Proposed Rule2021-16023
Energy Conservation Program: Test Procedure for Microwave Ovens
Primary source
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Published
August 3, 2021
Issuing agencies
Energy Department
Abstract
On November 14, 2019, the U.S. Department of Energy ("DOE") published a notice of proposed rulemaking ("NOPR") for the test procedure for microwave ovens. Following receipt of comments, DOE is publishing this supplemental notice of proposed rulemaking ("SNOPR") for the limited purpose of clarifying the current procedure for testing a microwave oven that has a connected (i.e., network) function, which is generally to disable the connected function when measuring standby mode power consumption. Further, DOE proposes to explicitly specify in its test procedure that standby power be measured with the connected function enabled if the means for disabling the network function are not provided in the manufacturer's user manual. DOE is seeking comment from interested parties on the proposal.
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41759-41766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16023]
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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.
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 /
Proposed Rules
[[Page 41759]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0024]
RIN 1904-AE01
Energy Conservation Program: Test Procedure for Microwave Ovens
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking and request for
comment.
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SUMMARY: On November 14, 2019, the U.S. Department of Energy (``DOE'')
published a notice of proposed rulemaking (``NOPR'') for the test
procedure for microwave ovens. Following receipt of comments, DOE is
publishing this supplemental notice of proposed rulemaking (``SNOPR'')
for the limited purpose of clarifying the current procedure for testing
a microwave oven that has a connected (i.e., network) function, which
is generally to disable the connected function when measuring standby
mode power consumption. Further, DOE proposes to explicitly specify in
its test procedure that standby power be measured with the connected
function enabled if the means for disabling the network function are
not provided in the manufacturer's user manual. DOE is seeking comment
from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than September 2, 2021. See section V, ``Public
Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. 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: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: to <a href="/cdn-cgi/l/email-protection#95d8c2daa7a5a4a2c1c5a5a5a7a1d5f0f0bbf1faf0bbf2fae3"><span class="__cf_email__" data-cfemail="074a5048353736305357373735334762622963686229606871">[email protected]</span></a>. Include docket number EERE-
2017-BT-TP-0024 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of
public comments via postal mail and hand delivery/courier. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/
docket?D=EERE[dash]2017[dash]BT[dash]TP[dash]0024. The docket web page
contains instructions on how to access all documents, including public
comments, in the docket. See section V for information on how to submit
comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email <a href="/cdn-cgi/l/email-protection#1558425a272524224145252527215570703b717a703b727a63"><span class="__cf_email__" data-cfemail="8cc1dbc3bebcbdbbd8dcbcbcbeb8cce9e9a2e8e3e9a2ebe3fa">[email protected]</span></a>.
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-1445. Email: <a href="/cdn-cgi/l/email-protection#256640494c440b764d4057654d540b414a400b424a53"><span class="__cf_email__" data-cfemail="a2e1c7cecbc38cf1cac7d0e2cad38cc6cdc78cc5cdd4">[email protected]</span></a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#672617170b0e0609040234130609030615031436120214130e0809142702024903080249000811"><span class="__cf_email__" data-cfemail="226352524e4b434c41477156434c464350465173574751564b4d4c516247470c464d470c454d54">[email protected]</span></a>.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Connected Functions
B. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Submission of Comments
VI. Approval of the Office of the Secretary
I. Authority and Background
``Kitchen ranges and ovens,'' which include microwave ovens, are
included in the list of ``covered products'' for which DOE is
authorized to establish and amend energy conservation standards and
test procedures. (42 U.S.C. 6292(a)(10)) DOE's energy conservation
standard for microwave ovens is currently prescribed at title 10 of the
Code of Federal Regulations (``CFR'') part 430 section 430.32(j).
Currently, the energy conservation
[[Page 41760]]
standard for microwave ovens addresses standby mode and off mode power
use only. DOE's test procedures for microwave ovens are prescribed at
10 CFR 430.23(i) and appendix I to subpart B of 10 CFR part 430
(``Appendix I''). The following sections discuss DOE's authority to
establish test procedures for microwave ovens and relevant background
information regarding DOE's consideration of test procedures for this
product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include microwave ovens, the subject of this document. (42
U.S.C. 6292(a)(10))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby mode and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
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EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including microwave
ovens, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days.\5\ In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. DOE is publishing this
SNOPR in accordance with the 7-year review requirement specified in
EPCA. (42 U.S.C. 6293(b)(1)(A))
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\5\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. In the present case, DOE
initially provided 60 days for comment on the proposed rulemaking.
