven that incorporates 

convection features and any other 

means of cooking in a single 

compartment. 78 FR 4015, 4018 (Jan. 18, 

2013). DOE believes that the definition 

for convection microwave ovens is also 

suitable for today’s proposed 

amendments, and is not proposing to 

amend this definition. 

DOE is proposing to require that if the 

convection microwave oven allows for 

the turntable to be turned on or off, the 

appliance shall be tested with the 

turntable turned on. DOE notes that the 

turntable is typically turned on by 

default, and as a result, is likely the 

most common configuration used by 

consumers. DOE believes this will 

provide a consistent and comparable 

test method from product to product. 

DOE recognizes that different 

microwave ovens may have different 

fan-only mode durations. As a result, 

DOE is proposing in today’s NOPR to 

require that the energy use and duration 

of the fan-only mode be measured at the 

end of the convection-only cooking 

cycle until the completion of the fanonly mode. Based on DOE’s testing, the 

duration of the fan-only mode was 

between 0 and 7 minutes. DOE believes 

the added testing time to measure fanonly mode is minimal compared to the 

overall convection-only cooking test 

cycle length, which was, on average, 

approximately 73 minutes among the 

units in DOE’s test sample. As a result, 

the proposed requirement to measure 

the fan-only mode would add little to 

the overall testing burden. 

DOE is proposing to add new sections 

4.4.7 and 4.4.7.1 in Appendix I to 

calculate the convection microwave 

oven convection-only cooking cycle 

energy consumption using the same 

basic calculations used for convection 

ovens specified in 10 CFR part 430, 

subpart B, appendix I, sections 4.1.1 and 

4.1.1.1. DOE is proposing to add the 

calculated convection-only cooking 

cycle energy consumption and the 

measured fan-only mode energy 

consumption to calculate the total 

convection-only mode energy 

consumption. DOE is also proposing to 

apply a field use factor to the 

calculation of the convection-only mode 

energy consumption to account for the 

typical consumer use of this cooking 

mode. DOE determined the field use 

factor based on the quotient of the 

average convection-only cooking cycle 

length based on consumer use data 

presented in section III.C (18.70 

minutes) divided by the average 

measured convection-only cooking 

cycle test length for the units in DOE’s 

test sample (72.68 minutes). Based on 

this information, DOE is proposing a 

convection-only cooking field use factor 

of 0.26. 

Similar to the proposed provisions for 

the microwave-only cooking mode, DOE 

is proposing to require that the 

convection-only test be repeated three 

times unless the total convection-only 

per-cycle energy consumption for the 

second measurement is within 1.5 

percent of the value obtained from the 

first measurement. DOE notes that the 

proposed requirement for multiple 

repeat test runs would improve the 

accuracy of the test results. 

2. Convection-Microwave Cooking 

Mode 

In the June 2012 NODA, DOE 

presented test results to evaluate test 

loads and test methods for measuring 

the energy use of the convectionmicrowave cooking mode using real 

food loads. The test results for real food 

loads showed high test-to-test variation 

for all of the loads tested. DOE noted in 

the June 2012 NODA that in addition to 

the issues with test-to-test repeatability, 

the lab-to-lab reproducibility would also 

be difficult to maintain because 

different foods are produced under 

different conditions (i.e., climate, 

geography, growing conditions, 

genetics, breeding, etc.) 77 FR 33106, 

33115–16 (June 5, 2012). DOE also 

evaluated a food simulation load, the 

TX–151 solidifying powder, using the 

same basic test method as described 

above for the shortening tests. The June 

2012 NODA test results again showed 

high levels of test-to-test variation. 77 

FR 33106, 33116–8 (June 5, 2012). 

In the June 2012 NODA, DOE 

requested comment on the suitability of 

incorporating real and simulation food 

loads for measuring the energy use of 

convection microwave ovens. Whirlpool 

commented that there is no known test 

procedure or test load that is 

appropriate for convection microwave 

ovens. Whirlpool stated that food loads 

are not appropriate for the reasons they 

provided in response to the October 

2011 RFI, and that water loads are not 

appropriate for convection-only cooking 

mode because temperatures are much 

higher than the boiling temperature for 

water. Whirlpool also commented that 

IEC Standard 60350, ‘‘Household 

electrical cooking appliances—Methods 

for measuring performance,’’ is not 

applicable for a microwave oven 

because thermocouples are required to 

be used to measure the temperature of 

the stone test load during heating. 

According to Whirlpool, such 

measurements are not allowed in 

microwave ovens because the 

thermocouples will act as antennae and 

the resulting microwave leakage would 

reach unacceptable levels. In addition, 

Whirlpool stated that the microwave 

oven turntable would make temperature 

measurements during heating difficult 

or even impossible. (Whirlpool, No. 15 

at p. 4) 

Whirlpool also commented that the 

test-to-test variation for both real and 

simulated food loads presented by DOE 

in the June 2012 NODA is too high to 

allow for a repeatable and reproducible 

test procedure. Whirlpool noted that for 

real foods, the variation will likely be 

much higher when including variation 

in time of the year and geographical 

location of the food production, as well 

as lab-to-lab variations. (Whirlpool, No. 

15 at p. 4) Whirlpool also stated that it 

had previously conducted tests using 

gels as a food simulation load, but 

abandoned them due to several issues 

related to measuring accuracy and 

repeatability, and the overly 

burdensome and time-consuming 

process of preparing the test loads. 

(Whirlpool, No. 15 at p. 5) As discussed 

in section III.C, AHAM and Schiffmann 

also commented that use of actual or 

simulated food loads for cooking energy 

consumption measurements does not 

produce repeatable or reproducible 

results. (AHAM, No. 18 at p. 2; 

Schiffmann, No. 19 at pp. 1–2) 

Based on the test results in the June 

2012 NODA, DOE agrees with 

commenters that test methods using 

actual or simulated food loads do not 

produce repeatable or reproducible 

results. DOE also agrees that using 

thermocouples during a convectionmicrowave cooking cycle would not be 

appropriate due to safety concerns. As 

a result, DOE is not proposing 

amendments to require the use of real or 

simulation food loads for measuring the 

energy consumption of convection 

microwave ovens. 

In the June 2012 NODA, DOE stated 

that it may consider using the results 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7950 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

from the microwave-only cooking and 

convection-only cooking test 

measurements to calculate the 

convection-microwave cooking cycle 

energy consumption. 77 FR 33106, 

33119 (June 5, 2012). AHAM 

commented that measuring the 

microwave-only and convection-only 

cooking modes separately and 

apportioning the energy use to calculate 

the per-cycle energy use for the 

convection-microwave cooking mode 

would be too burdensome compared to 

the trivial energy savings associated 

with convection microwave ovens. 

(AHAM, No. 18 at p. 3) 

Because DOE was unable to identify 

a test load that produced repeatable and 

reproducible results for the convectionmicrowave cooking mode, DOE is 

proposing to use the results from the 

microwave-only and convection-only 

cooking cycle tests to determine the 

convection-microwave cooking cycle 

energy consumption. First, because the 

convection-microwave cooking cycle 

length is different from the microwaveonly and convection-only cooking cycle 

lengths, DOE is proposing to apply a 

field use adjustment to both the percycle microwave-only and convectiononly cooking energy consumption. The 

field use adjustment would be based on 

the ratio of the convection-microwave 

cooking cycle length to either the 

microwave-only cycle length (15.00/ 

2.54 = 5.91) or convection-only cooking 

cycle length (15.00/18.70 = 0.80) based 

on the consumer use data presented in 

section III.C. 

DOE is proposing that the per-cycle 

convection-microwave cooking mode 

energy consumption would then be 

calculated by apportioning the 

microwave-only cooking energy 

consumption and convection-only 

cooking energy consumption based on 

the amount of time typical convection 

microwave ovens use each cooking 

mode during a convection-microwave 

cooking cycle. DOE noted in the June 

2012 NODA that for the majority of 

microwave ovens in its test sample, the 

default program setting for convectionmicrowave cooking only requires the 

user to set the overall cooking time, and 

the product cycles between microwaveonly cooking and convection-only 

cooking. The nominal amount of time 

spent microwave-only cooking and 

convection only cooking for each 

individual microwave/convection cycle 

varies from model to model. However 

DOE noted that for an overall single 

cooking cycle, the microwave-only 

cooking accounted for 30 percent of the 

cooking time and convection-only 

cooking accounted for the remaining 70 

percent of the total cooking time percycle on average for all of the units DOE 

tested. 77 FR 33106, 33114 (June 5, 

2012). As a result, DOE is proposing to 

use weighting factors of 30 percent for 

microwave-only cooking and 70 percent 

for convection-only cooking to calculate 

the average per-cycle convectionmicrowave cooking energy 

consumption. 

F. Measures of Energy Consumption 

In today’s NOPR, DOE is proposing to 

adopt an integrated annual energy use 

metric that combines the active mode 

energy consumption of each possible 

cooking mode (i.e., microwave-only 

cooking, convection-only cooking, and 

convection-microwave cooking) with 

the standby and off mode energy 

consumption. 

In order to develop an integrated 

metric that combines the active mode 

energy consumption of each possible 

cooking mode with the standby and off 

mode energy consumption, DOE 

evaluated the data from the consumer 

use survey conducted by LBNL, 

presented in section III.D. In addition, 

DOE also estimated the average power 

consumption for each operating mode 

based on its testing. Based on this data, 

DOE calculated the estimated annual 

energy use for each operating mode. The 

results of this analysis are presented in 

Table III.5 and Table III.6. 

TABLE III.5—ESTIMATE OF CONSUMER USE FOR MICROWAVE-ONLY OVENS

Mode Cycle length 

(min) 

Number of 

annual cycles 

Annual hours 

(hours) 

Average power 

(W) 

Annual energy 

use (kWh) 

Microwave-Only Cooking ............................................. 2 .62 1026 44 .9 1582 .7 71 .063 

Microwave-Only Fan-Only Mode ................................. 0 0 0 0 0 

Standby/Off .................................................................. .......................... ........................ 8715 .1 2 .7 23 .531 

TABLE III.6—ESTIMATE OF CONSUMER USE FOR CONVECTION MICROWAVE OVENS

Mode Cycle length 

(min) 

Number of annual cycles Annual hours 

(hours) 

Average power 

(W) 

Annual energy 

use (kWh) 

Microwave-Only Cooking ............................................. 2 .54 842 35 .7 1582 .7 56 .502 

Convection-Only Cooking ............................................ 18 .70 101 31 .7 1299 .4 41 .191 

Convection-Microwave Cooking .................................. 15 .00 69 17 .3 1421 .3 24 .588 

Microwave-Only Fan-Only Mode ................................. 0 0 0 0 0 

Convection-Only Fan-Only Mode ................................ *1 .10 101 1 .9 39 .1 0 .074 

Convection-Microwave Fan-Only Mode ....................... *0 .88 69 1 .0 39 .1 0 .039 

Standby/Off .................................................................. .......................... ........................ 8672 .4 2 .7 23 .415 

*The consumer use estimates are based on a microwave oven that is capable of operating in fan-only mode. The average fan-only mode cycle 

length was determined based DOE’s testing of the convection-only cooking mode scaled based on the difference between the measured test 

procedure cycle length and the average consumer cycle length. 

