[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Rules and Regulations]
[Pages 16082-16110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03986]



[[Page 16081]]

Vol. 88

Wednesday,

No. 50

March 15, 2023

Part II





Department of Energy





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





10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Television Sets; Final 
Rule

  Federal Register / Vol. 88, No. 50 / Wednesday, March 15, 2023 / 
Rules and Regulations  

[[Page 16082]]


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

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2016-BT-TP-0023]
RIN 1904-AD70


Energy Conservation Program: Test Procedure for Television Sets

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

ACTION: Final rule.

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

SUMMARY: This final rule amends the test procedure for television sets 
to incorporate by reference the relevant updated industry standard. The 
Department of Energy (``DOE'') has determined that incorporating the 
updated industry standard will result in a test procedure that is more 
representative of the average energy use of television sets.

DATES: The effective date of this rule is April 14, 2023. The 
amendments will be mandatory for product testing starting September 11, 
2023.
    The incorporation by reference of certain materials listed in the 
rule is approved by the Director of the Federal Register on April 14, 
2023.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2016-BT-TP-0023. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 506-9870. Email: 
[email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6122. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following 
industry standard into 10 CFR part 430:
    ANSI/CTA-2037-D, ``Determination of Television Set Power 
Consumption,'' September 2022.
    Copies of ANSI/CTA-2037-D can be obtained from: Consumer Technology 
Association, 1919 S Eads Street, Arlington, VA 22202. Telephone: (703) 
907-7600, or by going to www.cta.tech.
    For a further discussion of this standard, see section IV.N of this 
document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General Comments
    B. Scope of Applicability
    C. Updates to Industry Standards
    D. Definitions
    E. Test Equipment
    1. Power Supply
    2. Power Meter
    3. Luminance Meter
    4. Illuminance Meter
    5. Video Input Device
    6. Light Source for ABC Testing
    F. Test Room Setup
    1. Room Ambient Conditions
    2. Room Illuminance Level
    3. UUT Installation and Placement
    G. Test Configuration
    1. Configuration of Special Functions
    2. Media Player Setup and Connection
    3. Test Clips
    4. Preset Picture Settings for On Mode Tests
    5. Sound Level
    6. Network Configuration
    H. Test Conduct
    1. On Mode Test
    2. Luminance Test
    3. Standby Mode Test
    4. Off Mode Test
    I. Calculation of Annual Energy Consumption
    J. Updates to the Regulatory Text at Appendix H
    K. Test Procedure Costs
    L. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    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, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Television sets (``TVs'') are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend test 
procedures. (42 U.S.C. 6292(a)(12)) DOE's current test procedure for 
TVs is codified at title 10 of the Code of Federal Regulations 
(``CFR'') part 430, subpart B, appendix H, ``Uniform Test Method for 
Measuring the Power Consumption of Television Sets'' (``appendix H''). 
DOE has not established energy conservation standards for TVs. The 
following sections discuss DOE's authority to establish the test 
procedure for TVs and relevant background information regarding DOE's 
consideration of the test procedure for this product.

A. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency 
of a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, 
which sets forth a variety of provisions designed to improve energy 
efficiency. These products include TVs, the subject of this document. 
(42 U.S.C. 6292(a)(12))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis

[[Page 16083]]

for (1) certifying to DOE that their products comply with the 
applicable energy conservation standards adopted pursuant to EPCA (42 
U.S.C. 6295(s)), and (2) making representations about the efficiency of 
those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use 
these test procedures to determine whether the products comply with 
relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use, or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) EPCA also requires that, at least once 
every 7 years, DOE evaluate test procedures for each type of covered 
product, including TVs, to determine whether amended test procedures 
would more accurately or fully comply with the requirements for the 
test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures.
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.) Any such amendment must consider the 
most current versions of the International Electrotechnical Commission 
(``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable. 
(42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
---------------------------------------------------------------------------

    DOE is publishing this final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    DOE most recently amended its TV test procedure in a final rule 
published on October 25, 2013 (``October 2013 final rule''). 78 FR 
63823. The current DOE test procedure includes methods for measuring TV 
power consumption in active mode (i.e., on mode), standby mode, and off 
mode; TV screen luminance; and the annual energy consumption (``AEC'') 
of TVs. As part of the on mode testing, DOE adopted the use of IEC 
Standard 62087, Edition 3.0, 2011-04, ``Methods of measurement for the 
power consumption of audio, video, and related equipment'' (``IEC 
62087:2011''). IEC 62087:2011 includes a video test clip on a DVD and 
Blu-ray DiscTM to be used when conducting on mode testing 
(``IEC test clip''), as well as a static, black-and-white 3-bar image 
for measuring screen luminance.
    DOE notes that it does not currently prescribe energy conservation 
standards for TVs. However, DOE's test procedure for TVs provides the 
basis for qualification criteria established by the U.S. Environmental 
Protection Agency's (``EPA'') ENERGY STAR program. Additionally, DOE 
does not specify any certification requirements for TVs at 10 CFR 
429.25. However, the Federal Trade Commission (``FTC'') requires 
manufacturers of TVs to submit annually a report containing the brand 
name; model number; screen size (diagonal in inches); power (in watts) 
consumed in on mode, standby-passive mode, standby-active mode, low 
mode, and off mode; and annual energy consumption (kWh/year) for each 
basic model in current production among other model identifiers. 16 CFR 
305.11(3). FTC allows this information to be submitted to DOE via the 
Compliance and Certification Management System in lieu of submitting 
the required information to FTC. Id. Therefore, although DOE has not 
established energy conservation standards or certification requirements 
for TVs at this time, DOE's test procedure is currently used by other 
agencies for voluntary representations of TV energy consumption and 
reporting requirements for the EnergyGuide label.
    On June 24, 2016, DOE published in the Federal Register a request 
for information (``June 2016 RFI'') to consider whether revisions were 
needed to the existing TV test procedure. 81 FR 41262. Specifically, 
DOE noted in the June 2016 RFI that it found certain TVs consistently 
demonstrated decreased power use when displaying the IEC test clip as 
compared to other test clips and requested comments, information, and 
data on: the use of the IEC test clip or other test clips; whether the 
current luminance test, which uses a static 3-bar image to measure 
screen luminance, was representative of an average cycle or period of 
use, or alternative luminance tests that should be considered; and the 
default settings of a TV and changes to the default settings and 
special functions by consumers. Id. at 81 FR 41277.
    Following the publication of the June 2016 RFI, on January 19, 
2017, DOE posted a pre-publication advance notice of proposed 
rulemaking (``January 2017 pre-publication ANOPR''),\5\ which described 
potential amendments to the TV test procedure that would address the 
issues discussed in the June 2016 RFI as well as a number of other 
issues, including the configuration of special functions during 
testing, performing system updates prior to testing, and incorporating 
updated industry test

[[Page 16084]]

procedures.\6\ (January 2017 pre-publication ANOPR at pp. 6-10) The 
January 2017 pre-publication ANOPR was intended to assist DOE in 
determining whether amendments were needed to ensure that the TV test 
procedure produces results that are representative of an average use 
cycle or period of use. (Id. at p. 5) The January 2017 pre-publication 
ANOPR was also intended to facilitate discussion, solicit feedback, and 
provide input to industry consensus standards-setting bodies regarding 
modifications that DOE was considering so that these other 
organizations can be apprised of DOE's considerations as they undertook 
their own revisions. (Id. at p. 6)
---------------------------------------------------------------------------

    \5\ The January 2017 pre-publication ANOPR is available at 
www.energy.gov/sites/prod/files/2017/01/f34/tv_tp_anopr_2017-1-19_4.pdf.
    \6\ The January 2017 pre-publication ANOPR was not subsequently 
published in the Federal Register due to the Regulatory Freeze 
Pending Review published on January 24, 2017. 82 FR 8346.
---------------------------------------------------------------------------

    Subsequently, in October 2021, the Consumer Technology Association 
(``CTA'') published an update to its TV power measurement standard, 
``Determination of Television Set Power Consumption,'' American 
National Standards Institute (``ANSI'')/CTA-2037-C (``ANSI/CTA-2037-
C''). Thereafter, DOE published a notice of proposed rulemaking 
(``NOPR'') for the TV test procedure on March 2, 2022 (``March 2022 
NOPR''), addressing comments in response to the June 2016 RFI and 
presenting DOE's proposals to amend its test procedure for TVs. 87 FR 
11892. In the March 2022 NOPR, DOE tentatively determined that ANSI/
CTA-2037-C addressed many of the concerns DOE raised in the June 2016 
RFI relating to configuration of special functions and screen 
luminance. Id. at 87 FR 11895. DOE initially determined that ANSI/CTA-
2037-C was consistent with the existing metrics and approach 
incorporated in the currently applicable TV test procedure at appendix 
H, while also incorporating provisions that addressed current industry 
trends and improved the accuracy and repeatability of the test 
procedure. Id. DOE additionally noted that ANSI/CTA-2037-C adopted 
several changes that were suggested in public comments submitted by 
interested parties in response to DOE's June 2016 RFI. Id. These 
changes related to network configuration, standby mode test, test 
clips, etc. DOE participated in the CTA standards development process, 
including providing input and participating in round robin testing to 
evaluate the CTA standard while under development. A test report 
detailing the results of the round robin testing is available at the 
ENERGY STAR website \7\ (``round robin test report'').\8\
---------------------------------------------------------------------------

    \7\ ENERGY STAR V. 9.0, which went into effect in October 2022, 
was under development at the time of publication of the round robin 
test report. DOE supported EPA to revise the ENERGY STAR test method 
for TVs and conducted round robin testing to support this effort.
    \8\ Televisions Test Report, April 12, 2021. Available at 
www.energystar.gov/sites/default/files/asset/document/ENERGY%20STAR%20TVs%20Test%20Report%20-%20April%202021.pdf.
---------------------------------------------------------------------------

    In the March 2022 NOPR, DOE additionally noted that the CTA-2037 
working group (``CTA working group'') was reviewing ANSI/CTA-2037-C at 
that time to determine if any revisions were necessary. Id. at 87 FR 
11897. DOE stated that should a revised version, ANSI/CTA-2037-D, 
publish prior to the publication of a final DOE TV test procedure rule, 
DOE would consider stakeholder feedback and incorporate by reference 
ANSI/CTA-2037-D in the final rule, provided that the updates in ANSI/
CTA-2037-D are consistent with the provisions DOE proposed in the March 
2022 NOPR or the updates are related to topics that DOE discussed and 
solicited comments on in the March 2022 NOPR. Id. Since publication of 
the March 2022 NOPR, CTA published an additional update to its TV power 
measurement standard, ANSI/CTA-2037-D, which is substantively the same 
as ANSI/CTA-2037-C but has some subtle differences, which are discussed 
throughout section III of this document. DOE has determined that ANSI/
CTA-2037-D is an appropriate standard to reference to measure TV screen 
luminance and power consumption and incorporates ANSI/CTA-2037-D by 
reference in this final rule.
    DOE held a public meeting related to the March 2022 NOPR on April 
6, 2022 (hereafter, the ``NOPR public meeting'').
    DOE received comments in response to the March 2022 NOPR from the 
interested parties listed in Table I.1.

            Table I.1--List of Commenters With Written Submissions in Response to the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this final   Comment number
              Commenter(s)                           rule              in the docket        Commenter type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Project,    ASAP et al................              18  Efficiency Advocacy
 American Council for an Energy-                                                       Organizations.
 Efficient Economy (``ACEEE''), and the
 New York State Energy Research and
 Development Authority.
ComEd and Northwest Energy Efficiency     ComEd and NEEA............             20.  Utility and Efficiency
 Alliance.                                                                             Advocacy Organization.
Pacific Gas and Electric Company, San     CA IOUs...................              19  Utilities.
 Diego Gas & Electric, and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
CTA, American Council for an Energy-      CTA et al.................              21  Trade Organization and
 Efficient Economy, and the Natural                                                    Efficiency Advocacy
 Resources Defense Council, Inc.                                                       Organizations.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\9\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the NOPR public meeting, DOE cites the written comments 
throughout this final rule. Any oral comments provided during the 
webinar that are not substantively addressed by written comments are 
summarized and cited separately throughout this final rule.
---------------------------------------------------------------------------

    \9\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking for TVs. 
(Docket No. EERE-2016-BT-TP-0023, which is maintained at 
www.regulations.gov.) The references are arranged as follows: 
(commenter name, comment docket ID number, page of that document).
---------------------------------------------------------------------------

II. Synopsis of the Final Rule

    In this final rule, DOE incorporates by reference into 10 CFR 430.3 
the updated industry standard, ANSI/CTA-2037-D, and adopts through 
reference in appendix H certain provisions of the industry standard 
that:

[[Page 16085]]

     Establish definitions and symbols associated with the 
updates to the industry standard including those applicable to the new 
test equipment, TV settings, and video content (e.g., high dynamic 
range (``HDR''), dynamic luminance, motion detection dimming 
(``MDD''));
     Update the specifications required for the power supply, 
power meter, and illuminance meter, including additional requirements 
to reduce the voltage and frequency fluctuations in the power supply 
specifically for on mode testing and requiring the calibration of the 
illuminance meter to a light-emitting diode (``LED'') illuminant;
     Specify the use of a camera photometer for the measurement 
of dynamic luminance during all on mode testing instead of the usage of 
a luminance meter only capable of instantaneous luminance measurements;
     Update the method for test video storage to a universal 
serial bus (``USB'') device rather than a Blu-ray Disc played through a 
media player that does not conduct any video processing;
     Specify the automatic brightness control (``ABC'') light 
source to be an LED lamp rather than an incandescent lamp. 
Additionally, specify that the ABC light source be positioned at an 
angle of 45 degrees (``[deg]'') from the ABC sensor. The illuminance 
meter is also required to be angled at 45[deg] pointed directly at the 
ABC light source;
     Specify detailed unit under test (``UUT'') installation 
and placement requirements, including the setup of test equipment 
relative to the UUT and options for placing the TV on the wall or 
floor, rather than a TV stand or table;
     Specify the TV to be updated to the latest firmware 
version and include configuration requirements for special functions 
such as MDD and quick start;
     Introduce on mode testing for TVs with HDR-enabled, and 4K 
resolution testing;
     Require all on mode and standby mode testing to be 
conducted with the TV connected to a wide area network (``WAN'') and 
additionally connected to three types of devices, over local area 
network (``LAN''), capable for waking the TV: a ``smart'' speaker, 
mobile device, and network traffic monitor;
     Include new test clips for the high dynamic range-10 
(``HDR10'') format;
     Require on mode testing in three different preset picture 
settings: standard dynamic range (``SDR'') default, SDR brightest, and 
HDR10 default, rather than a single test in the default preset picture 
setting;
     Update the ambient light requirements for ABC-enabled 
testing to 140 lux, 50 lux, 17 lux, and 4 lux, each with a  
5-percent tolerance;
     Specify a single standby mode test during which the TV is 
connected to a WAN and additionally connected to the three types of 
network devices connected via LAN. The standby test period depends on 
the stability of the average power consumption of the TV during the 
last third of the measurement period; and
     Specify the calculation of the AEC metric as a weighted 
average of the power consumption in on mode and standby mode, wherein 
on mode power consumption is the average of the on mode power in the 
SDR default, SDR brightest, and HDR10 default preset picture settings.
    The adopted amendments are summarized in Table II.1 compared to the 
test procedure provision prior to the amendment, as well as the reason 
for the adopted change.

