83_FR_2578 83 FR 2566 - Energy Conservation Program: Test Procedure for Microwave Ovens

83 FR 2566 - Energy Conservation Program: Test Procedure for Microwave Ovens

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 12 (January 18, 2018)

Page Range2566-2574
FR Document2018-00776

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).

Federal Register, Volume 83 Issue 12 (Thursday, January 18, 2018)
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Proposed Rules]
[Pages 2566-2574]
From the Federal Register Online  [www.thefederalregister.org]
[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 MWO2017TP0024@ee.doe.gov. 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: 
ApplianceStandardsQuestions@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) 287-6122. Email: Celia.Sher@hq.doe.gov.
    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: 
ApplianceStandardsQuestions@ee.doe.gov.

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 
ApplianceStandardsQuestions@ee.doe.gov.

    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



                                                  2566

                                                  Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                 Vol. 83, No. 12

                                                                                                                                                                 Thursday, January 18, 2018



                                                  This section of the FEDERAL REGISTER                       2. Email: to MWO2017TP0024@                         GC–33, 1000 Independence Avenue SW,
                                                  contains notices to the public of the proposed          ee.doe.gov. Include docket number                      Washington, DC 20585–0121.
                                                  issuance of rules and regulations. The                  EERE–2017–BT–TP–0024 in the subject                    Telephone: (202) 287–6122. Email:
                                                  purpose of these notices is to give interested          line of the message.                                   Celia.Sher@hq.doe.gov.
                                                  persons an opportunity to participate in the               3. Postal Mail: Appliance and                         For further information on how to
                                                  rule making prior to the adoption of the final                                                                 submit a comment or review other
                                                                                                          Equipment Standards Program, U.S.
                                                  rules.
                                                                                                          Department of Energy, Building                         public comments and the docket,
                                                                                                          Technologies Office, Mailstop EE–5B,                   contact the Appliance and Equipment
                                                  DEPARTMENT OF ENERGY                                    1000 Independence Avenue SW,                           Standards Program staff at (202) 287–
                                                                                                          Washington, DC 20585–0121.                             1445 or by email:
                                                  10 CFR Parts 429 and 430                                Telephone: (202) 287–1445. If possible,                ApplianceStandardsQuestions@
                                                                                                          please submit all items on a compact                   ee.doe.gov.
                                                  [EERE–2017–BT–TP–0024]
                                                                                                          disc (‘‘CD’’), in which case it is not                 SUPPLEMENTARY INFORMATION:
                                                  Energy Conservation Program: Test                       necessary to include printed copies.
                                                                                                             4. Hand Delivery/Courier: Appliance                 Table of Contents
                                                  Procedure for Microwave Ovens
                                                                                                          and Equipment Standards Program, U.S.                  I. Introduction
                                                  AGENCY:  Office of Energy Efficiency and                Department of Energy, Building                            A. Authority and Background
                                                  Renewable Energy, Department of                         Technologies Office, 950 L’Enfant Plaza                   B. Rulemaking History
                                                  Energy.                                                 SW, Suite 600, Washington, DC 20024.                      1. Active Mode Amendments
                                                                                                          Telephone: (202) 287–1445. If possible,                   2. Standby Mode Amendments
                                                  ACTION: Request for information (‘‘RFI’’).
                                                                                                                                                                 II. Request for Information
                                                                                                          please submit all items on a CD, in                       A. Scope and Definitions
                                                  SUMMARY:   The U.S. Department of                       which case it is not necessary to include                 B. Test Procedure
                                                  Energy (‘‘DOE’’) is initiating a data                   printed copies.                                           1. Consumer Usage
                                                  collection process through this request                    No telefacsimilies (faxes) will be                     2. Active Mode Test Methods
                                                  for information to consider whether to                  accepted. For detailed instructions on                    3. Standby Mode and Off Mode Test
                                                  amend DOE’s test procedures for                         submitting comments and additional                           Methods
                                                  microwave ovens. To inform interested                   information on this process, see section                  4. Integrated Annual Energy Use Metric
                                                  parties and to facilitate this process,                 III of this document.                                     C. Other Test Procedure Topics
                                                  DOE has gathered data, identifying                                                                             III. Submission of Comments
                                                                                                             Docket: The docket for this activity,
                                                  several issues associated with the                      which includes Federal Register                        I. Introduction
                                                  currently applicable test procedures on                 notices, comments, and other                              Microwave ovens are included in the
                                                  which DOE is interested in receiving                    supporting documents/materials, is                     list of ‘‘covered products’’ for which
                                                  comment. The issues outlined in this                    available for review at http://                        DOE is authorized to establish and
                                                  document mainly concern the                             www.regulations.gov. All documents in                  amend energy conservation standards
                                                  measurement of active mode, standby                     the docket are listed in the http://                   and test procedures. (42 U.S.C.
                                                  mode, and off mode energy use, and an                   www.regulations.gov index. However,                    6292(a)(10)) DOE’s test procedures for
                                                  integrated annual energy use metric for                 some documents listed in the index,                    microwave ovens are prescribed at title
                                                  microwave ovens; and any additional                     such as those containing information                   10 of the Code of Federal Regulations
                                                  topics that may inform DOE’s decisions                  that is exempt from public disclosure,                 (‘‘CFR’’) part 430, subpart B, appendix
                                                  in a future test procedure rulemaking,                  may not be publicly available.                         I (‘‘Appendix I’’). The following sections
                                                  including methods to reduce regulatory                     The docket web page can be found at
                                                                                                                                                                 discuss DOE’s authority to establish and
                                                  burden while ensuring the procedures’                   https://www1.eere.energy.gov/buildings/
                                                                                                                                                                 amend test procedures for microwave
                                                  accuracy. DOE welcomes written                          appliance_standards/standards.aspx?
                                                                                                                                                                 ovens, as well as relevant background
                                                  comments from the public on any                         productid=33. The docket web page
                                                                                                                                                                 information regarding DOE’s
                                                  subject within the scope of this                        contains simple instructions on how to
                                                                                                                                                                 consideration of test procedures for this
                                                  document (including topics not raised                   access all documents, including public
                                                                                                                                                                 product.
                                                  in this RFI).                                           comments, in the docket. See section III
                                                  DATES: Written comments and                             for information on how to submit                       A. Authority and Background
                                                  information are requested and will be                   comments through http://                                  The Energy Policy and Conservation
                                                  accepted on or before February 20, 2018.                www.regulations.gov.                                   Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1
                                                  ADDRESSES: Interested persons are                       FOR FURTHER INFORMATION CONTACT:    Dr.                Public Law 94–163 (42 U.S.C. 6291–
                                                  encouraged to submit comments using                     Stephanie Johnson, U.S. Department of                  6317, as codified), among other things,
                                                  the Federal eRulemaking Portal at                       Energy, Office of Energy Efficiency and                authorizes DOE to regulate the energy
                                                  http://www.regulations.gov. Follow the                  Renewable Energy, Building                             efficiency of a number of consumer
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                                                  instructions for submitting comments.                   Technologies Office, EE–5B, 1000                       products and industrial equipment.
                                                  Alternatively, interested persons may                   Independence Avenue SW, Washington,                    Title III, Part B 2 of EPCA established the
                                                  submit comments, identified by docket                   DC 20585–0121. Telephone: (202) 287–
                                                  number EERE–2017–BT–TP–0024, by                         1943. Email:                                             1 All references to EPCA in this document refer

                                                  any of the following methods:                                                                                  to the statute as amended through the Energy
                                                                                                          ApplianceStandardsQuestions@                           Efficiency Improvement Act of 2015 (EEIA 2015),
                                                    1. Federal eRulemaking Portal: http://                ee.doe.gov.                                            Public Law 114–11 (April 30, 2015).
                                                  www.regulations.gov. Follow the                           Ms. Celia Sher, U.S. Department of                     2 For editorial reasons, upon codification in the

                                                  instructions for submitting comments.                   Energy, Office of the General Counsel,                 U.S. Code, Part B was redesignated Part A.



