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.

Proposed Rules Federal Register

41759 

Vol. 86, No. 146 

Tuesday, August 3, 2021 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0024] 

RIN 1904–AE01 

Energy Conservation Program: Test 

Procedure for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking and request for 

comment. 

SUMMARY: On November 14, 2019, the 

U.S. Department of Energy (‘‘DOE’’) 

published a notice of proposed 

rulemaking (‘‘NOPR’’) for the test 

procedure for microwave ovens. 

Following receipt of comments, DOE is 

publishing this supplemental notice of 

proposed rulemaking (‘‘SNOPR’’) for the 

limited purpose of clarifying the current 

procedure for testing a microwave oven 

that has a connected (i.e., network) 

function, which is generally to disable 

the connected function when measuring 

standby mode power consumption. 

Further, DOE proposes to explicitly 

specify in its test procedure that standby 

power be measured with the connected 

function enabled if the means for 

disabling the network function are not 

provided in the manufacturer’s user 

manual. DOE is seeking comment from 

interested parties on the proposal. 

DATES: DOE will accept comments, data, 

and information regarding this proposal 

no later than September 2, 2021. See 

section V, ‘‘Public Participation,’’ for 

details. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

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: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to MWO2017TP0024@

ee.doe.gov. Include docket number 

EERE–2017–BT–TP–0024 in the subject 

line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

V of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing Covid–19 pandemic. DOE is 

currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the Covid–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts (if a public 

meeting is held), comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

www.regulations.gov/ 

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

docket web page contains instructions 

on how to access all documents, 

including public comments, in the 

docket. See section V for information on 

how to submit comments through 

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–2J, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1943. Email 

MWO2017TP0024@ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1445. Email: 

Celia.Sher@hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in a public meeting (if one is held), 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Synopsis of the Notice of Proposed 

Rulemaking 

III. Discussion 

A. Connected Functions 

B. Compliance Date 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Description of Materials Incorporated 

by Reference 

V. Public Participation 

A. Submission of Comments 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

‘‘Kitchen ranges and ovens,’’ which 

include microwave ovens, are included 

in the list of ‘‘covered products’’ for 

which DOE is authorized to establish 

and amend energy conservation 

standards and test procedures. (42 

U.S.C. 6292(a)(10)) DOE’s energy 

conservation standard for microwave 

ovens is currently prescribed at title 10 

of the Code of Federal Regulations 

(‘‘CFR’’) part 430 section 430.32(j). 

Currently, the energy conservation 


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1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

2For editorial reasons, upon codification in the 

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

3 IEC 62301, Household electrical appliances— 

Measurement of standby power (Edition 2.0, 2011– 

01). 

4 IEC 62087, Methods of measurement for the 

power consumption of audio, video, and related 

equipment (Edition 3.0, 2011–04). 

5 DOE has historically provided a 75-day 

comment period for test procedure NOPRs pursuant 

to the North American Free Trade Agreement, U.S.- 

Canada-Mexico (‘‘NAFTA’’), Dec. 17, 1992, 32 

I.L.M. 289 (1993); the North American Free Trade 

Agreement Implementation Act, Public Law 103– 

182, 107 Stat. 2057 (1993) (codified as amended at 

10 U.S.C.A. 2576) (1993) (‘‘NAFTA Implementation 

Act’’); and Executive Order 12889, ‘‘Implementation 

of the North American Free Trade Agreement,’’ 58 

FR 69681 (Dec. 30, 1993). However, on July 1, 2020, 

the Agreement between the United States of 

America, the United Mexican States, and the United 

Canadian States (‘‘USMCA’’), Nov. 30, 2018, 134 

Stat. 11 (i.e., the successor to NAFTA), went into 

effect, and Congress’s action in replacing NAFTA 

through the USMCA Implementation Act, 19 U.S.C. 

4501 et seq. (2020), implies the repeal of E.O. 12889 

and its 75-day comment period requirement for 

technical regulations. Thus, the controlling laws are 

EPCA and the USMCA Implementation Act. 