                          Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
    DOE's test procedure prior to
              amendment                      Amended test procedure                      Attribution
----------------------------------------------------------------------------------------------------------------
Defines terms applicable to the test  References certain definitions from   Update to industry standard.
 procedure.                            ANSI/CTA-2037-D.
Requires power supply and power       Updates reference to ANSI/CTA-2037-   Update to industry standard.
 meter to meet specifications          D.
 incorporated from IEC 62087:2011.
Requires a luminance meter for        References ANSI/CTA-2037-D, which     Update to industry standard.
 luminance testing of TVs.             specifies the use of a camera
                                       photometer.
Requires illuminance meter to be      References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 accurate for ambient light            requires the illuminance meter to     representativeness of results.
 measurements.                         be calibrated to an LED illuminant.
Requires the playback of specified    References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 media from a Blue-ray player via a    utilizes a media player and USB       representativeness of results.
 Blu-ray Disc.                         storage device to play the
                                       specified media.
Requires the ABC light source to be   References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 an incandescent bulb for ABC          uses an LED light source for ABC      representativeness of results.
 testing.                              testing.
Requires the light source to be       References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 directed at the center of the ABC     directs the ABC light source at the   representativeness of results.
 sensor from 1.5 meters (``m'') away   ABC sensor at an angle of 45[deg].
 aligned directly with the center of
 the sensor.
Requires the TV to be placed at       References ANSI/CTA-2037-D, which     Update to industry standard.
 least 0.5 m away from any wall        specifies that the TV must be
 surface and set up according to       placed on a table, floor, or wall
 manufacturer's instructions.          with a black cloth and reflective
                                       card be placed underneath the ABC
                                       sensor.
Requires the ambient light to be      References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 measured by the illuminance meter     requires the illuminance meter to     representativeness of results.
 at the ABC sensor pointing in the     be positioned at the ABC sensor on
 direction of the light source.        a stand that allows it to point
                                       directly at the 45[deg] light
                                       source.
Requires TVs to be tested in the      References ANSI/CTA-2037-D, which     Update to industry standard.
 default state for all special         disables MDD, and conditionally
 functions, unless a forced menu is    enables ``quick start.'' When a
 displayed requiring the               forced menu is displayed, the most
 configuration of special functions,   energy consumptive option is
 in which case the most power          selected, with some exceptions.
 consumption option is selected.
Does not conduct any testing for HDR  References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 preset picture settings.              conducts testing in SDR default,      representativeness of results.
                                       SDR brightest, and HDR10 default
                                       preset picture settings.
Does not require TVs to update their  References ANSI/CTA-2037-D, which     Update to industry standard.
 system firmware prior to testing.     requires the UUT use the latest
                                       firmware update and conduct a
                                       factory reset.

[[Page 16086]]

 
Requires the TV to be connected to a  References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 LAN with no other devices other       requires the UUT be connected to a    representativeness of results.
 than the TV.                          WAN and additionally be connected
                                       to a smart speaker, mobile device,
                                       and a network traffic monitor over
                                       LAN. These network conditions are
                                       required for all on mode and
                                       standby mode testing.
Requires the stabilization of the TV  References ANSI/CTA-2037-D, which     Updates to industry standard.
 by directing the light source with    requires the TV to be stabilized by
 at least 300 lx into the ABC          playing 5 minutes of the IEC test
 sensor.                               clip and comparing the average
                                       power between two successive runs.
Specifies the use of the IEC test     References ANSI/CTA-2037-D, which     Updates to industry standard.
 clip (in the highest resolution (SD   retains the IEC test clip (in SD
 or HD) supported by the TV) played    and HD resolution) but specifies
 via a Blu-ray Disc as specified in    that it must be played via a USB
 IEC 62087:2011.                       flash drive. Additionally,
                                       specifies a new 5-minute HDR10 test
                                       clip (in HD and UHD resolution).
Requires the on mode test to be       References ANSI/CTA-2037-D, which     Update to industry standard.
 conducted at ambient light levels     conducts ABC testing for preset
 of 100, 35, 12, and 3 lux if the TV   picture settings with ABC enabled
 has ABC enabled by default.           by default at ambient light levels
                                       of 140, 50, 17, and 4 lux.
Measures power consumption and        References ANSI/CTA-2037-D, which     Update to industry standard.
 luminance separately.                 measures power consumption as well
                                       as dynamic luminance of the TV
                                       during the same test.
Requires a luminance test to          References ANSI/CTA-2037-D, which     Update to industry standard.
 determine the brightest preset        determines the SDR brightest preset
 picture setting using the luminance   picture setting by playing the 5-
 meter and the IEC three-bar image.    minute IEC test clip in each preset
                                       picture setting (with ABC disabled)
                                       and determining the brightest based
                                       on the dynamic luminance during the
                                       5-minute test period.
Specifies standby-passive mode,       References ANSI/CTA-2037-D, which     Update to industry standard. Improve
 standby-active mode, low mode, and    conducts a single standby mode test   representativeness of results.
 off mode tests.                       during which the UUT is connected
                                       to WAN and additionally connected
                                       to three network devices on LAN and
                                       the average power consumption is
                                       measured for a variable duration,
                                       depending on the stability of the
                                       power consumption, over a period of
                                       40 to 240 minutes. Additionally,
                                       eliminates the off mode test.
Requires the AEC to be calculated     References ANSI/CTA-2037-D for AEC    Update to industry standard. Improve
 using on mode power, standby-active   calculation which requires the AEC    representativeness of results.
 low power, standby-passive power,     to be calculated using the on mode
 and off mode power.                   power as the average power of SDR
                                       default, SDR brightest, and HDR10
                                       default preset picture settings, as
                                       well as the standby mode power
                                       consumption.
----------------------------------------------------------------------------------------------------------------

    DOE has determined that the amendments described in section III and 
adopted in this document will alter the measured efficiency of TVs and 
require retesting and recertification of TV basic models. The amended 
test procedure is substantively the same procedure established by 
industry, with certain modifications. Discussion of DOE's actions are 
addressed in detail in section III of this document.
    The effective date for the amended test procedure adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedure 
beginning 180 days after the publication of this final rule.

III. Discussion

A. General Comments

    In the March 2022 NOPR, DOE requested comment on several topics 
including its proposal to adopt substantive provisions of ANSI/CTA-
2037-C as well as the updates being considered in ANSI/CTA-2037-D. 
While topic-specific comments are addressed in the relevant sections, 
the following paragraphs summarize the general comments received in 
response to the March 2022 NOPR.
    ASAP et al. supported DOE's approach for revising the TV test 
procedure, stating that TV technology has rapidly evolved since the 
October 2013 final rule. ASAP et al. stated that the revisions 
presented in the March 2022 NOPR largely address the concerns 
associated with advances in TV technology. (ASAP et al., No. 18 at pp. 
1-2)
    CTA et al. supported the proposed test procedure, including the 
proposal to incorporate by reference ANSI/CTA-2037-D. (CTA et al., No. 
21 at p. 3; Public Meeting Transcript, No. 16 at pp. 5-7) In the NOPR 
public meeting, ACEEE supported DOE's proposed test method and 
recommended that DOE adopt ANSI/CTA-2037-D once it is published. 
(Public Meeting Transcript, No. 16 at pp. 7-8)
    As discussed in later sections of this document, DOE is referencing 
ANSI/CTA-2037-D in the amended appendix H to measure TV power 
consumption and screen luminance. Throughout appendix H, DOE has 
streamlined any references to ANSI/CTA-2037-D to the extent possible.

B. Scope of Applicability

    This rulemaking applies to TVs, which are products designed to 
produce dynamic video, contain an internal TV tuner encased within the 
product housing, and that are capable of receiving dynamic visual 
content from wired or wireless sources including but not limited to 
broadcast signals, display-specific data connections, media storage 
devices, and/or network connections. 10 CFR 430.2. Section 1, Scope, of 
appendix H specifies that DOE's test procedure is applicable to TVs 
that (1) have a diagonal screen size of at least fifteen inches; and 
(2) are powered by mains power (including TVs with auxiliary batteries 
but not TVs with main batteries). In the March 2022 NOPR, DOE did not 
propose to amend the scope of the current TV test procedure. 87 FR 
11892, 11896.

[[Page 16087]]

    DOE did not receive any comments regarding the scope of the TV test 
procedure. DOE is maintaining the scope of the current TV test 
procedure in the amended appendix H.

C. Updates to Industry Standards

    Appendix H references IEC 62087:2011 and IEC 62301, Edition 2.0, 
2011-04, ``Household electrical appliances--Measurement of standby 
power'' (``IEC 62301 Ed. 2.0'') for certain requirements, while the 
remaining requirements are specified in appendix H itself.
    The IEC and CTA are two industry standards development bodies that 
have published standards for testing the power consumption of TVs 
(e.g., IEC 62087 and CTA 2037, respectively). Since publication of the 
October 2013 final rule, both IEC 62087 and CTA 2037 have been updated 
more than once to keep pace with evolving TV technologies. At the time 
of the March 2022 NOPR, the most recent update was the publication of 
ANSI/CTA-2037-C in October 2021, and ANSI/CTA-2307-D was in 
development. Since publication of the March 2022 NOPR, the final 
version of ANSI/CTA-2037-D was published in September 2022.
    In the March 2022 NOPR, DOE proposed to incorporate by reference 
ANSI/CTA-2037-C into 10 CFR 430.3 to reference the relevant sections of 
this industry standard in the DOE test procedure at appendix H. 87 FR 
11892, 11897. Since publication of the October 2013 final rule, TV 
technology has evolved significantly. ANSI/CTA-2037-C addressed many of 
the technologies (e.g., ultra-high definition (``UHD'') or ``4K'' 
resolution, HDR, etc.) not previously considered in the development of 
the current DOE test procedure and also specified configuration and 
setup requirements to improve the representativeness with respect to 
the current DOE test procedure at appendix H.
    While standard definition (``SD'') and high definition (``HD'') 
were the predominant TV display resolutions at the time of the October 
2013 final rule, UHD resolution TVs have gained prominence and 8K 
resolution TVs are emerging. Additionally, HDR content is more 
prevalent, and a majority of TVs are ``smart'' TVs (i.e., they can be 
connected to a network connection).
    In the March 2022 NOPR, DOE proposed to adopt by reference the 
substantive provisions of ANSI/CTA-2037-C, with some modifications to 
specify additional detail and test conditions in order to improve the 
representativeness of the test results. Id. at 87 FR 11897. In the 
March 2022 NOPR, DOE initially determined that the measurement of 
screen luminance and power consumption as specified in ANSI/CTA 2037-C 
would provide a measured result that is more representative of the 
average period of TV use compared to the current DOE test procedure. 
Id.
    In the March 2022 NOPR, DOE also stated that it was aware that the 
CTA working group was reviewing ANSI/CTA-2037-C to determine if any 
revisions were necessary. DOE understood that should the working group 
make any changes to ANSI/CTA-2037-C, CTA would publish a revised 
standard, potentially numbered as ANSI/CTA-2037-D. Id. DOE participated 
in the working group meetings to review and revise ANSI/CTA-2037-C. 
While the March 2022 NOPR proposed to reference the requirements from 
ANSI/CTA-2037-C, it also discussed the revisions being considered under 
ANSI/CTA-2037-D. In the March 2022 NOPR, DOE requested comment on these 
revisions as well as any additional revisions under consideration in 
ANSI/CTA-2037-D that were not discussed in the March 2022 NOPR. Id. In 
the March 2022 NOPR, DOE stated that, should ANSI/CTA-2037-D publish 
prior to the publication of any DOE TV test procedure final rule, DOE 
would consider stakeholder feedback and consider incorporating by 
reference ANSI/CTA-2037-D, provided the updates in ANSI/CTA-2037-D are 
consistent with the provisions DOE proposed in the March 2022 NOPR or 
the updates are related to topics that DOE discussed and solicited 
comments on in the March 2022 NOPR. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
adopt the substantive provisions of ANSI/CTA-2037-C in appendix H with 
certain modifications. Id. In response, DOE received the following 
comments.
    CTA et al. recommended that DOE incorporate by reference ANSI/CTA-
2037-D for the final rule, rather than ANSI/CTA-2037-C, stating that 
ANSI/CTA-2037-D is more accurate and representative. (CTA et al., No. 
21, at p. 5)
    ComEd and NEEA supported the adoption of the finalized version of 
ANSI/CTA-2037-D. ComEd and NEEA also stated that ANSI/CTA-2037-D is an 
improvement over the current Federal test method. (ComEd and NEEA, No. 
20 at p. 2) ComEd and NEEA stated that adopting ANSI/CTA-2037-D would 
enable harmonization of test methods globally. (ComEd and NEEA, No. 20 
at p. 2)
    DOE has reviewed ANSI/CTA-2037-D and determined it to be materially 
the same as the test procedure DOE proposed in the March 2022 NOPR 
(i.e., ANSI/CTA-2037-C, including the additional modifications DOE 
proposed in the March 2022 NOPR), albeit with some minor revisions that 
further improve reproducibility and representativeness. Accordingly, in 
this final rule, DOE is incorporating by reference ANSI/CTA-2037-D in 
10 CFR 430.3 for reference in the amended appendix H. DOE has 
determined that ANSI/CTA-2037-D produces measures of energy consumption 
that are representative of current TV use and would not be unduly 
burdensome to conduct.
    The subsequent sections of this document discuss DOE's final 
amendments to appendix H to incorporate by reference ANSI/CTA-2037-D as 
the Federal test method.