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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                           2567

                                                  Energy Conservation Program for                            EPCA also requires that, at least once              address standby mode and off mode
                                                  Consumer Products Other Than                            every 7 years, DOE evaluate test                       energy use only.
                                                  Automobiles, which sets forth a variety                 procedures for each type of covered
                                                                                                                                                                 1. Active Mode Amendments
                                                  of provisions designed to improve                       product, including microwave ovens, to
                                                  energy efficiency. These products                       determine whether amended test                            DOE originally established test
                                                  include microwave ovens, the subject of                 procedures would more accurately or                    procedures for microwave ovens in an
                                                  this RFI. (42 U.S.C. 6292(a)(10))                       fully comply with the requirements for                 October 3, 1997 final rule that addressed
                                                     Under EPCA, DOE’s energy                             the test procedures to not be unduly                   active mode energy use only. 62 FR
                                                  conservation program consists                           burdensome to conduct and be                           51976. Those procedures were based on
                                                  essentially of four parts: (1) Testing, (2)             reasonably designed to produce test                    the International Electrotechnical
                                                  labeling, (3) Federal energy conservation               results that reflect energy efficiency,                Commission (‘‘IEC’’) Standard 705–
                                                  standards, and (4) certification and                    energy use, and estimated operating                    Second Edition 1998 and Amendment
                                                  enforcement procedures. Relevant                        costs during a representative average                  2–1993, ‘‘Methods for Measuring the
                                                  provisions of the Act specifically                      use cycle or period of use. (42 U.S.C.                 Performance of Microwave Ovens for
                                                  include definitions (42 U.S.C. 6291),                   6293(b)(1)(A)) If the Secretary                        Households and Similar Purposes’’
                                                  energy conservation standards (42                       determines, on his own behalf or in                    (‘‘IEC Standard 705’’). On July 22, 2010,
                                                  U.S.C. 6295), test procedures (42 U.S.C.                response to a petition by any interested               DOE published in the Federal Register
                                                  6293), labeling provisions (42 U.S.C.                   person, that a test procedure should be                a final rule for the microwave oven test
                                                  6294), and the authority to require                     prescribed or amended, the Secretary                   procedures (the ‘‘July 2010 Repeal Final
                                                  information and reports from                            shall promptly publish in the Federal                  Rule’’), in which it repealed the
                                                  manufacturers (42 U.S.C. 6296).                         Register proposed test procedures and                  regulatory test procedures for measuring
                                                                                                          afford interested persons an opportunity               the cooking efficiency of microwave
                                                     Federal energy efficiency
                                                                                                          to present oral and written data, views,               ovens. 75 FR 42579. In the July 2010
                                                  requirements for covered products
                                                                                                          and arguments with respect to such                     Repeal Final Rule, DOE determined that
                                                  established under EPCA generally
                                                                                                          procedures. The comment period on a                    the existing microwave oven test
                                                  supersede State laws and regulations
                                                                                                          proposed rule to amend a test procedure                procedure did not produce
                                                  concerning energy conservation testing,
                                                                                                          shall be at least 60 days and may not                  representative and repeatable test
                                                  labeling, and standards. (42 U.S.C. 6297)
                                                                                                          exceed 270 days. In prescribing or                     results. 75 FR 42579, 42580. DOE stated
                                                  DOE may, however, grant waivers of
                                                                                                                                                                 at that time that it was unaware of any
                                                  Federal preemption for particular State                 amending a test procedure, the
                                                                                                                                                                 test procedures that had been developed
                                                  laws or regulations, in accordance with                 Secretary shall take into account such
                                                                                                                                                                 that address these concerns. 75 FR
                                                  the procedures and other provisions of                  information as the Secretary determines
                                                                                                                                                                 42579, 42581.
                                                  EPCA. (42 U.S.C. 6297(d))                               relevant to such procedure, including                     On October 24, 2011, DOE published
                                                     The Federal testing requirements                     technological developments relating to                 an RFI to initiate a test procedure
                                                  consist of test procedures that                         energy use or energy efficiency of the                 rulemaking to develop active mode
                                                  manufacturers of covered products must                  type (or class) of covered products                    testing methodologies for microwave
                                                  use as the basis for: (1) Certifying to                 involved. (42 U.S.C. 6293(b)(2)) If DOE                ovens (the ‘‘October 2011 RFI’’). 76 FR
                                                  DOE that their products comply with                     determines that test procedure revisions               65631. DOE specifically sought
                                                  the applicable energy conservation                      are not appropriate, DOE must publish                  information, data, and comments
                                                  standards adopted pursuant to EPCA (42                  its determination not to amend the test                regarding representative and repeatable
                                                  U.S.C. 6295(s)), and (2) making                         procedures. DOE is publishing this RFI                 methods for measuring the energy use of
                                                  representations about the efficiency of                 to collect data and information to                     microwave ovens in active mode, in
                                                  those consumer products (42 U.S.C.                      inform its decision in satisfaction of the             particular for the microwave-only and
                                                  6293(c)). Similarly, DOE must use these                 7-year review requirement specified in                 convection-microwave cooking (i.e.,
                                                  test procedures to determine whether                    EPCA. (42 U.S.C. 6293(b)(1)(A))                        microwave plus convection and any
                                                  the products comply with relevant                          In addition, EPCA requires that DOE                 other means of cooking) modes.
                                                  standards promulgated under EPCA. (42                   amend its test procedures for all covered                 To inform its consideration of a test
                                                  U.S.C. 6295(s))                                         products to integrate measures of                      procedure for the microwave oven
                                                     Under 42 U.S.C. 6293, EPCA sets forth                standby mode and off mode energy                       active mode, DOE conducted testing to
                                                  the criteria and procedures DOE must                    consumption into the overall energy                    evaluate potential methods for
                                                  follow when prescribing or amending                     efficiency, energy consumption, or other               measuring the active mode energy use
                                                  test procedures for covered products.                   energy descriptor, unless the current                  for these products, including the
                                                  EPCA requires that any test procedures                  test procedure already incorporates the                microwave-only, convection-only, and
                                                  prescribed or amended under this                        standby mode and off mode energy                       convection-microwave cooking modes.
                                                  section be reasonably designed to                       consumption, or if such integration is                 On June 5, 2012, DOE published a
                                                  produce test results which measure                      technically infeasible. (42 U.S.C.                     notice of data availability (‘‘NODA’’) to
                                                  energy efficiency, energy use or                        6295(gg)(2)(A)) If an integrated test                  present test results and analytical
                                                  estimated annual operating cost of a                    procedure is technically infeasible, DOE               approaches that DOE was considering
                                                  covered product during a representative                 must prescribe separate standby mode                   for potential amendments to the
                                                  average use cycle or period of use and                  and off mode energy use test procedures                microwave oven test procedures and to
                                                  not be unduly burdensome to conduct.                    for the covered product, if a separate                 request additional comment and
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                                                  (42 U.S.C. 6293(b)(3))                                  test is technically feasible. (Id.)                    information on these results (the ‘‘June
                                                     In addition, if DOE determines that a                                                                       2012 NODA’’). 77 FR 33106. In the June
                                                                                                          B. Rulemaking History
                                                  test procedure amendment is warranted,                                                                         2012 NODA, DOE presented test results
                                                  it must publish proposed test                             DOE’s current test procedures for                    from microwave-only, convection-only,
                                                  procedures and offer the public an                      microwave ovens are codified at                        and convection-microwave cooking
                                                  opportunity to present oral and written                 Appendix I. For reasons discussed in                   mode testing using water loads, food
                                                  comments on them. (42 U.S.C.                            the following sections, the current test               simulation mixtures, and real food
                                                  6293(b)(2))                                             procedures for microwave ovens                         loads. DOE also presented test results