DOE is proposing to use the estimates 

of consumer use for each operating 

mode presented in Table III.5 and Table 

III.6 to calculate the total annual energy 

consumption for both microwave-only 

ovens and convection microwave ovens. 

DOE proposes to amend the microwave 

oven test procedure to determine the 

annual energy use associated with 

microwave-only ovens by: 

(1) Calculating the product of the total 

weighted microwave-only per-cycle 

energy consumption and the number of 

annual microwave-only cooking cycles 

for microwave-only ovens; 

(2) Calculating the products of the 

average standby and off mode power 

and the allocated annual hours for each 

respective mode; 

(3) Summing these results; and 

(4) Multiplying the sum by 0.001 to 

convert from Wh to kWh. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7951 

DOE proposes to amend the 

microwave oven test procedure to 

determine the annual energy use 

associated with convection microwave 

ovens by: 

(1) Calculating the products of the 

microwave-only mode, convection-only 

mode, and convection-microwave mode 

per-cycle energy consumption and the 

allocated hours for each mode for 

convection microwave ovens; 

(2) Calculating the products of the 

average standby and off mode power 

and the allocated annual hours for each 

respective mode; 

(3) Summing these results; and 

(4) Multiplying the sum by 0.001 to 

convert from Wh to kWh. 

The total number of standby mode 

and off mode hours would be equal to 

the total number of non-active mode 

hours. This would be calculated as the 

number of total hours in a year (8760) 

minus the average cooking cycle times 

based on consumer use and the fan-only 

mode times (if a product is capable of 

fan-only mode) for each cooking mode. 

Because the convection-only cooking 

fan-only mode time measured under the 

proposed test procedure would be based 

on a longer cooking cycle, DOE is 

proposing to scale the fan-only mode 

time using the convection-only cooking 

cycle length field use factor (equal to 

0.26) discussed above in section III.E.1. 

DOE also observed that microwave 

ovens that operate in fan-only mode 

after the convection-only cooking cycle 

also operate in fan-only mode after the 

convection-microwave cooking cycle. 

Because the length of the fan-only mode 

is based on either the cavity temperature 

or a fixed duration based on the cooking 

cycle length, DOE believes that the fanonly mode time would likely be 

equivalent for a convection-only 

cooking and convection-microwave 

cooking cycle of the same length. As a 

result, DOE is proposing to use the 

convection-only cooking fan-only mode 

time, but further scaled by the 

difference between the average 

convection-microwave cooking cycle 

length and convection-only cooking 

cycle length based on the consumer use 

data (15.00 minutes/18.70 minutes). 

DOE is unaware of any microwave 

ovens currently available on the U.S. 

market that are capable of operating in 

both standby mode and off mode. As a 

result, DOE is not aware of any data 

available to determine the appropriate 

split of annual non-active mode hours 

between standby mode and off mode for 

products that are capable of operating in 

both modes. DOE is proposing in 

today’s NOPR, therefore, to split the 

total hours evenly between standby and 

off modes for those products capable of 

functioning in both modes. DOE 

believes this would provide an 

incentive to manufacturers to offer an 

energy saving feature that allows 

consumers to manually select between 

standby mode and off mode. If data is 

made available that indicates a different 

allocation of hours between standby and 

off mode, DOE may consider revising 

this allocation. 

G. Compliance With Other EPCA 

Requirements 

1. Test Burden 

EPCA requires that test procedures 

shall be reasonably designed to produce 

test results which measure energy 

efficiency, energy use, or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use. Test 

procedures must also not be unduly 

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

6293(b)(3)) 

In the June 2012 NODA, DOE 

requested comments on the test burden 

associated with testing the microwaveonly cooking mode and convection-only 

cooking mode. Whirlpool commented 

that incorporating the test methods from 

the draft revised IEC Standard 60705 for 

measuring the energy consumption of 

the microwave-only cooking mode 

would increase test burden. However, 

Whirlpool did not see any workable 

alternative. Whirlpool estimated that 

with one repetition of the testing series 

(i.e., high/low final water temperature 

tests for 3 different water load sizes) and 

3 trial runs to determine the appropriate 

heating times, a total of approximately 

15 tests would be required, not 

including any fan-only mode cooling 

down tests. Based on an average test 

time of 15 minutes, Whirlpool stated 

that approximately six tests could be 

conducted per day, and thus a complete 

testing series for one product would 

require two and a half days to complete. 

(Whirlpool, No. 15 at p. 2) Whirlpool 

and AHAM both commented that a test 

procedure for measuring the energy 

consumption of the convection-only and 

convection-microwave cooking modes 

would add significant test burden 

compared to the small energy savings 

that would result from addressing 

convection microwave ovens. (AHAM, 

No. 18 at p. 3; Whirlpool, No. 15 at p. 

6) 

The proposed amendments in today’s 

NOPR would add test procedures for 

measuring the active mode energy use of 

the microwave-only cooking mode 

based on the provisions in the 

November 2011 draft IEC Standard 

60705. DOE notes that the cost of test 

equipment would be similar to the cost 

of equipment under the previous DOE 

microwave oven test procedure, but 

with two additional sized test 

containers (600 ml and 900 ml). DOE 

estimates that the one-time investment 

for test equipment (i.e., 600 ml, 900 ml, 

2000 ml test containers; power meter; 

thermocouples) is approximately 

$3,000, which is $300 more than the 

one-time investment for testing under 

the previous DOE microwave oven test 

procedure. Manufacturers that already 

have the test equipment required for the 

previous DOE test method would only 

require a one-time investment of $300 

for the two additional sized test 

containers. DOE estimates that the labor 

for testing a single model would cost 

between $3,000 and $4,200, depending 

on the number of repeat tests required, 

which is approximately $2,600 to 

$3,600 more than the labor for testing 

using the previous DOE microwave 

oven test procedure, 

The proposed convection-only test 

method would require the same 

equipment that is required for the DOE 

conventional ovens test procedure in 10 

CFR part 430, subpart B, appendix I. 

DOE estimates that, in addition to the 

equipment required for proposed 

microwave-only testing, the one-time 

investment for test equipment for 

convection-only testing (i.e., test block) 

would add $400. DOE estimates that the 

labor for convection-only testing would 

cost between $600 and $850 per model, 

depending on the number of repeat tests 

required. 

DOE does not believe these costs 

represent an excessive burden for test 

labs or manufacturers given the 

significant investment necessary to 

manufacture, test, and market consumer 

appliances. For these reasons, DOE 

tentatively concludes that the proposed 

amended test procedures would 

produce test results that measure the 

energy consumption of microwave 

ovens during representative use, and 

that the test procedures would not be 

unduly burdensome to conduct. 

2. Certification Requirements 

EPCA authorizes DOE to enforce 

compliance with the energy and water 

conservation standards established for 

certain consumer products. On March 7, 

2011, the Department revised, 

consolidated, and streamlined its 

existing certification, compliance, and 

enforcement regulations for certain 

consumer products and commercial and 

industrial equipment covered under 

EPCA, including microwave ovens. 76 

FR 12422. These regulations are 

codified in 10 CFR 429.23 (conventional 

cooking tops, conventional ovens, 

microwave ovens). 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7952 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

The certification requirements for 

microwave ovens consist of a sampling 

plan for selection of units for testing and 

requirements for certification reports. 

Because there are no existing energy 

conservation standards for microwave 

ovens, DOE is not proposing any 

amendments to the certification 

reporting requirements for these 

products. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that test procedure 

rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

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

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of a regulatory flexibility analysis (RFA) 

for any rule that by law must be 

proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE’s 

procedures and policies may be viewed 

on the Office of the General Counsel’s 

Web site (http://energy.gov/gc/officegeneral-counsel). DOE reviewed today’s 

NOPR under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. 

In conducting this review, DOE first 

determined the potential number of 

affected small entities. The Small 

Business Administration (SBA) 

considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than the threshold 

number of workers specified in 13 CFR 

part 121 according to the North 

American Industry Classification 

System (NAICS) codes. The SBA’s Table 

of Size Standards is available at: http:// 

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

Size_Standards_Table.pdf. The 

threshold number for NAICS 

classification 335221, Household 

Cooking Appliance Manufacturers, 

which includes microwave oven 

manufacturers, is 750 employees. DOE 

surveyed the AHAM member directory 

to identify manufacturers of microwave 

ovens. In addition, as part of the 

appliance standards rulemaking, DOE 

asked interested parties and AHAM 

representatives within the microwave 

oven industry if they were aware of any 

small business manufacturers. DOE 

consulted publicly available data, 

purchased company reports from 

sources such as Dun & Bradstreet, and 

contacted manufacturers, where needed, 

to determine if they meet the SBA’s 

definition of a small business 

manufacturing facility and have their 

manufacturing facilities located within 

the United States. Based on this 

analysis, DOE estimates that there is one 

small business which manufactures a 

product which combines a microwave 

oven with other appliance functionality. 

