[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Proposed Rules]
[Pages 79637-79638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31264]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2012-BT-TP-0046]
RIN 1904-AC52


Energy Conservation Program: Test Procedure for Set-Top Boxes

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Energy (DOE) withdraws a proposed rule 
published January 23, 2013 to establish a test procedure to measure the 
energy consumption of set-top boxes (STBs). DOE is taking this action 
in light of a consensus agreement entered by a broadly representative 
group that DOE believes has the potential to achieve significant energy 
savings in STBs.

DATES: The proposed rule is withdrawn December 31, 2013.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, 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) 586-9870. Email: [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'') sets forth a variety of provisions designed to 
improve energy efficiency. (All references to EPCA refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012)). 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. (42 U.S.C. 
6292(a)(20)) DOE may prescribe test procedures for any product it 
classifies as a ``covered product.'' (42 U.S.C. 6293(b))
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    \1\ For editorial reasons, upon codification in the U.S. code, 
Part B was re-designated Part A.
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II. Background

    On June 15, 2011, DOE published a notice of proposed determination 
that tentatively determined that STBs and network equipment qualify as 
a covered product. 76 FR at 34914. Subsequently, DOE initiated the 
rulemaking process to

[[Page 79638]]

establish a test procedure for STBs. First, DOE issued a request for 
information document on December 16, 2011, requesting stakeholders to 
provide technical information regarding various test procedures used by 
industry to measure the energy consumption of STBs and network 
equipment. 76 FR at 78174. DOE then published a notice of proposed 
rulemaking (NOPR) on January 23, 2013 to establish a new test procedure 
focused exclusively on STBs. 78 FR 5076. DOE held a public meeting and 
requested stakeholder comments on all aspects of the NOPR.

III. Discussion

    In September, 2013 a broadly representative group of Pay-TV, 
consumer electronics industries and energy advocates announced a 
Voluntary Agreement for Ongoing Improvement to the Energy Efficiency of 
Set-Top Boxes (Agreement).\2\ The Agreement established a five-year 
written commitment to continue improvements in the energy efficiency of 
STBs used in the distribution of digital video signals. Under the terms 
of the Agreement, it is predicted that consumers will realize 
significant annual residential electricity savings. DOE encourages the 
development of market-based solutions, such as the Agreement, that are 
a result of a consensus among and including all relevant parties. DOE 
also recognizes that there are multiple paths forward to ensure that 
the maximum economic benefits and energy savings occur through 
increasing the efficiency of STBs. DOE believes that the Agreement has 
the potential to achieve significant energy savings in STBs. Thus, in 
light of the newly adopted Agreement, DOE withdraws its proposed test 
procedure for STBs. DOE notes that it will continue to monitor the STB 
market closely and would consider reinitiating the rulemaking if it was 
found that the energy efficiency gains for STBs and consumer savings 
envisioned in the Agreement were not being realized.
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    \2\ http://www.ncta.com/energyagreement.
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    By separate action published elsewhere in today's Federal Register, 
DOE is withdrawing its proposed rule to determine STBs as a covered 
product.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
withdrawal.

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, Household 
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on December 20, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-31264 Filed 12-30-13; 8:45 am]
BILLING CODE 6450-01-P