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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules
42 U.S.C. 6295s The DOE test procedures for microwave ovens appear at title 10 of the Code of Federal Regulations CFR part 430.23i and 10 CFR part 430, subpart B, appendix I
Appendix I.
Federal energy conservation requirements generally supersede State laws or regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297ac DOE
may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions set forth under EPCA. See 42 U.S.C.
6297d Pursuant to the amendments contained in the Energy Independence and Security Act of 2007 EISA 2007, Public Law 110140, any final rule for new or amended energy conservation standards promulgated after July 1, 2010, is required to address standby mode and off mode energy use. 42
U.S.C. 6295gg3 Specifically, when DOE adopts a standard for a covered product after that date, it must, if justified by the criteria for adoption of standards under EPCA 42 U.S.C.
6295o, incorporate standby mode and off mode energy use into a single standard, or, if that is not feasible, adopt a separate standard for such energy use for that product. 42 U.S.C.
6295gg3AB DOEs current test procedures for microwave ovens address standby mode and off mode energy use. In this analysis, DOE
considers such energy use in its determination of whether energy conservation standards need to be amended.
DOE must periodically review its already established energy conservation standards for a covered product no later than 6 years from the issuance of a final rule establishing or amending a standard for a covered product. 42
U.S.C. 6295m This 6-year look-back provision requires that DOE publish either a determination that standards do not need to be amended or a NOPR, including new proposed standards proceeding to a final rule, as appropriate. 42 U.S.C. 6295m1
EPCA further provides that, not later than 3 years after the issuance of a final determination not to amend standards, DOE must publish either a notification of determination that standards for the product do not need to be amended, or a NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C.

6295m3B DOE must make the analysis on which a determination is based publicly available and provide an opportunity for written comment. 42
U.S.C. 6295m2
A determination that amended standards are not needed must be based on consideration of whether amended standards will result in significant conservation of energy, are technologically feasible, and are costeffective. 42 U.S.C. 6295m1A and 42 U.S.C. 6295n2 Additionally, any new or amended energy conservation standard prescribed by the Secretary for any type or class of covered product shall be designed to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. 42 U.S.C.
6295o2A Among the factors DOE
considers in evaluating whether a proposed standard level is economically justified includes whether the proposed standard at that level is cost-effective, as defined under 42 U.S.C.
6295o2BiII. Under 42 U.S.C.
6295o2BiII, an evaluation of cost-effectiveness requires DOE to consider savings in operating costs throughout the estimated average life of the covered products in the type or class compared to any increase in the price, initial charges, or maintenance expenses for the covered products that are likely to result from the standard.
42 U.S.C. 6295n2 and 42 U.S.C.
6295o2BiII DOE is publishing this NOPD in satisfaction of the 6-year review requirement in EPCA.

3 EPCA prescribed that gas kitchen ranges and ovens having an electrical supply cord shall not be
equipped with a constant burning pilot for products
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B. Background 1. Current Standards In a final rule published on June 17, 2013 June 2013 Final Rule, DOE
prescribed the current energy conservation standards for microwave ovens manufactured on or after June 17, 2016. 78 FR 36316. These energy conservation standards address standby mode and off mode energy use and prescribe the maximum allowable average standby power in watts W
as set forth in 10 CFR 430.32j3 and repeated in Table II1 of this document.

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TABLE II1FEDERAL ENERGY CONSERVATION STANDARDS FOR MICROWAVE OVENS

Product class
Microwave-Only Ovens and Countertop Convection Microwave Ovens
Built-In and Over-the-Range Convection Microwave Ovens
Maximum allowable average standby power w
1.0
2.2

2. History of Standards Rulemakings for Microwave Ovens EPCA prescribed an energy conservation standard for kitchen ranges and ovens,3 and directed DOE to conduct two cycles of rulemakings to determine whether to amend standards for these products. 42 U.S.C.
6295h2AB DOE completed the first of these rulemaking cycles by publishing a final rule on September 8, 1998, that codified the prescriptive design standard for gas cooking products established in EPCA, but found that no standards were justified for electric cooking products, including microwave ovens, at that time. 63 FR
48038, 4805348054. DOE completed the second rulemaking cycle and published a final rule on April 8, 2009, in which it determined, among other things, that standards for microwave oven active mode energy use were not economically justified. 74 FR 16040
April 2009 Final Rule.
Most recently, DOE published the June 2013 Final Rule, adopting energy conservation standards for microwave ovens. 78 FR 36316. In the June 2013
Final Rule, DOE maintained its prior determination that active mode standards are not warranted for microwave ovens and prescribed energy conservation standards that address the standby and off mode energy use of microwave ovens. 78 FR 36316, 36317.
In support of the present review of the microwave oven energy conservation standards, DOE published a request for information RFI on August 13, 2019
August 2019 RFI, which identified various issues on which DOE sought comment to inform its determination of whether the standards need to be amended. 84 FR 39980.
DOE received six comments in response to the August 2019 RFI from the interested parties listed in Table II2.
manufactured on or after January 1, 1990. 42 U.S.C.
6295h2A

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