Consistent with EPCA’s public comment period 

requirements for consumer products, the USMCA 

only requires a minimum comment period of 60 

days. In the present case, DOE initially provided 60 

days for comment on the proposed rulemaking. 84 

FR 61835 (Nov. 11, 2019). DOE is providing an 

additional 30-day comment period for the 

supplemental proposal presented in this document. 

standard for microwave ovens addresses 

standby mode and off mode power use 

only. DOE’s test procedures for 

microwave ovens are prescribed at 10 

CFR 430.23(i) and appendix I to subpart 

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

The following sections discuss DOE’s 

authority to establish test procedures for 

microwave ovens and relevant 

background information regarding 

DOE’s consideration of test procedures 

for this product. 

A. Authority 

The Energy Policy and Conservation 

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

DOE to regulate the energy efficiency of 

a number of consumer products and 

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

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

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency. These 

products include microwave ovens, the 

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

6292(a)(10)) 

The energy conservation program 

under EPCA consists essentially of four 

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

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

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

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

U.S.C. 6294), energy conservation 

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

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

The 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)) 

Federal energy efficiency 

requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy conservation testing, 

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

DOE may, however, grant waivers of 

Federal preemption for particular State 

laws or regulations, in accordance with 

the procedures and other provisions of 

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

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

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA 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, EPCA requires that DOE 

amend its test procedures for all covered 

products to integrate measures of 

standby mode and off mode energy 

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

Standby mode and off mode energy 

consumption must be incorporated into 

the overall energy efficiency, energy 

consumption, or other energy descriptor 

for each covered product unless the 

current test procedures already account 

for and incorporate standby mode and 

off mode energy consumption or 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 technically 

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

Any such amendment must consider the 

most current versions of the 

International Electrotechnical 

Commission (‘‘IEC’’) Standard 62301 3

and IEC Standard 62087 4 as applicable. 

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

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 her 

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.5 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 

SNOPR in accordance with the 7-year 

review requirement specified in EPCA. 

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

B. Background 

On November 14, 2019, DOE 

published a NOPR (‘‘November 2019 

NOPR’’) that, in part, proposed to 

amend the standby mode test procedure 

of microwave ovens to explicitly 

provide that microwave ovens with 

connected functions (e.g., microwave 

ovens that use Bluetooth® technology, 

Wi-Fi, or internet connections) are to be 

tested with network functions disabled. 

84 FR 61836, 61843. DOE further 

proposed that if the connected function 

cannot be disabled per manufacturer’s 

instructions in the owner’s manual (e.g., 

by pressing a button on the microwave 

oven’s control panel), the energy use of 

such connected function need not be 


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6The transcript of the public meeting is available 

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

BT-TP-0024-0011. 

7The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking for the test procedure for microwave 

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

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

references are arranged as follows: (commenter 

name, comment docket ID number, page of that 

document). 

reported to DOE nor used in 

determining compliance with the 

applicable energy conservation 

standard. Id. Aside from an alternative 

approach of generally subtracting the 

energy use of the network functions 

from the standby mode energy 

measurement, DOE did not propose a 

specific test method or calculation for 

disaggregating energy use from a 

connected function from standby energy 

use in those instances in which the 

connected function cannot be disabled 

per manufacturer’s instructions. DOE 

held a public meeting via a webinar to 

present the proposed amendments and 

provide stakeholders an opportunity to 

comment.6

DOE received comments in response 

to the November 2019 NOPR from the 

interested parties listed in Table I.1. 

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

Organization(s) Reference in this SNOPR Organization type 

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

California Investor Owned Utilities (Pacific Gas and Electric Company, San Diego 

Gas and Electric, and Southern California Edison).

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

Natural Resources Defense Council, Appliance Standards Awareness Project, 

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

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

Joint Commenters ............. Efficiency Organizations. 

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

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.7 This SNOPR addresses 

only those comments relevant to the 

proposals laid out in this document; all 

other relevant comments will be 

addressed in a future test procedure 

final rule for microwave ovens. 

II. Synopsis of the Notice of Proposed 

Rulemaking 

In this SNOPR, DOE revises its 

November 2019 NOPR proposal for 

testing microwave ovens with a 

connected function and specifies 

explicitly that if the manufacturer’s user 

manual does not provide a means for 

disabling the network function, the 

microwave oven is tested with the 

network function in the factory default 

setting or in the as-shipped condition. 