D. Definitions

    In the March 2022 NOPR, DOE noted that the definitions currently 
specified in appendix H are either provided directly or through 
adoption of certain definitions provided in IEC 62087:2011. Many of 
these terms are also defined in ANSI/CTA-2037-C. 87 FR 11892, 11898. 
Additionally, certain terms are defined in ANSI/CTA-2037-C but are not 
currently defined in appendix H. Id. at 87 FR 11897. In the March 2022 
NOPR, DOE identified the terms that are currently used in appendix H 
and ANSI/CTA-2037-C, the similarities and differences in their 
respective definitions, and whether DOE proposed to adopt each 
definition through reference to ANSI/CTA-2037-C. Id. at 87 FR 11897-
11899.
    DOE additionally noted that while some of the defined terms in 
ANSI/CTA-2037-C have minor differences compared to the current 
definitions in appendix H, DOE had initially determined that these 
differences were not substantive and would not change the meaning of 
the defined terms or impact testing according to the proposed test 
procedure compared to the current test procedure. Id. at 87 FR 11899. 
Accordingly, to harmonize with the current industry standard, DOE 
proposed in the March 2022 NOPR to reference section 5.1 of ANSI/CTA-
2037-C for the definitions of the terms used in the TV test procedure. 
Id. DOE also proposed to reference section 5.2 of ANSI/CTA-2037-C to 
include the relevant abbreviations that are used in the TV test 
procedure. Id. Further, for the terms that are currently defined in 
appendix H, but a definition does not exist in ANSI/CTA-2037-C (e.g.,

[[Page 16088]]

additional functions, auxiliary battery, retail configuration, special 
functions, standby-active, high mode, and standby-active, low mode), 
DOE proposed to remove these terms from appendix H because they are not 
referenced in ANSI/CTA-2037-C nor are they used anywhere in the 
proposed test procedure. Id.
    DOE also noted that the CTA working group was considering revising 
definitions for power modes (i.e., on mode, partial on mode, etc.) in 
ANSI/CTA-2037-D. Id. In particular, the CTA working group was 
considering updating all references to standby mode as partial on mode. 
In the March 2022 NOPR, DOE noted that even if the CTA working group 
considered using the term ``partial on mode,'' DOE would refer to this 
mode as ``standby mode.'' Id.
    In the March 2022 NOPR, DOE requested comment on defining terms 
through reference to ANSI/CTA-2037-C and also whether DOE should 
consider the revisions to the power mode definitions being considered 
at the time for ANSI/CTA-2037-D. Id.
    CTA et al. stated that the definitions proposed in appendix H 
excluded some definitions that are included in ANSI/CTA-2037-D, 
including ``television set'' and ``standby,'' which are already defined 
in 10 CFR 430.2, and recommended that DOE adopt these definitions from 
ANSI/CTA-2037-D. (CTA et al., No. 21 at p. 11)
    As noted in the March 2022 NOPR, DOE did not reference definitions 
for ``HDMI,'' ``television set,'' and ``standby mode'' from ANSI/CTA-
2037-C since these terms are already defined in 10 CFR 430.2. In this 
final rule, DOE is maintaining its exclusion of referencing these 
definitions in appendix H. Additionally, DOE had not proposed to 
include definitions for ``stand,'' ``International System of Units,'' 
``filmmaker mode,'' and ``perceptual quantization video.'' However, DOE 
is including these definitions by reference to ANSI/CTA-2037-D because 
these definitions are required to understand and implement the test 
procedure.
    Regarding the revised definitions for power modes that were under 
consideration at the time of publication of the March 2022 NOPR, ANSI/
CTA-2037-D does not include definitions for power mode, off mode, 
standby-passive mode, and standby-active mode. Additionally, partial on 
mode is now referred to as standby mode in ANSI/CTA-2037-D. However, as 
mentioned previously, DOE already defines standby mode in 10 CFR 430.2 
and is not referencing ANSI/CTA-2037-D for the definition of standby 
mode in this final rule.
    Table III.1 identifies the terms that are specified in appendix H 
and ANSI/CTA-2037-D, the similarities and differences in their 
respective definitions, and whether DOE is adopting each definition 
through reference to ANSI/CTA-2037-D.

 Table III.1--Terms Currently Used in Appendix H and ANSI/CTA-2037-D and the Similarities or Differences Between
                                                   Definitions
----------------------------------------------------------------------------------------------------------------
                                                               Similarities/differences
                                       Terms currently in    between definitions in ANSI/  Adopt by reference to
   Terms currently in appendix H         ANSI/CTA-2037-D       CTA-2037-D and existing      ANSI/CTA-2037-D for
                                                                      appendix H                appendix H?
----------------------------------------------------------------------------------------------------------------
Brightest selectable preset picture  Brightest selectable    Appendix H refers to the     Yes.
 setting.                             preset picture          brightest picture setting
                                      setting.                within either the home or
                                                              retail configuration,
                                                              whereas ANSI/CTA-2037-D
                                                              refers to the brightest
                                                              preset picture setting
                                                              only within the home
                                                              configuration. ANSI/CTA-
                                                              2037-D additionally
                                                              specifies that this is a
                                                              user-selectable preset
                                                              picture setting.
Default picture setting............  Default picture         ANSI/CTA-2037-D specifies    Yes.
                                      setting.                that this picture setting
                                                              is determined using only
                                                              the home configuration.
                                                              Appendix H indicates the
                                                              default picture setting
                                                              may be decided after a
                                                              forced menu, which ANSI/
                                                              CTA-2037-D does not
                                                              mention.
Forced menu........................  Forced menu...........  Substantively the same       Yes.
                                                              definitions.
Home configuration.................  Home configuration....  Substantively the same       Yes.
                                                              definitions.
Illuminance........................  Illuminance...........  Substantively the same       Yes.
                                                              definitions.
Luminance..........................  Luminance.............  Substantively the same       Yes.
                                                              definitions.
Main battery.......................  Main battery..........  Substantively the same       Yes.
                                                              definitions.
Off mode...........................  Off mode..............  ANSI/CTA-2037-D provides a   Yes.
                                                              note that describes how
                                                              some power may still be
                                                              consumed when the UUT is
                                                              in off mode. Appendix H
                                                              does not include such a
                                                              note.
On mode............................  On mode...............  Similar definitions........  Yes.
Preset picture setting.............  Preset picture setting  ANSI/CTA-2037-D provides a   Yes.
                                                              simplified definition for
                                                              preset picture setting
                                                              compared to appendix H.
Standby-passive mode...............  Standby mode..........  ANSI/CTA-2037-D defines      No.
                                                              only the broader term
                                                              standby mode. Standby mode
                                                              is already defined in 10
                                                              CFR 430.2; therefore, it
                                                              does not need to be
                                                              defined in appendix H.
Additional functions...............  ......................  No.t listed in the           No.
                                                              definitions section of
                                                              ANSI/CTA-2037-D.
Auxiliary Battery..................  ......................  No.t listed in the           No.
                                                              definitions section of
                                                              ANSI/CTA-2037-D.
Retail configuration...............  Retail configuration..  Similar definitions........  Yes.
Special functions..................  ......................  No.t listed in the           No.
                                                              definitions section of
                                                              ANSI/CTA-2037-D. The term
                                                              special functions is not
                                                              used anywhere in ANSI/CTA-
                                                              2037-D.
Standby-active, high mode..........  ......................  No.t listed in the           No.
                                                              definition section of ANSI/
                                                              CTA-2037-D. The term
                                                              standby-active, high mode
                                                              is not used anywhere in
                                                              ANSI/CTA-2037-D.
Standby-active, low mode...........  ......................  No.t listed in the           No.
                                                              definition section of ANSI/
                                                              CTA-2037-D. The term
                                                              standby-active, low mode
                                                              is not used anywhere in
                                                              ANSI/CTA-2037-D.
(not defined)......................  AEC...................  This term defines the        Yes.
                                                              energy metric that is the
                                                              output of the test
                                                              procedure.
(not defined)......................  Automatic brightness    This term is used            Yes.
                                      control.                throughout ANSI/CTA-2037-D.
(not defined)......................  Dynamic Luminance.....  This term defines the TV     Yes.
                                                              screen's luminance as
                                                              measured during the
                                                              playback of dynamic video
                                                              content.
(not defined)......................  Energy-Efficient-       This term is used in the     Yes.
                                      Ethernet.               Network connection
                                                              hierarchy in both ANSI/CTA-
                                                              2037-D and appendix H.
(not defined)......................  Filmmaker Mode........  This term defines a preset   Yes.
                                                              picture setting that has a
                                                              specific configuration.
(not defined)......................  Gloss Unit (GU).......  This term defines a unit     Yes.
                                                              used to measure the
                                                              reflectance of a surface.

[[Page 16089]]

 
(not defined)......................  HDR10.................  This term defines a          Yes.
                                                              specific video display
                                                              format that is used to
                                                              test the UUTs power
                                                              consumption.
(not defined)......................  High-definition         This term defines a video    No.
                                      multimedia interface    input terminal for TVs. It
                                      (``HDMI[supreg]'').     is defined at 10 CFR
                                                              430.2; therefore, it does
                                                              not need to be defined in
                                                              appendix H.
(not defined)......................  High Dynamic Range      This term more broadly       Yes.
                                      (``HDR'').              defines the video format
                                                              category that HDR10
                                                              belongs to.
(not defined)......................  Hybrid Log Gamma        This term defines a type of  Yes.
                                      (``HLG'').              HDR video and is used when
                                                              describing the test
                                                              signals used during
                                                              testing.
(not defined)......................  International System    This is defined as ``The     Yes.
                                      of Units.               modern form of the metric
                                                              system''.
(not defined)......................  Motion-Based Dynamic    This term defines a          Yes.
                                      Dimming (``MDD'').      television feature that
                                                              adjusts luminance in
                                                              response to motion being
                                                              displayed and is disabled
                                                              during TV testing.
(not defined)......................  Neutral density         This term is used to define  Yes.
                                      (``ND'') filter.        the filter that is used to
                                                              accomplish the 3 lux
                                                              luminance requirement for
                                                              on mode testing.
(not defined)......................  Partial on mode.......  This term defines the        Yes.
                                                              standby sub-modes.
(not defined)......................  Perceptual              This term defines a          Yes.
                                      Quantization Video.     specific video utilized by
                                                              HDR.
(not defined)......................  Quick start...........  This term defines quick      Yes.
                                                              start functionality, which
                                                              is a special function that
                                                              impacts the time it takes
                                                              for a TV to transition to
                                                              on mode from partial on
                                                              mode.
(not defined)......................  Snoot.................  This term defines an object  Yes.
                                                              used to prevent the ABC
                                                              lamp light from reflecting
                                                              off the UUT and
                                                              interfering with the
                                                              dynamic luminance data
                                                              collection. It is not a
                                                              required tool but may be
                                                              needed for testing in
                                                              specific instances.
(not defined)......................  Software..............  This term defines code that  Yes.
                                                              runs on a UUT and can be
                                                              updated.
(not defined)......................  Stand.................  This term defines the        Yes.
                                                              device used to hold the
                                                              UUT upright.
(not defined)......................  Television set........  This term is defined at 10   No.
                                                              CFR 430.2; therefore, it
                                                              does not need to be
                                                              defined in appendix H.
(not defined)......................  Wake-By-Remote-Control- This term defines the        Yes.
                                      App.                    ability to wake a UUT
                                                              using a network-connected
                                                              device and is used during
                                                              standby mode testing.
(not defined)......................  Wake-By-Smart-Speaker.  This term defines the        Yes.
                                                              ability to wake a UUT
                                                              using a voice command via
                                                              smart speaker and is used
                                                              during standby mode
                                                              testing.
(not defined)......................  Wake-On-Cast..........  This term defines the        Yes.
                                                              ability to wake a UUT by
                                                              streaming a video from a
                                                              mobile device to the UUT
                                                              and is used during standby
                                                              mode testing.
----------------------------------------------------------------------------------------------------------------

    In summary, in this final rule, DOE is referencing section 5 of 
ANSI/CTA-2037-D for the definitions and abbreviations required for the 
TV test procedure, except for those terms which are already defined in 
10 CFR 430.2.

E. Test Equipment

1. Power Supply
    Sections 3.1 and 3.2 of appendix H reference section 4.3.1 of IEC 
62301 Ed. 2.0 for the voltage and frequency and power supply 
requirements for testing TVs. The requirements specify that the voltage 
and frequency for each region within North America must have a voltage 
of 115 volts (``V'') and frequency of 60 hertz (``Hz''). IEC 62301 Ed. 
2.0 additionally includes requirements for other regions around the 
world.
    In the March 2022 NOPR, DOE noted that section 7.1.1 of ANSI/CTA-
2037-C specifies only the North American-specific requirements; 
however, these requirements are specified under the standby mode power 
supply requirements rather than on mode. 87 FR 11892, 11900. As 
discussed in the March 2022 NOPR, the CTA working group was considering 
moving these requirements under the power supply requirements for on 
mode in ANSI/CTA-2037-D. Id. DOE additionally noted that it expects 
that the same power supply is used to test on mode and standby mode 
power consumption and the specific location of where the requirement is 
specified would not alter the power supply that is used to test a TV. 
Id.
    In the March 2022 NOPR, DOE additionally stated that given DOE's 
test procedure is applicable to only those TVs that are a type which, 
to any significant extent, are distributed in commerce in the United 
States for personal use or consumption by individuals (42 U.S.C. 
6291(1); 42 U.S.C. 6292(a)(12); 42 U.S.C.), the North American-specific 
requirements specified in ANSI/CTA-2037-C are sufficient for the DOE 
test procedure. In the March 2022 NOPR, DOE proposed to reference 
section 7.1.1 of ANSI/CTA-2037-C for the alternating current (``AC'') 
power supply specification. Id.
    Section 3.2 of appendix H additionally specifies that the total 
harmonic distortion of the supply voltage must not exceed 5 percent, 
inclusive to the 13th order harmonic, when the unit is under test. In 
the March 2022 NOPR, DOE stated that section 7.1.1 of ANSI/CTA-2037-C 
specifies that the total harmonic distortion must not exceed 2 percent 
up to and including the 13th harmonic and noted that this specification 
is more stringent than appendix H. Based on its internal testing and 
general agreement from manufacturers during the ANSI/CTA-2037-C 
development working group meetings, DOE had initially determined that 
most power supplies are capable of meeting this requirement. Id. 
Accordingly, in the March 2022 NOPR, DOE proposed to reference the 
power supply requirements from ANSI/CTA-2037-C. Id.
    In the March 2022 NOPR, DOE also noted that the introductory text 
in Section 9 of ANSI/CTA-2037-C states that power shall be provided to 
the ABC lamp, camera photometer, and UUT from the specified AC power 
source. Id. However, DOE stated that using the same AC power source to 
power the UUT as well as the ABC lamp and camera photometer could 
unintentionally impact the power consumption measurement of the UUT due 
to ``noise'' from the ABC light source and fluctuations in power draw 
caused by the camera photometer and ABC light source. DOE also noted 
that the CTA working group was considering revising this requirement 
for ANSI/CTA-2037-D to specify that only the