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                                                  2568                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  from testing of the convection-only                     of IEC Standard 62301 Edition 2.0 2011–                minimize manufacturer burden. 78 FR
                                                  cooking mode using the aluminum test                    01 (‘‘IEC Standard 62301 (Second                       4015, 4021. DOE also determined that
                                                  block specified in the DOE conventional                 Edition)’’). 76 FR 12825, 12836. In                    microwave ovens combined with other
                                                  oven test procedures then in effect in                  addition, DOE adopted language to                      appliance functionality are covered
                                                  Appendix I.3                                            clarify the application of IEC Standard                under the definition of ‘‘microwave
                                                     On February 4, 2013, DOE published                   62301 (First Edition) to measuring                     oven’’ at 10 CFR 430.2, but due to a lack
                                                  a notice of proposed rulemaking                         standby mode and off mode power.                       of data and information, did not adopt
                                                  (‘‘NOPR’’) in which it proposed adding                  Specifically, DOE defined the test                     provisions to measure the standby mode
                                                  provisions to the microwave oven test                   duration for cases in which the                        and off mode energy use of the
                                                  procedures to measure active mode                       measured power is not stable and varies                microwave oven component of a
                                                  energy use for microwave ovens,                         in a cyclic manner, because the standby                combined cooking product.5 78 FR
                                                  including microwave-only ovens and                      mode power consumption of microwave                    4015, 4022.
                                                  convection microwave ovens (the                         oven displays can vary depending on
                                                  ‘‘February 2013 NOPR’’). 78 FR 7940.                    the time-of-day displayed on the clock.                II. Request for Information
                                                  For measuring the energy use in                         76 FR 12825, 12828.                                       In the following sections, DOE has
                                                  microwave-only cooking mode, DOE                           The amendments adopted in the                       identified a variety of issues on which
                                                  proposed test methods based on the                      March 2011 Interim Final Rule became                   it seeks input to aid in the development
                                                  November 2011 draft version of IEC                      effective on April 8, 2011. However,                   of the technical and economic analyses
                                                  Standard 60705. DOE also proposed                       DOE noted that in order to ensure that                 regarding whether amended test
                                                  provisions for measuring the energy use                 the amended test procedures adequately                 procedures for microwave ovens may be
                                                  of convection microwave ovens in                        address the EPCA requirement to                        warranted. Specifically, DOE is
                                                  convection-only cooking mode based on                   consider the most recent version of IEC                requesting comment on any
                                                  the test procedures for conventional                    Standard 62301, and recognizing that                   opportunities to streamline and simplify
                                                  ovens in Appendix I. DOE further                        the IEC issued IEC Standard 62301                      testing requirements for microwave
                                                  proposed to calculate the energy use of                 (Second Edition) in January of 2011,                   ovens.
                                                  convection-microwave cooking mode                       DOE issued the microwave oven test                        Additionally, DOE welcomes
                                                  for convection microwave ovens by                       procedure as an interim final rule and                 comments on other issues relevant to
                                                  apportioning the microwave-only mode                    offered an additional 180-day comment                  the conduct of this process that may not
                                                  and convection-only mode energy                         period to consider whether any changes                 specifically be identified in this
                                                  consumption measurements based on                       should be made to the interim final rule               document. In particular, DOE notes that
                                                  typical consumer use. 78 FR 7940, 7942.                 in light of publication of IEC Standard                under Executive Order 13771,
                                                     The IEC issued an update of IEC                      62301 (Second Edition). DOE stated that                ‘‘Reducing Regulation and Controlling
                                                  Standard 60705 on June 30, 2014. To                     it would consider these comments and,                  Regulatory Costs,’’ Executive Branch
                                                  date, DOE has not issued a final rule to                to the extent necessary, publish a final               agencies such as DOE are directed to
                                                  re-establish test procedures for                        rulemaking incorporating any changes.                  manage the costs associated with the
                                                  measuring the active mode of                            76 FR 12825, 12830–12831. In response                  imposition of expenditures required to
                                                  microwave ovens.                                        to the March 2011 Interim Final Rule,                  comply with Federal regulations. See 82
                                                  2. Standby Mode Amendments                              the Association of Home Appliance                      FR 9339 (Feb. 3, 2017). Pursuant to that
                                                                                                          Manufacturers (‘‘AHAM’’) commented                     Executive Order, DOE encourages the
                                                     On March 9, 2011, DOE published an                   that, among other things, DOE should
                                                  interim final rule (the ‘‘March 2011                                                                           public to provide input on measures
                                                                                                          incorporate by reference IEC Standard                  DOE could take to lower the cost of its
                                                  Interim Final Rule’’) amending the test                 62301 (Second Edition), stating that
                                                  procedures for microwave ovens. 76 FR                                                                          regulations applicable to microwave
                                                                                                          such incorporation would provide for                   ovens consistent with the requirements
                                                  12825. The March 2011 Interim Final
                                                                                                          optimal international harmonization,                   of EPCA.
                                                  Rule incorporated by reference into the
                                                                                                          give clarity and consistency to the
                                                  microwave oven test procedures IEC                                                                             A. Scope and Definitions
                                                                                                          regulated community, and decrease test
                                                  Standard 62301, ‘‘Household electrical
                                                                                                          burden. (AHAM, No. 31 at pp. 3–4 4)                      This RFI covers those products that
                                                  appliances–Measurement of standby                          Based in part on public comment,
                                                  power,’’ First Edition 2005–06 (‘‘IEC                                                                          meet the definition for ‘‘microwave
                                                                                                          DOE further analyzed IEC Standard                      oven,’’ as codified at 10 CFR 430.2.
                                                  Standard 62301 (First Edition)’’)
                                                                                                          62301 (Second Edition). DOE                            Specifically, as codified, ‘‘microwave
                                                  regarding test conditions and testing
                                                                                                          subsequently published a final rule on                 oven’’ means a category of cooking
                                                  procedures for measuring the average
                                                                                                          January 18, 2013 (the ‘‘January 2013                   products which is a household cooking
                                                  standby mode and average off mode
                                                                                                          Final Rule’’), amending the test                       appliance consisting of a compartment
                                                  power consumption. 76 FR 12825,
                                                                                                          procedures for microwave ovens to                      designed to cook or heat food by means
                                                  12828. As authorized by EPCA, DOE
                                                                                                          reference certain provisions of IEC                    of microwave energy, including
                                                  also incorporated into the microwave
                                                                                                          Standard 62301 (Second Edition), along                 microwave ovens with or without
                                                  oven test procedure definitions of
                                                                                                          with clarifying language, for the                      thermal elements designed for surface
                                                  ‘‘active mode,’’ ‘‘standby mode,’’ and
                                                                                                          measurement of standby mode and off                    browning of food and convection
                                                  ‘‘off mode’’ based on the definitions
                                                                                                          mode energy use. 78 FR 4015. In the                    microwave ovens. This includes any
                                                  provided in the finalized draft version
                                                                                                          narrow case of microwave ovens with                    microwave oven(s) component of a
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                                                    3 The DOE conventional oven test procedures in        power consumption that varies as a
                                                  Appendix I were later repealed in a final rule          function of the time displayed, DOE                      5 Appendix I defines ‘‘combined cooking

                                                  published on December 16, 2016. 81 FR 91418. DOE        maintained the existing use of IEC                     product’’ as a household cooking appliance that
                                                  determined that the conventional oven test              Standard 62301 (First Edition) for                     combines a cooking product with other appliance
                                                  procedures did not accurately represent consumer                                                               functionality, which may or may not include
                                                  use as it favors conventional ovens with low            measuring standby mode power to                        another cooking product. Combined cooking
                                                  thermal mass and does not capture cooking                                                                      products include the following products:
                                                  performance-related benefits due to increased            4 Document No. 31 in Docket No. EERE–2008–            Conventional range, microwave/conventional
                                                  thermal mass of the oven cavity. 81 FR 91418,           BT–TP–0011, available for review at https://           cooking top, microwave/conventional oven, and
                                                  91423–91424.                                            www.regulations.gov.                                   microwave/conventional range.