DOE has tentatively determined that 

this approach to testing microwave 

ovens with a connected function would 

not impact the measured standby energy 

use of a microwave oven nor impact the 

cost of testing. Discussion of DOE’s 

proposed actions are addressed in detail 

in section III of this SNOPR. 

III. Discussion 

A. Connected Functions 

As stated, the energy conservation 

standard for microwave ovens at 10 CFR 

430.23(i) and the test procedure at 

Appendix I address standby mode and 

off mode energy use only. In 

establishing the standby energy test 

procedures for dishwashers, 

dehumidifiers, and conventional 

cooking products, DOE explicitly stated 

that it was not including the energy use 

associated with a connected function 

based on the lack of data on their 

functionality, but that DOE may 

consider addressing such energy use as 

data becomes available. 77 FR 65942, 

65954 (Oct. 31, 2012). DOE’s most 

recent test procedure for microwave 

ovens did not address network 

functionality. 81 FR 91418 (Dec. 16, 

2016). 

Section 2.1.3 of Appendix I generally 

specifies that a microwave oven must be 

installed in accordance with paragraph 

5.2 of IEC Standard 62301, ‘‘Household 

electrical appliances—Measurement of 

standby power,’’ Edition 2.0, 2011–01 

(IEC Standard 62301 (Second Edition)), 

which states that the product must be 

prepared and setup in accordance with 

manufacturer’s instructions, and if no 

instructions for use are available, then 

factory or default settings must be used, 

or if such settings are not indicated, the 

product must be tested as supplied. 

DOE recognizes that there may be some 

confusion as to how the direction in 

section 2.1.3 applies to connected 

functions. In order to minimize 

potential confusion, DOE proposed to 

include explicit instruction in 

Appendix I to disable a connected 

function, if present. 84 FR 61836, 61843. 

AHAM and Whirlpool expressed 

support for disabling connected features 

during testing. (AHAM, No. 15 at p. 4; 

Whirlpool, No. 16 at p. 1) AHAM stated 

that connected functionalities, 

consumers’ usage, and understanding of 

such features are still developing, and 

that regulating such features could stifle 

innovation, increase regulatory burden, 

and prevent manufacturers from 

including them. (AHAM, No. 15 at p. 4) 

AHAM further commented that 

connected features can add energy 

saving benefits to consumers, increase 

energy efficiency of the grid, help 

utilities increase demand response, and 

facilitate renewable energy sources; 

however, because connected products 

are still in early stages of development 

with limited market penetration, no 

meaningful data on consumer use is 

available yet. (AHAM, No. 15 at p. 4) 

CA IOUs disagreed with excluding the 

energy use from connected functions, 

stating that connected functions could 

qualify under EPCA’s definition of 

standby mode by remotely facilitating 

the activation or deactivation of 

functions, including active mode. (CA 

IOUs, No. 14 at p. 1) CA IOUs further 

suggested that DOE consider California 

Energy Commission’s (‘‘CEC’s’’) low 

power mode data collection 

requirements, as well as low power 

requirements by the European Union 

(‘‘EU’’) and other jurisdictions, when 

investigating how to regulate connected 

functions’ power consumption. (CA 

IOUs, No. 14 at p. 2) 

The Joint Commenters opposed 

excluding the energy use from 

connected functions, stating that this 

approach would deny consumers 

accurate information about microwave 

ovens’ energy usage. (Joint Commenters, 

No. 13 at p. 3) The Joint Commenters 

stated that a growing number of 

connected features are being added to 

products, and that their energy 

consumption can vary widely. The Joint 

Commenters cited Natural Resources 

Defense Council research data showing 

a wide variation in the standby mode 

energy consumption of connected 

functions on televisions, ranging from 1 

watt (‘‘W’’) on some models to 20 W on 

others. (Joint Commenters, No. 13 at pp. 


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8Available at https://efiling.energy.ca.gov/Lists/ 

DocketLog.aspx?docketnumber=17-AAER-12. 

