[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Proposed Rules]
[Pages 34914-34918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14825]


 ========================================================================
 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. 76, No. 115 / Wednesday, June 15, 2011 / 
Proposed Rules  

[[Page 34914]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2010-BT-DET-0040]
RIN 1904-AC52


Energy Conservation Program for Consumer Products and Certain 
Commercial and Industrial Equipment: Proposed Determination of Set-Top 
Boxes and Network Equipment as a Covered Consumer Product

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

ACTION: Proposed determination.

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SUMMARY: The U.S. Department of Energy (DOE) has determined tentatively 
that set-top boxes and network equipment qualify as a covered product 
under Part A of Title III of the Energy Policy and Conservation Act 
(EPCA), as amended. DOE has determined that set-top boxes and network 
equipment meet the criteria for covered products because classifying 
products of such type as covered products is necessary or appropriate 
to carry out the purposes of EPCA, and the average U.S. household 
energy use for set-top boxes and network equipment is likely to exceed 
100 kilowatt-hours (kWh) per year.

DATES: DOE will accept written comments, data, and information on this 
notice, but no later than July 15, 2011.

ADDRESSES: Interested persons may submit comments, identified by docket 
number EERE-2008-BT-DET-0040, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include EERE-2008-BT-
DET-0040 and/or RIN 1904-AC52 in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Proposed Determination 
for set-top boxes and network equipment, EERE-2008-BT-DET-0040 and/or 
RIN 1904-AC52, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Phone: (202) 586-2945. Please submit one signed paper original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit 
one signed paper original.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking.
    Docket: For access to the docket to read background documents or 
comments received, go to the U.S. Department of Energy, 6th Floor, 950 
L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please 
call Ms. Brenda Edwards at (202) 586-2945 for additional information 
regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7335. E-mail: 
[email protected].
    In the Office of General Counsel, contact Ms. Elizabeth Kohl, U.S. 
Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 586-
7796. E-mail: [email protected].

Table of Contents

I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition(s)
IV. Evaluation of Set-Top Boxes and Network Equipment as a Covered 
Product Subject to Energy Conservation Standards
    A. Coverage Necessary or Appropriate To Carry Out Purposes of 
EPCA
    B. Average Household Energy Use
V. 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 of 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act of 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comments

I. Statutory Authority

    Title III of the Energy Policy and Conservation Act (EPCA), as 
amended (42 U.S.C. 6291 et seq.), sets forth various provisions 
designed to improve energy efficiency. Part A of Title III of EPCA (42 
U.S.C. 6291-6309) established the ``Energy Conservation Program for 
Consumer Products Other Than Automobiles,'' which covers consumer 
products and certain commercial products (hereafter referred to as 
``covered products'').\1\ In addition to specifying a list of covered 
residential and commercial products, EPCA contains provisions that 
enable the Secretary of Energy to classify additional types of consumer 
products as covered products. For a given product to be classified as a 
covered product, the Secretary must determine that:
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    (1) Classifying the product as a covered product is necessary for 
the purposes of EPCA; and
    (2) The average annual per-household energy use by products of such 
type is likely to exceed 100kWh per year. (42 U.S.C. 6292(b)(1))
    For the Secretary to prescribe an energy conservation standard 
pursuant to 42 U.S.C. 6295(o) and (p) for covered products added 
pursuant to 42 U.S.C. 6292(b)(1), he must also determine that:
    (1) The average household energy use of the products has exceeded 
150 kilowatt-hours per household for a 12-month period,
    (2) The aggregate 12-month energy use of the products has exceeded 
4.2 TWh,
    (3) Substantial improvement in energy efficiency is technologically 
feasible, and
    (4) Application of a labeling rule under 42 U.S.C. 6294 is unlikely 
to be

[[Page 34915]]

sufficient to induce manufacturers to produce, and consumers and other 
persons to purchase, covered products of such type (or class) that 
achieve the maximum energy efficiency that is technologically feasible 
and economically justified. (42 U.S.C. 6295(l)(1)).
    If DOE issues a final determination that set-top boxes and network 
equipment are a covered product, DOE will consider test procedures and 
energy conservation standards for set-top boxes and network equipment. 
DOE will determine if set-top boxes and network equipment satisfy the 
provisions of 42 U.S.C. 6295(l)(1) during the course of any energy 
conservation standards rulemaking.

