[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Proposed Rules]
[Pages 2566-2574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00776]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / 
Proposed Rules

[[Page 2566]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2017-BT-TP-0024]


Energy Conservation Program: Test Procedure for Microwave Ovens

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information (``RFI'').

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data 
collection process through this request for information to consider 
whether to amend DOE's test procedures for microwave ovens. To inform 
interested parties and to facilitate this process, DOE has gathered 
data, identifying several issues associated with the currently 
applicable test procedures on which DOE is interested in receiving 
comment. The issues outlined in this document mainly concern the 
measurement of active mode, standby mode, and off mode energy use, and 
an integrated annual energy use metric for microwave ovens; and any 
additional topics that may inform DOE's decisions in a future test 
procedure rulemaking, including methods to reduce regulatory burden 
while ensuring the procedures' accuracy. DOE welcomes written comments 
from the public on any subject within the scope of this document 
(including topics not raised in this RFI).

DATES: Written comments and information are requested and will be 
accepted on or before February 20, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2017-BT-
TP-0024, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to <a href="/cdn-cgi/l/email-protection#6c213b235e5c5d5b383c5c5c5e582c090942080309420b031a"><span class="__cf_email__" data-cfemail="3578627a070504026165050507017550501b515a501b525a43">[email protected]</span></a>. Include docket number EERE-
2017-BT-TP-0024 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. 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: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=33. The docket 
web page contains simple instructions on how to access all documents, 
including public comments, in the docket. See section III for 
information on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-1943. Email: 
<a href="/cdn-cgi/l/email-protection#39784949555058575a5c6a4d58575d584b5d4a684c5c4a4d5056574a795c5c175d565c175e564f"><span class="__cf_email__" data-cfemail="1e5f6e6e72777f707d7b4d6a7f707a7f6c7a6d4f6b7b6d6a7771706d5e7b7b307a717b30797168">[email protected]</span></a>.
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6122. Email: <a href="/cdn-cgi/l/email-protection#793a1c151018572a111c0b391108571d161c571e160f"><span class="__cf_email__" data-cfemail="1053757c79713e437875625078613e747f753e777f66">[email protected]</span></a>.
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#4f0e3f3f23262e212c2a1c3b2e212b2e3d2b3c1e3a2a3c3b2620213c0f2a2a612b202a61282039"><span class="__cf_email__" data-cfemail="3b7a4b4b57525a55585e684f5a555f5a495f486a4e5e484f525455487b5e5e155f545e155c544d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
    1. Active Mode Amendments
    2. Standby Mode Amendments
II. Request for Information
    A. Scope and Definitions
    B. Test Procedure
    1. Consumer Usage
    2. Active Mode Test Methods
    3. Standby Mode and Off Mode Test Methods
    4. Integrated Annual Energy Use Metric
    C. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Microwave ovens are included in the list of ``covered products'' 
for which DOE is authorized to establish and amend energy conservation 
standards and test procedures. (42 U.S.C. 6292(a)(10)) DOE's test 
procedures for microwave ovens are prescribed at title 10 of the Code 
of Federal Regulations (``CFR'') part 430, subpart B, appendix I 
(``Appendix I''). The following sections discuss DOE's authority to 
establish and amend test procedures for microwave ovens, as well as 
relevant background information regarding DOE's consideration of test 
procedures for this product.

A. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part B 
\2\ of EPCA established the

[[Page 2567]]

Energy Conservation Program for Consumer Products Other Than 
Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency. These products include microwave ovens, the 
subject of this RFI. (42 U.S.C. 6292(a)(10))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA 2015), Public Law 114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act specifically include 
definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 
6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    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 requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and 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))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including microwave 
ovens, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency, energy 
use, and estimated operating costs during a representative average use 
cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary 
determines, on his own behalf or in response to a petition by any 
interested person, that a test procedure should be prescribed or 
amended, the Secretary shall promptly publish in the Federal Register 
proposed test procedures and afford interested persons an opportunity 
to present oral and written data, views, and arguments with respect to 
such procedures. The comment period on a proposed rule to amend a test 
procedure shall be at least 60 days and may not exceed 270 days. In 
prescribing or amending a test procedure, the Secretary shall take into 
account such information as the Secretary determines relevant to such 
procedure, including technological developments relating to energy use 
or energy efficiency of the type (or class) of covered products 
involved. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure 
revisions are not appropriate, DOE must publish its determination not 
to amend the test procedures. DOE is publishing this RFI to collect 
data and information to inform its decision in satisfaction of the 7-
year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.)