However, DOE is not proposing at this 

time to amend the test procedures for 

microwave ovens to include provisions 

for measuring the energy use for the 

microwave portion of such combined 

products. As a result, DOE tentatively 

concludes and certifies that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE will transmit the 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the SBA for review under 

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

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of microwave ovens 

must certify to DOE that their products 

comply with any applicable energy 

conservation standards. In certifying 

compliance, manufacturers must test 

their products according to the DOE test 

procedures for microwave ovens, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment, 

including microwave ovens. (76 FR 

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

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 20 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this proposed rule, DOE is adopting 

test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for microwave ovens. DOE 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

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

implementing regulations at 10 CFR part 

1021. Specifically, this proposed rule 

would amend the existing test 

procedures without affecting the 

amount, quality or distribution of 

energy usage, and, therefore, would not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A5 under 10 CFR 

part 1021, subpart D, which applies to 

any rulemaking that interprets or 

amends an existing rule without 

changing the environmental effect of 

that rule. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7953 

such regulations. 65 FR 13735. DOE has 

examined this proposed rule and has 

determined that it would not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of 

today’s proposed 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, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) 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 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

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

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820; also available at 

http://energy.gov/gc/office-generalcounsel. DOE examined today’s 

proposed rule according to UMRA and 

its statement of policy and determined 

that the rule contains neither an 

intergovernmental mandate, nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would 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 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

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

today’s proposed 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 

proposed 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 proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s regulatory action to amend 

the test procedure for measuring the 

energy efficiency of microwave ovens 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 DOE 

Organization Act (Pub. L. 95–91; 42 

U.S.C. 7101), DOE must comply with 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7954 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

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 proposed rule does 

not incorporate by reference testing 

methods from commercial standards, so 

these requirements do not apply. 

V. Public Participation 

A. Attendance at Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this document. If you plan to attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945 or 

Brenda.Edwards@ee.doe.gov. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. 

In addition, you can attend the public 

meeting via webinar. Webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants will be published on DOE’s 

Web site (http://www1.eere.energy.gov/ 

buildings/appliance_standards/ 

rulemaking.aspx/ruleid/36). 

Participants are responsible for ensuring 

their systems are compatible with the 

webinar software. 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

Any person who has plans to present 

a prepared general statement may 

request that copies of his or her 

statement be made available at the 

public meeting. Such persons may 

submit requests, along with an advance 

electronic copy of their statement in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format, to the appropriate address 

shown in the ADDRESSES section at the 

beginning of this notice. The request 

and advance copy of statements must be 

received at least one week before the 

public meeting and may be emailed, 

hand-delivered, or sent by mail. DOE 

prefers to receive requests and advance 

copies via email. Please include a 

telephone number to enable DOE staff to 

make a follow-up contact, if needed. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

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

be present to record the proceedings and 

prepare a transcript. DOE reserves the 

right to schedule the order of 

presentations and to establish the 

procedures governing the conduct of the 

public meeting. After the public 

meeting, interested parties may submit 

further comments on the proceedings as 

well as on any aspect of the rulemaking 

until the end of the comment period. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a general statement 

(within time limits determined by DOE), 

before the discussion of specific topics. 

DOE will permit, as time allows, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

public meeting. 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice. 

In addition, any person may buy a copy 

of the transcript from the transcribing 

reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this notice. 

Submitting comments via 

regulations.gov. The regulations.gov 

web page will require you to provide 

your name and contact information. 

Your contact information will not be 

publicly viewable except for your first 

and last names, organization name (if 

any), and submitter representative name 

(if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section below. 

DOE processes submissions made 

through regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

comment tracking number that 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. If you do not want your 

personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7955 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will be 

accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and are free 

of any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery two well-marked copies: 

one copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

E. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties on the following issues: 

1. Microwave-Only Oven Test Method 

DOE seeks comment on the proposal 

to measure the active mode energy use 

of the microwave-only cooking mode for 

microwave-only ovens based on the 

provisions in the November 2011 draft 

IEC Standard 60705. DOE also seeks 

comment on the requirement to repeat 

the full microwave-only test series three 

times unless the total microwave-only 

per-cycle energy consumption for the 

second measurement is within 1.5 

percent of the value obtained from the 

first measurement. (See section III.D) 

2. Convection Microwave Oven Test 

Method 

DOE seeks comment on the proposal 

to measure the active mode energy use 

of the microwave-only cooking mode for 

convection microwave ovens based on 

the provisions in the November 2011 

draft IEC Standard 60705. DOE seeks 

comment on the proposal to measure 

the active mode energy use of the 

convection-only cooking mode for 

convection microwave ovens based on 

the provisions in the DOE conventional 

oven test procedure in 10 CFR part 430, 

subpart B, appendix I, with additional 

modifications specific for microwave 

ovens. DOE also seeks comment on the 

requirement to repeat the convectiononly test three times unless the total 

convection-only per-cycle energy 

consumption for the second 

measurement is within 1.5 percent of 

the value obtained from the first 

measurement. Finally DOE seeks 

comment on the proposed method for 

calculating the energy use of the 

convection-microwave cooking mode 

based on the test results from the 

microwave-only and convection-only 

tests. (See section III.E) 

3. Fan-Only Mode Test Method 

DOE seeks comment on the proposal 

to require that the microwave-only fanonly mode and convection-only fanonly mode be measured for only those 

products that are capable of operating in 

fan-only mode. DOE welcomes 

comment on the proposed requirement 

to measure the fan-only mode until the 

end of the fan-only mode, rather than 

for a fixed period of time. DOE also 

welcomes comment on whether the 

proposed requirement to close the 

microwave oven door within 30 ± 2 after 

the completion of the microwave-only 

cooking cycle is appropriate to 

accurately measure the microwave-only 

fan-only mode energy use. (See sections 

III.D and III.E) 

4. Integrated Annual Energy Use Metric 

DOE seeks comment on the proposal 

to establish an integrated annual energy 

use metric. DOE specifically seeks 

comment and additional data on the 

consumer usage habits for each 

operating mode for both microwaveonly ovens and convection microwave 

ovens to supplement the data from the 

LBNL consumer use survey. (See section 

III.F) 

5. Test Burden 

DOE welcomes comment on the 

testing burden associated with the 

proposed amendments, in particular for 

the microwave-only and convectiononly test methods. When providing 

comments, please quantify and describe 

the associated testing burdens (in terms 

of cost and time). (See section III.G) 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on January 18, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

part 430 of title 10 of the Code of 

Federal Regulations, as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.23 is amended: 

■ a. By revising paragraph (i)(1); 

■ b. By redesignating paragraphs (i)(12) 

and (i)(13) as (i)(13) and (i)(14), and 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7956 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

revising newly redesignated paragraph 

(i)(13); and 

■ c. By adding paragraph (i)(12). 

The revisions read as follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(i) Kitchen ranges and ovens. (1) The 

estimated annual operating cost for 

conventional ranges, conventional 

cooking tops, conventional ovens, and 

microwave ovens shall be the sum of the 

following products: (i) The total annual 

electrical energy consumption for any 

electrical energy usage, in kilowatthours (kWh) per year, times the 

representative average unit cost for 

electricity, in dollars per kWh, as 

provided pursuant to section 323(b)(2) 

of the Act; plus (ii) the total annual gas 

energy consumption for any natural gas 

usage, in British thermal units (Btu) per 

year, times the representative average 

unit cost for natural gas, in dollars per 

Btu, as provided pursuant to section 

323(b)(2) of the Act; plus (iii) the total 

annual gas energy consumption for any 

propane usage, in Btu per year, times 

the representative average unit cost for 

propane, in dollars per Btu, as provided 

pursuant to section 323(b)(2) of the Act. 

The total annual energy consumption 

for conventional ranges, conventional 

cooking tops, conventional ovens, and 

microwave ovens shall be as determined 

according to 4.3, 4.2.2, 4.1.2, and 4.4.10 

respectively, of appendix I to this 

subpart. The estimated annual operating 

cost shall be rounded off to the nearest 

dollar per year. 

* * * * * 

(12) The annual energy use for 

microwave ovens, expressed in 

kilowatt-hours per year, as determined 

in accordance with 4.4.10 of appendix 

I to this subpart. 

(13) Other useful measures of energy 

consumption for conventional ranges, 

conventional cooking tops, conventional 

ovens, and microwave ovens shall be 

those measures of energy consumption 

which the Secretary determines are 

likely to assist consumers in making 

purchasing decisions and which are 

derived from the application of 

appendix I to this subpart. 

* * * * * 

■ 3. Appendix I to Subpart B of Part 430 

is amended: 

■ a. In section 1. Definitions: 

■ 1. By revising section 1.6; 

■ 2. By redesignating sections 1.14 

through 1.19 as sections 1.15 through 

1.20; and 

■ 3. By adding section 1.14; 

■ b. In section 2. Test Conditions, by 

revising sections 2.1.3, 2.5.1, 2.7, 2.7.1, 

2.9.1.1, 2.9.3.1, 2.9.3.2, and 2.9.5 and 

adding sections 2.8, 2.8.1, 2.8.2, 2.8.3, 

2.9.3.5, 2.9.6, and 2.9.7; 

■ c. In section 3. Test Methods and 

Measurements: 

■ 1. By redesignating section 3.1.4.1 as 

3.1.4.8 and revising newly designated 

section 3.1.4.8; 

■ 2. By adding sections 3.1.4.1 through 

3.1.4.7; 

■ 3. By redesignating section 3.2.4 as 

3.2.4.8 and revising newly designated 

section 3.2.4.8; 

■ 4. By adding sections 3.2.4, 3.2.4.1 

through 3.2.4.7, and 3.2.4.7.1; 

■ 5. By redesignating section 3.3.11 as 

3.3.18 and revising newly designated 

section 3.3.20; and 

■ 6. By adding sections 3.3.11 through 

3.3.17 and 3.3.17.1; 

■ d. In section 4. Calculation of Derived 

Results From Test Measurements, by 

adding sections 4.4, 4.4.1, 4.4.2, 4.4.3, 

4.4.4, 4.4.5, 4.4.6, 4.4.7, 4.4.7.1, 4.4.8, 

4.4.9, 4.4.10, 4.4.10.1, and 4.4.10.2. 

The revisions read as follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Conventional 

Ranges, Conventional Cooking Tops, 

Conventional Ovens, and Microwave 

Ovens 

* * * * * 

1. Definitions 

* * * * * 

1.6 Fan-only mode means an active mode 

that is not user-selectable and in which a fan 

circulates air internally or externally to the 

cooking product for a finite period of time 

after the end of the heating function, where 

the end of the heating function is indicated 

to the consumer by means of a display, 

indicator light, or audible signal. For 

microwave ovens, fan-only mode means a 

mode that is not user-selectable and in which 

a fan circulates air internally or externally to 

the microwave oven for a finite period of 

time after the end of the cooking cycle. 

* * * * * 

1.14 Over-the-range means the product is 

intended to be installed in the cabinetry 

above a conventional cooking product. The 

product is supported by surrounding 

cabinetry, walls, or other similar structures 

on the sides, top, and/or rear of the product. 