84 FR 61835 (Nov. 11, 2019). DOE is providing an additional 30-day
comment period for the supplemental proposal presented in this
document.
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B. Background
On November 14, 2019, DOE published a NOPR (``November 2019 NOPR'')
that, in part, proposed to amend the standby mode test procedure of
microwave ovens to explicitly provide that microwave ovens with
connected functions (e.g., microwave ovens that use Bluetooth[supreg]
technology, Wi-Fi, or internet connections) are to be tested with
network functions disabled. 84 FR 61836, 61843. DOE further proposed
that if the connected function cannot be disabled per manufacturer's
instructions in the owner's manual (e.g., by pressing a button on the
microwave oven's control panel), the energy use of such connected
function need not be
[[Page 41761]]
reported to DOE nor used in determining compliance with the applicable
energy conservation standard. Id. Aside from an alternative approach of
generally subtracting the energy use of the network functions from the
standby mode energy measurement, DOE did not propose a specific test
method or calculation for disaggregating energy use from a connected
function from standby energy use in those instances in which the
connected function cannot be disabled per manufacturer's instructions.
DOE held a public meeting via a webinar to present the proposed
amendments and provide stakeholders an opportunity to comment.\6\
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\6\ The transcript of the public meeting is available at
<a href="http://www.regulations.gov/document?D=EERE-2017-BT-TP-0024-0011">www.regulations.gov/document?D=EERE-2017-BT-TP-0024-0011</a>.
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DOE received comments in response to the November 2019 NOPR from
the interested parties listed in Table I.1.
Table I.1--Written Comments Received in Response to November 2019 NOPR
----------------------------------------------------------------------------------------------------------------
Organization(s) Reference in this SNOPR Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM.................... Trade Association.
Manufacturers.
California Investor Owned Utilities CA IOUs................. Utility Association.
(Pacific Gas and Electric Company, San
Diego Gas and Electric, and Southern
California Edison).
Natural Resources Defense Council, Joint Commenters........ Efficiency Organizations.
Appliance Standards Awareness Project,
American Council for an Energy-
Efficient Economy, National Consumer
Law Center, Consumer Federation of
America, Northwest Energy Efficiency
Alliance.
Whirlpool Corporation.................. Whirlpool............... Manufacturer.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
This SNOPR addresses only those comments relevant to the proposals laid
out in this document; all other relevant comments will be addressed in
a future test procedure final rule for microwave ovens.
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\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking for the test
procedure for microwave ovens. (Docket No. EERE-2017-BT-TP-0024,
which is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
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II. Synopsis of the Notice of Proposed Rulemaking
In this SNOPR, DOE revises its November 2019 NOPR proposal for
testing microwave ovens with a connected function and specifies
explicitly that if the manufacturer's user manual does not provide a
means for disabling the network function, the microwave oven is tested
with the network function in the factory default setting or in the as-
shipped condition.
DOE has tentatively determined that this approach to testing
microwave ovens with a connected function would not impact the measured
standby energy use of a microwave oven nor impact the cost of testing.
Discussion of DOE's proposed actions are addressed in detail in section
III of this SNOPR.
III. Discussion
A. Connected Functions
As stated, the energy conservation standard for microwave ovens at
10 CFR 430.23(i) and the test procedure at Appendix I address standby
mode and off mode energy use only. In establishing the standby energy
test procedures for dishwashers, dehumidifiers, and conventional
cooking products, DOE explicitly stated that it was not including the
energy use associated with a connected function based on the lack of
data on their functionality, but that DOE may consider addressing such
energy use as data becomes available. 77 FR 65942, 65954 (Oct. 31,
2012). DOE's most recent test procedure for microwave ovens did not
address network functionality. 81 FR 91418 (Dec. 16, 2016).
Section 2.1.3 of Appendix I generally specifies that a microwave
oven must be installed in accordance with paragraph 5.2 of IEC Standard
62301, ``Household electrical appliances--Measurement of standby
power,'' Edition 2.0, 2011-01 (IEC Standard 62301 (Second Edition)),
which states that the product must be prepared and setup in accordance
with manufacturer's instructions, and if no instructions for use are
available, then factory or default settings must be used, or if such
settings are not indicated, the product must be tested as supplied. DOE
recognizes that there may be some confusion as to how the direction in
section 2.1.3 applies to connected functions. In order to minimize
potential confusion, DOE proposed to include explicit instruction in
Appendix I to disable a connected function, if present. 84 FR 61836,
61843.
AHAM and Whirlpool expressed support for disabling connected
features during testing. (AHAM, No. 15 at p. 4; Whirlpool, No. 16 at p.