B. Rulemaking History

    DOE's current test procedures for microwave ovens are codified at 
Appendix I. For reasons discussed in the following sections, the 
current test procedures for microwave ovens address standby mode and 
off mode energy use only.
1. Active Mode Amendments
    DOE originally established test procedures for microwave ovens in 
an October 3, 1997 final rule that addressed active mode energy use 
only. 62 FR 51976. Those procedures were based on the International 
Electrotechnical Commission (``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''). On July 22, 2010, DOE published in the Federal Register a final 
rule for the microwave oven test procedures (the ``July 2010 Repeal 
Final Rule''), in which it repealed the regulatory test procedures for 
measuring the cooking efficiency of microwave ovens. 75 FR 42579. In 
the July 2010 Repeal Final Rule, DOE determined that the existing 
microwave oven test procedure did not produce representative and 
repeatable test results. 75 FR 42579, 42580. DOE stated at that time 
that it was unaware of any test procedures that had been developed that 
address these concerns. 75 FR 42579, 42581.
    On October 24, 2011, DOE published an RFI to initiate a test 
procedure rulemaking to develop active mode testing methodologies for 
microwave ovens (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 active mode, in particular for the microwave-only 
and convection-microwave cooking (i.e., microwave plus convection and 
any other means of cooking) modes.
    To inform its consideration of a test procedure for the microwave 
oven active mode, DOE conducted testing to evaluate potential 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 
procedures and to request additional comment and information on these 
results (the ``June 2012 NODA''). 77 FR 33106. In the June 2012 NODA, 
DOE presented test results from microwave-only, convection-only, and 
convection-microwave cooking mode testing using water loads, food 
simulation mixtures, and real food loads. DOE also presented test 
results

[[Page 2568]]

from testing of the convection-only cooking mode using the aluminum 
test block specified in the DOE conventional oven test procedures then 
in effect in Appendix I.\3\
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    \3\ The DOE conventional oven test procedures in Appendix I were 
later repealed in a final rule published on December 16, 2016. 81 FR 
91418. DOE determined that the conventional oven test procedures did 
not accurately represent consumer use as it favors conventional 
ovens with low thermal mass and does not capture cooking 
performance-related benefits due to increased thermal mass of the 
oven cavity. 81 FR 91418, 91423-91424.
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    On February 4, 2013, DOE published a notice of proposed rulemaking 
(``NOPR'') in which it proposed adding provisions to the microwave oven 
test procedures to measure active mode energy use for microwave ovens, 
including microwave-only ovens and convection microwave ovens (the 
``February 2013 NOPR''). 78 FR 7940. For measuring the energy use in 
microwave-only cooking mode, DOE proposed test methods based on the 
November 2011 draft version of IEC Standard 60705. DOE also proposed 
provisions for measuring the energy use of convection microwave ovens 
in convection-only cooking mode based on the test procedures for 
conventional ovens in Appendix I. DOE further proposed to calculate the 
energy use of 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. 78 FR 7940, 7942.
    The IEC issued an update of IEC Standard 60705 on June 30, 2014. To 
date, DOE has not issued a final rule to re-establish test procedures 
for measuring the active mode of microwave ovens.
2. Standby Mode Amendments
    On March 9, 2011, DOE published an interim final rule (the ``March 
2011 Interim Final Rule'') amending the test procedures for microwave 
ovens. 76 FR 12825. The March 2011 Interim Final Rule incorporated by 
reference into the microwave oven test procedures IEC Standard 62301, 
``Household electrical appliances-Measurement of standby power,'' First 
Edition 2005-06 (``IEC Standard 62301 (First Edition)'') regarding test 
conditions and testing procedures for measuring the average standby 
mode and average off mode power consumption. 76 FR 12825, 12828. As 
authorized by EPCA, DOE also incorporated into the microwave oven test 
procedure definitions of ``active mode,'' ``standby mode,'' and ``off 
mode'' based on the definitions provided in the finalized draft version 
of IEC Standard 62301 Edition 2.0 2011-01 (``IEC Standard 62301 (Second 
Edition)''). 76 FR 12825, 12836. In addition, DOE adopted language to 
clarify the application of IEC Standard 62301 (First Edition) to 
measuring standby mode and off mode power. Specifically, DOE defined 
the test duration for cases in which the measured power is not stable 
and varies in a cyclic manner, because the standby mode power 
consumption of microwave oven displays can vary depending on the time-
of-day displayed on the clock. 76 FR 12825, 12828.
    The amendments adopted in the March 2011 Interim Final Rule became 
effective on April 8, 2011. However, DOE noted that in order to ensure 
that the amended test procedures adequately address the EPCA 
requirement to consider the most recent version of IEC Standard 62301, 
and recognizing that the IEC issued IEC Standard 62301 (Second Edition) 
in January of 2011, DOE issued the microwave oven test procedure as an 
interim final rule and offered an additional 180-day comment period to 
consider whether any changes should be made to the interim final rule 
in light of publication of IEC Standard 62301 (Second Edition). DOE 
stated that it would consider these comments and, to the extent 
necessary, publish a final rulemaking incorporating any changes. 76 FR 
12825, 12830-12831. In response to the March 2011 Interim Final Rule, 
the Association of Home Appliance Manufacturers (``AHAM'') commented 
that, among other things, DOE should incorporate by reference IEC 
Standard 62301 (Second Edition), stating that such incorporation would 
provide for optimal international harmonization, give clarity and 
consistency to the regulated community, and decrease test burden. 
(AHAM, No. 31 at pp. 3-4 \4\)
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    \4\ Document No. 31 in Docket No. EERE-2008-BT-TP-0011, 
available for review at https://www.regulations.gov.
---------------------------------------------------------------------------