* * * * * 

2. Test Conditions 

* * * * * 

2.1.3 Microwave ovens. Install the 

microwave oven in accordance with the 

manufacturer’s instructions and connect to 

an electrical supply circuit with voltage as 

specified in section 2.2.1 of this appendix. 

Built-in and over-the-range microwave ovens 

shall be installed in an enclosure in 

accordance with the manufacturer’s 

instructions. For over-the-range microwave 

ovens, install the appliance with the exhaust 

vent/recirculation fan installed in the 

configuration to vent the air indoors in 

accordance with manufacturer’s instructions. 

For standby mode and off mode testing, 

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. 

A watt meter must be installed in the circuit 

and shall be as described in section 2.9.1.3 

of this appendix. 

* * * * * 

2.5 Ambient room air temperature. 

2.5.1 Active mode ambient room air 

temperature. During the active mode test, 

maintain an ambient room air temperature, 

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

ovens, cooking tops, and for microwave oven 

convection-only cooking tests, or 73.4° ± 3.6 

°F (23° ± 2 °C) for microwave oven 

microwave-only cooking tests, as measured at 

least 5 feet (1.5 m) and not more than 8 feet 

(2.4 m) from the nearest surface of the unit 

under test and approximately 3 feet (0.9 m) 

above the floor. The temperature shall be 

measured with a thermometer or temperature 

indicating system with an accuracy as 

specified in section 2.9.3.1. 

* * * * * 

2.7 Test blocks for conventional oven, 

conventional cooking top, and convection 

microwave ovens. The test blocks shall be 

made of aluminum alloy No. 6061, with a 

specific heat of 0.23 Btu/lb-°F (0.96 kJ/[kg- 

°C]) and with any temper that will give a 

coefficient of thermal conductivity of 1073.3 

to 1189.1 Btu-in/h-ft2-°F (154.8 to 171.5 W/ 

[m-°C]). Each block shall have a hole at its 

top. The hole shall be 0.08 inch (2.03 mm) 

in diameter and 0.80 inch (20.3 mm) deep. 

Other means may be provided which will 

ensure that the thermocouple junction is 

installed at this same position and depth. 

The bottom of each block shall be flat to 

within 0.002 inch (0.051 mm) TIR (total 

indicator reading). Determine the actual 

weight of each test block with a scale with 

an accuracy as indicated in Section 2.9.5. 

2.7.1 Conventional oven and convection 

microwave oven test block. The test block for 

the conventional oven and convection 

microwave oven, W1, shall be 6.25 ± 0.05 

inches (158.8 ± 1.3 mm) in diameter, 

approximately 2.8 inches (71 mm) high and 

shall weigh 8.5 ± 0.1 lbs (3.86 ± 0.05 kg). The 

block shall be finished with an anodic black 

coating which has a minimum thickness of 

0.001 inch (0.025 mm) or with a finish 

having the equivalent heat absorptivity. 

* * * * * 

2.8 Microwave-only test load. 

2.8.1 9.7 ounce (275 g) water containers. 

The 9.7 ounce (275 g) cylindrical glass test 

containers shall be made of borosilicate glass 

with an external height of 4.92 ± .04 inches 

(125 ± 1 mm), an external diameter of 3.54 

± .04 inches (90 ± 1 mm), a capacity of 36.6 

cubic inches (600 ml), and a maximum 

weight of 7.1 ounces (200 g). 

2.8.2 12.3 ounce (350 g) water containers. 

The 12.3 ounce (350 g) cylindrical glass test 

containers shall be made of borosilicate glass 

with an external height of 2.99 ± .04 inches 

(76 ± 1 mm), an external diameter of 5.51 ± 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7957 

.04 inches (140 ± 1 mm), a capacity of 54.9 

cubic inches (900 ml), and a maximum 

weight of 8.8 ounces (250 g). 

2.8.3 35.3 ounce (1000 g) water 

containers. The 35.3 ounce (1000 g) 

cylindrical glass test containers shall be 

made of borosilicate glass with an external 

height of 3.54 ± .04 inches (90 ± 1 mm), an 

external diameter of 7.48 ± .04 inches (190 

± 1 mm), a capacity of 122.0 cubic inches 

(2000 ml), and a maximum weight of 15.9 

ounces (450 g). 

* * * * * 

2.9.1.1 Watt-hour meter. The watt-hour 

meter for measuring the electrical energy 

consumption of conventional ovens and 

cooking tops shall have a resolution of 1 

watt-hour (3.6 kJ) or less and a maximum 

error no greater than 1.5 percent of the 

measured value for any demand greater than 

100 watts. The watt-hour meter for measuring 

the active mode energy consumption of 

microwave ovens shall have a maximum 

error of no greater than 1 percent of the 

measured value. 

* * * * * 

2.9.3 Temperature measurement 

equipment. 

2.9.3.1 Room temperature indicating 

system. The room temperature indicating 

system shall be as specified in Section 2.9.3.4 

for ranges, ovens and cooktops. The room 

temperature indicating system for microwave 

ovens shall have a minimum resolution of 

0.18 °F (0.1 °C) and a maximum error no 

greater than 0.18 °F (0.1 °C). 

2.9.3.2 Temperature indicator system for 

measuring conventional oven and convection 

microwave oven temperature. The equipment 

for measuring the conventional oven and 

convection microwave oven temperature 

shall have an error no greater than ±4 °F (±2.2 

°C) over the range of 65° to 500 °F (18 °C to 

260 °C). 

* * * * * 

2.9.3.5 Water test load temperatures. The 

temperature measuring instrument used to 

measure the water test load temperature shall 

have a minimum resolution of 0.18 °F (0.1 

°C) and a maximum error no greater 2.7 °F 

(1.5 °C). Any stirring device to which a 

temperature measuring instrument is 

attached shall have a heat capacity of 0.287 

Btu/lb-°F (1.20 kJ/kg-K) or less. 

* * * * * 

2.9.5 Scale. The scale used for weighing 

the test blocks shall have a maximum error 

no greater than 1 ounce (28.4 g). The scale 

used for weighing the microwave-only water 

test load shall have a minimum resolution of 

.02 ounces (0.5 g) and a maximum error no 

greater than .04 ounces (1 g). 

2.9.6 Time measurement. The time 

measurement instrument used for measuring 

the microwave oven test cycle length shall 

have a minimum resolution of 1 second and 

a maximum error no greater than 1 second. 

2.9.7 Insulation pad for water test load 

temperature measurements. All water test 

loads shall be placed on an insulation pad 

when making temperature measurements. 

The insulation pad shall have a thickness of 

at least 0.5 inches and cover the entire base 

of the test container with a heat capacity of 

0.310 Btu/lb-°F (1.30 kJ/kg-K) or less. 

3. Test Methods and Measurements 

3.1. Test methods. 

* * * * * 

3.1.4 Microwave oven. 

3.1.4.1 Microwave-only cooking cycle 9.7 

ounce (275 g) water load test method. 

Establish the testing conditions set forth in 

Section 2, ‘‘TEST CONDITIONS,’’ of this 

Appendix. Before beginning the test, the 

empty glass test container and microwave 

oven must be at their normal nonoperating 

temperatures as defined in section 1.12 and 

described in section 2.6. Pour 9.7 ± .04 

ounces (275 ± 1 g) of water in to the 9.7 

ounce (275 g) test container specified in 

section 2.8.1 and stir the water using a 

temperature measuring instrument specified 

in section 2.9.3.5 until the average 

temperature of the test container and water 

is balanced. The initial water temperature 

must be 50 ± 0.9 °F (10 ± 0.5 °C). Place the 

test load at the center of the turntable. If the 

appliance is not fitted with a turntable, place 

the test load on the reciprocating tray or on 

the lowest possible shelf position. Set the 

power control for the microwave-only 

cooking mode to the highest possible 

position. If the appliance is equipped with a 

boost function, activate the boost function. 

Start measurements after switching on the 

appliance in the microwave-only cooking 

mode; measurements must begin within 30 

seconds after the preparation of the water 

load. The microwave oven must be operated 

to heat the test load to achieve a final 

temperature of 140–149 °F (60–65 °C), at 

which point the microwave oven must be 

switched off. Remove the test load from the 

microwave oven, and position the test load 

on the insulation pad specified in section 

2.9.7. Stir the water with the temperature 

measuring instrument specified in section 

2.9.3.5, and measure the final temperature 

within 20 seconds after the microwave-only 

heating cycle is finished. Allow the 

microwave oven to reach its normal 

nonoperating temperature, and repeat the 

procedure to heat the water test load to a 

final temperature of 131–140 °F (55–60 °C). 

The minimum difference between the final 

temperatures from the two tests must be 3.6 

°F (2 °C). In between tests, forced air cooling 

may be used to assist in reducing the 

temperature of the appliance. Repeat the test 

series three times unless the total microwaveonly per-cycle energy consumption, as 

calculated in section 4.4.6, from the second 

measurement is within 1.5 percent of the 

value obtained from the first measurement. 

3.1.4.2 Microwave-only cooking cycle 9.7 

ounce (275 g) water load fan-only mode test 

method. If the microwave oven is capable of 

operation in fan-only mode, measure the fanonly mode energy consumption for the 9.7 

ounce (275 g) water load as follows. Calculate 

the time required to heat 9.7 ounces (275 g) 

of water by 90 °F (50 °C), t275, using the 

equations specified in section 4.4.1. Follow 

the procedures in section 3.1.4.1, except the 

microwave oven must be operated to heat the 

test load for the calculated heating time, t275, 

at which point the microwave oven must be 

switched off. Remove the test load from the 

microwave oven, and close the microwave 

oven door within 30 ± 2 seconds after the 

microwave-only heating cycle is finished. 

Measure the fan-only mode energy 

consumption until the end of the fan-only 

mode. Repeat the test series three times 

unless the total microwave-only per-cycle 

energy consumption, as calculated in section 

4.4.6, from the second measurement is within 

1.5 percent of the value obtained from the 

first measurement. 

3.1.4.3 Microwave-only cooking cycle 

12.3 ounce (350 g) water load test method. 