[[Page 16090]]

UUT be powered using the power source specified in section 7.1.1 of the 
CTA-2037 standard, that the camera photometer and ABC lamp must not be 
powered by the same controlled power source, and that the camera 
photometer and ABC lamp may be powered by mains power. Id. Accordingly, 
in the March 2022 NOPR, DOE proposed to specify that TVs must be tested 
with only the UUT powered by the specified AC power source and the 
camera photometer and ABC lamp may be powered using standard mains 
electricity. Id.
    In the March 2022 NOPR, DOE requested comment on referencing 
section 7.1.1 of ANSI/CTA-2037-C for the power supply requirements. DOE 
also requested comment on referencing the updated requirements that 
were under consideration for ANSI/CTA-2037-D, which would move the 
voltage and frequency requirements for the power supply from the 
standby mode to the on mode section within section 7.1.1 of the CTA-
2037 standard. Id.
    DOE also requested comment on its proposal to connect only the UUT 
to the specified AC power source during testing and to specify that the 
camera photometer and ABC lamp may be powered via mains power. DOE also 
requested feedback on whether the camera photometer and ABC lamp should 
be connected to additional specified AC power sources and the burden 
versus benefit of such an approach. Id. In response, DOE received the 
following comments.
    CTA et al. recommended DOE adopt ANSI/CTA-2037-D, which includes 
voltage and frequency requirements specified for both the on mode power 
supply and the standby mode power supply. CTA et al. also stated that 
ANSI/CTA-2037-D requires the TV to be powered by the controlled power 
source and the camera photometer and the ABC lamp may be powered by 
mains power. (CTA et al., No. 21 at p. 11)
    As noted by CTA et al., the CTA working group revised the power 
supply requirements in ANSI/CTA-2037-D to specify that only the UUT is 
powered using the power source specified in section 7.1.1 of ANSI/CTA-
2037-D. Additionally, the published version of ANSI/CTA-2037-D 
specifies that the power supply supplying mains power to the UUT shall 
be configured to deliver sufficient power at 115 V and 60 Hz to power 
the UUT. These requirements are applicable to both on mode and standby 
mode tests.
    The power supply requirements specified in section 7.1.1 of ANSI/
CTA-2037-D are the same as those specified in the March 2022 NOPR. For 
the reasons discussed in the preceding paragraphs and the March 2022 
NOPR, DOE is amending the power supply requirements in appendix H to 
reference section 7.1.1 of ANSI/CTA-2037-D.
2. Power Meter
    In the March 2022 NOPR, DOE noted that the power meter requirements 
specified in section 3.3 of appendix H are the same as the requirements 
specified in section 7.1.2 of ANSI/CTA-2037-C, which includes the 
specification of a wattmeter as well as the allowable uncertainty in 
measurement. 87 FR 11892, 11900. DOE stated that ANSI/CTA-2037-C 
additionally specifies calibration requirements for the power meter, 
the current crest factor, and the lower bound on the current range. 
Accordingly, in the March 2022 NOPR, DOE proposed to reference section 
7.1.2 of ANSI/CTA-2037-C for the power meter requirements because it 
includes the requirements currently specified in appendix H, and the 
additional requirements specified would ensure that the power meter 
remains within bounds and calibrated to ensure the results obtained are 
valid and representative. Id.
    DOE requested comment on its proposal to reference the power meter 
requirements from ANSI/CTA-2037-C. Specifically, DOE requested feedback 
on the potential burden, if any, to meet the more stringent 
requirements specified in ANSI/CTA-2037-C. Id.
    CTA et al. commented that the power meter requirements in section 
7.1.2 of ANSI/CTA-2037-D are appropriate, and that DOE should adopt 
them. (CTA et al., No. 21 at p. 11)
    The power meter requirements in ANSI/CTA-2037-D include a sampling 
rate of the power meter. Specifically, ANSI/CTA-2037-D requires the 
power meter to have a sampling rate of at least 1 kilo hertz (``kHz''), 
and optionally have a sampling rate of at least 10 kHz. DOE's 
experience with conducting TV testing, as well as testing of other 
consumer products, indicates that this additional sampling requirement 
should have no impact on the burden of sourcing a power meter, as the 
equipment previously used should continue to meet the power meter 
requirements in ANSI/CTA-2037-D. Accordingly, for the reasons discussed 
in the preceding paragraph and in the March 2022 NOPR, DOE amends the 
power meter requirements in appendix H to reference section 7.1.2 of 
ANSI/CTA-2037-D.
3. Luminance Meter
    Section 3.4 of appendix H specifies the accuracy requirements for a 
luminance meter, which is used to measure screen luminance in the 
default and brightest preset picture settings as well as the default 
retail picture setting. The current luminance measurement is performed 
using the static, 3-bar black-and-white image from IEC 62087:2011. This 
static black-and-white image does not result in representative 
luminance measurements because TVs are rarely used to display static 
images (i.e., the content played on TVs is almost always dynamic, or in 
motion) and pure white color is rarely displayed on a TV screen (i.e., 
most scenes displayed on a TV screen are a mix of various colors); 
therefore, measuring luminance using the black-and-white image is not 
representative of typical consumer use.
    In the March 2022 NOPR, DOE proposed to measure dynamic screen 
luminance (i.e., luminance of the screen when playing dynamic video 
content such as the IEC test clip) as specified in ANSI/CTA-2037-C to 
ensure that a TV's screen luminance is measured at the same time as its 
power consumption, which would provide consumers a direct relationship 
for TV brightness (i.e., luminance) as a function of its power 
consumption. 87 FR 11892, 11900. In the March 2022 NOPR, DOE initially 
determined that a dynamic screen luminance measurement would provide 
results that are more representative of the real world in comparison to 
the currently specified static black-and-white image. Id.
    DOE additionally noted in the March 2022 NOPR that a luminance 
meter cannot measure dynamic screen luminance; instead, ANSI/CTA-2037-C 
specifies use of a camera photometer to measure the dynamic luminance 
of the TV screen during each on mode test. Id. DOE explained that the 
camera photometer captures the light from the TV screen while 
displaying video content, and the average of the light entering the 
camera photometer's sensor in each frame is translated into the average 
luminance of the TV screen. In conjunction with the proposal to measure 
dynamic screen luminance, in the March 2022 NOPR, DOE proposed to 
remove the existing luminance meter requirements specified in section 
3.4 of appendix H and instead reference section 7.1.4 of ANSI/CTA-2037-
C, which specifies the requirements for the camera photometer's 
uncertainty, resolution, sample area, and data rate. Id. at 87 FR 
11900-11901.
    DOE additionally noted in the March 2022 NOPR that the CTA working 
group

[[Page 16091]]

was considering specifying an additional requirement in ANSI/CTA-2037-D 
that the camera used for testing should be calibrated against a 
traceable light source that more closely matches the spectral power 
density of LED/OLED \10\ TVs than does standard illuminant A (e.g., 
D65, LED-RGB1). Id. at 87 FR 11901. This requirement has since been 
finalized in ANSI/CTA-2037-D.
---------------------------------------------------------------------------

    \10\ Organic light emitting diode.
---------------------------------------------------------------------------

    DOE requested comment on its proposal to measure dynamic screen 
luminance and to specify use of a camera photometer to measure dynamic 
screen luminance. In particular, DOE requested comment on any concerns 
with the burden associated with using a camera photometer as specified 
by ANSI/CTA-2037-C to measure screen luminance. Id.
    DOE also requested comment on the additional calibration 
requirement that was under consideration for ANSI/CTA-2037-D and 
whether DOE should include this requirement for its TV test procedure. 
Id.
    The CA IOUs recommended that DOE establish criteria for obtaining 
reproducible and repeatable results using an off-the-shelf camera 
photometer and manually capturing measurements as opposed to using a 
customized camera photometer paired with a proprietary software tool. 
The CA IOUs also recommended that DOE develop specific guidelines 
regarding the data capture process to ensure both off-the-shelf and 
NEEA-supplied camera photometers produce results that meet DOE's test 
tolerance requirements. (CA IOUs, No. 19 at pp. 5-6)
    ComEd and NEEA supported the camera photometer requirements in 
ANSI/CTA-2037-D and stated that the requirements would ensure accurate 
results while maximizing design flexibility to encourage the 
development of camera systems by multiple vendors. (ComEd and NEEA, No. 
20 at p. 3)
    CTA et al. commented that DOE should reference the requirement that 
dynamic screen luminance be measured as specified in section 11.1 of 
ANSI/CTA-2037-D using a camera photometer as specified in section 7.1.4 
of ANSI/CTA-2037-D. (CTA et al., No. 21 at pp. 11-12)
    DOE has reviewed the specifications for the camera photometer in 
ANSI/CTA-2037-D and determined that the requirements provide sufficient 
level of detail to ensure repeatable and reproducible results, while 
still allowing for flexibility in sourcing a camera photometer that 
meets the defined requirements.
    Additionally, in response to the CA IOUs, DOE notes that ANSI/CTA-
2037-D updates the minimum resolution requirement to be a minimum pixel 
requirement, which allows more variety in the camera photometers that 
are capable of meeting the specified camera photometer requirements. 
ANSI/CTA-2037-D additionally includes a clarification that the camera 
photometer must be capable of capturing the entire UUT screen, which 
was implicitly understood to be the requirement in ANSI/CTA-2037-C but 
was not specifically stated.
    For the reasons discussed in the preceding paragraphs and in the 
March 2022 NOPR, DOE amends the camera photometer requirements in 
appendix H to reference section 7.1.4 of ANSI/CTA-2037-D.
4. Illuminance Meter
    Section 3.5 of appendix H specifies accuracy requirements for the 
illuminance meter, which is used to measure the room illuminance levels 
at the ABC sensor for tests that are conducted with ABC functionality 
enabled. In the March 2022 NOPR, DOE stated that section 7.1.3 of ANSI/
CTA-2037-C specifies the same accuracy requirements for an illuminance 
meter and additionally specifies calibration requirements for the 
illuminance meter. Additionally, DOE noted that ANSI/CTA-2037-C 
specifies certain requirements if the illuminance meter is neither a 
spectroradiometer nor calibrated against an illuminant replicating the 
spectral emissions of LEDs but that the CTA working group was re-
evaluating these requirements to ease test burden by clarifying that 
only specific requirements of the calibration standard must be met. 87 
FR 11892, 11901. As stated in the March 2022 NOPR, these requirements 
were for the illuminance meter accuracy and relative spectral response. 
The CTA working group was also considering an additional requirement 
which would require the center of the cosine receptor to be <= 40mm in 
depth. Id.
    In the March 2022 NOPR, DOE initially determined that the 
illuminance meter requirements specified in section 7.1.3 of ANSI/CTA-
2037-C were appropriate because DOE proposed that an LED lamp be used 
for ABC testing rather than an incandescent lamp as specified currently 
in appendix H. Accordingly, in the March 2022 NOPR, DOE proposed to 
reference section 7.1.3 of ANSI/CTA-2037-C for the illuminance meter 
requirements. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference the illuminance meter requirements, including the calibration 
requirements, from ANSI/CTA-2037-C. DOE also requested comment on the 
updated illuminance meter requirements under consideration for ANSI/
CTA-2037-D, whether DOE should consider referencing the updated 
requirements when finalized, and the reason(s) for doing so. Id.
    CTA et al. commented that DOE should reference the requirements for 
the illuminance photometer described in section 7.1.3 of ANSI/CTA-2037-
D. CTA et al. additionally commented that DOE should adopt the updated 
requirements for the illuminance photometer described in section 7.1.3 
of ANSI/CTA-2037-D, which include a maximum depth for the light 
reception dome (i.e., integrating sphere) that would help ensure that 
the sensor will not be too far away from the TV's ABC sensor when 
illuminance measurements are taken. (CTA et al., No. 21 at p. 12)
    DOE notes that the finalized ANSI/CTA-2037-D does not include the 
cosine receptor depth requirement that was under consideration by the 
CTA working group. Additionally, it removes the requirements that were 
specified for illuminance meters that are neither a spectroradiometer 
nor calibrated against an illuminant replicating the spectral emission 
of LEDs.
    DOE has determined that these changes to the illuminance meter 
requirements from ANSI/CTA-2037-C to CTA-2037-D improve clarity and 
repeatability of test results, while not increasing test burden. In 
this final rule, DOE amends the illuminance meter requirements in 
appendix H to reference section 7.1.3 of CTA-2037-D.
5. Video Input Device
    Section 3.6 of appendix H contains video input device requirements 
that specify the use of a Blu-ray player and requires that the video 
input device manufacturer be different from the manufacturer of the 
UUT. In the March 2022 NOPR, DOE noted that ANSI/CTA-2037-C specifies 
the use of a USB flash drive \11\ to play the IEC test clips. 
Specifically, sections 7.1.5 through 7.1.7 of ANSI/CTA-2037-C specify 
the use of a USB 3.0 flash drive that stores the test clips for 
playback and a separate media player that contains a USB port to send 
media to the UUT via an HDMI cable. ANSI/CTA-2037-C specifies that the 
media player must have a video setting that does not perform any video 
processing (e.g., noise reduction, upscaling, or adjustment of color, 
hue, contrast, or brightness). ANSI/CTA-

[[Page 16092]]

2037-C does not include the requirement that the manufacturers for the 
media player and UUT must be different. 87 FR 87892, 87901.
---------------------------------------------------------------------------

    \11\ ANSI/CTA-2037-C refers to a USB flash drive as a ``USB 
thumb drive'' and a ``USB stick.''
---------------------------------------------------------------------------

    ANSI/CTA-2037-C additionally requires that all media must be stored 
and played from a FAT32 or ExFAT \12\-formatted USB flash drive via the 
USB port in the media player. ANSI/CTA-2037-C requires that the test 
clips stored on the USB flash drive are played via a USB port on a 
media player instead of the designated USB port on a UUT. Id. In the 
March 2022 NOPR, DOE proposed to reference the video media player 
requirements from ANSI/CTA-2037-C. Id.
---------------------------------------------------------------------------

    \12\ FAT32 and ExFAT refer to file allocation formatting systems 
for storage devices such as USB flash drives. FAT32 means 32-bit 
version of FAT file allocation table system. exFAT means extensible 
file allocation table.
---------------------------------------------------------------------------