    Based in part on public comment, DOE further analyzed IEC Standard 
62301 (Second Edition). DOE subsequently published a final rule on 
January 18, 2013 (the ``January 2013 Final Rule''), amending the test 
procedures for microwave ovens to reference certain provisions of IEC 
Standard 62301 (Second Edition), along with clarifying language, for 
the measurement of standby mode and off mode energy use. 78 FR 4015. In 
the narrow case of microwave ovens with power consumption that varies 
as a function of the time displayed, DOE maintained the existing use of 
IEC Standard 62301 (First Edition) for measuring standby mode power to 
minimize manufacturer burden. 78 FR 4015, 4021. DOE also determined 
that microwave ovens combined with other appliance functionality are 
covered under the definition of ``microwave oven'' at 10 CFR 430.2, but 
due to a lack of data and information, did not adopt provisions to 
measure the standby mode and off mode energy use of the microwave oven 
component of a combined cooking product.\5\ 78 FR 4015, 4022.
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    \5\ Appendix I defines ``combined cooking product'' as a 
household cooking appliance that combines a cooking product with 
other appliance functionality, which may or may not include another 
cooking product. Combined cooking products include the following 
products: Conventional range, microwave/conventional cooking top, 
microwave/conventional oven, and microwave/conventional range.
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II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended test procedures for 
microwave ovens may be warranted. Specifically, DOE is requesting 
comment on any opportunities to streamline and simplify testing 
requirements for microwave ovens.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not specifically be identified in this 
document. In particular, DOE notes that under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' Executive 
Branch agencies such as DOE are directed to manage the costs associated 
with the imposition of expenditures required to comply with Federal 
regulations. See 82 FR 9339 (Feb. 3, 2017). Pursuant to that Executive 
Order, DOE encourages the public to provide input on measures DOE could 
take to lower the cost of its regulations applicable to microwave ovens 
consistent with the requirements of EPCA.

A. Scope and Definitions

    This RFI covers those products that meet the definition for 
``microwave oven,'' as codified at 10 CFR 430.2. Specifically, as 
codified, ``microwave oven'' means a category of cooking products 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. This includes any microwave 
oven(s) component of a

[[Page 2569]]

combined cooking product. 10 CFR 430.2.

B. Test Procedure

    As discussed in section I.B of this document, DOE's current test 
procedures for microwave ovens are codified at Appendix I and address 
standby mode and off mode energy use only.
    DOE is requesting information and data to update its understanding 
of consumer use of microwave ovens. DOE is also requesting comment on 
whether any more recent developments since the February 2013 NOPR would 
allow for DOE to develop active mode test procedures for microwave 
ovens, including microwave-only ovens and convection microwave ovens. 
As stated in the Rulemaking History section of this document, in the 
February 2013 NOPR, DOE proposed active mode test procedures for 
microwave-only ovens and convection microwave ovens, and requested 
comment from interested parties on the proposed amendments. To date, 
DOE has not issued a final rule establishing test procedures for active 
mode. In this document, DOE discusses the current status of IEC 
Standard 60705 and requests information to help it determine whether it 
should consider test procedures that measure the active mode energy use 
for microwave ovens. Additionally, DOE has identified potential testing 
issues related to newly-available product features that DOE did not 
consider at the time of the January 2013 Final Rule, that may relate to 
standby mode and off mode energy use. DOE is requesting comment on 
appropriate test procedures to account for these features. DOE is also 
seeking comment on the technical feasibility of establishing an 
integrated metric that combines active mode, standby mode, and off mode 
energy use.
    Each of these issues is discussed in greater detail in the 
subsections that follow. DOE is also requesting information on any 
other issues that may need to be addressed in a test procedure 
rulemaking for microwave ovens.
1. Consumer Usage
    As part of the February 2013 NOPR, DOE presented results from a 
consumer usage survey conducted by Lawrence Berkeley National 
Laboratories (``LBNL'') to evaluate the consumer usage habits for 
microwave ovens.\6\ 78 FR 7940, 7943-7944. 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 LBNL study are presented in Table II.1 and Table II.2.
---------------------------------------------------------------------------

    \6\ Alison 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 
4, 2012.
    \7\ Fan-only mode refers to the operation of the fan after a 
cooking cycle for the purposes of cooling down the cavity and other 
components of the microwave oven.