9Available at https://ec.europa.eu/info/energyclimate-change-environment/standards-tools-andlabels/products-labelling-rules-and-requirements/ 

energy-label-and-ecodesign/energy-efficientproducts/mode-standby-and-networked-standby_

en. 

3–4) The Joint Commenters further 

asserted that DOE’s exclusion of energy 

use from connected features in the test 

procedure harms consumers and 

manufacturers that implemented these 

features efficiently. (Joint Commenters, 

No. 13 at p. 4) The Joint Commenters 

urged DOE to undertake its own 

investigation of the energy use of 

connected features. (Joint Commenters, 

No. 13 at p. 4) 

DOE is aware of microwave ovens on 

the market with connected functionality 

to communicate with other cooking 

products, such as a range, or with a 

consumer, either via voice commands or 

a smartphone or other device. Such a 

feature could consume additional 

energy use, depending on how it is 

implemented in the product’s controls. 

However, DOE lacks sufficient data to 

design a test procedure that measures 

the energy use associated with a 

connected function that is 

representative of average use, as 

required by EPCA. (See 42 US.C. 

6293(b)(3)) As stated in the November 

2019 NOPR, for a unit that is connected 

to the internet, the speed and 

configuration of an internet connection 

could also impact the energy consumed 

by the device. 84 FR 61836, 61843. 

Based on a review of manufacturer 

websites and user manuals of various 

appliances, as well as testing conducted 

in-house and at third-party laboratories, 

connected features in microwave ovens 

are also implemented in a variety of 

ways across different brands similar to 

the Joint Commentators findings with 

regards to the implementation of 

standby mode in televisions. Id. Further, 

the design and operation of these 

features is continuously evolving as the 

nascent market begins to grow for these 

products. Id. 

In addition, DOE notes that the CEC’s 

low power mode open rulemaking 8 is 

still in an early development stage, 

during which CEC is actively seeking 

stakeholder feedback. CEC’s stated goal 

for the low power mode open 

rulemaking is to develop a test 

procedure for low power mode energy 

consumption across a wide variety of 

products. 

DOE notes that CEC’s draft test 

procedure does not measure the energy 

consumption of the individual network 

components of connected devices. 

Similarly, the EU’s regulation on low 

power modes 9 also does not address 

how to individually measure the energy 

consumption of the network 

components of connected devices; 

rather, it requires measuring the device 

energy consumption as a whole and 

provides a 0.5 W maximum power 

allowance for standby mode and off 

mode, or 1.0 W maximum standby 

power for units with a display. The EU’s 

regulation also provides design 

requirements for networked standby 

mode, requiring connected devices to 

automatically switch to a networked 

standby mode when not in use. 

DOE is not aware of any data 

available, nor did interested parties 

provide any such data, regarding the 

consumer use of connected features. 

Absent such data, DOE is unable to 

establish a representative test 

configuration for assessing the energy 

consumption of connected functionality 

for microwave ovens. Therefore, DOE is 

proposing explicit language to require a 

connected function be disabled, where 

possible. 

DOE requests information and data on 

the consumer use of connected 

functions. 

In the November 2019 NOPR, DOE 

proposed a test procedure provision to 

address instances in which a user 

manual does not provide for disabling a 

connected function. 84 FR 61836, 

61843. DOE proposed that in such an 

instance, the energy use associated with 

a connection function need not be 

reported to DOE nor used in 

determining compliance with the 

applicable energy conservation 

standard. Id. DOE recognized that 

alternative approaches could be 

considered to address the issue of 

microwave ovens that do not provide a 

means for disabling connected 

functionality and suggested that one 

such approach could be to require the 

energy use of the network function to be 

measured and subtracted from the 

standby mode energy measurement. Id. 

However, DOE did not propose a 

specific method for determining the 

energy associated with a connected 

function so that it could be 

disaggregated from the measured 

standby energy use. 

In certain microwave oven models, 

the circuitry that enables connected 

functions can be tightly integrated into 

the circuitry that provides core 

functionality. In these conditions, 

disabling connected functions would 

require extensive reconfiguration of a 

microwave oven’s circuitry. For such a 

model, with no means for the consumer 

to disable the connected functions, a 

test procedure that is ‘‘reasonably 

designed to produce test results which 

measure [the] energy use’’ of that model 

‘‘during a representative average use 

cycle or period of use’’ would include 

the energy used by the connected 

functions. The same would be true of 

any energy-consuming function that a 

manufacturer might add to a model 

without allowing it to be disabled. 