Establish the testing conditions set forth in 

Section 2, ‘‘TEST CONDITIONS,’’ of this 

Appendix. Before beginning the test, the 

empty glass test container and microwave 

oven must be at their normal nonoperating 

temperatures as defined in section 1.12 and 

described in section 2.6. Pour 12.3 ± .04 

ounces (350 ± 1 g) of water in to the 12.3 

ounce (350 g) test container specified in 

section 2.8.2, and stir the water using a 

temperature measuring instrument specified 

in section 2.9.3.5 until the average 

temperature of the test container and water 

is balanced. The initial water temperature 

must be 50 ± 0.9 °F (10 ± 0.5 °C). Place the 

test load at the center of the turntable. If the 

appliance is not fitted with a turntable, place 

the test load on the reciprocating tray or on 

the lowest possible shelf position. Set the 

power control for the microwave-only 

cooking mode to the highest possible 

position. If the appliance is equipped with a 

boost function, activate the boost function. 

Start measurements after switching on the 

appliance in the microwave-only cooking 

mode; measurements must begin within 30 

seconds after the preparation of the water 

load. The microwave oven must be operated 

to heat the test load to achieve a final 

temperature of 140–149 °F (60–65 °C), at 

which point the microwave oven must be 

switched off. Remove the test load from the 

microwave oven, and position the test load 

on the insulation pad specified in section 

2.9.7. Stir the water with the temperature 

measuring instrument specified in section 

2.9.3.5, and measure the final temperature 

within 20 seconds after the microwave-only 

heating cycle is finished. Allow the 

microwave oven to reach its normal 

nonoperating temperature, and repeat the 

procedure to heat the water test load to a 

final temperature of 131–140 °F (55–60 °C). 

The minimum difference between the final 

temperatures from the two tests must be 3.6 

°F (2 °C). In between tests, forced air cooling 

may be used to assist in reducing the 

temperature of the appliance. Repeat the test 

series three times unless the total microwaveonly per-cycle energy consumption, as 

calculated in section 4.4.6, from the second 

measurement is within 1.5 percent of the 

value obtained from the first measurement. 

3.1.4.4 Microwave-only cooking cycle 

12.3 ounce (350 g) water load fan-only mode 

test method. If the microwave oven is capable 

of operation in fan-only mode, measure the 

fan-only mode energy consumption for the 

12.3 ounce (350 g) water load as follows. 

Calculate the time required to heat 12.3 

ounces (350 g) of water by 90 °F (50 °C), t350, 

using the equations specified in section 4.4.2. 

Follow the procedures in section 3.1.4.3, 

except the microwave oven must be operated 

to heat the test load for the calculated heating 

time, t350, at which point the microwave oven 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7958 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

must be switched off. Remove the test load 

from the microwave oven, and close the 

microwave oven door within 30 ± 2 seconds 

after the microwave-only heating cycle is 

finished. Measure the fan-only mode energy 

consumption until the end of the fan-only 

mode. Repeat the test series three times 

unless the total microwave-only per-cycle 

energy consumption, as calculated in section 

4.4.6, from the second measurement is within 

1.5 percent of the value obtained from the 

first measurement. 

3.1.4.5 Microwave-only cooking cycle 

35.3 ounce (1000 g) water load test method. 

Establish the testing conditions set forth in 

Section 2, ‘‘TEST CONDITIONS,’’ of this 

Appendix. Before beginning the test, the 

empty glass test container and microwave 

oven must be at their normal nonoperating 

temperatures as defined in section 1.12 and 

described in section 2.6. Pour 35.3 ± .04 

ounces (1000 ± 1 g) of water in to the 35.3 

ounce (1000 g) test container specified in 

section 2.8.3 and stir the water using a 

temperature measuring instrument specified 

in section 2.9.3.5 until the average 

temperature of the test container and water 

is balanced. The initial water temperature 

must be 50 ± 0.9 °F (10 ± 0.5 °C). Place the 

test load at the center of the turntable. If the 

appliance is not fitted with a turntable, place 

the test load on the reciprocating tray or on 

the lowest possible shelf position. Set the 

power control for the microwave-only 

cooking mode to the highest possible 

position. If the appliance is equipped with a 

boost function, activate the boost function. 

Start measurements after switching on the 

appliance in the microwave-only cooking 

mode; measurements must begin within 30 

seconds after the preparation of the water 

load. The microwave oven must be operated 

to heat the test load to achieve a final 

temperature of 140–149 °F (60–65 °C), at 

which point the microwave oven must be 

switched off. Remove the test load from the 

microwave oven, and position the test load 

on the insulation pad specified in section 

2.9.7. Stir the water with the temperature 

measuring instrument specified in section 

2.9.3.5, and measure the final temperature is 

within 20 seconds after the microwave-only 

heating cycle is finished. Allow the 

microwave oven to reach its normal 

nonoperating temperature, and repeat the 

procedure to heat the water test load to a 

final temperature of 131–140 °F (55–60 °C). 

The minimum difference between the final 

temperatures from the two tests must be 3.6 

°F (2 °C). In between tests, forced air cooling 

may be used to assist in reducing the 

temperature of the appliance. Repeat the test 

series three times unless the total microwaveonly per-cycle energy consumption, as 

calculated in section 4.4.6, from the second 

measurement is within 1.5 percent of the 

value obtained from the first measurement. 

3.1.4.6 Microwave-only cooking cycle 

35.3 ounce (1000 g) water load fan-only mode 

test method. If the microwave oven is capable 

of operation in fan-only mode, measure the 

fan-only mode energy consumption for the 

35.3 ounce (1000 g) water load as follows. 

Calculate the time required to heat 35.3 

ounces (1000 g) of water by 90 °F (50 °C), 

t1000, using the equations specified in section 

4.4.3. Follow the procedures in section 

3.1.4.5, except the microwave oven must be 

operated to heat the test load for the 

calculated heating time, t1000, at which point 

the microwave oven must be switched off. 

Remove the test load from the microwave 

oven, and close the microwave oven door 

within 30 ± 2 seconds after the microwaveonly heating cycle is finished. Measure the 

fan-only mode energy consumption until the 

end of the fan-only mode. Repeat the test 

series three times unless the total microwaveonly per-cycle energy consumption, as 

calculated in section 4.4.6, from the second 

measurement is within 1.5 percent of the 

value obtained from the first measurement. 

3.1.4.7 Convection microwave oven 

convection-only test method. Establish the 

testing conditions set forth in section 2, 

‘‘TEST CONDITIONS,’’ of this appendix. 

Before beginning the test, the convection 

microwave oven must be at its normal 

nonoperating temperature as defined in 

section 1.12 and described in section 2.6. Set 

the convection microwave oven test block 

MCVblock approximately in the center of the 

usable baking space on the grilling rack 

provided by the manufacturer. Program the 

convection microwave oven for normal 

baking in accordance with manufacturer’s 

instructions, and set the convection 

temperature setting to 375 °F. If a convection 

microwave oven permits baking by either 

forced convection by using a fan, or without 

forced convection, test the oven in each of 

those two modes. The oven must remain on 

for one complete thermostat ‘‘cut-off/cut-on’’ 

action of the electrical resistance heaters after 

the test block temperature has increased 234 

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

the convection microwave oven allows for 

the turntable to be turned on/off, test the 

appliance with the turntable turned on. Once 

the cooking cycle is complete and turned off, 

measure the fan-only mode energy 

consumption with the door closed until the 

end of the fan-only mode. Repeat the test 

series three times unless the total convectiononly per-cycle energy consumption, as 

calculated in section 4.4.8, from the second 

measurement is within 1.5 percent of the 

value obtained from the first measurement. 

3.1.4.8 Microwave oven test standby 

mode and off mode power. Establish the 

testing conditions set forth in section 2, Test 

Conditions, of this appendix. For microwave 

ovens that drop from a higher power state to 

a lower power state as discussed in Section 

5, Paragraph 5.1, Note 1 of IEC 62301 

(Second Edition) (incorporated by reference; 

see § 430.3), allow sufficient time for the 

microwave oven to reach the lower power 

state before proceeding with the test 

measurement. Follow the test procedure as 

specified in Section 5, Paragraph 5.3.2 of IEC 

62301 (Second Edition). For units in which 

power varies as a function of displayed time 

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

and use the average power approach 

described in Section 5, Paragraph 5.3.2(a) of 

IEC 62301 (First Edition), but with a single 

test period of 10 minutes ± 2 sec after an 

additional stabilization period until the clock 

time reaches 3:33. If a microwave oven is 

capable of operation in either standby mode 

or off mode, as defined in sections 1.18 and 

1.13 of this appendix, respectively, or both, 

test the microwave oven in each mode in 

which it can operate. 

* * * * * 

3.2.4 Microwave oven test energy 

consumption. 

3.2.4.1 Microwave-only cooking cycle 9.7 

ounce (275 g) water load test measurements. 

Measure the energy consumption for the 

microwave-only cooking cycle test with a 

final water temperature of 140–149 °F (60–65 

°C), E275,h, and the cooking cycle test with a 

final water temperature of 131–140 °F (55–60 

°C), E275,l, in watt-hours for the test specified 

in section 3.1.4.1. In addition, measure the 

initial water temperature, T275,h1 and T275,l1, 

in °F (°C), the final water temperature, T275,h2

and T275,l2, in °F (°C), and the total heating 

time, t275,h and t275,l in seconds, for each test. 

3.2.4.2 Microwave-only cooking cycle 9.7 

ounce (275 g) water load fan-only mode test 

measurements. If the microwave oven is 

capable of operation in fan-only mode, 

measure the microwave-only fan-only mode 

energy consumption, EF275, in watt-hours, 

and fan-only mode duration, tF275, in 

seconds, as specified in section 3.1.4.2. 

3.2.4.3 Microwave-only cooking cycle 

12.3 ounce (350 g) water load test 

measurements. Measure the energy 

consumption for the microwave-only cooking 

cycle test with a final water temperature of 

140–149 °F (60–65 °C), E350,high, and the 

cooking cycle test with a final water 

temperature of 131–140 °F (55–60 °C), E350,l, 

in watt-hours for the test specified in section 

3.1.4.3. In addition, measure the initial water 

temperature, T350,h1 and T350,l1, in °F (°C), the 

final water temperature, T350,h2 and T350,l2, in 

°F (°C), and the total heating time, t350,h and 

t350,l, in seconds, for each test. 

3.2.4.4 Microwave-only cooking cycle 

12.3 ounce (350 g) water load fan-only mode 

test measurements. If the microwave oven is 

capable of operation in fan-only mode, 

measure the microwave-only fan-only mode 

energy consumption, EF350, in watt-hours, 

and fan-only mode duration, tF350, in 

seconds, as specified in section 3.1.4.4. 