                          Table II.1--LBNL Consumer Usage Data for Microwave-Only Ovens
----------------------------------------------------------------------------------------------------------------
                                                                  Cycle length       Number of     Annual hours
                             Mode                               (minutes (min))    annual cycles      (hours)
----------------------------------------------------------------------------------------------------------------
Microwave-Only Cooking.......................................               2.62            1026            44.9
----------------------------------------------------------------------------------------------------------------


                       Table II.2--LBNL Consumer Usage Data for Convection Microwave Ovens
----------------------------------------------------------------------------------------------------------------
                                                                   Cycle length      Number of     Annual hours
                              Mode                                     (min)       annual cycles      (hours)
----------------------------------------------------------------------------------------------------------------
Microwave-Only Cooking..........................................            2.54             842            35.7
Convection-Only Cooking.........................................           18.70             101            31.7
Convection-Microwave Cooking....................................           15.00              69            17.3
----------------------------------------------------------------------------------------------------------------

    In the February 2013 NOPR, DOE also noted that Whirlpool 
Corporation (``Whirlpool'') provided data from an informal poll of 
their employees that suggested that for convection microwave oven 
owners, 90 percent of the total number of cooking cycles in the field 
is in the microwave-only cooking mode, and the remaining 10 percent of 
cooking cycles is a mix of convection-microwave cooking mode and 
convection-only cooking mode, which is in relative agreement with the 
consumer usage data collected by LBNL. 78 FR 7940, 7944.
    In the February 2013 NOPR, DOE also presented estimates for the 
annual energy use for each operating mode for microwave-only and 
convection microwave ovens based on its testing and available consumer 
usage data. 78 FR 7940, 7950.

               Table II.3--February 2013 NOPR Estimate Annual Energy Use for Microwave-Only Ovens
----------------------------------------------------------------------------------------------------------------
                                                                                                   Annual energy
              Mode                 Cycle length      Number of     Annual hours    Average power  use (kilowatt-
                                       (min)       annual cycles      (hours)       (watts (W))    hours (kWh))
----------------------------------------------------------------------------------------------------------------
Microwave-Only Cooking..........            2.62            1026            44.9          1582.7            71.1
Microwave-Only Fan-Only Mode \7\               0               0               0               0               0
Standby/Off.....................  ..............  ..............          8715.1             2.7            23.5
----------------------------------------------------------------------------------------------------------------


[[Page 2570]]


            Table II.4--February 2013 NOPR Estimate Annual Energy Use for Convection Microwave Ovens
----------------------------------------------------------------------------------------------------------------
                                   Cycle length      Number of     Annual hours    Average power   Annual energy
              Mode                     (min)       annual cycles      (hours)           (W)          use (kWh)
----------------------------------------------------------------------------------------------------------------
Microwave-Only Cooking..........            2.54             842            35.7          1582.7            56.5
Convection-Only Cooking.........           18.70             101            31.7          1299.4            41.2
Convection-Microwave Cooking....           15.00              69            17.3          1421.3            24.6
Microwave-Only Fan-Only Mode....               0               0               0               0               0
Convection-Only Fan-Only Mode...            1.10             101             1.9            39.1            0.07
Convection-Microwave Fan-Only               0.88              69             1.0            39.1            0.04
 Mode...........................
Standby/Off.....................  ..............  ..............          8672.4             2.7            23.4
----------------------------------------------------------------------------------------------------------------

    Issue B.1: DOE requests any more recent consumer usage data, if 
available, to characterize the consumer usage habits for microwave 
ovens, including both microwave-only ovens and convection microwave 
ovens.
2. Active Mode Test Methods
    As discussed in section I.B.1 of this document, in the July 2010 
Repeal Final Rule, DOE repealed the active mode test provisions 
originally established in Appendix I because they did not produce 
representative and repeatable measurements of microwave oven energy use 
in active mode. 75 FR 42579. DOE proposed in the February 2013 NOPR to 
add provisions to the microwave oven test procedures in Appendix I for 
measuring energy use in microwave-only cooking mode in a repeatable and 
representative manner, based on the November 2011 draft version of IEC 
Standard 60705. 78 FR 7940. AHAM commented on the February 2013 NOPR 
that it ``supports harmonization with IEC Standard 60705. But DOE 
should not base the U.S. test procedure on a draft of that standard. 
Instead, DOE should wait to harmonize with the final IEC Standard 
60705.'' (AHAM, No. 18 at p. 4 \8\) On June 30, 2014, IEC published the 
updated version of IEC Standard 60705-Edition 4.1. Therefore in this 
RFI, DOE is seeking additional feedback on active model topics from the 
February 2013 NOPR given that IEC Standard 60705 is now finalized and 
in response to AHAM's previous comment supporting harmonization. DOE is 
requesting data and information on microwave oven active mode test 
methods, including data and information that may not have been 
available at the time of the previous rulemaking.
---------------------------------------------------------------------------