II. Current Rulemaking Process

    DOE has not previously conducted an energy conservation standard 
rulemaking for set-top boxes and network equipment. If after public 
comment, DOE issues a final determination of coverage for this product, 
DOE will consider both test procedures and energy conservation 
standards for this product.
    With respect to test procedures, DOE will consider a proposed test 
procedure for measuring the energy efficiency, energy use or estimated 
annual operating cost of set-top boxes and network equipment during a 
representative average use cycle or period of use that is not unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In a test procedure 
rulemaking, DOE initially prepares a notice of proposed rulemaking 
(NOPR) and allows interested parties to present oral and written data, 
views, and arguments with respect to such procedures. In prescribing 
new test procedures, DOE takes into account relevant information 
including technological developments relating to energy use or energy 
efficiency of set-top boxes and network equipment.
    With respect to energy conservation standards, DOE is required to 
publish NOPR. The NOPR provides DOE's proposal for potential energy 
conservations standards and a summary of the results of DOE's 
supporting technical analysis. The details of DOE's energy conservation 
standards analysis are provided in a technical support document (TSD) 
that describes the details of DOE's analysis of both the burdens and 
benefits of potential standards, pursuant to 42 U.S.C. 6295(o). Because 
set-top boxes and network equipment would be a product that is newly 
covered under 42 U.S.C. 6292(b)(1), DOE would also consider as part of 
any energy conservation standard NOPR whether set-top boxes and network 
equipment satisfy the requirements of 42 U.S.C. 6295(l)(1). After the 
publication of the NOPR, DOE affords interested persons an opportunity 
during a period of not less than 60 days to provide oral and written 
comment. After receiving and considering the comments on the NOPR and 
not less than 90 days after the publication of the NOPR, DOE would 
issue the final rule prescribing any new energy conservation standards 
for set-top boxes and network equipment.

III. Proposed Definition(s)

    DOE proposes to add a definition for ``Set-top Boxes and Network 
Equipment'' in the Code of Federal Regulations to clarify coverage of 
any potential test procedure or energy conservation standard that may 
arise from today's proposed determination. There currently is no 
statutory definition of set-top boxes and network equipment. DOE has 
determined preliminarily that adding set-top boxes and network 
equipment as a covered product is justified. Accordingly, DOE proposes 
the following definition of set-top boxes and network equipment to 
consider test procedures and energy conservation standards for set-top 
boxes and network equipment and to provide clarity for interested 
parties as it continues its analyses:
    A device whose principle function(s) are to receive television 
signals (including, but not limited to, over-the-air, cable 
distribution system, and satellite signals) and deliver them to another 
consumer device, or to pass Internet Protocol traffic among various 
network interfaces.
    DOE seeks feedback from interested parties on its proposed 
definition of set-top boxes and network equipment.

IV. Evaluation of Set-Top Boxes and Network Equipment as a Covered 
Product Subject to Energy Conservation Standards

    The following sections describe DOE's evaluation of whether set-top 
boxes and network equipment fulfill the criteria for being added as a 
covered product pursuant to 42 U.S.C. 6292(b)(1). As stated previously, 
DOE may classify a consumer product as a covered product if (1) 
classifying products of such type as covered products is necessary and 
appropriate to carry out the purposes of EPCA; and (2) the average 
annual per-household energy use by products of such type is likely to 
exceed 100 kilowatt-hours (or its Btu equivalent) per year.