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                                                                                Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                                                                   2569

                                                  combined cooking product. 10 CFR                                        parties on the proposed amendments.                                        information on any other issues that
                                                  430.2.                                                                  To date, DOE has not issued a final rule                                   may need to be addressed in a test
                                                  B. Test Procedure                                                       establishing test procedures for active                                    procedure rulemaking for microwave
                                                                                                                          mode. In this document, DOE discusses                                      ovens.
                                                     As discussed in section I.B of this                                  the current status of IEC Standard 60705
                                                  document, DOE’s current test                                                                                                                       1. Consumer Usage
                                                                                                                          and requests information to help it
                                                  procedures for microwave ovens are                                      determine whether it should consider
                                                  codified at Appendix I and address                                                                                                                    As part of the February 2013 NOPR,
                                                                                                                          test procedures that measure the active                                    DOE presented results from a consumer
                                                  standby mode and off mode energy use                                    mode energy use for microwave ovens.
                                                  only.                                                                                                                                              usage survey conducted by Lawrence
                                                                                                                          Additionally, DOE has identified                                           Berkeley National Laboratories
                                                     DOE is requesting information and
                                                                                                                          potential testing issues related to newly-                                 (‘‘LBNL’’) to evaluate the consumer
                                                  data to update its understanding of
                                                                                                                          available product features that DOE did                                    usage habits for microwave ovens.6 78
                                                  consumer use of microwave ovens. DOE
                                                                                                                          not consider at the time of the January                                    FR 7940, 7943–7944. The survey
                                                  is also requesting comment on whether
                                                  any more recent developments since the                                  2013 Final Rule, that may relate to                                        collected data from 2258 households on
                                                  February 2013 NOPR would allow for                                      standby mode and off mode energy use.                                      the typical cycle lengths, the annual
                                                  DOE to develop active mode test                                         DOE is requesting comment on                                               number of cooking cycles, and the
                                                  procedures for microwave ovens,                                         appropriate test procedures to account                                     annual hours of use for microwave-only
                                                  including microwave-only ovens and                                      for these features. DOE is also seeking                                    ovens. The survey also collected data
                                                  convection microwave ovens. As stated                                   comment on the technical feasibility of                                    from 653 households on the typical
                                                  in the Rulemaking History section of                                    establishing an integrated metric that                                     cycle lengths, the annual number of
                                                  this document, in the February 2013                                     combines active mode, standby mode,                                        cooking cycles, and the annual hours of
                                                  NOPR, DOE proposed active mode test                                     and off mode energy use.                                                   use for each available cooking mode for
                                                  procedures for microwave-only ovens                                       Each of these issues is discussed in                                     convection microwave ovens. The
                                                  and convection microwave ovens, and                                     greater detail in the subsections that                                     results from the LBNL study are
                                                  requested comment from interested                                       follow. DOE is also requesting                                             presented in Table II.1 and Table II.2.

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

                                                                    TABLE II.3—FEBRUARY 2013 NOPR ESTIMATE ANNUAL ENERGY USE FOR MICROWAVE-ONLY OVENS
                                                                                                                                                                                                                         Average          Annual energy
                                                                                                                                            Cycle length               Number of                   Annual hours
                                                                                        Mode                                                                                                                              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
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                                                    6 Alison Williams, Hung-Chia (Dominique) Yang,                        Consultant, Melbourne, Australia. (2012) Surveys of                           7 Fan-only mode refers to the operation of the fan

                                                  Bereket Beraki, Louis-Benoit Desroches, Scott J.                        Microwave Ovens in U.S. Homes. Lawrence                                    after a cooking cycle for the purposes of cooling
                                                  Young, Chun Chun Ni, Henry Willem, and Camilla                          Berkeley National Laboratory, LBNL–5947E.                                  down the cavity and other components of the
                                                  Dunham Whitehead: LBNL; Sally M. Donovan,                               December 4, 2012.                                                          microwave oven.



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                                                  2570                          Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                             TABLE II.4—FEBRUARY 2013 NOPR ESTIMATE ANNUAL ENERGY USE FOR CONVECTION MICROWAVE OVENS
                                                                                                                                                                                                                        Average        Annual energy
                                                                                                                                               Cycle length              Number of                 Annual hours
                                                                                        Mode                                                                                                                             power             use
                                                                                                                                                  (min)                 annual cycles                (hours)              (W)             (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 Mode ...............................                                          0.88                          69               1.0               39.1                0.04
                                                  Standby/Off ..........................................................................     ........................   ........................          8672.4                2.7                23.4



                                                    Issue B.1: DOE requests any more                                      standard. Instead, DOE should wait to                                     borosilicate glass test containers,
                                                  recent consumer usage data, if available,                               harmonize with the final IEC Standard                                     respectively, by 45–50 degrees Celsius
                                                  to characterize the consumer usage                                      60705.’’ (AHAM, No. 18 at p. 4 8) On                                      (‘‘°C’’) and 50–55 °C. The test method
                                                  habits for microwave ovens, including                                   June 30, 2014, IEC published the                                          also requires that the difference in the
                                                  both microwave-only ovens and                                           updated version of IEC Standard 60705–                                    final measured water temperature
                                                  convection microwave ovens.                                             Edition 4.1. Therefore in this RFI, DOE                                   between these two tests must be at least
                                                                                                                          is seeking additional feedback on active                                  2 °C. The results from these two
                                                  2. Active Mode Test Methods
                                                                                                                          model topics from the February 2013                                       different temperature-rise tests at each
                                                    As discussed in section I.B.1 of this                                 NOPR given that IEC Standard 60705 is                                     load size are then used to linearly
                                                  document, in the July 2010 Repeal Final                                 now finalized and in response to                                          interpolate the energy consumption
                                                  Rule, DOE repealed the active mode test                                 AHAM’s previous comment supporting                                        required to heat the load by 50 °C. The
                                                  provisions originally established in                                    harmonization. DOE is requesting data                                     cooking cycle energy consumption for
                                                  Appendix I because they did not                                         and information on microwave oven                                         each water load size is then weighted
                                                  produce representative and repeatable                                   active mode test methods, including                                       based on consumer usage to calculate a
                                                  measurements of microwave oven                                          data and information that may not have                                    weighted-average per-cycle cooking
                                                  energy use in active mode. 75 FR 42579.                                 been available at the time of the                                         energy consumption. The weighting
                                                  DOE proposed in the February 2013                                       previous rulemaking.                                                      factors specified in IEC Standard 60705–
                                                  NOPR to add provisions to the                                                                                                                     Edition 4.1 are: 275 g = 3/11; 350 g =
                                                                                                                          a. Microwave-Only Cooking Mode
                                                  microwave oven test procedures in                                                                                                                 6/11; 1000 g = 2/11.
                                                  Appendix I for measuring energy use in                                    DOE notes that the water-heating test                                      In the February 2013 NOPR, DOE
                                                  microwave-only cooking mode in a                                        method specified in IEC Standard                                          presented results from testing to
                                                  repeatable and representative manner,                                   60705–Edition 4.1 is the same as the                                      evaluate the repeatability of an August
                                                  based on the November 2011 draft                                        November 2011 draft version of IEC                                        2010 draft version of the IEC Standard
                                                  version of IEC Standard 60705. 78 FR                                    Standard 60705. The test method in IEC                                    60705 water-heating test method for
                                                  7940. AHAM commented on the                                             Standard 60705–Edition 4.1 involves                                       measuring the cooking cycle energy
                                                  February 2013 NOPR that it ‘‘supports                                   measuring the energy consumption                                          consumption.9 78 FR 7940, 7945. The
                                                  harmonization with IEC Standard                                         required to heat water loads of 275                                       results, presented in Table II.5, showed
                                                  60705. But DOE should not base the                                      grams (‘‘g’’), 350 g, and 1000 g, in 600                                  minimal test-to-test variation for each
                                                  U.S. test procedure on a draft of that                                  milliliter (‘‘ml’’), 900 ml, and 2000 ml                                  water load size.