Therefore, DOE is proposing to 

explicitly state in Appendix I that if 

manufacturer instructions provided in a 

microwave oven’s user manual do not 

provide for disabling a connected 

function, the standby power test 

procedure is conducted with the 

connected function in the ‘‘as-shipped’’ 

condition. 

To the extent that manufacturer 

instructions do not provide for disabling 

a connected function, this proposal is 

consistent with the current test 

procedure in Appendix I. Section 2.1.1 

of Appendix I specifies that a 

microwave oven must be installed in 

accordance with paragraph 5.2 of IEC 

62301 (Second Edition), which states 

that the product must be prepared and 

setup in accordance with 

manufacturer’s instructions; and if no 

instructions are available, then the unit 

must be tested using factory or default 

settings, or, in case such settings are not 

indicated, the product must be tested as 

supplied. 

DOE requests comment on the 

proposed requirements for testing 

microwave ovens with network function 

in the ‘‘as-shipped’’ condition if the 

manufacturer instructions do not 

provide for disabling such function. 

DOE is maintaining its proposal from 

the November 2019 NOPR regarding the 

standby power provisions related to 

microwave oven clock display and will 

address this proposal in a future test 

procedure final rule. 84 FR 61836, 

61841–61842. 

B. Compliance Date 

EPCA prescribes that, if DOE amends 

a test procedure, all representations of 

energy efficiency and energy use, 

including those made on marketing 

materials and product labels, must be 

made in accordance with that amended 

test procedure, beginning 180 days after 

publication of such a test procedure 

final rule in the Federal Register. (42 

U.S.C. 6293(c)(2)) DOE proposes to add 

an introductory note to Appendix I 

specifying that prior to the date 180 

days after publication of a final rule, 

representations with respect to the 

energy use or efficiency of a microwave 

oven, including compliance 

certifications, must be based on testing 

conducted in accordance with either the 


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test procedure as amended by the final 

rule, or Appendix I as it appeared as of 

January 1, 2021. Beginning on the date 

180 days after publication of a final rule, 

representations with respect to energy 

use or efficiency of a microwave oven, 

including compliance certifications, 

would be required to be based on testing 

conducted in accordance with the test 

procedure as amended by the final rule. 

If DOE were to publish an amended 

test procedure, EPCA provides an 

allowance for individual manufacturers 

to petition DOE for an extension of the 

180-day period if the manufacturer may 

experience undue hardship in meeting 

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

receive such an extension, petitions 

must be filed with DOE no later than 60 

days before the end of the 180-day 

period and must detail how the 

manufacturer will experience undue 

hardship. Id. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(‘‘OMB’’) has determined that this 

proposed test procedure rulemaking 

does not constitute a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order (‘‘E.O.’’) 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 OMB. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of an initial regulatory flexibility 

analysis (‘‘IRFA’’) 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 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website: https://energy.gov/ 

gc/office-general-counsel. 

DOE reviewed this proposal to amend 

the test procedures for microwave ovens 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that this proposed 

rule does not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification is set forth in 

the following paragraphs. 

DOE uses the Small Business 

Administration’s (‘‘SBA’’) small 

business size standards to determine 

whether manufacturers qualify as small 

businesses, which are listed by the 

North American Industry Classification 

System (‘‘NAICS’’) and are available at 

www.sba.gov/document/support-tablesize-standards. The SBA considers a 

business entity to be a small business, 

if, together with its affiliates, it employs 

less than a threshold number of workers 

specified in 13 CFR part 121. The 

NAICS code for microwave ovens is 

335220, major household appliance 

manufacturing. The threshold number 

for NAICS code 335220 is 1,500 

employees. This employee threshold 

includes all employees in a business’s 

parent company and any other 

subsidiaries. 