A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA

    Coverage of set-top boxes and network equipment is necessary or 
appropriate to carry out the purposes of EPCA, which include: (1) To 
conserve energy supplies through energy conservation programs, and, 
where necessary, the regulation of certain energy uses; and (2) to 
provide for improved energy efficiency of motor vehicles, major 
appliances, and certain other consumer products. (42 U.S.C. 6201) The 
energy use of set-top boxes and network equipment has been increasing 
as Internet connections, cable television, and satellite television 
have become increasingly common in the last twenty years. Coverage of 
set top boxes and network equipment will enable the conservation of 
energy supplies through both labeling programs and the regulation of 
set-top box and network equipment energy use. The national energy use 
of set-top boxes and network equipment is estimated to be 24.8 billion 
kilowatt-hours and increasing every year. Because there is significant 
variation in the annual energy consumption of different models 
currently available, technologies exist to reduce the energy 
consumption of set-top boxes and network equipment.

B. Average Household Energy Use

    DOE calculated average household energy use for set-top boxes and 
network equipment, in households that used the product, based on data 
from a report on residential miscellaneous electric loads,\2\ a study 
on network equipment energy use,\3\ and from a report on national 
household Internet access.\4\ These reports provide annual energy use 
per device, and the total number of devices in operation in the U.S. 
The percentage of households with a set-top box is 71%, and the 
percentage of households with Internet access is 69%. Based on this 
data, DOE believes the presence of a set-top box within a household is 
highly correlated with the presence of network equipment. The total 
number of households in the U.S.

[[Page 34916]]

in 2010 was 115 million; \5\ therefore, the number of households using 
set-top boxes and network equipment was approximately 82 million. The 
total household energy use of set-top boxes and network equipment was 
24.8 billion kilowatt-hours (kWh) in 2010. Therefore the average U.S. 
per-household energy use for set-top boxes and network equipment in 
2010 was 302 kilowatt-hours. Therefore, DOE tentatively determines that 
the average annual per-household energy use for set-top boxes and 
network equipment is likely to exceed 100 kWh.
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    \2\ Roth, K.W. et al. 2007. Residential Miscellaneous Electric 
Loads: Energy Consumption Characterization and Savings Potential. 
Prepared by TIAX LLC for DOE.
    \3\ Lanzisera, S., Nordman, B., & Brown, R.E. 2010. Data Network 
Equipment Energy Use and Savings Potential in Buildings. ACEEE 
Summer Study on Energy Efficiency in Buildings.
    \4\ National Telecommunications and Information Administration. 
2010. Digital Nation: 21st Century America's Progress Toward 
Universal Broadband Internet Access. Prepared for Department of 
Commerce.
    \5\ Energy Information Administration. 2010. Annual Energy 
Outlook 2010.
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V. Procedural Issues and Regulatory Review

    DOE has reviewed its proposed determination of set-top boxes and 
network equipment under the following executive orders and acts.

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that coverage 
determination rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
proposed action was not subject to review under the Executive Order by 
the Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996) 
requires preparation of an initial regulatory flexibility analysis for 
any rule that, by law, must be proposed for public comment, unless the 
agency certifies that the proposed rule, if promulgated, will not have 
a significant economic impact on a substantial number of small 
entities. A regulatory flexibility analysis examines the impact of the 
rule on small entities and considers alternative ways of reducing 
negative effects. Also, as required by E.O. 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 impact of its rules on small 
entities are properly considered during the DOE rulemaking process. 68 
FR 7990 (February 19, 2003). DOE makes its procedures and policies 
available on the Office of the General Counsel's Web site at http://www.gc.doe.gov.
    DOE reviewed today's proposed determination under the provisions of 
the Regulatory Flexibility Act and the policies and procedures 
published on February 19, 2003. If adopted, today's proposed 
determination would set no standards; they would only positively 
determine that future standards may be warranted and should be explored 
in an energy conservation standards and test procedure rulemaking. 
Economic impacts on small entities would be considered in the context 
of such rulemakings. On the basis of the foregoing, DOE certifies that 
the proposed determination, if adopted, would have no significant 
economic impact on a substantial number of small entities. Accordingly, 
DOE has not prepared a regulatory flexibility analysis for this 
proposed determination. DOE will transmit this 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