    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference the media player and USB flash drive requirements from ANSI/
CTA-2037-C. Id. DOE also requested comment on whether DOE should 
maintain the current requirement that the media player and UUT must not 
be from the same manufacturer. Id.
    CTA et al. recommended DOE adopt ANSI/CTA-2037-D and stated that 
there is no need to require that the media player and TV not be from 
the same manufacturer, as the requirements in ANSI/CTA-2037-D stipulate 
that the media player have a video setting that performs no video 
processing. CTA et al. stated that because of these requirements, the 
characteristics of the video played during testing will be the same 
regardless of who manufactured the video player. (CTA et al., No. 21 at 
p. 12)
    DOE agrees that ANSI/CTA-2037-D addresses the concern about the 
media player and TV not being from the same manufacturer by requiring 
that the media player have a video setting that performs no video 
processing. By removing any video processing, there is no concern about 
media players interacting differently with TVs from the same 
manufacturer. ANSI/CTA-2037-D clarifies that the HDMI cable must be a 
Certified Ultra High Speed HDMI Cable instead of just HDMI 2.0 or 
greater. As most HDMI 2.0 cables are ultra-high speed, this 
clarification explicitly specifies a requirement that was previously 
implicit. The clarification ensures that the HDMI cable is capable of 
transferring signal at the desired rate.
    For the reasons discussed in the preceding paragraph and in the 
March 2022 NOPR, DOE is finalizing its proposal from the March 2022 
NOPR to remove the requirement that the UUT and media player be from 
different manufacturers and instead specifies that the media player and 
USB flash drive requirements in appendix H be as specified in sections 
7.1.5 through 7.1.7 of ANSI/CTA-2037-D.
6. Light Source for ABC Testing
    For conducting tests for TVs with ABC enabled by default, appendix 
H requires the use of a lamp to alter the amount of light that is 
directed to the ABC sensor of the TV. Section 7.1.3.3 of appendix H 
specifies that the ABC lamp must be a standard spectrum, halogen 
incandescent aluminized reflector lamp and also includes specifications 
for the lamp diameter, beam angle, and center beam candlepower. Such a 
light source is used in conjunction with a variable transformer to 
control the brightness of the lamp, which in turn controls the 
illuminance at the ABC sensor. This setup measures TV power consumption 
at different room ambient conditions, reflecting TV usage that is 
sometimes in a bright room (e.g., during the day) and other times in a 
dark room (e.g., at night or with room lights turned off).
    In the March 2022 NOPR, DOE stated that section 7.1.9 of ANSI/CTA-
2037-C specifies the ABC light source requirements, namely that an LED 
reflector lamp with dimmer switch must be used to provide the specified 
room illuminance levels. Section 7.1.9 of ANSI/CTA-2037-C additionally 
specifies the diameter, rated beam angle, correlated color temperature, 
and color rendering index of the lamp. Further, it specifies a 1-
percent allowable tolerance in illuminance measurement and the use of a 
neutral density (``ND'') filter to reach illuminance levels less than 
10 lux, which are consistent with the current requirements in appendix 
H. 87 FR 11892, 11901-11902. In the March 2022 NOPR, DOE proposed to 
reference section 7.1.9 of ANSI/CTA-2037-C for the ABC light source 
requirements. Id. at 87 FR 11902.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference section 7.1.9 of ANSI/CTA-2037-C for the light source 
required for conducting tests with ABC enabled. Id.
    CTA et al. commented that DOE should adopt the requirements in 
section 7.1.9 of ANSI/CTA-2037-D that describe the ABC light source. 
(CTA et al., No. 21 at p. 13) ANSI/CTA-2037-D specifies that the 
selected lamps must be compatible only with leading-edge dimmers (i.e., 
the lamp must not be a retrofit) and additionally specifies that the 
lamp shall be stabilized for 15 minutes immediately prior to conducting 
measurements. While testing was already conducted according to these 
requirements under ANSI/CTA-2037-C, these clarifications were included 
in ANSI/CTA-2037-D to improve the clarity and repeatability of the ABC 
lamp configuration.
    From its experience conducting TVs testing, DOE has determined that 
the lamp specifications in ANSI/CTA-2037-D are consistent with current 
requirements in appendix H but are updated to use a more representative 
light source (i.e., LEDs). DOE has conducted testing using such an LED 
lamp and did not find any substantive differences in the test conduct 
compared to using an incandescent lamp. DOE also agrees with the new 
requirements specified in ANSI/CTA-2037-D regarding a stabilization 
period and requiring that the lamp must not be retrofit because these 
requirements improve the repeatability of the test method. From its 
testing experience, DOE has determined that the light source 
specifications in ANSI/CTA-2037-D are an improvement to appendix H in 
representativeness and do not significantly increase burden.
    For the reasons discussed in the preceding paragraph and in the 
March 2022 NOPR, DOE amends the light source for ABC testing 
requirements in appendix H to reference section 7.1.9 of ANSI/CTA-2037-
D.

F. Test Room Setup

1. Room Ambient Conditions
    Sections 4.1 and 4.2 of appendix H specify the ambient temperature 
and relative humidity conditions of the test room, respectively. The 
temperature conditions reference section 11.4.1 of IEC 62087:2011, 
which specifies a requirement of 23 degrees Celsius (``[deg]C'')  5 [deg]C. Section 4.2 of appendix H specifies that the ambient 
relative humidity must be maintained between 10 percent and 80 percent.
    In the March 2022 NOPR, DOE stated that section 7.3 of ANSI/CTA-
2037-C specifies the same ambient test room and relative humidity 
requirements as those currently specified in appendix H. 87 FR 11892, 
11902. In the March 2022 NOPR, DOE proposed to reference these 
requirements from ANSI/CTA-2037-C. Id.
    DOE requested comment on whether the specified ambient temperature 
and humidity requirements are adequate or whether the temperature and 
relative humidity specifications should include additional 
specification regarding the precision and/or accuracy of the 
instruments used to verify that the required ambient conditions are 
maintained. Id.

[[Page 16093]]

    CTA et al. stated that the environmental conditions specified in 
section 7.3 of ANSI/CTA-2037-D are adequate and it is not necessary to 
include additional specifications regarding the precision or accuracy 
of the instruments used to verify the ambient conditions. CTA et al. 
stated that the additional specifications might make it considerably 
more difficult or expensive to obtain the measurement instruments 
without improving test results to any significant degree. (CTA et al., 
No. 21 at p. 13)
    ANSI/CTA-2037-D specifies the ambient relative humidity to be 45 
percent  35 percent (non-condensing). This requirement is 
effectively the same as the requirement specified in ANSI/CTA-2037-C, 
which specifies the ambient relative humidity to be between 10 and 80 
percent. ANSI/CTA-2037-D also specifies the ambient temperature to be 
23[deg]C  5[deg]C, which is the same as the requirement 
specified in ANSI/CTA-2037-C and the current appendix H.
    Given the ambient relative humidity and ambient temperature 
requirements specified in ANSI/CTA-2037-D are effectively the same as 
the requirements specified in the current appendix H, DOE amends the 
room ambient conditions in appendix H to reference section 7.3 of ANSI/
CTA-2037-D.
2. Room Illuminance Level
    Section 4.3 of appendix H specifies that all luminance and on mode 
testing must be performed in a room with an illuminance level less than 
or equal to 1.0 lux measured at the UUT's ABC sensor while the TV is in 
off mode or standby mode. In the March 2022 NOPR, DOE stated that 
section 7.4 of ANSI/CTA-2037-C specifies the same requirement but 
includes an additional requirement regarding the positioning of the 
illuminance meter used for this measurement (i.e., the illuminance 
meter must be positioned at the ABC sensor in the same manner as it 
would be positioned during luminance and power measurement tests). 87 
FR 11892, 11902. As this requirement is generally the same between 
appendix H and ANSI/CTA-2037-C, but with additional specificity 
regarding meter placement, which would further ensure repeatability and 
reproducibility of the test results, in the March 2022 NOPR, DOE 
proposed to reference section 7.4 of ANSI/CTA-2037-C for the room 
illuminance level. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference section 7.4 of ANSI/CTA-2037-C for the room illuminance level 
and requirement to position the illuminance meter in the same manner as 
it would be positioned during luminance and power measurement tests. 
Id.
    CTA et al. commented that DOE should adopt the requirements in 
section 7.4 of ANSI/CTA-2037-D, which specify the room illuminance 
level and the position of the illuminance meter when the room 
illuminance level is measured. (CTA et al., No. 21 at p. 13)
    The published ANSI/CTA-2037-D specifies the same requirements for 
room illuminance level as those specified in ANSI/CTA-2037-C. Because 
these requirements further ensure repeatability and reproducibility of 
the test results, DOE amends the room illuminance level in appendix H 
to reference section 7.4 of ANSI/CTA-2037-D.
3. UUT Installation and Placement
    Section 4.4 of appendix H specifies that the UUT must be installed 
in accordance with manufacturer's instructions. Additionally, section 
4.5 of appendix H includes requirements for TV placement, which 
specifies that TVs tested with ABC enabled must be placed at least 0.5 
meters away from any wall surface and that all four corners of the face 
of the TV must be placed equidistant from a vertical reference plane.
    In the March 2022 NOPR, DOE noted that many manufacturers provide 
instructions for multiple installation configurations for the TV, such 
as stand mounted and wall mounted, and do not specify a single method 
as a recommended or preferred approach. 87 FR 11892, 11902.
    In the March 2022 NOPR, DOE stated that section 8 of ANSI/CTA-2037-
C specifies the installation and setup requirements for the UUT as well 
as all other test equipment relative to the placement of the TV. 
Specifically, sections 8.2. 8.2.2, and 8.2.3 of ANSI/CTA-2037-C provide 
instructions on installing a UUT for testing, including a preference 
for installing a TV using a stand mount if possible; if not, using a 
wall mount; and if the UUT is neither stand-mounted nor wall-mounted 
(e.g., permanently mounted in a wheeled furniture stand), special case 
installation instructions are specified in which the UUT assembly 
(including whatever support mechanisms or furniture that are part of 
the UUT) are positioned on a floor. Section 8.2.4 of ANSI/CTA-2037-C 
specifies requirements for positioning the ABC sensor relative to the 
UUT for cases where the UUT has an ABC sensor that is not permanently 
mounted on the display (e.g., in an external enclosure or sound bar). 
Id.
    Additionally, in the March 2022 NOPR, DOE noted that ANSI/CTA-2037-
C describes the requirements for the placement of the LED lamp, camera 
photometer, and illuminance meter relative to the UUT. Section 8.1.1 of 
ANSI/CTA-2037-C specifies placing the LED lamp at a 45[deg] angle, with 
a tolerance of 2[deg], pointed at the ABC sensor and also specifies 
requirements to ensure that light is not reflected off the TV screen. 
Id. In the March 2022 NOPR, DOE tentatively found that positioning the 
lamp at an angle rather than directly in front of the sensor would be 
more representative of real-world conditions, as lighting is generally 
not placed such that a lamp shines directly towards the ABC sensor; 
instead, any light reaching the sensor is generally directed at the TV 
screen at an angle, either from overhead lighting or floor lamps. Id. 
Accordingly, in the March 2022 NOPR, DOE proposed to adapt the 
requirements specified in ANSI/CTA-2037-C regarding lamp setup. Id.
    In the March 2022 NOPR, DOE also stated that section 8.1.2 of ANSI/
CTA-2037-C specifies that the illuminance meter must be oriented at an 
angle of 45[deg] to be aimed directly at the light source, which is 
also oriented at 45[deg] relative to, and pointing towards, the ABC 
sensor. ANSI/CTA-2037-C also requires a firm stationary mount for the 
illuminance meter to allow for consistent measurement of the 
illuminance. In the March 2022 NOPR, DOE proposed to reference these 
additional requirements for the illuminance meter setup within revised 
section 3 (Test Setup) of appendix H. Id.
    In the March 2022 NOPR, DOE also stated that section 8.2.5 of ANSI/
CTA-2037-C specifies detailed instructions for the placement and setup 
of the camera photometer, which is used for dynamic luminance 
measurement. The placement of the camera photometer is dependent on the 
size of the UUT. The distance between the camera photometer and the TV 
is proportional to the width of the TV, and the height of the camera 
photometer is always in the center of the height of the TV. The 
orientation is 0[deg] with respect to the TV screen, with a 5[deg] 
tolerance. Section 8.2.5 of ANSI/CTA-2037-C also provides instructions 
for how to prevent the moir[eacute] effect \13\ by defocusing the 
camera

[[Page 16094]]

photometer appropriately. DOE has conducted testing using this setup 
and has found this setup provides for a measurement of screen luminance 
in a repeatable manner. In the March 2022 NOPR, DOE proposed to 
reference the ANSI/CTA-2037-C requirements for the placement and setup 
of the camera photometer. Id. at 87 FR 11902-11903.
---------------------------------------------------------------------------

    \13\ The moir[eacute] effect refers to a visual perception that 
occurs when viewing the dots of the LEDs in the UUT superimposed on 
the pixels captured from the camera photometer. The overlapped 
patterns can cause a glare in the recorded image, which can impact 
results if not corrected.
---------------------------------------------------------------------------

    In the March 2022 NOPR, DOE stated that sections 7.1.10 and 8.2.1 
of ANSI/CTA-2037-C include additional requirements regarding the table 
surface on which the UUT is placed for testing. This includes the 
specifications for covering the table with black, non-reflective cloth 
and placing a reflective card directly underneath the ABC sensor of the 
UUT. The reflective card is used to better redirect light from the ABC 
lamp into the ABC sensor, given the 45[deg] angle of the ABC lamp. In 
the March 2022 NOPR, DOE proposed to reference these requirements in 
the test room setup section of appendix H. Id. at 87 FR 11903. DOE 
additionally noted that while it proposed to reference these 
requirements, the CTA working group was considering amending this 
requirement to specify that a ``minimally reflective cloth'' (such as 
black felt) rather than a ``non-reflective cloth'' be used for testing, 
since no material is truly non-reflective. Id. The published ANSI/CTA-
2037-D has since finalized this requirement. In the March 2022 NOPR, 
DOE requested comment on its proposal to reference all the requirements 
specified in section 8 of ANSI/CTA-2037-C for the test room setup. 
These include the setup of the UUT, illuminance meter, camera 
photometer, table surface, and reflective card. DOE also requested 
comment on whether it would be appropriate to specify that the table 
surface must be covered with black, non-reflective cloth or whether DOE 
should specify a ``minimally reflective'' cloth instead. Id.
    CTA et al. commented that DOE should adopt the requirements in 
section 8 of ANSI/CTA-2037-D regarding the physical setup of the test. 
CTA et al. also stated that DOE should adopt the requirements in 
section 8.2.1 of ANSI/CTA-2037-D, which differ from ANSI/CTA-2037-C by 
specifying ``minimally reflective'' cloth instead of ``nonreflective'' 
cloth. (CTA et al., No. 21 at p. 13)
    ANSI/CTA-2037-D specifies UUT setup requirements that are 
substantively the same as those specified in ANSI/CTA-2037-C, with two 
minor updates. First, ANSI/CTA-2037-D specifies that the table surface 
must be covered with black, minimally reflective cloth, as discussed in 
the March 2022 NOPR. Second, ANSI/CTA-2037-D specifies that the 
illuminance meter's position along the x-axis shall be minimized and 
shall be less than 95 millimeters. This requirement is effectively the 
same as that stated in ANSI/CTA-2037-C, which specified that the base 
of the dome (of the illuminance meter) must be placed on the bezel of 
the TV. The requirement in ANSI/CTA-2037-D includes a quantitative 
distance, which should improve repeatability in placing the illuminance 
meter consistently, but does not materially change the placement 
compared to ANSI/CTA-2037-C. For the reasons discussed in the preceding 
paragraphs and in the March 2022 NOPR, DOE amends the UUT installation 
and placement in appendix H to reference sections 7.1.10 and 8 of ANSI/
CTA-2037-D.