                                                                           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                                  testing program to evaluate the                                           manufacturer test labs and five
                                                  NOPR that the European Committee for                                    repeatability and reproducibility of the                                  independent test labs in Europe
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                                                  Electrotechnical Standardization                                        draft version of IEC Standard 60705. 78                                   conducted testing on each of four
                                                  (‘‘CENELEC’’) conducted a round-robin                                   FR 7940, 7945. A total of five                                            microwave oven models. For the

                                                    8 Document No. 18 in Docket No. EERE–2010–                            ml capacity) than specified in the November 2011                          water, DOE determined that the effect on the
                                                  BT–TP–0023, available for review at http://                             draft version IEC Standard 60705 and the published                        measured energy use would be small and, in
                                                  www.regulations.gov.                                                    IEC Standard 60705–Edition 4.1 (600 ml capacity).                         particular, the difference in repeatability and
                                                    9 The August 2010 draft version IEC Standard                          Because the dimensions of the test containers are                         reproducibility of the two test containers would not
                                                  60705 used at the time of DOE testing used a                            sufficiently similar and the specific heat of the glass                   be significant.
                                                  smaller test container for the 275 g water load (400                    containers is relatively low compared to that of



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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                           2571

                                                  measured weighted per-cycle cooking                     end of the cooking cycle, the microwave                and convection-only mode energy
                                                  energy consumption, the results showed                  ovens reverted to standby mode.                        consumption measurements based on
                                                  that the test-to-test variation expressed               However, DOE recognized that there                     typical consumer use. 78 FR 7940, 7947.
                                                  as standard error within each laboratory                may be microwave ovens on the market                      AHAM and Whirlpool stated that
                                                  was on average 0.56 percent, and the                    or future microwave ovens that could                   DOE should not develop test procedures
                                                  lab-to-lab variation was on average 2.30                potentially operate in fan-only mode at                for convection microwave ovens
                                                  percent. For the measured weighted                      the end of the microwave-only cooking                  because: (1) They represent only 4
                                                  cooling down energy consumption (i.e.,                  cycle. As a result, DOE proposed in the                percent of microwave oven shipments,
                                                  energy consumption in the fan-only                      February 2013 NOPR to include                          (2) the potential for energy savings is
                                                  mode), the results showed that the test-                provisions for measuring the fan-only                  trivial compared to the added test
                                                  to-test variation expressed as standard                 mode cooling down energy                               burden, and (3) there are currently no
                                                  error within each laboratory was on                     consumption only for microwave ovens                   international test standards for
                                                  average 0.24 percent and the lab-to-lab                 equipped with a fan that operates                      measuring the convection function of
                                                  variation was on average 6.14 percent.                  automatically at the completion of the                 the microwave oven. (AHAM, No. 18 at
                                                  78 FR 7940, 7945.                                       cooking cycle to cool down the                         p. 3; AHAM, No. 27 at p. 3; Whirlpool,
                                                     While IEC Standard 60705-Edition 4.1                 microwave oven. 78 FR 7940, 7945–                      No. 15 at pp. 4–6)
                                                  was not finalized at the time of the                    7946. AHAM opposed including a                            Issue B.4. DOE requests any updated
                                                  February 2013 NOPR, DOE received                        requirement to measure fan-only mode                   shipments data, since the February 2013
                                                  comments stating that the water-heating                 during the cooling down period for the                 NOPR, for convection microwave ovens.
                                                  test method in IEC Standard 60705 is                    following reasons: (1) If DOE pursues an               DOE also requests comment on any
                                                  based on extensive testing and                          active mode test procedure it should                   development of industry standards that
                                                  considered both repeatable and                          harmonize with IEC Standard 60705,                     measure the convection function of a
                                                  reproducible, and more specifically                     which includes fan-only mode                           convection microwave oven.
                                                  with regard to the CENELEC data, that                   measurement only in an informative                        In the February 2013 NOPR, DOE
                                                  issues related to the test procedures are               annex and not as a mandatory                           initially determined that testing using
                                                  not unique to United States as                          measurement; (2) the fan-only mode test                actual or simulated food loads does not
                                                  microwave ovens do not vary                             procedure is not repeatable and                        produce repeatable or reproducible
                                                  significantly across countries. (AHAM,                  reproducible; and (3) the energy                       results. DOE also understood that using
                                                  No. 18 at pp. 2–3; AHAM, No. 27 at p.                   consumed by the fan is miniscule,                      thermocouples during a convection-
                                                  4; 10 Whirlpool, No. 15 at p. 1 11)                     especially compared to the active mode                 microwave cooking cycle would not be
                                                     Issue B.2: DOE requests comment on                   cooking cycle energy use. (AHAM, No.                   appropriate due to safety concerns. As
                                                  any developments in microwave oven                      27 at pp. 6–7)                                         a result, DOE did not propose test
                                                  testing methods since the February 2013                   Issue B.3: DOE requests comment on                   methods using actual or simulated food
                                                  NOPR that would assist DOE in                           whether any microwave ovens currently                  loads, or thermocouples, for measuring
                                                  determining whether to develop test                     on the market operate in fan-only mode                 the energy consumption of convection
                                                  procedures that measure active mode                     during the cooling down period after the               microwave ovens. 78 FR 7940, 7949. In
                                                  energy consumption in microwave-only                    end of the microwave-only cooking                      lieu of testing using actual or simulated
                                                  mode. DOE requests comment and data                     cycle. This request includes comments                  food loads, DOE presented test results
                                                  on the representativeness, repeatability,               about fan-only mode for all types of                   showing that the proposed aluminum
                                                  reproducibility, and testing burdens                    fans, including exhaust fans, convection               block test method for testing in
                                                  associated with any suggested test                      fans, and magnetron fans. DOE also                     convection-only cooking mode
                                                  methods. This request includes                          requests information on manufacturers’                 produced repeatable results. 78 FR
                                                  information on any testing experiences                  experience with the fan-only mode test                 7940, 7948.
                                                  with IEC Standard-Edition 4.1 since its                 procedure in IEC Standard 60705-                          DOE proposed to add the calculated
                                                  adoption.                                               Edition 4.1, specifically with regard to               convection-only cooking cycle energy
                                                     DOE also notes that the Informative                  the repeatability and reproducibility of               consumption and the measured fan-only
                                                  Annex F in IEC Standard 60705–Edition                   the test method.                                       mode energy consumption to calculate
                                                  4.1 includes a test method for measuring                                                                       the total convection-only mode energy
                                                  the fan-only mode energy consumption                    b. Convection Microwave Ovens                          consumption. 78 FR 7940, 7949. DOE
                                                  of the microwave oven during the                           In the February 2013 NOPR, DOE                      further proposed to apply a field use
                                                  cooling down period for a period of 15                  proposed test methods for measuring                    factor to the calculation of the
                                                  minutes after the completion of a                       the active mode energy consumption of                  convection-only mode energy
                                                  cooking cycle that achieves a water-load                convection microwave ovens. DOE                        consumption to account for the typical
                                                  temperature-rise of 50 °C. In the                       proposed to measure the energy                         consumer use of this cooking mode. Id.
                                                  February 2013 NOPR, DOE noted that                      consumption of the microwave-only                         AHAM commented that with regard
                                                  for all of the products in its test sample,             cooking mode for convection microwave                  to the proposed aluminum block test
                                                  which included countertop and over-                     ovens using the test procedures                        method that: (1) It would be impossible
                                                  the-range microwave-only and                            described in section II.B.2.a of this                  to get a consistent thermocouple reading
                                                  convection microwave ovens, none                        document. DOE also proposed to                         because the aluminum test block would
                                                  contained a fan that operated at the end                measure the energy consumption of the                  be rotating on the turntable, and (2) the
                                                  of the microwave-only cooking cycle.                    convection-only cooking mode based on                  proposed aluminum test block test load
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                                                  DOE noted that when the door was                        the aluminum test block test method                    was not representative of actual
                                                  closed after the load was removed at the                specified at the time of the February                  consumer food loads in a convection
                                                                                                          2013 NOPR in the DOE conventional                      microwave oven. (AHAM, No. 27 at pp.
                                                   10 Document No. 27 in Docket No. EERE–2010–
                                                                                                          oven test procedures in Appendix I.                    8–10) AHAM also stated, for the same
                                                  BT–TP–0023, available for review at http://             Finally, DOE proposed to calculate the                 reasons discussed in section II.B.2.a of
                                                  www.regulations.gov.
                                                   11 Document No. 15 in Docket No. EERE–2010–            energy consumption of the convection-                  this document, that it opposed a fan-
                                                  BT–TP–0023, available for review at http://             microwave cooking cycle by                             only mode energy use measurement.
                                                  www.regulations.gov.                                    apportioning the microwave-only mode                   (AHAM, No. 27 at p. 9) AHAM