1) AHAM stated that connected functionalities, consumers' usage, and
understanding of such features are still developing, and that
regulating such features could stifle innovation, increase regulatory
burden, and prevent manufacturers from including them. (AHAM, No. 15 at
p. 4) AHAM further commented that connected features can add energy
saving benefits to consumers, increase energy efficiency of the grid,
help utilities increase demand response, and facilitate renewable
energy sources; however, because connected products are still in early
stages of development with limited market penetration, no meaningful
data on consumer use is available yet. (AHAM, No. 15 at p. 4)
CA IOUs disagreed with excluding the energy use from connected
functions, stating that connected functions could qualify under EPCA's
definition of standby mode by remotely facilitating the activation or
deactivation of functions, including active mode. (CA IOUs, No. 14 at
p. 1) CA IOUs further suggested that DOE consider California Energy
Commission's (``CEC's'') low power mode data collection requirements,
as well as low power requirements by the European Union (``EU'') and
other jurisdictions, when investigating how to regulate connected
functions' power consumption. (CA IOUs, No. 14 at p. 2)
The Joint Commenters opposed excluding the energy use from
connected functions, stating that this approach would deny consumers
accurate information about microwave ovens' energy usage. (Joint
Commenters, No. 13 at p. 3) The Joint Commenters stated that a growing
number of connected features are being added to products, and that
their energy consumption can vary widely. The Joint Commenters cited
Natural Resources Defense Council research data showing a wide
variation in the standby mode energy consumption of connected functions
on televisions, ranging from 1 watt (``W'') on some models to 20 W on
others. (Joint Commenters, No. 13 at pp.
[[Page 41762]]
3-4) The Joint Commenters further asserted that DOE's exclusion of
energy use from connected features in the test procedure harms
consumers and manufacturers that implemented these features
efficiently. (Joint Commenters, No. 13 at p. 4) The Joint Commenters
urged DOE to undertake its own investigation of the energy use of
connected features. (Joint Commenters, No. 13 at p. 4)
DOE is aware of microwave ovens on the market with connected
functionality to communicate with other cooking products, such as a
range, or with a consumer, either via voice commands or a smartphone or
other device. Such a feature could consume additional energy use,
depending on how it is implemented in the product's controls. However,
DOE lacks sufficient data to design a test procedure that measures the
energy use associated with a connected function that is representative
of average use, as required by EPCA. (See 42 US.C. 6293(b)(3)) As
stated in the November 2019 NOPR, for a unit that is connected to the
internet, the speed and configuration of an internet connection could
also impact the energy consumed by the device. 84 FR 61836, 61843.
Based on a review of manufacturer websites and user manuals of various
appliances, as well as testing conducted in-house and at third-party
laboratories, connected features in microwave ovens are also
implemented in a variety of ways across different brands similar to the
Joint Commentators findings with regards to the implementation of
standby mode in televisions. Id. Further, the design and operation of
these features is continuously evolving as the nascent market begins to
grow for these products. Id.
In addition, DOE notes that the CEC's low power mode open
rulemaking \8\ is still in an early development stage, during which CEC
is actively seeking stakeholder feedback. CEC's stated goal for the low
power mode open rulemaking is to develop a test procedure for low power
mode energy consumption across a wide variety of products.
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\8\ Available at <a href="https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=17-AAER-12">https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=17-AAER-12</a>.
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DOE notes that CEC's draft test procedure does not measure the
energy consumption of the individual network components of connected
devices. Similarly, the EU's regulation on low power modes \9\ also
does not address how to individually measure the energy consumption of
the network components of connected devices; rather, it requires
measuring the device energy consumption as a whole and provides a 0.5 W
maximum power allowance for standby mode and off mode, or 1.0 W maximum
standby power for units with a display. The EU's regulation also
provides design requirements for networked standby mode, requiring
connected devices to automatically switch to a networked standby mode
when not in use.
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\9\ Available at <a href="https://ec.europa.eu/info/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/energy-label-and-ecodesign/energy-efficient-products/mode-standby-and-networked-standby_en">https://ec.europa.eu/info/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/energy-label-and-ecodesign/energy-efficient-products/mode-standby-and-networked-standby_en</a>.
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DOE is not aware of any data available, nor did interested parties
provide any such data, regarding the consumer use of connected
features. Absent such data, DOE is unable to establish a representative
test configuration for assessing the energy consumption of connected
functionality for microwave ovens. Therefore, DOE is proposing explicit
language to require a connected function be disabled, where possible.
