[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Proposed Rules]
[Pages 32627-32628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15474]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430


Energy Conservation Program for Consumer Products; Energy 
Efficiency Standards for Television Sets

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (Department) today withdraws a 
proposed rule to establish energy efficiency standards for television 
sets. Promulgation of such a rule is discretionary under the terms of 
the authorizing legislation for the program. This action is based on: a 
decision to focus the Department's limited resources on standards-
related rulemakings that are mandatory under the authorizing 
legislation; and acceptance of arguments reflected in the comments that 
the uncertainty created by the rulemaking and any resulting standards 
could adversely affect the development of innovative television 
technologies critical to the Nation's future economy and international 
competitive position.

FOR FURTHER INFORMATION CONTACT:

Ingrid Watson, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Forrestal Building, Mail Station EE-431, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-8119
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Forrestal Building, Mail Station GC-72, 1000 Independence 
Avenue, SW., Washington, DC 20585, (202) 586-9507

SUPPLEMENTARY INFORMATION:

1. Authority

    Part B of Title III of the Energy Policy and Conservation Act 
(EPCA), Pub. L. 94-163, created the Energy Conservation Program for 
Consumer Products other than automobiles. In 1978, the National Energy 
Conservation Policy Act (NECPA), Pub. L. 95-619, amended EPCA and 
required DOE to establish mandatory energy efficiency standards for 
each of the 13 listed ``covered products,'' including television sets. 
In 1987, the National Appliance Energy Conservation Act (NAECA), Pub. 
L. 100-12, amended EPCA, by refining the list of appliances defined as 
``covered products'' and establishing federal energy conservation 
standards for 11 of the 12 ``covered products'' on the revised list. 
Television sets have a unique status under EPCA--televisions are listed 
as ``covered products,'' but are the only covered product for which the 
statute does not require a standard. Moreover, televisions have a 
unique status under EPCA with regard to rulemakings. EPCA requires the 
Department to undertake rulemakings with regard to the other covered 
products according to a prescribed schedule. By contrast, with regard 
to televisions, EPCA provides the Secretary with discretion to 
establish an energy conservation standard for television sets by rule, 
but does not require such a rulemaking. 42 U.S.C. 6295(l)(3).

2. Background

    On March 4, 1994, the Department published a notice of proposed 
rulemaking regarding energy conservation standards for eight products. 
(59 FR 10464.) The rulemaking is mandatory for seven of these products. 
The eighth product was television sets. The Department invited 
interested members of the public to submit written comments and to 
participate at a public hearing. The public comment period closed on 
July 18, 1994. During the comment period, over 35 comments were 
received on the proposed rule regarding energy conservation standards 
on television sets from manufacturers, consumers, members of Congress, 
retailers, national energy advocates and environmental groups. The 
Department has reviewed and evaluated the comments. On January 31, 
1995, the Department published a Federal Register notice describing the 
Department's plans for pursuing these rulemakings. (60 FR 5880.) That 
notice acknowledged the need for further data collection prior to 
deciding how to proceed with the proposed standards for televisions. 
Such data collection would involve original development of test data 
that is otherwise unavailable.
    Since the January notice, there have been a variety of 
developments. First, the appropriations requested for this program and 
preliminary Congressional actions on this request suggest that 
resources to carry out this program are likely to be limited and are 
unlikely to be sufficient to support all of the possible analyses 
related to TVs and other products covered by the authorizing 
legislation. Second, the Department has been urged to give priority to 
rulemakings affecting other products by manufacturers of those 
[[Page 32628]] other products and other interested persons. Some of 
these rulemakings may result in very large additional energy savings 
and economic benefits.
    Third, Department officials met with representatives of the 
Electronics Industry Association (EIA) to discuss options for the 
proposed standards on televisions. EIA reiterated comments made in its 
written submissions, and urged DOE to terminate the rulemaking with 
regard to televisions. EIA's arguments stressed that: the energy usage 
of an individual television is relatively small; standards could 
adversely affect the utility of the product; the large number of 
options make it difficult to design an efficiency standard; the 
proposed standard might have anti-competitive effects; and standards 
could interfere with the development of the information superhighway.
    Fourth, DOE officials met with a representative of the American 
Council for an Energy Efficient Economy (ACEEE) concerning the proposed 
television standards. ACEEE acknowledged that further data collection 
may be needed before pursuing the rulemaking, but advised DOE to 
continue with efforts to collect the necessary information. ACEEE also 
indicated that televisions need not be a top priority of the appliance 
program. However, they urged DOE to hold the rulemaking in abeyance 
pending collection of further data rather than affirmatively 
terminating the rulemaking.
3. Discussion

    DOE acknowledges that, as some of the comments argued, its 
engineering analysis in support of the proposed television standards 
did not consider the energy use of the large number of special features 
now available on many televisions. Remedying that defect would require 
DOE to engage in expensive and time consuming testing of television 
sets, and it is impossible to know whether the results of such testing 
would support the establishment of Federal energy efficiency standards. 
Additionally some of those special features would require modifications 
to the DOE test procedure in order to adequately measure the impact of 
the features on energy consumption. If DOE were to undertake such 
testing and possible test procedure modifications, it would expend 
limited resources on a project with less potential benefits than 
currently mandated EPCA rulemakings. Moreover, devotion of additional 
resources to setting television standards would make it very difficult 
to respond to the requests of companies in other industries that are 
subject to mandatory standards and that are pressing the Department to 
assign higher priority to completion of updated test procedure and 
standards rulemakings that they view as beneficial. In view of the 
limited funds likely to be available for implementing this program, the 
Department has decided that priority must be assigned to completion of 
mandatory rulemakings and not to this discretionary rulemaking.
    Several comments claim that there is a significant risk that the 
prospect of standards could adversely affect ongoing fundamental 
changes in television technology and markets. These technology changes 
could have significant implications for the energy use of televisions, 
as well as for the range of communication, data processing, and other 
services provided by the televisions of the future and their associated 
electronic equipment. Some of the possible developments in television 
technology that could significantly affect their energy use include: 
high definition television, emergency broadcast features, virtual 
reality entertainment, built-in video cassette recorders, on screen 
program guides, and interactive information and communication features 
necessary for access to the National Information Infrastructure (the 
so-called ``information superhighway''). These changes in technology 
distinguish televisions from other covered products that, for the most 
part, are based on well-established, relatively stable technologies. 
The Department recognizes that technology and product developments 
continuing throughout the 1990's and into the next decade will be 
critical to the future success of the U.S. television industry. The 
Department further also recognizes that the development of Federal 
energy efficiency standards for televisions could adversely affect the 
willingness of private industry to invest in new technologies or 
products that might otherwise produce substantial economic benefits. 
The Department believes this risk, although not precisely quantifiable, 
could be significant.
    Accordingly, in order to focus its resources on mandatory 
rulemakings and to avoid the risk of undue interference in the 
development of new technology and products critical to the Nation's 
future economic health and international competitive position, the 
Department today gives notice of the withdrawal of its proposed energy 
efficiency standards for televisions.

    Issued in Washington, DC, June 20, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 95-15474 Filed 6-22-95; 8:45 am]
BILLING CODE 6450-01-P