    \8\ Document No. 18 in Docket No. EERE-2010-BT-TP-0023, 
available for review at http://www.regulations.gov.
---------------------------------------------------------------------------

a. Microwave-Only Cooking Mode
    DOE notes that the water-heating test method specified in IEC 
Standard 60705-Edition 4.1 is the same as the November 2011 draft 
version of IEC Standard 60705. The test method in IEC Standard 60705-
Edition 4.1 involves 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 (``[deg]C'') and 50-55 [deg]C. 
The test method also requires that the difference in the final measured 
water temperature between these two tests must be at least 2 [deg]C. 
The results from these two different temperature-rise tests at each 
load size are then used to linearly interpolate the energy consumption 
required to heat the load by 50 [deg]C. The cooking cycle energy 
consumption for each water load size is then weighted based on consumer 
usage to calculate a weighted-average per-cycle cooking energy 
consumption. The weighting factors specified in IEC Standard 60705-
Edition 4.1 are: 275 g = 3/11; 350 g = 6/11; 1000 g = 2/11.
    In the February 2013 NOPR, DOE presented results from testing to 
evaluate the repeatability of an August 2010 draft version of the IEC 
Standard 60705 water-heating test method for measuring the cooking 
cycle energy consumption.\9\ 78 FR 7940, 7945. The results, presented 
in Table II.5, showed minimal test-to-test variation for each water 
load size.
---------------------------------------------------------------------------

    \9\ The August 2010 draft version IEC Standard 60705 used at the 
time of DOE testing used a smaller test container for the 275 g 
water load (400 ml capacity) than specified in the November 2011 
draft version IEC Standard 60705 and the published IEC Standard 
60705-Edition 4.1 (600 ml capacity). Because the dimensions of the 
test containers are sufficiently similar and the specific heat of 
the glass containers is relatively low compared to that of water, 
DOE determined that the effect on the measured energy use would be 
small and, in particular, the difference in repeatability and 
reproducibility of the two test containers would not be significant.

                                      Table II.5--February 2013 NOPR IEC Standard 60705 Cooking Cycle Test Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Draft revised IEC standard 60705 cooking cycle test
                                                                                         ---------------------------------------------------------------
                                                                                            275 g water     350 g water    1000 g water       Overall
                                                                                               load            load            load          weighted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Energy Consumption (watt-hours (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 noted in the February 2013 NOPR that the European 
Committee for Electrotechnical Standardization (``CENELEC'') conducted 
a round-robin testing program to evaluate the repeatability and 
reproducibility of the draft version of IEC Standard 60705. 78 FR 7940, 
7945. A total of five manufacturer test labs and five independent test 
labs in Europe conducted testing on each of four microwave oven models. 
For the

[[Page 2571]]

measured weighted per-cycle cooking 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 lab-to-lab 
variation was on average 2.30 percent. For the measured weighted 
cooling down energy consumption (i.e., energy consumption in the fan-
only mode), 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. 78 FR 
7940, 7945.
    While IEC Standard 60705-Edition 4.1 was not finalized at the time 
of the February 2013 NOPR, DOE received comments stating that the 
water-heating test method in IEC Standard 60705 is based on extensive 
testing and considered both repeatable and reproducible, and more 
specifically with regard to the CENELEC data, that issues related to 
the test procedures are not unique to United States as microwave ovens 
do not vary significantly across countries. (AHAM, No. 18 at pp. 2-3; 
AHAM, No. 27 at p. 4; \10\ Whirlpool, No. 15 at p. 1 \11\)
---------------------------------------------------------------------------

    \10\ Document No. 27 in Docket No. EERE-2010-BT-TP-0023, 
available for review at http://www.regulations.gov.
    \11\ Document No. 15 in Docket No. EERE-2010-BT-TP-0023, 
available for review at http://www.regulations.gov.
---------------------------------------------------------------------------