    This proposed determination, which proposes to determine that set-
top boxes and network equipment meet the criteria for a covered product 
for which the Secretary may prescribe an energy conservation standard 
pursuant to 42 U.S.C. 6295(o) and (p), will impose no new information 
or record-keeping requirements. Accordingly, the Office of Management 
and Budget (OMB) clearance is not required under the Paperwork 
Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE proposes to positively determine that future 
standards may be warranted and that environmental impacts should be 
explored in an energy conservation standards rulemaking. DOE has 
determined that review under the National Environmental Policy Act of 
1969 (NEPA), Public Law 91-190, codified at 42 U.S.C. 4321 et seq. is 
not required at this time. NEPA review can only be initiated ``as soon 
as environmental impacts can be meaningfully evaluated'' (10 CFR 
1021.213(b)). This proposed determination would only determine that 
future standards may be warranted, but would not itself propose to set 
any specific standard. DOE has, therefore, determined that there are no 
environmental impacts to be evaluated at this time. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (August 
10, 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 assess carefully 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 developing 
regulatory policies that have Federalism implications. On March 14, 
2000, DOE published a statement of policy describing the 
intergovernmental consultation process that it will follow in 
developing such regulations. 65 FR 13735 (March 14, 2000). DOE has 
examined today's proposed determination and concludes that it would not 
preempt State law or have substantial direct effects on the States, on 
the relationship between the Federal 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 product that is the 
subject of today's proposed determination. States can petition DOE for 
exemption from such preemption to the extent permitted, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297) No further action is 
required by E.O. 13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform'' 61 FR 4729 (February 7, 1996), imposes on Federal 
agencies the duty to: (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 E.O. 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting

[[Page 34917]]

simplification and burden reduction; (4) the retroactive effect, if 
any; (5) definitions of key terms; and (6) other important issues 
affecting clarity and general draftsmanship under any guidelines issued 
by the Attorney General. Section 3(c) of E.O. 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether these standards are met, or 
whether it is unreasonable to meet one or more of them. DOE completed 
the required review and determined that, to the extent permitted by 
law, this proposed determination meets the relevant standards of E.O. 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal 
agency to assess the effects of Federal regulatory actions on State, 
local, and Tribal governments and the private sector. For regulatory 
actions likely to result in a rule that may cause expenditures by 
State, local, and Tribal governments, in the aggregate, or by the 
private sector of $100 million or more in any 1 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) 
and (b)) UMRA 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.'' 
UMRA also requires an agency plan for giving notice and opportunity for 
timely input to small governments that may be potentially affected 
before establishing any requirement that might significantly or 
uniquely affect them. On March 18, 1997, DOE published a statement of 
policy on its process for intergovernmental consultation under UMRA. 62 
FR 12820 (March 18, 1997). (This policy also is available at http://www.gc.doe.gov). DOE reviewed today's proposed determination pursuant 
to these existing authorities and its policy statement and determined 
that the proposed determination contains neither an intergovernmental 
mandate nor a mandate that may result in the expenditure of $100 
million or more in any year, so the UMRA requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act 
of 1999

    Section 654 of the Treasury and General Government Appropriations 
Act of 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 determination 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

    Pursuant to E.O. 12630, ``Governmental Actions and Interference 
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 15, 
1988), DOE determined that this proposed determination would not result 
in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act 
of 2001

    The Treasury and General Government Appropriation Act of 2001 (44 
U.S.C. 3516, note) requires agencies to review most disseminations of 
information they make to the public under guidelines established by 
each agency pursuant to general guidelines issued by the Office of 
Management and Budget (OMB). The OMB's guidelines were published at 67 
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 
FR 62446 (October 7, 2002). DOE has reviewed today's proposed 
determination 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