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                                                  2572                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  commented that if DOE were to                           oven. AHAM stated that DOE should                      setting the clock display as part of the
                                                  establish an active mode test procedure                 require that over-the-range microwave                  initial setup of the product. DOE is also
                                                  for microwave ovens and convection                      ovens be installed in the as-shipped                   aware that some microwave ovens
                                                  microwave ovens, DOE should follow                      configuration in accordance with the                   available on the market may provide the
                                                  the approach taken in IEC Standard                      manufacturer’s instructions. AHAM                      user with the option to turn the clock
                                                  60705 and require measurement of only                   added that its members stated that this                display on or off. DOE notes that in both
                                                  the primary cooking function of                         would not add test burden to them as                   of these cases, based on the provisions
                                                  convection microwave ovens. AHAM                        their laboratories are already capable of              in the test procedures, if the
                                                  added that this approach: (1) Would                     testing in both configurations. In                     manufacturer’s instructions for the
                                                  allow consumers to compare products                     addition, AHAM stated that it does not                 initial setup of the product include
                                                  according to how they view them—as                      expect that the configuration will affect              instructions to set the clock display,
                                                  microwave ovens; (2) would harmonize                    the measured energy, and thus, different               then the microwave oven would be
                                                  with the international approach,                        installation configurations should                     tested with the clock display powered
                                                  reducing burden on manufacturers; and                   provide consistent measurements across                 on, as described above.
                                                  (3) would not result in a significant loss              products. (AHAM, No. 27 at p. 5)                          Issue B.7: DOE requests information
                                                  in energy savings because there was not                    Issue B.6: As DOE considers                         to help it determine whether the
                                                  significant technology available to                     developing test procedures to measure                  standby mode and off mode test
                                                  reduce energy use in active mode in                     the active mode energy consumption for                 procedures for microwave ovens should
                                                  either the microwave or convection                      microwave ovens, DOE seeks                             be amended, in particular for
                                                  functions. (AHAM, No. 27 at pp. 7–8)                    information on appropriate installation                microwave ovens with an option to turn
                                                     Issue B.5: DOE requests information                  conditions for over-the-range microwave                the display on or off. DOE seeks data on
                                                  on any developments since the February                  ovens. In particular, DOE seeks                        the standby power consumption with
                                                  2013 NOPR that DOE should consider in                   information on the installation                        the display turned on and off. DOE also
                                                  determining whether to develop test                     requirements for these products,                       seeks information on the control logic of
                                                  procedures that measure active mode                     including: (1) Whether any products are                this function implemented in different
                                                  energy consumption for convection                       shipped with the venting fan installed                 models. For example, does the display
                                                  microwave ovens. Such information                       in the outdoor venting configuration                   automatically turn on and remain on
                                                  could include potential test methods for                and (2) whether instructions advise that               indefinitely after the door is opened or
                                                  measuring energy use in microwave-                      only trained service technicians install               if the microwave cooking cycle is
                                                  only, convection-only, and convection-                  these products. In addition, if interested             operated? DOE requests consumer usage
                                                  microwave cooking modes                                 parties believe that products should be                data on how frequently consumers
                                                                                                          tested in the as-shipped configuration,                power off the clock display when this
                                                  c. Installation Configurations for Over-
                                                                                                          DOE welcomes comment on specific                       option is available, and on how much
                                                  the-Range Microwave Ovens
                                                                                                          vent requirements for products shipped                 consumers value a microwave oven
                                                     As discussed in the February 2013                                                                           clock display that is capable of
                                                  NOPR, for over-the-range microwave                      in the outdoor venting configuration
                                                                                                          (e.g., duct dimensions, materials, etc.).              remaining powered on at all times.
                                                  ovens, products equipped with a fan                                                                               Issue B.8: DOE seeks additional
                                                  designed to vent air out of the                         3. Standby Mode and Off Mode Test                      information regarding how
                                                  microwave oven cooking cavity both                      Methods                                                manufacturer instructions for the initial
                                                  during the cooking cycle and during the                                                                        setup of the microwave oven differ from
                                                                                                          a. Displays and Clocks
                                                  fan-only mode cooling down period                                                                              the default as-shipped settings of the
                                                  offer two installation configurations: (1)                 The current standby mode and off                    microwave oven, and the merits of
                                                  Such that the vent fan exhausts air from                mode test procedures for microwave                     requiring initial setup in accordance
                                                  the cooking cavity to the outdoors and                  ovens in Appendix I specify that the                   with manufacturer instructions versus
                                                  (2) such that the vent fan recirculates air             microwave oven must be set up in                       only requiring testing using the default
                                                  from the cooking cavity back into the                   accordance with section 5.2                            settings.
                                                  room (‘‘recirculation configuration’’).12               ‘‘Preparation of product’’ of IEC 62301
                                                  For the majority of products in DOE’s                   (Second Edition). This provision                       Microwave Ovens That Automatically
                                                  test sample, the default installation                   requires preparing and setting up the                  Power Down the Clock Display
                                                  configuration for the venting fan was for               microwave oven in accordance with the                     DOE is aware that some microwave
                                                  air recirculation back into the room. In                manufacturer’s instructions, and if no                 ovens available on the market
                                                  the February 2013 NOPR, DOE proposed                    manufacturer instructions are available,               automatically power down the display
                                                  to require that over-the-range                          using the factory or ‘‘default’’ settings,             after a period of user inactivity, which
                                                  microwave ovens be installed with the                   or where there are no indications for                  reduces the standby power consumption
                                                  exhaust vent/recirculation fan installed                such settings, testing the microwave                   of the product. As discussed previously,
                                                  in the recirculation configuration in                   oven as supplied. For the microwave                    Appendix I requires testing such
                                                  accordance with manufacturer’s                          oven standby mode and off mode power                   products after the display powers down
                                                  instructions. 78 FR 7940, 7946.                         measurement, if a microwave oven                       and reaches a stable state. However,
                                                     AHAM commented in response to the                    drops from a higher power state to a                   DOE recognizes that some manufacturer
                                                  February 2013 NOPR that, to its                         lower power state, section 3.1.3.1 in                  instructions provide instructions, not in
                                                  knowledge, for safety reasons                           Appendix I requires allowing sufficient                the initial setup section, for disabling
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                                                  manufacturers do not recommend that                     time for the microwave oven to reach                   this feature so that the clock/display
                                                  anyone other than trained service                       the lower power state before measuring                 remains on at all times; others do not
                                                  technicians disassemble a microwave                     power consumption.                                     provide instructions for disabling this
                                                                                                                                                                 feature.
                                                    12 Manufacturer’s installation instructions           Microwave Ovens With the Option To                        Issue B.9: DOE seeks information to
                                                  include procedures for reconfiguring the vent fan,      Turn On/Off the Clock Display                          help it consider whether to amend the
                                                  which typically involve removing an external vent
                                                  fan cover plate, rotating the blower assembly, and        DOE notes that most manufacturer                     standby mode and off mode test
                                                  replacing the cover plate.                              instructions provide procedures for                    procedures for microwave ovens to