    Issue B.2: DOE requests comment on any developments in microwave 
oven testing methods since the February 2013 NOPR that would assist DOE 
in determining whether to develop test procedures that measure active 
mode energy consumption in microwave-only mode. DOE requests comment 
and data on the representativeness, repeatability, reproducibility, and 
testing burdens associated with any suggested test methods. This 
request includes information on any testing experiences with IEC 
Standard-Edition 4.1 since its adoption.
    DOE also notes that the Informative Annex F in IEC Standard 60705-
Edition 4.1 includes a test method for measuring the fan-only mode 
energy consumption of the microwave oven during the cooling down period 
for a period of 15 minutes after the completion of a cooking cycle that 
achieves a water-load temperature-rise of 50 [deg]C. In the February 
2013 NOPR, DOE noted that for all of the products in its test sample, 
which included countertop and over-the-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 to standby mode. However, DOE recognized 
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. As a result, DOE proposed in the February 
2013 NOPR 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. 78 FR 7940, 7945-7946. AHAM opposed 
including a requirement to measure fan-only mode during the cooling 
down period for the following reasons: (1) If DOE pursues an active 
mode test procedure it should harmonize with IEC Standard 60705, which 
includes fan-only mode measurement only in an informative annex and not 
as a mandatory measurement; (2) the fan-only mode test procedure is not 
repeatable and reproducible; and (3) the energy consumed by the fan is 
miniscule, especially compared to the active mode cooking cycle energy 
use. (AHAM, No. 27 at pp. 6-7)
    Issue B.3: DOE requests comment on whether any microwave ovens 
currently on the market operate in fan-only mode during the cooling 
down period after the end of the microwave-only cooking cycle. This 
request includes comments about fan-only mode for all types of fans, 
including exhaust fans, convection fans, and magnetron fans. DOE also 
requests information on manufacturers' experience with the fan-only 
mode test procedure in IEC Standard 60705-Edition 4.1, specifically 
with regard to the repeatability and reproducibility of the test 
method.
b. Convection Microwave Ovens
    In the February 2013 NOPR, DOE proposed test methods for measuring 
the active mode energy consumption of convection microwave ovens. DOE 
proposed to measure the energy consumption of the microwave-only 
cooking mode for convection microwave ovens using the test procedures 
described in section II.B.2.a of this document. DOE also proposed to 
measure the energy consumption of the convection-only cooking mode 
based on the aluminum test block test method specified at the time of 
the February 2013 NOPR in the DOE conventional oven test procedures in 
Appendix I. Finally, DOE proposed to calculate the energy consumption 
of the convection-microwave cooking cycle by apportioning the 
microwave-only mode and convection-only mode energy consumption 
measurements based on typical consumer use. 78 FR 7940, 7947.
    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 measuring the 
convection function of the microwave oven. (AHAM, No. 18 at p. 3; AHAM, 
No. 27 at p. 3; Whirlpool, No. 15 at pp. 4-6)
    Issue B.4. DOE requests any updated shipments data, since the 
February 2013 NOPR, for convection microwave ovens. DOE also requests 
comment on any development of industry standards that measure the 
convection function of a convection microwave oven.
    In the February 2013 NOPR, DOE initially determined that testing 
using actual or simulated food loads does not produce repeatable or 
reproducible results. DOE also understood that using thermocouples 
during a convection-microwave cooking cycle would not be appropriate 
due to safety concerns. As a result, DOE did not propose test methods 
using actual or simulated food loads, or thermocouples, for measuring 
the energy consumption of convection microwave ovens. 78 FR 7940, 7949. 
In lieu of testing using actual or simulated food loads, DOE presented 
test results showing that the proposed aluminum block test method for 
testing in convection-only cooking mode produced repeatable results. 78 
FR 7940, 7948.
    DOE proposed 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. 78 FR 
7940, 7949. DOE further proposed 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. Id.
    AHAM commented that with regard to the proposed aluminum block test 
method that: (1) It would be impossible to get a consistent 
thermocouple reading because the aluminum test block would be rotating 
on the turntable, and (2) the proposed aluminum test block test load 
was not representative of actual consumer food loads in a convection 
microwave oven. (AHAM, No. 27 at pp. 8-10) AHAM also stated, for the 
same reasons discussed in section II.B.2.a of this document, that it 
opposed a fan-only mode energy use measurement. (AHAM, No. 27 at p. 9) 
AHAM

[[Page 2572]]

commented that if DOE were to establish an active mode test procedure 
for microwave ovens and convection microwave ovens, DOE should follow 
the approach taken in IEC Standard 60705 and require measurement of 
only the primary cooking function of convection microwave ovens. AHAM 
added that this approach: (1) Would allow consumers to compare products 
according to how they view them--as microwave ovens; (2) would 
harmonize with the international approach, reducing burden on 
manufacturers; and (3) would not result in a significant loss in energy 
savings because there was not significant technology available to 
reduce energy use in active mode in either the microwave or convection 
functions. (AHAM, No. 27 at pp. 7-8)
    Issue B.5: DOE requests information on any developments since the 
February 2013 NOPR that DOE should consider in determining whether to 
develop test procedures that measure active mode energy consumption for 
convection microwave ovens. Such information could include potential 
test methods for measuring energy use in microwave-only, convection-
only, and convection-microwave cooking modes
c. Installation Configurations for Over-the-Range Microwave Ovens
    As discussed in the February 2013 NOPR, for over-the-range 
microwave ovens, products equipped with a fan designed to vent air out 
of the microwave oven cooking cavity both during the cooking cycle and 
during the fan-only mode cooling down period 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'').\12\ 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. In the 
February 2013 NOPR, DOE proposed to require that over-the-range 
microwave ovens be installed with the exhaust vent/recirculation fan 
installed in the recirculation configuration in accordance with 
manufacturer's instructions. 78 FR 7940, 7946.
---------------------------------------------------------------------------

    \12\ Manufacturer's installation instructions include procedures 
for reconfiguring the vent fan, which typically involve removing an 
external vent fan cover plate, rotating the blower assembly, and 
replacing the cover plate.
---------------------------------------------------------------------------