3.2.4.5 Microwave-only cooking cycle 

35.3 ounce (1000 g) water load test 

measurements. Measure the energy 

consumption for the microwave-only cooking 

cycle test with a final water temperature of 

140–149 °F (60–65 °C), E1000,h, and the 

cooking cycle test with a final water 

temperature of 131–140 °F (55–60 °C), E1000,l, 

in watt-hours for the test specified in section 

3.1.4.5. In addition, measure the initial water 

temperature, T1000,h1 and T1000,l1, in °F (°C), 

the final water temperature, T1000,h2 and 

T1000,l2, in °F (°C), and the total heating time, 

t1000,h and t1000,l, in seconds, for each test. 

3.2.4.6 Microwave-only cooking cycle 

35.3 ounce (1000 g) water load fan-only mode 

test measurements. If the microwave oven is 

capable of operation in fan-only mode, 

measure the microwave-only fan-only mode 

energy consumption, EF1000, in watt-hours, 

and fan-only mode duration, tF1000, in 

seconds, as specified in section 3.1.4.6. 

3.2.4.7 Convection microwave oven 

convection-only test measurements. If the 

oven thermostat controls the convection 

microwave oven temperature without cycling 

on and off, measure the energy consumed, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7959 

ECV,O, when the temperature of the block 

reaches TCV,O (TCV,O is 234 °F (130 °C) above 

the initial block temperature, TCV,I). If the 

oven thermostat operates by cycling on and 

off, make the following series of 

measurements: Measure the block 

temperature, TCV,A, and the energy 

consumed, ECV,A, at the end of the last ‘‘ON’’ 

period of the convection microwave oven 

before the block reaches TCV,O. Measure the 

block temperature, TCV,B, and the energy 

consumed, ECV,B, at the beginning of the next 

‘‘ON’’ period. Measure the block temperature, 

TCV,C, and the energy consumed, ECV,C, at the 

end of that ‘‘ON’’ period. Measure the block 

temperature, TCV,D, and the energy 

consumed, ECV,D, at the beginning of the 

following ‘‘ON’’ period. Energy 

measurements for ECV,O, ECV,A, ECV,B, ECV,C

and ECV,D, should be expressed in watt-hours 

for convection microwave ovens. Measure 

the total heating time, tCV, expressed in 

seconds. If the microwave oven is capable of 

operation in fan-only mode, measure the fanonly mode energy consumption, ECV,F, 

expressed in watt-hours, and fan-only mode 

duration, tCV,F, expressed in seconds. 

3.2.4.7.1 Convection microwave oven 

convection-only average test energy 

consumption measurements. If the 

convection microwave oven permits baking 

by either forced convection or without forced 

convection and the oven thermostat does not 

cycle on and off, measure the energy 

consumed, (ECV,O)1, and heating time, (tCV)1, 

with the forced convection mode and 

without the forced convection mode, (ECV,O)2, 

(tCV)2 when the temperature of the block 

reaches TCV,O (TCV,O is 234 °F (130 °C) above 

the initial block temperature, TCV,I). If the 

conventional oven permits baking by either 

forced convection or without forced 

convection and the oven thermostat operates 

by cycling on and off, make the following 

series of measurements with and without the 

forced convection mode: Measure the block 

temperature, TCV,A, and the energy 

consumed, ECV,A, at the end of the last ‘‘ON’’ 

period of the convection microwave oven 

before the block reaches TCV,O. Measure the 

block temperature, TCV,B, and the energy 

consumed, ECV,B, at the beginning of the next 

‘‘ON’’ period. Measure the block temperature, 

TCV,C, and the energy consumed, ECV,C, at the 

end of that ‘‘ON’’ period. Measure the block 

temperature, TCV,D, and the energy 

consumed, ECV,D, at the beginning of the 

following ‘‘ON’’ period. Energy 

measurements for ECV,O, ECV,A, ECV,B, ECV,C

and ECV,D should be expressed in watt-hours 

for convection microwave ovens. Measure 

the total heating time, tCV, expressed in 

seconds. If the microwave oven is capable of 

operation in fan-only mode, measure the fanonly mode energy consumption in the forced 

convection mode, (ECV,F)1, and without the 

forced convection mode, (ECV,F)2, expressed 

in watt-hours, and the and fan-only mode 

duration, in the forced convection mode, 

(tCV,F)1, and without the forced convection 

mode, (tCV,F)2, expressed in seconds. 

3.2.4.8 Microwave oven test standby 

mode and off mode power. Make 

measurements as specified in Section 5, 

Paragraph 5.3 of IEC 62301 (Second Edition) 

(incorporated by reference; see § 430.3). If the 

microwave oven is capable of operating in 

standby mode, as defined in section 1.18 of 

this appendix, measure the average standby 

mode power of the microwave oven, PSB, in 

watts as specified in section 3.1.4.8 of this 

appendix. If the microwave oven is capable 

of operating in off mode, as defined in 

section 1.13 of this appendix, measure the 

average off mode power of the microwave 

oven, POM, as specified in section 3.1.4.8 

* * * * * 

3.3.11 Record the measured energy 

consumption for the microwave-only cooking 

cycle test with a final water temperature of 

140–149 °F (60–65 °C), E275,h, and the 

cooking cycle test with a final water 

temperature of 131–140 °F (55–60 °C), E275,l, 

in watt-hours; the measured mass of the 9.7 

ounce (275 g) water test container, M275,c, in 

pounds (grams), the measured mass of the 

water for the 140–149 °F (60–65 °C) final 

water temperature test, M275,h,w, and the 131– 

140 °F (55–60 °C) final water temperature 

test, M275,l,w, in pounds (grams); the initial 

water temperature T275,h1, and final water 

temperature, T275,h2, for the 140–149 °F (60– 

65 °C) final water temperature test, and the 

initial water temperature T275,l1, and final 

water temperature, T275,l2, for the 131–140 °F 

(55–60 °C) final water temperature test, in °F 

(°C); the total heating time, t275,h for the 140– 

149 °F (60–65 °C) final water temperature test 

and t275,l for the 131–140 °F (55–60 °C) final 

water temperature test; as determined in 

section 3.2.4.1. 

3.3.12 Record the measured fan-only 

mode energy consumption, EF275, in watthours, and fan-only mode duration, tF275, in 

seconds, as determined in section 3.2.4.2. 

3.3.13 Record the measured energy 

consumption for the microwave-only cooking 

cycle test with a final water temperature of 

140–149 °F (60–65 °C), E350,h, and the 

cooking cycle test with a final water 

temperature of 131–140 °F (55–60 °C), E275,l, 

in watt-hours; the measured mass of the 12.3 

ounce (350 g) water test container, M350,c, in 

pounds (grams), the measured mass of the 

water for the 140–149 °F (60–65 °C) final 

water temperature test, M350,h,w, and the 131– 

140 °F (55–60 °C) final water temperature 

test, M350,l,w, in pounds (grams); the initial 

water temperature T350,h1, and final water 

temperature, T350,h2, for the 140–149 °F (60– 

65 °C) final water temperature test, and the 

initial water temperature T350,l1, and final 

water temperature, T350,l2, for the 131–140 °F 

(55–60 °C) final water temperature test, in °F 

(°C); the total heating time, t350,h for the 140– 

149 °F (60–65 °C) final water temperature test 

and t350,l for the 131–140 °F (55–60 °C) final 

water temperature test; as determined in 

section 3.2.4.3. 

3.3.14 Record the measured fan-only 

mode energy consumption, EF350, in watthours, and fan-only mode duration, tF350, in 

seconds, as determined in section 3.2.4.4. 

3.3.15 Record the measured energy 

consumption for the microwave-only cooking 

cycle test with a final water temperature of 

140–149 °F (60–65 °C), E1000,h, and the 

cooking cycle test with a final water 

temperature of 131–140 °F (55–60 °C), E1000,l, 

in watt-hours; the measured mass of the 35.3 

ounce (1000 g) water test container, M1000,c, 

in pounds (grams), the measured mass of the 

water for the 140–149 °F (60–65 °C) final 

water temperature test, M1000,h,w, and the 

131–140 °F (55–60 °C) final water 

temperature test, M1000,l,w, in pounds (grams); 

the initial water temperature T1000,h1, and 

final water temperature, T1000,h2, for the 140– 

149 °F (60–65 °C) final water temperature 

test, and the initial water temperature T1000,l1, 

and final water temperature, T1000,l2, for the 

131–140 °F (55–60 °C) final water 

temperature test, in °F (°C); the total heating 

time, t1000,h for the 140–149 °F (60–65 °C) 

final water temperature test and t1000,l for the 

131–140 °F (55–60 °C) final water 

temperature test; as determined in section 

3.2.4.5. 

3.3.16 Record the measured fan-only 

mode energy consumption, EF1000, in watthours, and fan-only mode duration, tF1000, in 

seconds, as determined in section 3.2.4.6. 

3.3.17 For a convection microwave oven 

with a thermostat which operates by cycling 

on and off, record the convection microwave 

cooking test measurements TCV,A, ECV,A, 

TCV,B, ECV,B, TCV,C, ECV,C, TCV,D, ECV,D, ECV,F, 

tCV, and tCV,F, as determined in section 

3.2.4.7. If the thermostat controls the oven 

temperature without cycling on and off, 

record ECV,O, ECV,F, tCV, and tCV,F, as 

determined in section 3.2.4.7. Record the 

measured test block weight, MCV, in pounds, 

as specified in section 2.7.1. 

3.3.17.1 For a convection microwave oven 

that can be operated with or without forced 

convection and the oven thermostat controls 

the oven temperature without cycling on and 

off, measure the energy consumed with the 

forced convection mode, (ECV,O)1, heating 

time in the forced convection mode, (tCV)1, 

and convection microwave oven fan-only 

mode energy consumption in the forced 

convection mode, (ECV,F)1, and measure the 

energy consumed without the forced 

convection mode, (ECV,O)2, heating time 

without the forced convection mode, (tCV)2, 

and convection microwave oven fan-only 

mode energy consumption without the forced 

convection mode, (ECV,F)2, as determined in 

section 3.2.4.7.1. If the convection 

microwave oven operates with or without 

forced convection and the thermostat 

controls the oven temperature by cycling on 

and off, record the convection microwave 

oven test measurements TCV,A, ECV,A, TCV,B, 

ECV,B, TCV,C, ECV,C, TCV,D, ECV,D, tCV, ECV,F, 

tCV,F as determined in section 3.2.4.7.1. 

Record the measured test block weight, MCV, 

in pounds, as specified in section 2.7.1. 