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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                           2573

                                                  address microwave ovens with an                         useful, (2) the potential energy impacts               modification. As discussed in sections
                                                  automatic power-down function. DOE                      of microwave ovens equipped with a                     II.B.2.a and II.B.3 of this document, DOE
                                                  seeks information on the control logic of               connected configuration, and (3)                       is aware of the IEC test procedure, IEC
                                                  this function implemented in different                  appropriate energy-related settings to                 Standard 60705, which includes tests
                                                  models. In addition, DOE requests                       use for testing.                                       for measuring energy use in microwave-
                                                  consumer usage data on how frequently                                                                          only cooking mode for microwave
                                                                                                          4. Integrated Annual Energy Use Metric
                                                  consumers disable the automatic power-                                                                         ovens, and IEC Standard 62301, which
                                                  down function when this feature is                         The current DOE energy conservation                 includes tests for measuring the power
                                                  available.                                              standards for microwave ovens are                      consumption in standby mode and off
                                                    Issue B.10: DOE also requests                         based on standby power consumption,                    mode. IEC Standard 60705 also includes
                                                  comment on whether there are any other                  in watts. 10 CFR 430.32(j)(3). EPCA                    an informative annex, which specifies a
                                                  options or features that the current test               requires that, if DOE develops active                  test method for measuring the fan-only
                                                  procedures may not clearly delineate                    mode test procedures for microwave                     mode energy consumption of
                                                  how to test, and how to test such                       ovens, it must also incorporate active                 microwave ovens during a cooling down
                                                  options/features.                                       mode, standby mode, and off mode                       period after the completion of a cooking
                                                                                                          energy use into a single energy use                    cycle.
                                                  b. Connected Functions                                  metric, unless it is technically infeasible               Additionally, DOE requests comment
                                                     DOE is aware of a manufacturer that                  to do so. (42 U.S.C. 6295(gg)(2)(A))                   on whether the existing test procedures
                                                  currently offers one over-the-range                        Issue B.13: DOE welcomes input that                 limit a manufacturer’s ability to provide
                                                  microwave oven model that uses                          would help it consider methods for                     additional features to consumers on
                                                  Bluetooth® technology to connect                        calculating integrated annual energy                   microwave ovens. DOE particularly
                                                  certain control functions to a                          use. DOE requests comment on the                       seeks information on how the test
                                                  corresponding Bluetooth-equipped                        technical feasibility of establishing an               procedures could be amended to reduce
                                                  conventional range. The Bluetooth                       integrated annual energy use metric for                the cost of new or additional features
                                                  connection allows the microwave oven                    microwave ovens that incorporates                      and make it more likely that such
                                                  to synchronize its clock time to that of                active mode, standby mode, and off                     features are included on microwave
                                                  the range, and to coordinate the                        mode energy use. DOE also seeks data                   ovens.
                                                  operation of the microwave ovens vent                   on the consumer usage habits for each
                                                  fan and/or cooking top surface lights                   available operating mode for both                      III. Submission of Comments
                                                  with the functional state of the range.                 microwave-only ovens and convection                       DOE invites all interested parties to
                                                  For example, with this feature enabled,                 microwave ovens.                                       submit in writing by February 20, 2018,
                                                  the vent fan or cooking top surface                                                                            comments and information on matters
                                                                                                          C. Other Test Procedure Topics
                                                  lights on the microwave oven can be                                                                            addressed in this notice and on other
                                                  programmed to automatically turn on                        In addition to the issues identified                matters relevant to DOE’s consideration
                                                  whenever the cooking top component of                   earlier in this document, DOE welcomes                 of amended test procedures for
                                                  the conventional range is in use. The                   comment on any other aspect of the                     microwave ovens. These comments and
                                                  products’ controls may consume                          existing test procedures for microwave                 information will aid in the development
                                                  different amounts of energy depending                   ovens not already addressed in this                    of a test procedure NOPR for microwave
                                                  on whether the Bluetooth function is                    document. DOE particularly seeks                       ovens if DOE determines that amended
                                                  enabled or disabled.                                    information that would improve the                     test procedures may be appropriate for
                                                     Issue B.11: DOE requests information                 repeatability, and reproducibility, as                 these products.
                                                  to help it determine whether to amend                   well as the ability of the test procedures                Submitting comments via http://
                                                  the standby mode and off mode test                      to provide results that are representative             www.regulations.gov. The http://
                                                  procedures to address microwave ovens                   of actual use. DOE also requests                       www.regulations.gov web page will
                                                  that use Bluetooth technology,                          information that would help DOE create                 require you to provide your name and
                                                  including information as to suitable test               a procedure that would limit                           contact information. Your contact
                                                  methods. DOE seeks information (such                    manufacturer test burden through                       information will be viewable to DOE
                                                  as survey data) on whether consumers                    streamlining or simplifying testing                    Building Technologies staff only. Your
                                                  typically use this Bluetooth connection,                requirements. Comments regarding the                   contact information will not be publicly
                                                  when available.                                         repeatability and reproducibility are                  viewable except for your first and last
                                                     DOE understands that certain                         also welcome.                                          names, organization name (if any), and
                                                  consumer cooking products include                          DOE also requests feedback on any                   submitter representative name (if any).
                                                  internet connections to allow for                       potential amendments to the existing                   If your comment is not processed
                                                  additional control functions. In these                  test procedure(s) that could be                        properly because of technical
                                                  cases, the product controls may                         considered to address impacts on                       difficulties, DOE will use this
                                                  consume different amounts of energy                     manufacturers, including small                         information to contact you. If DOE
                                                  depending on whether the internet                       businesses. Regarding the Federal test                 cannot read your comment due to
                                                  connection is enabled or disabled, and                  method, DOE seeks comment on the                       technical difficulties and cannot contact
                                                  if enabled, whether it is connected to a                degree to which the DOE test procedure                 you for clarification, DOE may not be
                                                  network. DOE is not aware of any                        should consider and be harmonized                      able to consider your comment.
                                                  microwave ovens currently on the                        with the most recent relevant industry                    However, your contact information
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                                                  market that include this feature.                       standards for microwave ovens and                      will be publicly viewable if you include
                                                     Issue B.12: DOE requests comment on                  whether there are any changes to the                   it in the comment or in any documents
                                                  whether any microwave ovens currently                   Federal test method that would provide                 attached to your comment. Any
                                                  available on the market incorporate this                additional benefits to the public. DOE                 information that you do not want to be
                                                  feature. If such products exist or                      also requests comment on the benefits                  publicly viewable should not be
                                                  manufacturers have plans to introduce                   and burdens of adopting any industry/                  included in your comment, nor in any
                                                  such products, DOE seeks comment on:                    voluntary consensus-based or other                     document attached to your comment.
                                                  (1) Details about why this feature is                   appropriate test procedure, without                    Persons viewing comments will see only