DOE requests information and data on the consumer use of connected
functions.
In the November 2019 NOPR, DOE proposed a test procedure provision
to address instances in which a user manual does not provide for
disabling a connected function. 84 FR 61836, 61843. DOE proposed that
in such an instance, the energy use associated with a connection
function need not be reported to DOE nor used in determining compliance
with the applicable energy conservation standard. Id. DOE recognized
that alternative approaches could be considered to address the issue of
microwave ovens that do not provide a means for disabling connected
functionality and suggested that one such approach could be to require
the energy use of the network function to be measured and subtracted
from the standby mode energy measurement. Id. However, DOE did not
propose a specific method for determining the energy associated with a
connected function so that it could be disaggregated from the measured
standby energy use.
In certain microwave oven models, the circuitry that enables
connected functions can be tightly integrated into the circuitry that
provides core functionality. In these conditions, disabling connected
functions would require extensive reconfiguration of a microwave oven's
circuitry. For such a model, with no means for the consumer to disable
the connected functions, a test procedure that is ``reasonably designed
to produce test results which measure [the] energy use'' of that model
``during a representative average use cycle or period of use'' would
include the energy used by the connected functions. The same would be
true of any energy-consuming function that a manufacturer might add to
a model without allowing it to be disabled.
Therefore, DOE is proposing to explicitly state in Appendix I that
if manufacturer instructions provided in a microwave oven's user manual
do not provide for disabling a connected function, the standby power
test procedure is conducted with the connected function in the ``as-
shipped'' condition.
To the extent that manufacturer instructions do not provide for
disabling a connected function, this proposal is consistent with the
current test procedure in Appendix I. Section 2.1.1 of Appendix I
specifies that a microwave oven must be installed in accordance with
paragraph 5.2 of IEC 62301 (Second Edition), which states that the
product must be prepared and setup in accordance with manufacturer's
instructions; and if no instructions are available, then the unit must
be tested using factory or default settings, or, in case such settings
are not indicated, the product must be tested as supplied.
DOE requests comment on the proposed requirements for testing
microwave ovens with network function in the ``as-shipped'' condition
if the manufacturer instructions do not provide for disabling such
function.
DOE is maintaining its proposal from the November 2019 NOPR
regarding the standby power provisions related to microwave oven clock
display and will address this proposal in a future test procedure final
rule. 84 FR 61836, 61841-61842.
B. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) DOE proposes to add an introductory
note to Appendix I specifying that prior to the date 180 days after
publication of a final rule, representations with respect to the energy
use or efficiency of a microwave oven, including compliance
certifications, must be based on testing conducted in accordance with
either the
[[Page 41763]]
test procedure as amended by the final rule, or Appendix I as it
appeared as of January 1, 2021. Beginning on the date 180 days after
publication of a final rule, representations with respect to energy use
or efficiency of a microwave oven, including compliance certifications,
would be required to be based on testing conducted in accordance with
the test procedure as amended by the final rule.
If DOE were to publish an amended test procedure, EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this proposed test procedure rulemaking does not constitute a
``significant regulatory action'' under section 3(f) of Executive Order
(``E.O.'') 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4,
1993). Accordingly, this action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs
(``OIRA'') in OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: <a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>.
DOE reviewed this proposal to amend the test procedures for
microwave ovens under the provisions of the Regulatory Flexibility Act
and the procedures and policies published on February 19, 2003. DOE
certifies that this proposed rule does not have a significant economic
impact on a substantial number of small entities. The factual basis for
this certification is set forth in the following paragraphs.
DOE uses the Small Business Administration's (``SBA'') small
business size standards to determine whether manufacturers qualify as
small businesses, which are listed by the North American Industry
Classification System (``NAICS'') and are available at <a href="http://www.sba.gov/document/support-table-size-standards">www.sba.gov/document/support-table-size-standards</a>. The SBA considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers specified in 13 CFR
part 121. The NAICS code for microwave ovens is 335220, major household
appliance manufacturing. The threshold number for NAICS code 335220 is
1,500 employees. This employee threshold includes all employees in a
business's parent company and any other subsidiaries.
Most of the manufacturers supplying microwave ovens are either
large multinational corporations or overseas microwave oven original
equipment manufacturers (``OEMs'') that manufacture microwave ovens
sold under another company's brand. DOE conducted a focused inquiry
into small business manufacturers of products covered by this
rulemaking. DOE primarily used DOE's Compliance Certification Database
for microwave ovens to create a list of companies that sell microwave
ovens covered by this rulemaking in the United States. DOE also used
the California Energy Commission's database, Modernized Appliance
Efficiency Database System, to correlate brands with OEMs. DOE
identified a total of 48 distinct companies that manufacture or import
microwave ovens in the United States.
