Sent: Friday, February 17, 2012 8:46 AM

To: Anderson, Wes

Cc: kmessner@aham.org ; Jennifer Cleary; Richard A Howard; Nick I Gillespie Subject: Cooking Products Definition Issue

Wes:

On December 12, 2011, I met with you and provided photographs of a KitchenAid built-in oven. This family of products has two separate cooking ca vities, one MWO-only and one conventional-only. Both are controlled by a single control panel. In wr itten comments submitted on December 22, 2011 we provided data to show that the conventional oven is the predominant energy user (10 times the MWO cavity energy consumption) and requested that DOE clarify that this product is classified as a conventional oven and is subject to the test procedures and standard of such a product.

Our request would be consistent with the DOE verbiage in the March 9, 2011 Interim Final Rule for MWO.

In this document DOE states: "DOE determined that the test procedure would not apply to the type of cooking appliance classified by DOE regulations as a microwave/conventional range, which has separate compartments or components consisting of a microwave oven, a conventi onal oven, and a conventional cooking top. Id. at 12830. DOE noted that it will evaluate any diffe rences among microwave ovens an d combination microwave ovens, including installation configurations and heating featur es that may warrant different product classes or energy conservation standards during its microw ave oven standards rulemaking. . . . . . . Because the test procedure applies only to microwave ovens and not to microwave/conventional ranges, a free-standing range with microwave capability in one compartment and a conventional oven in a separate compartment would not be a covered product under this rulemaking. Additionally, a range incorporating a single compartment with microwave capability and other cooking or heating means, along with a conventional cooking top, would not be considered a covered product because the cooking top portion would exclude the range from the relevant portion of the definition of ‘‘microwave oven’’ ( e.g., a compartment designed to cook or heat food by means of microwave energy.)" {emphasis added}

This clarifies that a free-standing version of the product in question is not a covered product. However, it

does not address built-in ovens with separate MWO and conventional cavities. We believe that DOE

must be consistent in it's tr eatment of similar products.

In the February 14, 2012 SNOPR DOE stated:

"As discussed in the March 2011 TP Interim Final Ru le, DOE amended the definition of microwave oven in 10 CFR 430.2 to clarify that it includes microwav e ovens with or without thermal elements designed for surface browning of food and combination ovens. DOE also discussed its determination that all ovens equipped with microwave capability would be consider ed a covered product, regardless of which cooking mode (i.e. , radiant heating or microwave energy) is primary. Based on its preliminary analysis, DOE concluded that the general standby mode and off mode operation for microwave ov ens that incorporate other means of cooking food does not differ from that of microwave-only units. As a result, DOE amended the microwave oven test pr ocedure to require that the same st andby mode and off mode testing methods

be used for all microwave ovens."

This is not consistent with the March 9, 2011 stat ement. The primary mode of energy consumption must determine the classification of the product.. That w ould be clear, fair and consistent with previous DOE

statements.

We can address this concern in our written comment s, however, any guidance you can provide at this time will help us to better focus t hose comments. Can you please advise your views on this matter?

Thanx!!

## ■ J.B. HOYT // DIRECTOR, SUSTAINABILITY & REGULATORY AFFAIRS

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