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                                                  2574                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  first and last names, organization                         Campaign form letters. Please submit                test procedures for microwaves should
                                                  names, correspondence containing                        campaign form letters by the originating               contact Appliance and Equipment
                                                  comments, and any documents                             organization in batches of between 50 to               Standards Program staff at (202) 287–
                                                  submitted with the comments.                            500 form letters per PDF or as one form                1445 or via email at
                                                     Do not submit to http://                             letter with a list of supporters’ names                ApplianceStandardsQuestions@
                                                  www.regulations.gov information for                     compiled into one or more PDFs. This                   ee.doe.gov.
                                                  which disclosure is restricted by statute,              reduces comment processing and                           Issued in Washington, DC, on December
                                                  such as trade secrets and commercial or                 posting time.                                          14, 2017.
                                                  financial information (hereinafter                         Confidential Business Information.
                                                                                                                                                                 Kathleen B. Hogan,
                                                  referred to as Confidential Business                    According to 10 CFR 1004.11, any
                                                                                                                                                                 Deputy Assistant Secretary for Energy
                                                  Information (‘‘CBI’’)). Comments                        person submitting information that he
                                                                                                                                                                 Efficiency, Energy Efficiency and Renewable
                                                  submitted through http://                               or she believes to be confidential and                 Energy.
                                                  www.regulations.gov cannot be claimed                   exempt by law from public disclosure
                                                                                                                                                                 [FR Doc. 2018–00776 Filed 1–17–18; 8:45 am]
                                                  as CBI. Comments received through the                   should submit via email, postal mail, or
                                                                                                                                                                 BILLING CODE 6450–01–P
                                                  website will waive any CBI claims for                   hand delivery two well-marked copies:
                                                  the information submitted. For                          one copy of the document marked
                                                  information on submitting CBI, see the                  confidential including all the
                                                                                                          information believed to be confidential,               DEPARTMENT OF TRANSPORTATION
                                                  Confidential Business Information
                                                  section.                                                and one copy of the document marked
                                                                                                          ‘‘non-confidential’’ with the information              Federal Aviation Administration
                                                     DOE processes submissions made
                                                  through http://www.regulations.gov                      believed to be confidential deleted.
                                                                                                          Submit these documents via email or on                 14 CFR Part 71
                                                  before posting. Normally, comments
                                                  will be posted within a few days of                     a CD, if feasible. DOE will make its own               [Docket No. FAA–2017–1092; Airspace
                                                  being submitted. However, if large                      determination about the confidential                   Docket No. 17–AWP–27]
                                                  volumes of comments are being                           status of the information and treat it
                                                                                                          according to its determination.                        Proposed Amendment of Class E
                                                  processed simultaneously, your                                                                                 Airspace; Merced, CA
                                                                                                             Factors of interest to DOE when
                                                  comment may not be viewable for up to
                                                                                                          evaluating requests to treat submitted                 AGENCY: Federal Aviation
                                                  several weeks. Please keep the comment
                                                                                                          information as confidential include (1) a              Administration (FAA), DOT.
                                                  tracking number that http://
                                                                                                          description of the items, (2) whether
                                                  www.regulations.gov provides after you                                                                         ACTION: Notice of proposed rulemaking
                                                                                                          and why such items are customarily
                                                  have successfully uploaded your                                                                                (NPRM).
                                                                                                          treated as confidential within the
                                                  comment.
                                                                                                          industry, (3) whether the information is               SUMMARY:    This action proposes to
                                                     Submitting comments via email, hand                  generally known by or available from
                                                  delivery, or mail. Comments and                                                                                amend Class E airspace extending
                                                                                                          other sources, (4) whether the                         upward from 700 feet above the surface
                                                  documents submitted via email, hand                     information has previously been made
                                                  delivery, or mail also will be posted to                                                                       at Merced Regional/MacReady Field
                                                                                                          available to others without obligation                 (formerly Merced Municipal/MacReady
                                                  http://www.regulations.gov. If you do                   concerning its confidentiality, (5) an
                                                  not want your personal contact                                                                                 Field), Merced, CA, to accommodate
                                                                                                          explanation of the competitive injury to               airspace redesign due to the
                                                  information to be publicly viewable, do                 the submitting person which would
                                                  not include it in your comment or any                                                                          decommissioning of the El Nido VHF
                                                                                                          result from public disclosure, (6) when                Omnidirectional Range/Distance
                                                  accompanying documents. Instead,                        such information might lose its
                                                  provide your contact information on a                                                                          Measuring Equipment (VOR/DME) as
                                                                                                          confidential character due to the                      the FAA transitions from ground-based
                                                  cover letter. Include your first and last               passage of time, and (7) why disclosure
                                                  names, email address, telephone                                                                                to satellite-based navigation. Also, this
                                                                                                          of the information would be contrary to                action would remove Class E airspace
                                                  number, and optional mailing address.                   the public interest.
                                                  The cover letter will not be publicly                                                                          upward from 1,200 feet above the
                                                                                                             It is DOE’s policy that all comments
                                                  viewable as long as it does not include                                                                        surface and would update the airport
                                                                                                          may be included in the public docket,
                                                  any comments.                                           without change and as received,                        name to match the FAA’s aeronautical
                                                     Include contact information each time                including any personal information                     database. An editorial change would
                                                  you submit comments, data, documents,                   provided in the comments (except                       also be made to the Class E surface area
                                                  and other information to DOE. If you                    information deemed to be exempt from                   airspace legal description replacing
                                                  submit via mail or hand delivery, please                public disclosure).                                    ‘‘Airport/Facility Directory’’ with the
                                                  provide all items on a CD, if feasible. It                 DOE considers public participation to               term ‘‘Chart Supplement’’. These
                                                  is not necessary to submit printed                      be a very important part of the process                actions are necessary for the safety and
                                                  copies. No facsimiles (faxes) will be                   for developing test procedures and                     management of instrument flight rules
                                                  accepted.                                               energy conservation standards. DOE                     (IFR) operations at the airport.
                                                     Comments, data, and other                            actively encourages the participation                  DATES: Comments must be received on
                                                  information submitted to DOE                            and interaction of the public during the               or before March 5, 2018.
                                                  electronically should be provided in                    comment period in each stage of this                   ADDRESSES: Send comments on this
                                                  PDF (preferred), Microsoft Word or                      process. Interactions with and between                 proposal to the U.S. Department of
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Excel, WordPerfect, or text (ASCII) file                members of the public provide a                        Transportation, Docket Operations, 1200
                                                  format. Provide documents that are not                  balanced discussion of the issues and                  New Jersey Avenue SE, West Building
                                                  secured, written in English and free of                 assist DOE in the process. Anyone who                  Ground Floor, Room W12–140,
                                                  any defects or viruses. Documents                       wishes to be added to the DOE mailing                  Washington, DC 20590; telephone:
                                                  should not contain special characters or                list to receive future notices and                     1(800) 647–5527, or (202) 366–9826.
                                                  any form of encryption and, if possible,                information about this process, the                    You must identify FAA Docket No.
                                                  they should carry the electronic                        subject of this notice, or any other                   FAA–2017–1092; Airspace Docket No.
                                                  signature of the author.                                questions with regards to the Federal                  17–AWP–27, at the beginning of your


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Document Created: 2018-01-18 00:42:25
Document Modified: 2018-01-18 00:42:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information (``RFI'').
DatesWritten comments and information are requested and will be accepted on or before February 20, 2018.
ContactDr. 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: [email protected]
FR Citation83 FR 2566 
CFR Citation10 CFR 429
10 CFR 430

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