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 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 promulgates a final rule or is expected to lead to promulgation of 
a final rule, and that: (1) Is a significant regulatory action under 
E.O. 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 the Office of 
Information and Regulatory Affairs (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 if the proposal is implemented, and of reasonable 
alternatives to the proposed action and their expected benefits on 
energy supply, distribution, and use.
    DOE has concluded that today's regulatory action proposing to 
determine that Set-top Boxes and Network Equipment meets the criteria 
for a covered product for which the Secretary may prescribe an energy 
conservation standard pursuant to 42 U.S.C. 6295(o) and (p) would not 
have a significant adverse effect on the supply, distribution, or use 
of energy. This action is also not a significant regulatory action for 
purposes of E.O. 12866, and the OIRA Administrator has not designated 
this proposed determination as a significant energy action under E.O. 
12866 or any successor order. Therefore, this proposed determination is 
not a significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects for this proposed determination.

L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (OSTP), issued its Final Information 
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January 
14, 2005). The Bulletin establishes that certain scientific information 
shall be peer reviewed by qualified specialists before it is 
disseminated by the Federal government, including influential 
scientific information related to agency regulatory actions. The 
purpose of the Bulletin is to enhance the quality and credibility of 
the Government's scientific information. DOE has determined that the 
analyses conducted for this rulemaking do not constitute ``influential 
scientific information,'' which the Bulletin defines as ``scientific 
information the agency reasonably can determine will have or does have 
a clear and substantial impact on important public policies or private 
sector decisions.'' 70 FR 2667 (January 14, 2005). The analyses were 
subject to pre-dissemination review prior to issuance of this 
rulemaking.
    DOE will determine the appropriate level of review that would be 
applicable to any future rulemaking to establish energy conservation 
standards for set-top boxes and network equipment.

[[Page 34918]]

VI. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice of proposed determination no later than the date provided at the 
beginning of this notice. After the close of the comment period, DOE 
will review the comments received and determine whether set-top boxes 
and network equipment is a covered product under EPCA.
    Comments, data, and information submitted to DOE's e-mail address 
for this proposed determination should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Submissions should 
avoid the use of special characters or any form of encryption, and 
wherever possible comments should include the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    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 two copies: One copy of the document should 
have all the information believed to be confidential deleted. DOE will 
make its own determination as to 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 or available from public sources; (4) whether the 
information has previously been made available to others without 
obligations concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting persons which would result from 
public disclosure; (6) a date after which such information might no 
longer be considered confidential; and (7) why disclosure of the 
information would be contrary to the public interest.

B. Issues on Which DOE Seeks Comments

    DOE welcomes comments on all aspects of this proposed 
determination. DOE is particularly interested in receiving comments 
from interested parties on the following issues related to the proposed 
determination for set-top boxes and network equipment:
     Definition(s) of set-top boxes and network equipment;
     Whether classifying set-top boxes and network equipment as 
a covered product is necessary or appropriate to carry out the purposes 
of EPCA;
     Calculations and values for household and national energy 
consumption; and
     Availability or lack of availability of technologies for 
improving energy efficiency of set-top boxes and network equipment.
    The Department is interested in receiving views concerning other 
relevant issues that participants believe would affect DOE's ability to 
establish test procedures and energy conservation standards for set-top 
boxes and network equipment. The Department invites all interested 
parties to submit in writing by July 15, 2011, comments and information 
on matters addressed in this notice and on other matters relevant to 
consideration of a determination for set-top boxes and network 
equipment.
    After the expiration of the period for submitting written 
statements, the Department will consider all comments and additional 
information that is obtained from interested parties or through further 
analyses, and it will prepare a final determination. If DOE determines 
that set-top boxes and network equipment qualify as a covered product, 
DOE will consider a test procedure and energy conservation standards 
for set-top boxes and network equipment. Members of the public will be 
given an opportunity to submit written and oral comments on any 
proposed test procedure and standards.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on June 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-14825 Filed 6-14-11; 8:45 am]
BILLING CODE 6450-01-P