G. Test Configuration

1. Configuration of Special Functions
    Section 5 of appendix H specifies configuration requirements for 
various TV functions such as: additional functions and special 
functions; the setup of the TV when presented with forced menu prompts; 
a connection priority to be used for connecting the TV to the video 
input device; the selection of the preset picture setting for on mode 
tests; video aspect ratio; frame rate; sound level; and network 
connection configuration. For many of these requirements, appendix H 
references the requirements specified in relevant sections of IEC 
62087:2011. The requirements specified in appendix H are also 
consistent with earlier versions of the ANSI/CTA-2037 standard.
    In the March 2022 NOPR, DOE noted that as TV technology has 
evolved, the configuration requirements currently specified in appendix 
H may not be as representative of current TV use. 87 FR 11892, 11903. 
DOE additionally noted that special functions such as MDD often trigger 
a more significant decrease in power consumption when testing with the 
IEC test clip compared to other real-world media content. Id. DOE 
additionally stated that ANSI/CTA-2037-C provides setup requirements 
for functions including quick start, MDD, and forced menus. Section 9.1 
of ANSI/CTA-2037-C specifies that the UUT must operate on the latest 
manufacturer-supplied firmware and requires a factory reset to ensure 
the TV is configured with the most recent firmware update. Section 9.2 
of ANSI/CTA-2037-C specifies instructions for the initial configuration 
of the UUT, including how to adjust according to initial setup and 
forced menu prompts that may have multiple configurations from which to 
choose. DOE stated that ANSI/CTA-2037-C specifies disabling 
accessibility settings intended for vision or hearing-impaired viewers 
as well as choosing the configuration that does not include the 
addition of content such as applications (i.e., ``apps'') or TV 
stations. Other than these exceptions, in the March 2022 NOPR, DOE 
stated that ANSI/CTA-2037-C specifies that the most power-consumptive 
configuration must be selected, and the selection must be verified via 
a test if the most power-consumptive configuration is unknown. Id.
    In the March 2022 NOPR, DOE additionally stated that section 9.7 of 
ANSI/CTA-2037-C requires all testing to be completed with MDD disabled. 
Further, section 9.9 of ANSI/CTA-2037-C provides criteria that are used 
to determine whether quick start is enabled or disabled during testing. 
Specifically, quick start is enabled during testing if it is enabled by 
default or if the wake time of the TV is greater than or equal to 10 
seconds when quick start is disabled. In the latter scenario, quick 
start is enabled to provide the shortest possible resume time. To 
determine the wake time of the TV for the quick start configuration, 
ANSI/CTA-2037-C specifies connecting the UUT to LAN without any other 
devices connected, playing the SDR IEC test clip, turning off the TV 
for 20 minutes, and turning it back on such that it is configured to 
turn on to the HDMI input connection that is playing the IEC test clip. 
The time between turning on the TV to content being displayed is 
determined to be the wake time of the TV for the configuration of quick 
start function. Id. at 87 FR 11903-11904.
    In the March 2022 NOPR, DOE proposed to adopt through reference 
sections 9.1, 9.2, 9.7, and 9.9 of ANSI/CTA-2037-C. Id. at 87 FR 11904. 
DOE tentatively determined that adopting these sections would address 
stakeholder comments in response to the June 2016 RFI, would make the 
DOE test procedure consistent with the industry standard for the 
configuration of these settings, and would ensure that the DOE test 
procedure is measuring power consumption in a representative and 
repeatable manner. Id. While DOE proposed to reference these 
requirements, DOE noted in the March 2022 NOPR that the most power 
consumptive configuration of a special function may not be readily 
identified, as required in section 9.2 of ANSI/CTA-2037-C, particularly 
because ANSI/CTA-2037-C specifies on mode testing

[[Page 16095]]

at three preset picture settings. DOE noted that ANSI/CTA-2037-C does 
not address which configuration should be selected if a given special 
function impacts power consumption differently when testing the 
different preset picture settings or power modes. Additionally, DOE 
noted in the March 2022 NOPR that the CTA working group was considering 
updating this requirement to specify that the most energy consumptive 
configuration of a special function must be selected if a forced menu 
is displayed requiring the configuration of special functions. Id.
    DOE also acknowledged in the March 2022 NOPR that the CTA working 
group was considering changing how the most consumptive state is 
determined. Specifically, the working group was considering changing 
this requirement to specify that the option that is more likely to 
increase energy consumption be selected. As an example, if a UUT has a 
prompt for enabling or disabling location sharing, this special 
function is unlikely to use a significant amount of additional energy, 
but it is more likely that enabling it will result in higher energy 
consumption than disabling it, and therefore, location sharing should 
be enabled during testing, according to the language under 
consideration by the CTA working group. Id. DOE additionally stated 
that the CTA working group was considering other alternate language to 
eliminate subjective configuration of special functions from forced 
menu prompts. In particular, the working group was considering 
specifying that if it is unknown which configuration yields the most 
energy consumptive state, then the configuration that enables more 
functionality should be selected, such as location sharing, data 
reporting, or data backup. However, if a forced menu is displayed 
requesting the configuration of features that would reduce or save 
energy, the configuration that consumes maximum energy should be 
selected (e.g., smart viewing modes or energy saving functionality). 
The ultimate goal of such a requirement would be to select the 
configuration that consumes the most energy, and it is expected that, 
generally, enabling more functionality would consume more energy. The 
CTA working group was also considering selecting the option that is 
highlighted or pre-selected when a given forced menu prompt appears on 
the screen. Id.
    At the time of the March 2022 NOPR, the CTA working group was also 
considering specifying that the TV must be tested in the default 
settings for all functions other than those that require configuration 
when a forced menu prompt appears on the screen. Further, the working 
group was considering specifying that the tester must not log into any 
services if prompted by a forced menu during initial setup, unless it 
is required for the setup of any other functionality noted in the 
standard (e.g., smart wake functionality setup via a smart speaker). 
Id. The working group also intended to clarify certain requirements for 
quick start. In particular, to measure the quick start wake time, ANSI/
CTA-2037-C specifies that the test must be conducted on LAN, without 
WAN connection. The working group intended to remove this requirement 
for ANSI/CTA-2037-D, so that the quick start wake time check is 
conducted under the same settings as the rest of the test (i.e., on 
WAN). Additionally, ANSI/CTA-2037-C specifies that the wake time must 
be measured when the UUT wakes to the HDMI input. However, it does not 
state how the wake time should be measured if the UUT does not wake to 
the HDMI input. For ANSI/CTA-2037-D, the working group was considering 
specifying that if the UUT does not wake to displaying video content 
from the HDMI port, then the wake time measurement period would end as 
soon as an HDMI input port can be selected to play content. Id.
    In the March 2022 NOPR, DOE requested comment on whether it should 
consider requiring that if a forced menu is displayed requesting the 
configuration of specific features, then the most energy consumptive 
configuration, as represented by AEC, must be selected (rather than the 
most power consumptive configuration). Additionally, if stakeholders 
supported the use of the most power consumptive configuration, DOE 
requested comment on whether it should specify that the power 
consumption measurement is averaged over the duration of the test. Id. 
at 87 FR 11905.
    DOE also requested comment on any approaches that were under 
consideration for ANSI/CTA-2037-D by the CTA working group for the 
initial setup of the TV, the configuration of forced menu options, or 
the requirements for the quick start wake time measurement test. Id.
    CTA et al. recommended that DOE adopt ANSI/CTA-2037-D, including 
the requirements in section 9.2 of ANSI/CTA-2037-D, which stipulate 
that, if a forced menu is displayed, then the menu selection(s) which 
result in the most energy consumptive state shall be selected. CTA et 
al. also stated that the most energy consumptive state does not need to 
be determined by running complete tests and calculating AEC for each 
configuration. Instead, if the most energy consumptive state is not 
obvious, then the configuration that results in the most functionality 
should be selected. (CTA et al., No. 21 at p. 13)
    CTA et al. also commented that DOE should adopt the requirements in 
section 9.11 of ANSI/CTA-2037-D for quick start functionality, which 
requires that quick start wake time be measured to determine if it 
should be enabled during testing. (Id. at p. 14) ANSI/CTA-2037-D 
includes some updates in the introductory text of section 9 and 
sections 9.1, 9.2, 9.7, and 9.10 (which is the new section number for 
quick start requirements, compared to section 9.9 in ANSI/CTA-2037-C). 
Specifically, the introductory text of section 9 specifies explicitly 
that the UUT must be configured and tested in the home 
configuration,\14\ while this same requirement is specified in section 
9.2 of ANSI/CTA-2037-C. Accordingly, DOE is adopting the introductory 
text in section 9 of ANSI/CTA-2037-D in this final rule.
---------------------------------------------------------------------------

    \14\ Home configuration is the configuration designed for 
typical consumer viewing and is recommended by the manufacturer for 
home environments. It is typically selected from the forced menu 
wherein a selection needs to be made for ``home'' vs. ``retail'' 
configurations.
---------------------------------------------------------------------------

    Additionally, section 9.1 of ANSI/CTA-2037-C specifies that the UUT 
must operate on the latest manufacturer-supplied firmware. Section 9.1 
of ANSI/CTA-2037-D specifies the same requirements but changes the term 
``firmware'' to ``software;'' i.e., the UUT must operate on the latest 
manufacturer-supplied software. As discussed previously, ANSI/CTA-2037-
D also includes a definition for ``software,'' which specifies, in 
part, that code that might be classified as ``firmware'' elsewhere is 
classified as ``software'' in ANSI/CTA-2037-D. Overall, it is DOE's 
understanding that while ANSI/CTA-2037-C and ANSI/CTA-2037-D use 
different terminologies, the intent of the requirement is the same. 
Accordingly, DOE is adopting section 9.1 of ANSI/CTA-2037-D for the UUT 
software update requirements.
    Section 9.2 of ANSI/CTA-2037-C and ANSI/CTA-2037-D specify the 
initial steps to configurate the TV prior to conducting tests. However, 
in the published ANSI/CTA-2037-D, the CTA working group finalized each 
of the items that were discussed as being under consideration in the 
March 2022 NOPR. These include configuration of features required via 
forced menu prompts using the most energy consumptive state rather than 
the most power consumptive state. ANSI/CTA-2037-D also specifies that 
the most energy consumptive state is selected

[[Page 16096]]