3.3.18 Record the average standby mode 

power, PSB, for the microwave oven standby 

mode, as determined in section 3.2.4.8 for a 

microwave oven capable of operating in 

standby mode. Record the average off mode 

power, POM, for the microwave oven off 

mode power test, as determined in section 

3.2.4.8 for a microwave oven capable of 

operating in off mode. 

* * * * * 

4. Calculation of Derived Results from Test 

Measurements 

* * * * * 

4.4 Microwave oven. 

4.4.1 9.7 ounce (275 g) water load 

microwave-only cooking cycle time and 

energy consumption. Calculate the time 

mstockstill on DSK4VPTVN1PROD with PROPOSALS4

7960 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

required, t275, in seconds, and the energy 

consumption, E275, in watt-hours, to heat 9.7 

ounce (275 g) of water by 90 °F (50 °C), as 

follows: 

Where, 

Cc = 0.131 Btu per lb-°F (0.55 joules per 

gram-°C), the specific heat of the 

borosilicate glass test container. 

Cw = 1.0 Btu per lb-°F (4.187 joules per gram- 

°C), the specific heat of water. 

DT275,h = the water temperature rise in °F (°C) 

for the 140–149 °F (60–65 °C) final water 

temperature test. 

DT275,l = the water temperature rise in °F (°C) 

for the 131–140 °F (55–60 °C) final water 

temperature test. 

DTn = 90 °F (50 °C), the nominal water 

temperature rise. 

E275 = the energy consumption required to 

heat 9.7 ounce (275 g) of water by 90 °F 

(50 °C), in watt-hours. 

E275,h = the measured energy consumption in 

watt-hours during the 140–149 °F (60–65 

°C) final water temperature test, as 

recorded in section 3.3.11. 

E275,l = the measured energy consumption in 

watt-hours during the 131–140 °F (55–60 

°C) final water temperature test, as 

recorded in section 3.3.11. 

M275,c = the actual mass of the 9.7 ounce (275 

g) water load test container in pounds 

(g), as recorded in section 3.3.11. 

M275,h,w = the actual mass of water in pounds 

(g) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.11. 

M275,l,w = the actual mass of water in pounds 

(g) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.11. 

M275,w = 0.61 pounds (275 g), the nominal 

mass of water. 

norm DT275,h = the normalized water 

temperature rise in °F (°C) for the of 140– 

149 °F (60–65 °C) final water 

temperature test. 

norm DT275,l = the normalized water 

temperature rise in °F (°C) for the of 131– 

140 °F (55–60 °C) final water 

temperature test. 

t275 = the calculated time in seconds to heat 

up 9.7 ounces (275 g) of water by 90 °F 

(50 °C). 

t275,h = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 9.7 ounces (275 g) of water 

to a final temperature of 140–149 °F (60– 

65 °C), as recorded in section 3.3.11. 

t275,l = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 9.7 ounces (275 g) of water 

to a final temperature of 131–140 °F (55– 

60 °C), as recorded in section 3.3.11. 

T275,h1 = the initial water temperature in °F 

(°C) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.11. 

T275,h2 = the final water temperature in °F (°C) 

for the 140–149 °F (60–65 °C) final water 

temperature test, as recorded in section 

3.3.11. 

T275,l1 = the initial water temperature in °F 

(°C) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.11. 

T275,l2 = the final water temperature in °F (°C) 

for the 131–140 °F (55–60 °C) final water 

temperature test, as recorded in section 

3.3.11. 

Total DT275,h = the total temperature rise 

accounting for the heat capacity of the 

test container for the 140–149 °F (60–65 

°C) final water temperature test, in °F 

(°C). 

Total DT275,l = the total temperature rise 

accounting for the heat capacity of the 

test container for the 131–140 °F (55–60 

°C) final water temperature test, in °F 

(°C). 

4.4.2 12.3 ounce (350 g) water load 

microwave-only cooking cycle time and 

energy consumption. Calculate the time 

required, t350, in seconds, and the energy 

consumption, E350, in watt-hours, to heat 12.3 

ounces (350 g) of water by 90 °F (50 °C), as 

follows: 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.024</GPH>
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7961 

Where, 

DTn, Cc, and Cw as defined in 4.4.1. 

DT350,h = the water temperature rise in °F (°C) 

for the 140–149 °F (60–65 °C) final water 

temperature test. 

DT350,l = the water temperature rise in °F (°C) 

for the 131–140 °F (55–60 °C) final water 

temperature test. 

E350 = the calculated energy consumption 

required to heat 12.3 ounces (350 g) of 

water by 90 °F (50 °C), in watt-hours. 

E350,h = the measured energy consumption in 

watt-hours during the 140–149 °F (60–65 

°C) final water temperature test, as 

recorded in section 3.3.13. 

E350,l = the measured energy consumption in 

watt-hours during the 131–140 °F (55–60 

°C) final water temperature test, as 

recorded in section 3.3.13. 

M350,c = the actual mass of the 12.3 ounce 

(350 g) water load test container in 

pounds (g), as recorded in section 3.3.13. 

M350,h,w = the actual mass of water in pounds 

(g) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.13. 

M350,l,w = the actual mass of water in pounds 

(g) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.13. 

M350,w = 0.77 pounds (350 g), the nominal 

mass of water. 

norm DT350,h = the normalized water 

temperature rise in °F (°C) for the of 140– 

149 °F (60–65 °C) final water 

temperature test. 

norm DT350,l = the normalized water 

temperature rise in °F (°C) for the of 131– 

140 °F (55–60 °C) final water 

temperature test. 

t350 = the calculated time in seconds to heat 

up 12.3 ounces (350 g) of water by 90 °F 

(50 °C). 

t350,h = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 12.3 ounces (350 g) of water 

to a final temperature of 140–149 °F (60– 

65 °C), as recorded in section 3.3.13. 

t350,l = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 12.3 ounces (350 g) of water 

to a final temperature of 131–140 °F (55– 

60 °C), as recorded in section 3.3.13. 

T350,h1 = the initial water temperature in °F 

(°C) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.13. 

T350,h2 = the final water temperature in °F (°C) 

for the 140–149 °F (60–65 °C) final water 

temperature test, as recorded in section 

3.3.13. 

T350,l1 = the initial water temperature in °F 

(°C) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.13. 

T350,l2 = the final water temperature in °F (°C) 

for the 131–140 °F (55–60 °C) final water 

temperature test, as recorded in section 

3.3.13. 

Total DT350,h = the total temperature rise 

accounting for the heat capacity of the 

test container for the 140–149 °F (60–65 

°C) final water temperature test, °F (°C). 

Total DT350,l = the total temperature rise 

accounting for the heat capacity of the 

test container for the 131–140 °F (55–60 

°C) final water temperature test, °F (°C). 

4.4.3 35.3 ounce (1000 g) water load 

microwave-only cooking cycle time and 

energy consumption. Calculate the time 

required, t350, in seconds, and the energy 

consumption, E1000, in watt-hours, to heat 

35.3 ounce (1000 g) of water by 90 °F (50 °C), 

as follows: 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.025</GPH>
7962 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

Where, 

DTn, Cc, and Cw as defined in 4.4.1. 

DT1000,h = the water temperature rise in °F 

(°C) for the 140–149 °F (60–65 °C) final 

water temperature test. 

DT1000,l = the water temperature rise in °F (°C) 

for the 131–140 °F (55–60 °C) final water 

temperature test. 

E1000 = the calculated energy consumption 

required to heat 35.3 ounces (1000 g) of 

water by 90 °F (50 °C), in watt-hours. 

E1000,h = the measured energy consumption in 

watt-hours during the 140–149 °F (60–65 

°C) final water temperature test, as 

recorded in section 3.3.15. 

E1000,l = the measured energy consumption in 

watt-hours during the 131–140 °F (55–60 

°C) final water temperature test, as 

recorded in section 3.3.15. 

M1000,c = the actual mass of the 35.3 ounce 

(1000 g) water load test container in 

pounds (g), as recorded in section 3.3.15. 

M1000,h,w = the actual mass of water in pounds 

(g) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

M1000,l,w = the actual mass of water in pounds 

(g) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

M1000,w = 2.20 pounds (1000 g), the nominal 

mass of water. 

norm DT1000,h = the normalized water 

temperature rise in °F (°C) for the of 140– 

149 °F (60–65 °C) final water 

temperature test. 

norm DT1000,l = the normalized water 

temperature rise in °F (°C) for the of 131– 

140 °F (55–60 °C) final water 

temperature test. 

t1000 = the calculated time in seconds to heat 

up 35.3 ounces (1000 g) of water by 90 

°F (50 °C). 

t1000,h = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 35.3 ounces (1000 g) of 

water to a final temperature of 140–149 

°F (60–65 °C), as recorded in section 

3.3.15. 

t1000,l = the measured time in seconds, 

including the magnetron heating-up 

time, to heat 35.3 ounces (1000 g) of 

water to a final temperature of 131–140 

°F (55–60 °C), as recorded in section 

3.3.15. 

T1000,h1 = the initial water temperature in °F 

(°C) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

T1000,h2 = the final water temperature in °F 

(°C) for the 140–149 °F (60–65 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

T1000,l1 = the initial water temperature in °F 

(°C) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

T1000,l2 = the final water temperature in °F 

(°C) for the 131–140 °F (55–60 °C) final 

water temperature test, as recorded in 

section 3.3.15. 

Total DT1000,h = the total temperature rise 

accounting for the heat capacity of the 

test container for the 140–149 °F (60–65 

°C) final water temperature test, in °F 

(°C). 

Total DT1000,l = the total temperature rise 

accounting for the heat capacity of the 

test container for the 131–140 °F (55–60 

°C) final water temperature test, in °F 

(°C). 

4.4.4 Total microwave-only cooking percycle energy consumption and heating time. 

Calculate the total microwave-only cooking 

per-cycle energy consumption, EMW,C, in 

watt-hours, and the per-cycle heating time, 

tMW,C, in seconds, as follows: 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.026</GPH>
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7963 

Where: 

E275 and t275 as defined in section 4.4.1, W350

and t350 are described in section 4.4.2, 

and E1000 and t1000 are described in 

section 4.4.3. 

4.4.5 Total microwave-only per-cycle fanonly mode energy consumption and 

duration. Calculate the total microwave-only 

per-cycle fan-only mode energy 

consumption, EMW,F, in watt-hours, and the 

per-cycle fan-only mode time, tMW,F, in 

seconds, as follows: 

Where: 

EF275 = the measured fan-only mode energy 

consumption after heating 275 g of water 

by 50 °C in watt-hours, as recorded in 

section 3.3.12. 

