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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules conservation standards at 42 U.S.C.
6295m1, cost-effectiveness of potential amended standards is a relevant consideration both where DOE
proposes to adopt such standards, as well as where it does not. In considering cost-effectiveness when making a determination of whether existing energy conservation standards do not need to be amended, DOE considers the savings in operating costs throughout the estimated average life of the covered product compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered product that are likely to result from a standard. 42 U.S.C.
6295m1Areferencing 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 Cost-effectiveness is one of the factors that DOE must ultimately consider under 42 U.S.C. 6295o2B
to support a finding of economic justification, if it is determined that amended standards are appropriate under the applicable statutory criteria.
42 U.S.C. 6295o2BiII

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IV. Methodology and Discussion of Related Comments This section addresses the analyses DOE performed for this proposed determination regarding microwave ovens. Separate subsections address components of DOEs analyses as performed for the June 2013 Final Rule.
DOE used a national impact analysis methodology and calculated the NES
expected to result from potential energy conservation standards.
A. Active Mode Standards As part of the January 2018 RFI, DOE
requested information on the feasibility of establishing an active mode test procedure for microwave ovens, including convection microwave ovens.
83 FR 2566, 2570. Similarly, in the August 2019 RFI, DOE requested comment and information on whether standards for microwave ovens in active mode were justified and on the feasibility of incorporating active mode, standby mode and off mode energy use into a single standard if DOE were to develop an active mode test procedure.
84 FR 39980, 39983.
In response to the August 2019 RFI, DOE received several comments related to active mode energy conservation standards. GE Appliances stated that
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there is no justification for active mode energy conservation standards due to the insufficient energy savings and lack of economic benefit. GE Appliances, No. 5 at p. 2 GE Appliances and AHAM
also stated that no other country currently requires active mode testing for microwave oven energy conservation standards, with AHAM adding that a requirement for active mode measurement would put the United States at odds with other countries, be unduly burdensome, and would require 56 times the current test time. GE
Appliances, No. 5 at p. 2 and AHAM, No. 6 at p. 2 AHAM stated that if DOE
were to amend the test procedure to address active mode energy use, DOE
would need to seek information again on energy conservation standards for microwave ovens as the test procedure affects the standards analysis. AHAM
No. 5, at p. 2
AHAM further commented that it does not believe that standards would be justified for active mode because, to AHAMs knowledge, there is no technology currently available to reduce energy use in the active mode for either microwave-only ovens or convection microwave ovens. AHAM stated that there is no evidence to indicate that DOEs prior analysis and determination in the April 2009 Final Rule that active mode standards for microwave ovens would not be economically justified would be different today. The CA IOUs provided comments in support of incorporating active mode energy usage into microwave oven efficiency standards, stating that active mode accounts for 80 percent of annualized unit energy consumption for microwave ovens. CA IOUs, No. 7 at p. 3 ASAP
and CEC encouraged DOE to adopt an active mode test procedure for microwave ovens, stating that active mode energy consumption is almost 90
percent of the total annual energy consumption for microwave ovens, and that there is significant variation in active mode energy use among models.
ASAP and CEC added that it likely is not technically feasibility to incorporate active mode, standby mode, and off mode into a single energy use metric.
ASAP and CEC, No. 8 at p. 1
As stated, the DOE test procedure does not measure active mode energy use of microwave ovens. DOE
considered in the most recent microwave oven test procedure rulemaking whether to adopt provisions for measuring the energy use of microwave ovens in active mode. In the November 2019 TP NOPR, DOE made an initial determination that an active mode measurement for microwave ovens would be unduly burdensome at
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this time due to the expected increase in testing cost resulting from increased testing time and the potential need for new laboratory equipment and facility upgrades that would not be justified. 84
FR 61838. Therefore, DOE did not propose an active mode test procedure in the November 2019 TP NOPR.
Accordingly, DOE did not consider energy conservation standards for active mode energy use of microwave ovens in this NOPD.
Additionally, consistent with AHAMs comment, DOE is unaware of changes to the market or available technology that would suggest DOEs previous determination in the April 2009 Final Rule that an energy conservation standard for microwave oven active mode would not be technologically feasible and economically justified would be different at the present time. See 74 FR
16040, 16087.
B. Market and Technology Assessment DOE develops information in the market and technology assessment that provides an overall picture of the market for the products concerned, including the purpose of the products, the industry structure, manufacturers, market characteristics, and technologies used in the products. This activity includes both quantitative and qualitative assessments, based primarily on publicly available information. The subjects addressed in the market and technology assessment for this proposed determination include 1 a determination of the scope and product classes, 2 manufacturers and industry structure, 3 existing efficiency programs, 4 shipments information, 5
market and industry trends, and 6
technologies or design options that could improve the energy efficiency of microwave ovens. The key findings of DOEs market assessment are summarized in the following sections.
1. Scope of Coverage and Product Classes In this analysis, DOE relied on the definition of microwave ovens in 10
CFR 430.2, which defines microwave oven as household cooking appliances 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 components of a combined cooking product. Any product meeting the definition of microwave oven is included in DOEs scope of coverage.

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