Most of the manufacturers supplying 

microwave ovens are either large 

multinational corporations or overseas 

microwave oven original equipment 

manufacturers (‘‘OEMs’’) that 

manufacture microwave ovens sold 

under another company’s brand. DOE 

conducted a focused inquiry into small 

business manufacturers of products 

covered by this rulemaking. DOE 

primarily used DOE’s Compliance 

Certification Database for microwave 

ovens to create a list of companies that 

sell microwave ovens covered by this 

rulemaking in the United States. DOE 

also used the California Energy 

Commission’s database, Modernized 

Appliance Efficiency Database System, 

to correlate brands with OEMs. DOE 

identified a total of 48 distinct 

companies that manufacture or import 

microwave ovens in the United States. 

DOE then reviewed these companies 

to determine whether the entities met 

the SBA’s definition of ‘‘small business’’ 

and screened out any companies that do 

not manufacture products covered by 

this rulemaking, do not meet the 

definition of a ‘‘small business,’’ or are 

foreign-owned and operated. Based on 

this review, DOE identified one 

potential small business that 

manufactures microwave ovens in the 

United States. 

The amendments proposed in this 

SNOPR would provide more explicit 

direction for the testing of microwave 

ovens with a connected function. The 

test procedure amendments proposed in 

this SNOPR are consistent with the 

current test procedure in Appendix I 

and do not affect the small business 

manufacturer because it does not make 

microwave ovens with network 

functions. 

Therefore, DOE initially concludes 

that the impacts of the proposed test 

procedure amendments proposed in this 

SNOPR would not have a ‘‘significant 

economic impact on a substantial 

number of small entities,’’ and that the 

preparation of an IRFA is not warranted. 

DOE will transmit the certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration 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. To certify 

compliance, manufacturers must first 

obtain test data for their products 

according to the DOE test procedures, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment, 

including microwave ovens. (See 

generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

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

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The proposal in this SNOPR would 

not amend the existing reporting 

requirements or establish new reporting 

requirements for manufacturers of 

microwave ovens. 

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 

DOE is analyzing this proposed 

regulation in accordance with the 

National Environmental Policy Act of 

1969 (‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 


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41764 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 

1021). DOE’s regulations include a 

categorical exclusion for rulemakings 

interpreting or amending an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 10 CFR part 

1021, subpart D, Appendix A5. DOE 

anticipates that this rulemaking 

qualifies for categorical exclusion A5 

because it is an interpretive rulemaking 

that does not change the environmental 

effect of the rule and otherwise meets 

the requirements for application of a 

categorical exclusion. See 10 CFR 

1021.410. DOE will complete its NEPA 

review before issuing the final rule. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE 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 this 

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 

www.energy.gov/gc/office-generalcounsel. DOE examined this 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 

proposed 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 proposed 

regulation would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

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

Memorandum M–19–15, Improving 

Implementation of the Information 

Quality Act (April 24, 2019), DOE 

published updated guidelines which are 

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

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

%20Updated%20IQA%20Guidelines

%20Dec%202019.pdf. DOE has 

reviewed this 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 


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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 41765 

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. 

The proposed 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 Department 

of Energy Organization Act (Pub. L. 95– 

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

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

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

788; ‘‘FEAA’’) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (‘‘FTC’’) 

concerning the impact of the 

commercial or industry standards on 

competition. 

DOE is not proposing any new 

incorporations by reference of 

commercial standards in this SNOPR. 

The proposed modifications to the test 

procedure for microwave ovens in this 

SNOPR do not incorporate any new 

commercial standard. 

M. Description of Materials 

Incorporated by Reference 

The proposal in this SNOPR would 

maintain the previously approved 

incorporation by reference of IEC 

Standard 62301, ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ Edition 2.0, 2011–01 (IEC 

Standard 62301 (Second Edition)). The 

incorporation by reference of IEC 62301 

(Second Edition) in appendix I to 

subpart B of 10 CFR part 430 has 

already been approved by the Director 

of the Federal Register and there are no 

proposed changes to the incorporation 

by reference in this SNOPR. 

V. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule 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 

document. 

Submitting comments via 

www.regulations.gov. The 

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 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to 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 

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 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 www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

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. No 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. 