EF350 = the measured fan-only mode energy 

consumption after heating 350 g of water 

by 50 °C in watt-hours, as recorded in 

section 3.3.15. 

EF1000 = the measured fan-only mode energy 

consumption after heating 1000 g of 

water by 50 °C in watt-hours, as recorded 

in section 3.3.16. 

tF275 = the duration of fan-only mode after 

heating 275 g of water by 50 °C in 

seconds, as recorded in section 3.3.12. 

tF350 = the duration of fan-only mode after 

heating 350 g of water by 50 °C in 

seconds, as recorded in section 3.3.14. 

tF1000 = the duration of fan-only mode after 

heating 1000 g of water by 50 °C in 

seconds, as recorded in section 3.3.16. 

4.4.6 Total microwave-only per-cycle 

energy consumption. Calculate the total 

microwave-only per-cycle energy 

consumption, EMW, in watt-hours, using the 

equation below. The calculation is repeated 

two or three times as required in section 

3.1.4. The average EMW is used for the 

calculations in sections 4.4.9 and 4.4.10. 

Where: 

EMW,C as defined in 4.4.4. 

EMW,F as defined in 4.4.5. 

4.4.7 Convection microwave oven 

convection-only cooking cycle test energy 

consumption. For a convection microwave 

oven with a thermostat which operates by 

cycling on and off, calculate the convection 

microwave convection-only cooking cycle 

test energy consumption, ECV,O, expressed in 

watt-hours, and defined as: 

Where: TCV,O = 234 °F (130 °C) plus the initial test 

block temperature. 

and, 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.028</GPH> EP04FE13.029</GPH> EP04FE13.030</GPH> EP04FE13.031</GPH> EP04FE13.032</GPH>
7964 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

Where: 

ECV,A = electric energy consumed in Wh at 

the end of the last ‘‘ON’’ period before 

the test block reaches TCV,O. 

ECV,B = electric energy consumed in Wh at 

the beginning of the ‘‘ON’’ period 

following the measurement of TCV,A. 

ECV,C = electric energy consumed in Wh at 

the end of the ‘‘ON’’ period which starts 

with TCV,B. 

ECV,D = electric energy consumed in Wh at 

the beginning of the ‘‘ON’’ period which 

follows the measurement of TCV,C. 

TCV,A = block temperature in °F at the end 

of the last ‘‘ON’’ period of the convection 

microwave oven before the test block 

reaches TO. 

TCV,B = block temperature in °F at the 

beginning of the ‘‘ON’’ period following 

the measurement of TCV,A. 

TCV,C = block temperature in °F at the end 

of the ‘‘ON’’ period which starts with 

TCV,B. 

TCV,D = block temperature in °F at the 

beginning of the ‘‘ON’’ period which 

follows the measurement of TCV,C. 

4.4.7.1 Convection microwave oven 

convection-only cooking cycle average test 

energy consumption. If the convection 

microwave oven can be operated with or 

without forced convection, determine the 

convection microwave cooking average test 

energy consumption, ECV,O, in watt-hours, 

the convection microwave cooking average 

heating time, tCV, in seconds, the average 

convection microwave oven fan-only mode 

cooling energy consumption, ECV,F, in watthours, and the convection microwave oven 

fan-only mode time, tCV,F, in seconds, using 

the following equations: 

Where: 

(ECV,O)1 = the test energy consumption using 

the forced convection mode in watthours for convection microwave ovens as 

recorded in section 3.3.17.1. 

(ECV,O)2 = the test energy consumption 

without using the forced convection 

mode in watt-hours for convection 

microwave ovens as recorded in section 

3.3.17.1. 

(ECV,F)1 = the fan-only mode cooling energy 

consumption using the forced 

convection mode in watt-hours for 

convection microwave ovens as recorded 

in section 3.3.17.1. 

(ECV,F)2 = the fan-only mode cooling energy 

consumption without using the forced 

convection mode in watt-hours for 

convection microwave ovens as recorded 

in section 3.3.17.1. 

(tCV,O)1 = the test heating time using the 

forced convection mode in seconds for 

convection microwave ovens as 

measured as recorded in section 3.3.17.1. 

(tCV,O)2 = the test heating time without using 

the forced convection mode in seconds 

for convection microwave ovens as 

recorded in section 3.3.17.1. 

(tCV,F)1 = the fan-only mode time using the 

forced convection mode in seconds for 

convection microwave ovens as recorded 

in section 3.3.17.1. 

(tCV,F)2 = the fan-only mode time without 

using the forced convection mode in 

seconds for convection microwave ovens 

as recorded in section 3.3.17.1. 

4.4.8 Total convection microwave oven 

convection-only per-cycle energy 

consumption. Calculate the total convection 

microwave oven convection-only per-cycle 

energy consumption, Etotal,CV, in watt-hours, 

using the equations below. The calculation is 

repeated two or three times as required in 

section 3.1.4.7. The average Etotal,CV is used 

for the calculations in sections 4.4.9 and 

4.4.10. 

Where: 

ECV,O = the convection microwave oven 

convection-only cooking cycle test 

energy consumption in watt-hours as 

determined in section 3.3.17 and 4.4.7. 

ECV,F = the convection microwave oven 

convection-only cooking cycle test 

energy consumption in watt-hours as 

determined in section 3.3.17 and 4.4.7. 

FCV = 0.26, a field use factor based on 

consumer use of the convection-only 

cooking mode. 

4.4.9 Total convection microwave oven 

convection-microwave per-cycle energy 

consumption. Calculate the total convection 

microwave oven convection-microwave percycle energy consumption, ECMW, in watthours, as follows: 

Where: 

ECV as defined in 4.4.8. 

EMW as defined in 4.4.6. 

tCMW,field = 15.00, the average convection 

microwave oven convection-microwave 

cooking cycle length in minutes based on 

consumer use. 

tCV,field = 18.70, the average convection 

microwave oven convection-only 

cooking cycle length in minutes based on 

consumer use. 

tMW,field = 2.54, the average convection 

microwave oven microwave-only 

cooking cycle length in minutes based on 

consumer use. 

0.3 = an experimentally established value for 

the percentage of time during a single 

convection-microwave cooking cycle 

that the appliance operates in 

microwave-only cooking mode. 

0.7 = an experimentally established value for 

the percentage of time during a single 

convection-microwave cooking cycle 

that the appliance operates in 

convection-only cooking mode. 

4.4.10 Annual energy use. 

4.4.10.1 Microwave-only oven annual 

energy use. Calculate the microwave-only 

oven annual energy use, Eannual,MWO, in 

kilowatt-hours per year, as follows: 

Where: 

EMW as defined in section 4.4.6. 

NMWO = 1026, annual number of microwaveonly cooking cycles for microwave-only 

ovens based on consumer use. 

PSB = the average measured standby mode 

power in watts, as recorded in section 

3.3.18. 

POM = the average measured off mode power 

in watts, as recorded in section 3.3.18. 

SMWO,TOT equals the total number of standby 

mode and off mode hours per year for 

microwave-only ovens. 

If the microwave-only oven has fan-only 

mode, SMWO,TOT equals (8715.1¥(tMW,F/ 

3600)) hours, where tMW,F is the 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.033</GPH> EP04FE13.034</GPH> EP04FE13.035</GPH> EP04FE13.036</GPH>
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7965 

microwave-only oven fan-only mode 

duration, in seconds, as calculated in 

section 4.4.5, and 3600 is the conversion 

factor for seconds to hours; otherwise, 

SMWO,TOT is equal to 8715.1 hours. 

If the microwave-only oven has both 

standby mode and off mode, SMWO,SB

and SMWO,OFF both equal SMWO,TOT/2. 

If the microwave-only oven has standby 

mode but no off mode, the standby mode 

annual hours, SMWO,SB, is equal to 

SMWO,TOT and the off mode annual hours, 

SMWO,OFF, is equal to 0. 

If the microwave-only oven has an off 

mode but no standby mode, SMWO,SB is 

equal to 0 and SMWO,OFF is equal to 

SMWO,TOT. 

K = 0.001 kWh/Wh conversion factor for 

watt-hours to kilowatt-hours. 

4.4.10.2 Convection microwave oven 

annual energy use. Calculate the convection 

microwave oven annual energy use, 

Eannual,CMWO, in kilowatt-hours per year, as 

follows: 

Where: 

ECMW as defined in section 4.4.9. 

EMW as defined in section 4.4.6. 

ECV as defined in section 4.4.8. 

PSB, POM, and K as defined in section 

4.4.10.1. 

NCMWO,MW = 842, annual number of 

microwave-only cooking cycles for 

convection microwave ovens based on 

consumer use. 

NCMWO,CV = 101, annual number of 

convection-only cooking cycles for 

convection microwave ovens based on 

consumer use. 

NCMWO,CMWcycles = 69, annual number of 

convection-microwave cooking cycles for 

convection microwave ovens based on 

consumer use. 

SCMWO,TOT equals the total number of standby 

mode and off mode hours per year for 

microwave-only ovens. 

If the convection microwave oven has fanonly mode, SCMWO,TOT equals: 

Where: 

tMW,F is the microwave-only fan-only mode 

duration, in minutes, as calculated in 

section 4.4.5; tCV,F is the measured 

convection-only fan-only mode duration, 

in minutes, as recorded in section 3.3.17; 

FCV as defined in section 4.4.8; tCMW,field

and tCV,field as defined in section 4.4.9; 

and 60 is the conversion factor for 

minutes to hours. Otherwise, SCMWO,TOT

is equal to 8675.3 hours. 

If the convection microwave oven has both 

standby mode and off mode, SCMWO,SB

and SCMWO,OFF both equal SCMWO,TOT/2. 

If the convection microwave oven has 

standby mode but no off mode, the 

standby mode annual hours, SCMWO,SB, is 

equal to SCMWO,TOT and the off mode 

annual hours, SCMWO,OFF, is equal to 0. 

If the convection microwave oven has an 

off mode but no standby mode, SMWO,SB

is equal to 0 and SCMWO,OFF is equal to 

SCMWO,TOT. 

[FR Doc. 2013–01537 Filed 2–1–13; 8:45 am] 

BILLING CODE 6450–01–P 


mstockstill on DSK4VPTVN1PROD with PROPOSALS4EP04FE13.037</GPH> EP04FE13.038</GPH>