    AHAM commented in response to the February 2013 NOPR that, to its 
knowledge, for safety reasons manufacturers do not recommend that 
anyone other than trained service technicians disassemble a microwave 
oven. AHAM stated that DOE should require that over-the-range microwave 
ovens be installed in the as-shipped configuration in accordance with 
the manufacturer's instructions. AHAM added that its members stated 
that this would not add test burden to them as their laboratories are 
already capable of testing in both configurations. In addition, AHAM 
stated that it does not expect that the configuration will affect the 
measured energy, and thus, different installation configurations should 
provide consistent measurements across products. (AHAM, No. 27 at p. 5)
    Issue B.6: As DOE considers developing test procedures to measure 
the active mode energy consumption for microwave ovens, DOE seeks 
information on appropriate installation conditions for over-the-range 
microwave ovens. In particular, DOE seeks information on the 
installation requirements for these products, including: (1) Whether 
any products are shipped with the venting fan installed in the outdoor 
venting configuration and (2) whether instructions advise that only 
trained service technicians install these products. In addition, if 
interested parties believe that products should be tested in the as-
shipped configuration, DOE welcomes comment on specific vent 
requirements for products shipped in the outdoor venting configuration 
(e.g., duct dimensions, materials, etc.).
3. Standby Mode and Off Mode Test Methods
a. Displays and Clocks
    The current standby mode and off mode test procedures for microwave 
ovens in Appendix I specify that the microwave oven must be set up in 
accordance with section 5.2 ``Preparation of product'' of IEC 62301 
(Second Edition). This provision requires preparing and setting up the 
microwave oven in accordance with the manufacturer's instructions, and 
if no manufacturer instructions are available, using the factory or 
``default'' settings, or where there are no indications for such 
settings, testing the microwave oven as supplied. For the microwave 
oven standby mode and off mode power measurement, if a microwave oven 
drops from a higher power state to a lower power state, section 3.1.3.1 
in Appendix I requires allowing sufficient time for the microwave oven 
to reach the lower power state before measuring power consumption.
Microwave Ovens With the Option To Turn On/Off the Clock Display
    DOE notes that most manufacturer instructions provide procedures 
for setting the clock display as part of the initial setup of the 
product. DOE is also aware that some microwave ovens available on the 
market may provide the user with the option to turn the clock display 
on or off. DOE notes that in both of these cases, based on the 
provisions in the test procedures, if the manufacturer's instructions 
for the initial setup of the product include instructions to set the 
clock display, then the microwave oven would be tested with the clock 
display powered on, as described above.
    Issue B.7: DOE requests information to help it determine whether 
the standby mode and off mode test procedures for microwave ovens 
should be amended, in particular for microwave ovens with an option to 
turn the display on or off. DOE seeks data on the standby power 
consumption with the display turned on and off. DOE also seeks 
information on the control logic of this function implemented in 
different models. For example, does the display automatically turn on 
and remain on indefinitely after the door is opened or if the microwave 
cooking cycle is operated? DOE requests consumer usage data on how 
frequently consumers power off the clock display when this option is 
available, and on how much consumers value a microwave oven clock 
display that is capable of remaining powered on at all times.
    Issue B.8: DOE seeks additional information regarding how 
manufacturer instructions for the initial setup of the microwave oven 
differ from the default as-shipped settings of the microwave oven, and 
the merits of requiring initial setup in accordance with manufacturer 
instructions versus only requiring testing using the default settings.
Microwave Ovens That Automatically Power Down the Clock Display
    DOE is aware that some microwave ovens available on the market 
automatically power down the display after a period of user inactivity, 
which reduces the standby power consumption of the product. As 
discussed previously, Appendix I requires testing such products after 
the display powers down and reaches a stable state. However, DOE 
recognizes that some manufacturer instructions provide instructions, 
not in the initial setup section, for disabling this feature so that 
the clock/display remains on at all times; others do not provide 
instructions for disabling this feature.
    Issue B.9: DOE seeks information to help it consider whether to 
amend the standby mode and off mode test procedures for microwave ovens 
to

[[Page 2573]]