based on the configuration that enables more functionality unless the 
feature would reduce or save energy, in which case the configuration 
that consumes maximum energy is selected, as discussed in the March 
2022 NOPR. Section 9.2 of ANSI/CTA-2037-D also specifies that the 
tester must not log into any services if prompted by a forced menu 
during initial setup, unless it is required for the setup of any other 
functionality noted in the standard (e.g., smart wake functionality 
setup via a smart speaker), as discussed in the March 2022 NOPR. These 
clarifications are intended to improve repeatability and 
reproducibility while configuring the initial TV settings. Accordingly, 
DOE is adopting section 9.2 of ANSI/CTA-2037-D for the initial 
configuration requirements. DOE notes that ANSI/CTA-2037-D also 
includes a new section 9.2.1 to specify network configuration 
requirements. These requirements were previously specified in section 
9.10 of ANSI/CTA-2037-C. DOE discusses networking requirements in 
section III.G.6 of this document.
    Section 9.7 of ANSI/CTA-2037-D specifies the same requirements as 
those specified in section 9.7 of ANSI/CTA-2037-C and discussed in the 
March 2022 NOPR for the configuration of MDD for SDR preset picture 
settings. Since MDD is not known to impact power consumption of HDR10 
preset picture settings when tested with the HDR10 IEC test clip, the 
configuration of MDD in the HDR10 preset picture setting is not 
expected to impact results. Accordingly, DOE is adopting section 9.7 of 
ANSI/CTA-2037-D for the MDD setup.
    Finally, for the quick start requirements specified in section 9.10 
of ANSI/CTA-2037-D, the CTA working group adopted each of the 
requirements that were discussed as being under consideration in the 
March 2022 NOPR. The updated quick start requirements are intended to 
reduce burden by removing the requirement to wait for displayed content 
to appear, which is sometimes not repeatable, and improve 
representativeness by clarifying that the TV be connected to LAN and 
WAN. Accordingly, DOE is adopting section 9.10 of ANSI/CTA-2037-D for 
the quick start requirements.
2. Media Player Setup and Connection
    Sections 5.2 and 5.3 of appendix H require the use of an HDMI input 
cable and the HDMI input terminal that is designed for viewing live TV 
or dynamic content from a Blu-ray Disc player or set-top-box. However, 
appendix H does not provide additional instructions regarding the 
settings that must be selected for the media player (e.g., noise 
reduction, upscaling, etc.).
    In the March 2022 NOPR, DOE stated that section 9.3 of ANSI/CTA-
2037-C specifies requirements for playing video test files using the 
media player. Specifically, this section specifies that for all UUT 
setup and test tasks requiring video play, video test files stored on a 
USB flash drive shall be played from the media player by inserting the 
USB flash drive into the media player, connecting the media player to 
the UUT using an HDMI cable, and selecting the HDMI input on the UUT 
associated with the media player. On the media player, a video setting 
shall be selected that performs no video processing (e.g., no noise 
reduction, no upscaling, no adjustment of color, hue, contrast, or 
brightness). 87 FR 11892, 11905.
    Accordingly, in the March 2022 NOPR, DOE proposed to incorporate by 
reference section 9.3 of ANSI/CTA-2037-C for the media player setup and 
connection. Id. DOE received no comments specific to this topic in 
response to the March 2022 NOPR.
    The published ANSI/CTA-2037-D specifies the same requirements in 
section 9.3. Accordingly, DOE amends appendix H by referencing the 
media player setup and connection requirements in section 9.3 of ANSI/
CTA-2037-D.
3. Test Clips
    Appendix H currently specifies use of the IEC 62087:2011 Blu-ray 
Disc dynamic broadcast-content video signal (i.e., the IEC test clip) 
for all on mode testing. Section 5.7 of appendix H requires the video 
aspect ratio of the video signal to fill the entire screen, and section 
5.8 of appendix H requires the frame rate and resolution of the video 
signal to match the highest available format signal capable of the UUT.
    In the March 2022 NOPR, DOE noted that stakeholders have 
collaborated during both IEC and CTA working groups to identify an 
appropriate test clip for TV testing. As a result of these meetings, 
the SDR IEC test clip continues to be used for testing the SDR preset 
picture settings. Additionally, an adapted HDR10 test clip (referred to 
as the ``HDR10 IEC test clip'' elsewhere in this document), has been 
developed by the Collaborative Labeling and Appliance Standards Program 
(``CLASP''), for testing HDR10 preset picture settings. Members of the 
IEC and CTA working groups have agreed to use this HDR10 test clip for 
testing HDR10 preset picture settings in the respective industry 
standards. 87 FR 11892, 11905-11906
    In the March 2022 NOPR, DOE stated that ANSI/CTA-2037-C specifies 
use of the SDR IEC test clip for SDR preset picture settings and the 
HDR10 IEC test clip for HDR10 preset picture settings, while providing 
similar direction as appendix H for the aspect ratio, resolution, and 
frame rate of the video signal. Id. at 87 FR 11906. Additionally, ANSI/
CTA-2037-C specifies that the test clips be played via a USB flash 
drive rather than a Blu-ray Disc. Id.
    Accordingly, in the March 2022 NOPR, DOE proposed to reference 
sections 7.2 and 9.5 of ANSI/CTA-2037-C for the test clip provisions. 
Section 7.2 of ANSI/CTA-2037-C specifies the video files that should be 
used for determination of on mode power consumption and states that the 
file with the highest resolution supported by the UUT shall be used. 
Four test clips are specified in ANSI/CTA-2037-C, two of which are used 
for SDR preset picture settings and two of which are used for HDR10 
preset picture settings. Section 9.5 of ANSI/CTA-2037-C additionally 
specifies that the aspect ratio of the video content must fill the 
entire screen without being cropped to ensure all TV pixels are 
activated during testing. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference the SDR and HDR10 IEC test clips specified in ANSI/CTA-2037-C 
for testing TVs in the default, brightest, and HDR10 preset picture 
settings. Id.
    ASAP et al. stated that the proposed IEC test clips have abnormally 
short scenes and lack TV viewing-related sounds, such as human voices, 
that are found in typical TV content. ASAP et al. encouraged DOE to 
develop a new test clip that is more representative of real-world video 
and sound as part of a future rulemaking. (ASAP et al., No. 18 at p. 2)
    DOE recognizes that the SDR IEC test clip may not be entirely 
representative of current real-world video content. However, DOE has 
determined that certain other requirements specified in this final rule 
(e.g., configuration of special functions, preset picture settings 
selected for on mode testing, dynamic luminance measurement, etc.) 
address many of the identified shortcomings of the SDR IEC test clip, 
particularly related to the short scenes. DOE additionally notes that 
the HDR10 IEC test clip specified by this final rule is more 
representative of real-world video content.
    In addition, DOE believes that IEC is the most suitable forum to 
build international consensus on the development of a future test clip 
to be used for TV energy testing. If a new test

[[Page 16097]]

clip were to be developed through international consensus, DOE would 
evaluate the clip and, if appropriate, consider it for the DOE test 
procedure. DOE would welcome participation in any such international 
effort.
    ANSI/CTA-2037-D includes the same requirements regarding test clips 
as those discussed in the March 2022 NOPR. Additionally, the published 
standard includes the websites at which each of the test clips can be 
accessed. For the reasons discussed above, and in the March 2022 NOPR, 
DOE adopts the requirements for the test clips in appendix H as 
referenced in sections 7.2 and 9.5 of ANSI/CTA-2037-D.
4. Preset Picture Settings for On Mode Tests
    Appendix H requires on mode testing only in the default preset 
picture setting. In the March 2022 NOPR, DOE specified that ANSI/CTA-
2037-C requires on mode testing using three preset picture settings, 
based on the functionality of the TV: default SDR, brightest SDR, and 
the default HDR10 preset picture settings. 87 FR 11892, 11907. In the 
March 2022 NOPR, DOE explained that these preset picture settings are 
determined as specified in sections 9.6 and 9.8 of ANSI/CTA-2037-C. 
Specifically, section 9.6 of ANSI/CTA-2037-C requires the tester to 
play the SDR IEC test clip to identify the SDR default preset picture 
setting and the HDR10 IEC test clip to identify the HDR10 default 
preset picture setting. If ABC is enabled by default in these preset 
picture settings, the on mode test is conducted with ABC enabled. 
Section 9.8 of ANSI/CTA-2037-C instructs the tester to identify the 
brightest preset picture setting using the SDR IEC test clip, which is 
played for 5 minutes while the camera photometer collects the dynamic 
luminance of the UUT in each preset picture setting. The preset picture 
setting with the highest dynamic luminance is determined to be the 
brightest preset picture setting and is used during on mode testing. 
Section 9.8 of ANSI/CTA-2037-C also includes details such as how to 
determine the brightest preset picture setting if the dynamic luminance 
of each considered preset picture setting is very similar and specifies 
certain preset picture settings that are specifically excluded, such as 
``PC'' or ``Game.'' Id. Additionally, DOE stated in the March 2022 NOPR 
that the CTA working group was considering explicitly stating that the 
brightest preset picture setting must be identified with ABC disabled. 
Id.
    In the March 2022 NOPR, DOE had tentatively determined the 
methodology specified in ANSI/CTA-2037-C addressed many of the issues 
in appendix H pertaining to testing only a single preset picture 
setting; and that the methodology specified in ANSI/CTA-2037-C--
capturing a range of preset picture settings that are reflective of 
different resolutions and brightness settings that consumers may choose 
among--would produce test results that are more representative of 
average TV use than the current requirements of appendix H. Id.
    Accordingly, in the March 2022 NOPR, DOE proposed to reference 
sections 9.6 and 9.8 of ANSI/CTA-2037-C to identify the preset picture 
settings that must be selected for testing. DOE additionally proposed 
to specify that the brightest preset picture setting must be identified 
with ABC disabled.
    In the March 2022 NOPR, DOE also noted that it was aware of certain 
preset picture settings being introduced on recent TVs that are known 
to adapt the TV's configuration based on the content, usage pattern, 
and the environment in which the TV operates. These TVs use artificial 
intelligence technology to adapt and adjust these settings and such a 
preset picture setting is sometimes available in addition to Filmmaker 
mode (defined in section III.C of this document). Id. While DOE did not 
propose any requirement around such a preset picture setting in the 
March 2022 NOPR, it requested additional information about such preset 
picture settings and whether DOE should consider excluding such preset 
picture settings when selecting the default SDR, brightest SDR, and 
default HDR10 preset picture settings that are required for testing on 
mode power consumption. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference the requirements in ANSI/CTA-2037-C for the selection of the 
preset picture settings that must be used for testing and additionally 
specifying that the brightest preset picture setting be identified with 
ABC disabled. Id.
    In the March 2022 NOPR, DOE also requested information on preset 
picture settings that can adapt the TV's configuration based on 
content, usage pattern, environment, etc. DOE also requested comment on 
whether such preset picture settings should be excluded from testing, 
even if they are one of the default SDR, brightest SDR, or default 
HDR10 preset picture settings. If stakeholders support excluding such a 
preset picture setting from testing, DOE requested comment on which 
preset picture setting(s) should be used for testing instead, 
particularly if the intelligent preset picture setting is a default SDR 
or default HDR10 preset picture setting. Id.
    CTA et al. commented that DOE should adopt the requirements in 
section 9.6 of ANSI/CTA-2037-D for the identification of the default 
SDR and HDR10 preset picture settings. CTA et al. also recommended 
adopting the requirements in section 9.8 of ANSI/CTA-2037-D for the 
selection of the brightest preset picture setting. (CTA et al., No. 21 
at p. 14)
    ComEd and NEEA stated there is insufficient information about 
adaptive picture settings to include them in the test procedure and 
2019 NEEA field research showed little use of these settings. (ComEd 
and NEEA, No. 20 at p. 4)
    DOE notes that adaptive picture settings may cause repeatability 
and reproducibility issues by altering the TVs configuration during 
testing. Therefore, DOE agrees with ComEd and NEEA that adaptive 
picture settings should be excluded from the test procedure.
    Sections 9.6 and 9.8 of the published ANSI/CTA-2037-D specify the 
same requirements as those proposed in the March 2022 NOPR, including 
determining the brightest preset picture setting with ABC off. As no 
other changes have been made to the preset picture selection between 
ANSI/CTA-2037-C and ANSI/CTA-2037-D, DOE amends the preset picture 
settings for on mode testing to reference sections 9.6 and 9.8 of ANSI/
CTA-2037-D.
5. Sound Level
    Section 5.9 of appendix H specifies that the TV sound level shall 
be configured in accordance with section 11.4.11 of IEC 62087:2011. 
Section 11.4.11 of IEC 62087:2011 specifies that the volume control 
shall be adjusted to a level at which the sound output is audible. DOE 
understands this instruction to mean starting with the volume control 
at zero and increasing the volume until an audible level is achieved.
    In the March 2022 NOPR, DOE stated that section 9.4 of ANSI/CTA-
2037-C specifies that the volume control shall be adjusted to a level 
greater than zero that is closest to 2 percent of the maximum (e.g., a 
TV with a maximum level of 30 would have its volume set to 1). As this 
requirement is more objective than the current requirement specified in 
IEC 62087:2011, while resulting in comparable sound levels, in the 
March 2022 NOPR, DOE proposed to reference section 9.4 of ANSI/CTA-
2037-C for the sound level requirements in appendix H. 87 FR 11892, 
11907.
    ASAP et al. encouraged DOE to consider measuring power consumption 
using more representative TV sound

[[Page 16098]]

levels as part of a future rulemaking and encouraged DOE to conduct 
testing at different sound levels to determine the relationship between 
TV volume and power consumption. (ASAP et al., No. 18, at p. 2)
    In the NOPR public meeting, NEEA and Pacific Crest Lab (``PCL'') 
commented that the current test clips have 1 kilohertz (``kHz'') sine 
waves as the sound on the test clips and the test clips would need to 
be redesigned to accommodate more representative sound. Associated with 
the update to the test clip, NEEA and PCL stated that testing 
laboratories would also need to be redesigned, with soundproofing for 
instance, if a more representative sound is used on the test clip. NEEA 
and PCL additionally stated that it would be a longer-term goal to 
change the sound requirements for the TV test procedure. (Public 
Meeting Transcript, No. 16 at p. 43-44)
    DOE has determined that the sound level configuration specified in 
ANSI/CTA-2037-D (which is same as the requirement in ANSI/CTA-2037-C) 
ensures a repeatable and reproducible sound level by specifying the 
volume be set to a percentage of the maximum volume rather than relying 
on the audibility of the sound. Accordingly, DOE is adopting this 
requirement in this final rule. Should additional data become available 
regarding the impact of sound level on measured power use, or a 
representative sound level for conducting testing, DOE may consider a 
different sound level in a future test procedure rulemaking.
    For reasons discussed here and, in the March 2022 NOPR, DOE amends 
the sound level configuration to reference section 9.4 of ANSI/CTA2037-
D.
6. Network Configuration
    Section 5.10 of appendix H specifies the network connection 
configuration to which the UUT must be connected. Section 5.10.2 of 
appendix H requires the UUT to be connected to a LAN both in on mode 
and prior to being placed in standby mode, if the TV is network 
enabled. The LAN shall allow devices to ping other devices on the 
network but must not allow access to a WAN. Section 5.10.2 of appendix 
H also provides a network connection hierarchy table prioritizing that 
the UUT be connected via Wi-Fi, then Ethernet if Wi-Fi is not supported 
by the UUT.
    Sections 7.1.8, 9.9, 9.10, and 9.11 of ANSI/CTA-2037-C include 
requirements for network-related equipment and configuration of network 
connections, and configuration of specified networking devices. 
Specifically, section 7.1.8.1 of ANSI/CTA-2037-C specifies that the 
internet network connection shall support download speeds of at least 
25 megabytes per second (``MBps'') and upload speeds of at least 3 
Mbps. Sections 7.1.8.2 and 7.1.8.3 specify the use of a smart speaker 
that shall be used to conduct the wake-by-smart-speaker test and the 
use of a mobile device that is used for remote control and casting 
applications. Section 7.1.8.4 of ANSI/CTA-2037-C specifies that a 
network traffic generator shall be configured to output multicast 
discovery packets to the LAN every 1 second. The packets include 
requests to the UUT typical of everyday use \15\ that can be responded 
to over LAN by the UUT. 87 FR 11892, 11907-11908. Section 9.10 of ANSI/
CTA-2037-C requires that for UUTs that are network enabled, both the on 
mode and standby mode tests be conducted with the UUT connected to WAN 
as well as up to three additional devices (i.e., the smart speaker, 
mobile device, and network traffic generator) connected via the LAN. 
Section 9.10 also requires that the LAN network include no other 
networking devices besides the devices required to conduct the test 
(i.e., the smart speaker, mobile device, and network traffic 
generator). Section 9.11 of ANSI/CTA-2037-C specifies that for TVs that 
are advertised to support wake-by-remote-control-app (``WbRA''), wake-
on-cast (``WoC''), or wake-by-smart-speaker (``WbS''), enable as many 
of the supported smart wake features as possible. Any devices used to 
configure these features (e.g., mobile device, smart speaker, etc.) 
should be connected to the same LAN as the UUT. Section 9.11 of ANSI/
CTA-2037-C further specifies that the goal is to configure the UUT to 
wake with as many of the three identified smart wake features as 
possible.
---------------------------------------------------------------------------

    \15\ For example, the packets include commands sent to the 
Google and Spotify internet servers.
---------------------------------------------------------------------------