DOE then reviewed these companies to determine whether the entities
met the SBA's definition of ``small business'' and screened out any
companies that do not manufacture products covered by this rulemaking,
do not meet the definition of a ``small business,'' or are foreign-
owned and operated. Based on this review, DOE identified one potential
small business that manufactures microwave ovens in the United States.
The amendments proposed in this SNOPR would provide more explicit
direction for the testing of microwave ovens with a connected function.
The test procedure amendments proposed in this SNOPR are consistent
with the current test procedure in Appendix I and do not affect the
small business manufacturer because it does not make microwave ovens
with network functions.
Therefore, DOE initially concludes that the impacts of the proposed
test procedure amendments proposed in this SNOPR would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit the certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of microwave ovens must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including microwave ovens.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (``PRA'').
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The proposal in this SNOPR would not amend the existing reporting
requirements or establish new reporting requirements for manufacturers
of microwave ovens.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act of 1969 (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part
[[Page 41764]]
1021). DOE's regulations include a categorical exclusion for
rulemakings interpreting or amending an existing rule or regulation
that does not change the environmental effect of the rule or regulation
being amended. 10 CFR part 1021, subpart D, Appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it is an interpretive rulemaking that does not change the
environmental effect of the rule and otherwise meets the requirements
for application of a categorical exclusion. See 10 CFR 1021.410. DOE
will complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May
[[Page 41765]]
22, 2001), requires Federal agencies to prepare and submit to OMB, a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of microwave ovens is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
DOE is not proposing any new incorporations by reference of
commercial standards in this SNOPR. The proposed modifications to the
test procedure for microwave ovens in this SNOPR do not incorporate any
new commercial standard.
M. Description of Materials Incorporated by Reference
The proposal in this SNOPR would maintain the previously approved
incorporation by reference of IEC Standard 62301, ``Household
electrical appliances--Measurement of standby power,'' Edition 2.0,
2011-01 (IEC Standard 62301 (Second Edition)). The incorporation by
reference of IEC 62301 (Second Edition) in appendix I to subpart B of
10 CFR part 430 has already been approved by the Director of the
Federal Register and there are no proposed changes to the incorporation
by reference in this SNOPR.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE
[[Page 41766]]
will make its own determination about the confidential status of the
information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
supplemental notice of proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on July 22,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Appendix I to subpart B of part 430 is amended by:
0
a. Adding an introductory note; and
0
b. Revising section 2.1.1;
The addition and revision read as follows:
Appendix I to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Cooking Products
Note: Prior to [Date 180 days after publication of a final
rule], representations with respect to the energy use or efficiency
of a microwave oven, including compliance certifications, must be
based on testing conducted in accordance with either this appendix
as it now appears or appendix I as it appeared at 10 CFR part 430,
subpart B revised as of January 1, 2021. Beginning on [Date 180 days
after publication of a final rule] representations with respect to
energy use or efficiency of a microwave oven, including compliance
certifications, must be based on testing conducted in accordance
with this appendix.
* * * * *
2.1.1 Microwave ovens, excluding any microwave oven component of
a combined cooking product. Install the microwave oven in accordance
with the manufacturer's instructions and connect to an electrical
supply circuit with voltage as specified in section 2.2.1 of this
appendix. Install the microwave oven in accordance with section 5,
paragraph 5.2 of IEC 62301 (Second Edition) (incorporated by
reference; see Sec. 430.3), disregarding the provisions regarding
batteries and the determination, classification, and testing of
relevant modes. If the microwave oven can communicate through a
network (e.g., Bluetooth[supreg] or internet connection), disable
the network function, by means provided in the manufacturer's user
manual, for the duration of testing. If the manufacturer's user
manual does not provide a means for disabling the network function,
test the microwave oven with the network function in the factory
default setting or in the as-shipped condition as instructed in
Section 5, Paragraph 5.2 of IEC 62301 (Second Edition). The clock
display must be on, regardless of manufacturer's instructions or
default setting or supplied setting. The clock display must remain
on during testing, unless the clock display powers down
automatically with no option for the consumer to override this
function. Install a watt meter in the circuit that meets the
requirements of section 2.6.1.1 of this appendix.
* * * * *
[FR Doc. 2021-16023 Filed 8-2-21; 8:45 am]
BILLING CODE 6450-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.