Pursuant 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 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. DOE 


jbell on DSKJLSW7X2PROD with PROPOSALS
41766 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

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). 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this supplemental notice 

of proposed rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on July 22, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 23, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

part 430 of Chapter II of Title 10, Code 

of Federal Regulations as set forth 

below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Appendix I to subpart B of part 430 

is amended by: 

■ a. Adding an introductory note; and 

■ b. Revising section 2.1.1; 

The addition and revision read as 

follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Cooking 

Products 

Note: Prior to [Date 180 days after 

publication of a final rule], representations 

with respect to the energy use or efficiency 

of a microwave oven, including compliance 

certifications, must be based on testing 

conducted in accordance with either this 

appendix as it now appears or appendix I as 

it appeared at 10 CFR part 430, subpart B 

revised as of January 1, 2021. Beginning on 

[Date 180 days after publication of a final 

rule] representations with respect to energy 

use or efficiency of a microwave oven, 

including compliance certifications, must be 

based on testing conducted in accordance 

with this appendix. 

* * * * * 

2.1.1 Microwave ovens, excluding any 

microwave oven component of a combined 

cooking product. Install the microwave oven 

in accordance with the manufacturer’s 

instructions and connect to an electrical 

supply circuit with voltage as specified in 

section 2.2.1 of this appendix. Install the 

microwave oven in accordance with section 

5, paragraph 5.2 of IEC 62301 (Second 

Edition) (incorporated by reference; see 

§ 430.3), disregarding the provisions 

regarding batteries and the determination, 

classification, and testing of relevant modes. 

If the microwave oven can communicate 

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

internet connection), disable the network 

function, by means provided in the 

manufacturer’s user manual, for the duration 

of testing. If the manufacturer’s user manual 

does not provide a means for disabling the 

network function, test the microwave oven 

with the network function in the factory 

default setting or in the as-shipped condition 

as instructed in Section 5, Paragraph 5.2 of 

IEC 62301 (Second Edition). The clock 

display must be on, regardless of 

manufacturer’s instructions or default setting 

or supplied setting. The clock display must 

remain on during testing, unless the clock 

display powers down automatically with no 

option for the consumer to override this 

function. Install a watt meter in the circuit 

that meets the requirements of section 2.6.1.1 

of this appendix. 

* * * * * 

[FR Doc. 2021–16023 Filed 8–2–21; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 330 

RIN 3064–AF27 

Simplification of Deposit Insurance 

Rules 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Deposit 

Insurance Corporation is seeking 

comment on proposed amendments to 

its regulations governing deposit 

insurance coverage. The proposed rule 

would simplify the deposit insurance 

regulations by establishing a ‘‘trust 

accounts’’ category that would provide 

for coverage of deposits of both 

revocable trusts and irrevocable trusts, 

and provide consistent deposit 

insurance treatment for all mortgage 

servicing account balances held to 

satisfy principal and interest obligations 

to a lender. 

DATES: Comments will be accepted until 

October 4, 2021. 

ADDRESSES: You may submit comments 

on the notice of proposed rulemaking 

using any of the following methods: 

• Agency Website: https://

www.fdic.gov/resources/regulations/ 

federal-register-publications/. Follow 

the instructions for submitting 

comments on the agency website. 

• Email: comments@fdic.gov. Include 

RIN 3064–AF27 on the subject line of 

the message. 

• Mail: James P. Sheesley, Assistant 

Executive Secretary, Attention: 

Comments-RIN 3064–AF27, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW, Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand delivered to the guard station at 

the rear of the 550 17th Street NW 

building (located on F Street) on 

business days between 7 a.m. and 5 p.m. 

• Public Inspection: All comments 

received, including any personal 

information provided, will be posted 

generally without change to https://

www.fdic.gov/resources/regulations/ 

federal-register-publications/. 

FOR FURTHER INFORMATION CONTACT: 

James Watts, Counsel, Legal Division, 

(202) 898–6678, jwatts@fdic.gov; 

Kathryn Marks, Counsel, Legal Division, 

(202) 898–3896, kmarks@fdic.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Simplification of Deposit Insurance Trust 

Rules 

A. Policy Objectives 


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