address microwave ovens with an automatic power-down function. DOE 
seeks information on the control logic of this function implemented in 
different models. In addition, DOE requests consumer usage data on how 
frequently consumers disable the automatic power-down function when 
this feature is available.
    Issue B.10: DOE also requests comment on whether there are any 
other options or features that the current test procedures may not 
clearly delineate how to test, and how to test such options/features.
b. Connected Functions
    DOE is aware of a manufacturer that currently offers one over-the-
range microwave oven model that uses Bluetooth[supreg] technology to 
connect certain control functions to a corresponding Bluetooth-equipped 
conventional range. The Bluetooth connection allows the microwave oven 
to synchronize its clock time to that of the range, and to coordinate 
the operation of the microwave ovens vent fan and/or cooking top 
surface lights with the functional state of the range. For example, 
with this feature enabled, the vent fan or cooking top surface lights 
on the microwave oven can be programmed to automatically turn on 
whenever the cooking top component of the conventional range is in use. 
The products' controls may consume different amounts of energy 
depending on whether the Bluetooth function is enabled or disabled.
    Issue B.11: DOE requests information to help it determine whether 
to amend the standby mode and off mode test procedures to address 
microwave ovens that use Bluetooth technology, including information as 
to suitable test methods. DOE seeks information (such as survey data) 
on whether consumers typically use this Bluetooth connection, when 
available.
    DOE understands that certain consumer cooking products include 
internet connections to allow for additional control functions. In 
these cases, the product controls may consume different amounts of 
energy depending on whether the internet connection is enabled or 
disabled, and if enabled, whether it is connected to a network. DOE is 
not aware of any microwave ovens currently on the market that include 
this feature.
    Issue B.12: DOE requests comment on whether any microwave ovens 
currently available on the market incorporate this feature. If such 
products exist or manufacturers have plans to introduce such products, 
DOE seeks comment on: (1) Details about why this feature is useful, (2) 
the potential energy impacts of microwave ovens equipped with a 
connected configuration, and (3) appropriate energy-related settings to 
use for testing.
4. Integrated Annual Energy Use Metric
    The current DOE energy conservation standards for microwave ovens 
are based on standby power consumption, in watts. 10 CFR 430.32(j)(3). 
EPCA requires that, if DOE develops active mode test procedures for 
microwave ovens, it must also incorporate active mode, standby mode, 
and off mode energy use into a single energy use metric, unless it is 
technically infeasible to do so. (42 U.S.C. 6295(gg)(2)(A))
    Issue B.13: DOE welcomes input that would help it consider methods 
for calculating integrated annual energy use. DOE requests comment on 
the technical feasibility of establishing an integrated annual energy 
use metric for microwave ovens that incorporates active mode, standby 
mode, and off mode energy use. DOE also seeks data on the consumer 
usage habits for each available operating mode for both microwave-only 
ovens and convection microwave ovens.

C. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for microwave ovens not already addressed in this document. DOE 
particularly seeks information that would improve the repeatability, 
and reproducibility, as well as the ability of the test procedures to 
provide results that are representative of actual use. DOE also 
requests information that would help DOE create a procedure that would 
limit manufacturer test burden through streamlining or simplifying 
testing requirements. Comments regarding the repeatability and 
reproducibility are also welcome.
    DOE also requests feedback on any potential amendments to the 
existing test procedure(s) that could be considered to address impacts 
on manufacturers, including small businesses. Regarding the Federal 
test method, DOE seeks comment on the degree to which the DOE test 
procedure should consider and be harmonized with the most recent 
relevant industry standards for microwave ovens and whether there are 
any changes to the Federal test method that would provide additional 
benefits to the public. DOE also requests comment on the benefits and 
burdens of adopting any industry/voluntary consensus-based or other 
appropriate test procedure, without modification. As discussed in 
sections II.B.2.a and II.B.3 of this document, DOE is aware of the IEC 
test procedure, IEC Standard 60705, which includes tests for measuring 
energy use in microwave-only cooking mode for microwave ovens, and IEC 
Standard 62301, which includes tests for measuring the power 
consumption in standby mode and off mode. IEC Standard 60705 also 
includes an informative annex, which specifies a test method for 
measuring the fan-only mode energy consumption of microwave ovens 
during a cooling down period after the completion of a cooking cycle.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to consumers on microwave ovens. DOE particularly seeks 
information on how the test procedures could be amended to reduce the 
cost of new or additional features and make it more likely that such 
features are included on microwave ovens.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by February 
20, 2018, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's consideration of amended test 
procedures for microwave ovens. These comments and information will aid 
in the development of a test procedure NOPR for microwave ovens if DOE 
determines that amended test procedures may be appropriate for these 
products.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. 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. Persons viewing comments will see only

[[Page 2574]]

first and last names, organization names, correspondence containing 
comments, and any documents submitted with the comments.
    Do not submit to http://www.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 http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.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 http://www.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 http://www.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 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 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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process, the subject of this notice, or any 
other questions with regards to the Federal test procedures for 
microwaves should contact Appliance and Equipment Standards Program 
staff at (202) 287-1445 or via email at 
<a href="/cdn-cgi/l/email-protection#c584b5b5a9aca4aba6a096b1a4aba1a4b7a1b694b0a0b6b1acaaabb685a0a0eba1aaa0eba2aab3"><span class="__cf_email__" data-cfemail="6c2d1c1c00050d020f093f180d02080d1e081f3d19091f180503021f2c090942080309420b031a">[email protected]</span></a>.

    Issued in Washington, DC, on December 14, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2018-00776 Filed 1-17-18; 8:45 am]
 BILLING CODE 6450-01-P


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