    DOE stated in the March 2022 NOPR, that the CTA working group was 
considering explicitly specifying the following additional 
requirements: (a) the LAN must not include other networking devices 
besides the devices required to conduct the test; (b) internet 
connectivity must be confirmed (e.g., by streaming media); (c) if the 
UUT does not support Wi-Fi or Ethernet connectivity then it shall not 
be connected to other possible forms of network connection (e.g., 
MoCA); and, (d) the three smart wake features must be enabled before 
performing any of the on or standby mode tests. Id.
    DOE's analysis of the market indicates that most TVs currently on 
the market are equipped with the capability to connect to the network. 
The growing availability of streaming services and video content via 
digital media suggests that a growing percentage of TVs are connected 
to an active internet connection when installed in a consumer's home. 
Additionally, the growth in the market for connected devices, 
particularly mobile devices and smart speakers, suggests that these 
devices are also becoming more prevalent in consumer homes.
    Based on an analysis of the market and the requirements specified 
in ANSI/CTA-2037-C and those under consideration at the time for ANSI/
CTA-2037-D, in the March 2022 NOPR, DOE tentatively concluded that the 
network configuration requirements specified in ANSI/CTA-2037-C--which 
require an active internet connection for the TV and the configuration 
of three different types of devices connected to the same local 
network--are more representative of TVs currently sold on the market 
than the requirements currently specified in appendix H. Therefore, in 
the March 2022 NOPR, DOE proposed to reference the network connection 
requirements specified in sections 7.1.8, 9.10, and 9.11 of ANSI/CTA-
2037-C. Id.
    DOE additionally noted that it had found through its testing that 
configuring the specified network devices, especially the smart 
speaker, to communicate with the TV was challenging for some TV models 
due to inadequate setup instructions. Further, DOE experienced 
challenges pairing certain TV models with smart speakers, noting that 
some TV models could only connect to certain smart speaker brands, but 
not others. Id.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference sections 7.1.8, 9.10, and 9.11 of ANSI/CTA-2037-C for the 
network configuration requirements. DOE also requested comment on the 
updates being considered by the CTA working group for ANSI/CTA-2037-D 
as they pertain to the WAN and LAN connection requirements and the 
connection requirements for smart wake features. Id.
    DOE also requested feedback on its observed challenges with pairing 
certain TV models with smart speakers. Id.
    CTA et al. stated that DOE should adopt the requirements in 
sections 7.1.8, 9.9, and 9.10 of ANSI/CTA2037-D \16\ regarding network 
configuration

[[Page 16099]]

requirements. CTA et al. additionally stated that, at the time of 
filing the comments, the CTA working group was still discussing 
appropriate wording for section 7.1.8 and its subsections, which 
describe the network activity to be generated during testing. (CTA et 
al., No. 21 at p. 14) CTA et al. additionally commented that DOE should 
adopt the requirements from ANSI/CTA-2037-D, including section 9.10 
\17\ which describes how to configure a TV to be woken using smart 
speakers and how to address situations where a smart speaker is unable 
to wake the TV. CTA et al. noted that, according to CTA et al., ANSI/
CTA-2037-D addressed the issues pertaining to pairing certain TVs with 
certain smart speakers. (Id. at p. 15) CTA et al. commented that DOE 
should not include any additional specifications beyond those specified 
in ANSI/CTA-2037-D. (Id.)
---------------------------------------------------------------------------

    \16\ DOE observes that while CTA et al. commented that the 
relevant network configuration requirements are specified in 
sections 7.1.8, 9.9, and 9.10 of ANSI/CTA-2037-D, the requirements 
are in fact specified in sections 7.1.8, 9.2.1, and 9.9 of ANSI/CTA-
2037-D.
    \17\ These requirements are specified in section 9.9 of ANSI/
CTA-2037-D.
---------------------------------------------------------------------------

    ANSI/CTA-2037-D generally includes the same networking requirements 
as those specified in ANSI/CTA-2037-C. While DOE referenced sections 
7.1.8, 9.10, and 9.11 of ANSI/CTA-2037-C for the networking 
requirements in the March 2022 NOPR, these same requirements are 
specified in sections 7.1.8, 9.2.1, and 9.9 of ANSI/CTA-2037-D. 
Additionally, section 7.1.8 of ANSI/CTA-2037-D removes the requirement 
regarding additional packet generation as specified in ANSI/CTA-2037-C. 
Based on DOE's ongoing participation in the CTA standard development 
process, DOE understands that the reason for removing this requirement 
is that the wake features utilized during the on mode and standby 
testing already generate packets that are representative of average 
household usage, and that any additional packets generated artificially 
via a packet generator would not be representative.
    Additionally, the requirements in section 9.9 of ANSI/CTA-2037-D 
are generally the same as those in section 9.11 of ANSI/CTA-2037-C, 
except that section 9.9 of ANSI/CTA-2037-D removes the test specified 
in ANSI/CTA 2037-C to confirm at the end of a standby mode test that 
the TV can be powered on via a smart wake feature. Instead, section 9.9 
of ANSI/CTA-2037-D specifies that to reduce test burden, the test 
method does not require testers to confirm [via a separate test] that 
they have configured smart wake features to persist throughout the 
entire standby test period; however, testers should confirm that they 
understand how to achieve this result for all UUT brands or platforms 
tested.\18\ Section 9.9 of ANSI/CTA-2037-D additionally provides 
guidance for the tester if any of the smart wake functions do not work. 
This includes testing with a different smart speaker brand and 
suggesting enabling quick start, which is a common setting that must be 
enabled for smart wake features to function and mitigates the 
challenges that DOE observed when testing according to a draft version 
of ANSI/CTA-2037-C associated with pairing the smart speaker with the 
TV. The smart wake devices are also required to stay configured to the 
UUT even if the 5-second check is not successful. These requirements 
generally ensure that testing is conducted in the same environment as 
that specified in ANSI/CTA-2037-C.
---------------------------------------------------------------------------

    \18\ Section 9.9 of ANSI/CTA-2037-D further states that, for 
example, it is common that the Quick Start feature must be enabled 
in order to enable persistent smart wake features.
---------------------------------------------------------------------------

    DOE found that the additional instructions for configuring and 
connecting the smart speaker provided by ANSI/CTA-2037-D are helpful 
for informing testers of the common missteps made while configuring the 
smart speaker and would help improve repeatability and reproducibility 
across test labs. Additionally, the updated network requirements in 
ANSI/CTA-2037-D are more representative of modern TVs and home network 
environments. For the reasons discussed here and, in the March 2022 
NOPR, DOE amends the network configuration requirements to reference 
sections 7.1.8, 9.2.1, and 9.9 of ANSI/CTA-2037-D.

H. Test Conduct

    Section 7 of appendix H specifies the tests for measuring on mode 
power consumption, luminance, standby mode power consumption, and off 
mode power consumption. The following sections describe the amendments 
DOE proposed to each of these tests in the March 2022 NOPR as well as 
the final requirements adopted in this final rule.
1. On Mode Test
    As discussed in previous sections, in the March 2022 NOPR, DOE 
proposed to adopt the testing requirements specified in ANSI/CTA-2037-
C, which specifies a new method to measure dynamic screen luminance at 
the same time as on mode power consumption. Accordingly, the on mode 
test specified in ANSI/CTA-2037-C specifies requirements for camera 
configuration, UUT stabilization, and measurement of luminance and 
power consumption. 87 FR 11892, 11908.
    Section 10 of ANSI/CTA-2037-C specifies the camera configuration 
and UUT stabilization procedure. First, the camera photometer must be 
configured to ensure that the UUT's screen border fits in the camera's 
field of view. Additionally, the color correction factors must be 
identified, if necessary, per the camera manufacturer's instructions. 
The UUT is then stabilized by playing the first 5 minutes of the IEC 
SDR test clip multiple times until the average power level between 
successive runs of the clip is within 2 percent. The procedure 
specifies that final camera configuration is performed just before on 
mode testing so that the UUT remains stabilized during the transition 
from this step to on mode testing. In the March 2022 NOPR, DOE proposed 
to reference section 10 of ANSI/CTA-2037-C in appendix H to specify the 
UUT and camera photometer stabilization requirements.
    Section 11.1 of ANSI/CTA-2037-C specifies the on mode test conduct, 
which as discussed, specifies measuring power consumption and dynamic 
luminance simultaneously. ANSI/CTA-2037-C specifies conducting on mode 
testing in the SDR default, SDR brightest, and HDR10 default preset 
picture settings. All UUTs are tested with ABC off at the default 
backlight in each preset picture setting. In ANSI/CTA-2037-C, any 
preset picture setting with ABC off by default is additionally tested 
with the backlight level set to 20 percent of its maximum backlight 
level. As specified in ANSI/CTA-2037-C, any preset picture setting with 
ABC on by default is additionally tested at 140 lux, 50 lux, 17 lux, 
and 4 lux room illuminance levels. These room illuminance levels are 
not identical, but are in practice equivalent, to the room illuminance 
levels specified in the current appendix H (i.e., 100 lux, 35 lux, 12 
lux, and 3 lux) for the following reason. Appendix H requires the lamp 
to be placed directly in front of the ABC sensor to set room 
illuminance levels at 100 lux, 35 lux, 12 lux, and 3 lux. Given that 
ANSI/CTA-2037-C specifies the lamp to be placed at an angle of 45[deg] 
from the ABC sensor, the room illuminance levels are slightly higher to 
ensure that the light at the ABC sensor is equivalent to the current 
room illuminance values with the lamp placed directly in front of the 
ABC sensor.
    In the March 2022 NOPR, DOE proposed to reference these 
requirements for the on mode power and luminance measurements in the 
default SDR, brightest SDR, and default HDR10 preset picture settings. 
However, for the brightest SDR preset picture setting, in the March 
2022 NOPR DOE proposed to only utilize the on mode

[[Page 16100]]

power consumption with ABC disabled for the calculation of AEC, 
regardless of the default ABC setting. This is because the selection of 
the brightest preset picture setting is performed with ABC disabled [as 
discussed in section III.G.4 of this document]. If ABC were then 
enabled during the on mode measurement test, it would be inconsistent 
with how the preset picture setting was selected and may not truly 
capture the intended brightest preset picture setting's luminance and 
power. 87 FR 11892, 11908.
    In the March 2022 NOPR, DOE requested comment on its proposal to 
reference section 10 of ANSI/CTA-2037-C for the camera photometer and 
stabilization requirements. DOE also requested comment on its proposal 
to reference section 11.1 of ANSI/CTA-2037-C for the on mode dynamic 
luminance and power measurement. Specifically, DOE requested comment on 
using the brightest preset picture setting measurement with ABC turned 
off for the AEC calculation, regardless of its default setting. Id.
    Additionally, in the NOPR public meeting, DOE discussed that the 
CTA working group was considering specifying certain additional 
requirements for the on mode tests. Specifically, DOE noted that the 
working group was considering specifying that ABC-enabled tests that 
are conducted at each room illuminance level should include a 1-minute 
stabilization period at each room illuminance level. (See Public 
Meeting Transcript, No. 16 at p. 26) DOE additionally noted that for 
preset picture settings with ABC disabled by default, the CTA working 
group was considering replacing the measurement point at 20 percent of 
the maximum backlight level with two measurement points, i.e., the 
minimum backlight level and a second measurement point that is halfway 
between the minimum and default backlight level. (Id. at p. 27) DOE 
also noted that the working group was considering including 
requirements that if the minimum backlight level is too dim to view the 
IEC test clip's countdown timer, the backlight level can be increased 
until the countdown timer is visible. Additionally, the working group 
was considering specifying that if a backlight setting is not 
available, then the backlight is adjusted via the brightness or the 
luminance setting. Id.
    In response to the March 2022 NOPR, CTA et al. commented that DOE 
should adopt the requirements in section 10 of ANSI/CTA-2037-D 
regarding configuration of the camera and stabilization of the TV. CTA 
et al. also commented that DOE should adopt the requirements in section 
11.1 of ANSI/CTA-2037-D regarding on mode testing, including using the 
test results with ABC on for the brightest preset picture setting if 
ABC is on by default, because CTA et al. does not expect consumers to 
manually change the ABC setting when using a TV's brightest preset 
picture setting. (CTA et al., No. 21 at p. 15)
    The CA IOUs recommended that DOE test the brightest SDR preset 
picture setting in the default ABC setting during the on mode test, 
rather than always disabled because the ABC feature reduces power 
consumption and would encourage manufactures to support the ABC feature 
and enable it by default. (CA IOUs, No. 19 at p. 4; Public Meeting 
Transcript, No. 16 at p. 32-33)
    ComEd and NEEA supported testing the brightest preset picture 
setting with ABC disabled to avoid circumvention of the brightest 
preset picture setting test. (ComEd and NEEA, No. 20 at p. 4)
    While CTA et al. and the CA IOUs commented that the on mode power 
consumption of the brightest preset picture setting should be 
determined with ABC enabled, if ABC is enabled by default in the 
brightest preset picture setting, DOE notes that ANSI/CTA-2037-D 
calculates the on mode power consumption of the brightest preset 
picture setting at the ABC disabled measurement point in Annex A of the 
standard. DOE is adopting this approach (as discussed in section III.1 
of this document) because DOE has determined that if the brightest 
preset picture setting is identified with ABC disabled, then, for 
consistency, its representative power consumption in on mode must also 
be measured with ABC disabled. Further, the on mode test requirements 
specified in ANSI/CTA-2037-D state that for preset picture settings 
with ABC enabled, on mode power consumption can be measured at each of 
the room illuminance levels, in addition to the ABC off measurement 
point. Should stakeholders be interested in the power consumption with 
ABC enabled, these values will be determined as part of the test 
procedure, but for the calculation of average on mode power consumption 
and AEC, DOE is specifying that only the ABC off measurement point be 
used for the brightest preset picture setting. Section III.I of this 
document discusses the on mode power consumption and AEC calculations 
for all other preset picture settings and power modes, respectively.
    Section 10 of ANSI/CTA-2037-D specifies the same requirements as 
those specified in section 10 of ANSI/CTA-2037-C for the camera 
configuration and UUT stabilization but additionally specifies that the 
camera photometer must be powered on for at least 30 minutes prior to 
the final camera configuration. Based on its participation in the CTA 
standards development process, DOE understands that this requirement is 
intended to improve repeatability and reproducibility, as the camera 
requires a period of time to ``warm up.''
    Additionally, as discussed during the NOPR public meeting, section 
11.1 of ANSI/CTA-2037-D specifies on mode test requirements, some of 
which are similar to those specified in section 11.1 of ANSI/CTA-2037-C 
while other requirements have been updated to those that were under 
consideration at the time of the NOPR public meeting. Specifically, 
ANSI/CTA-2037-D specifies that the UUT must be stabilized by playing 
the first 5 minutes of the IEC test clip until the average power is 
within 2 percent of the previous run. ANSI/CTA-2037-D additionally 
specifies that for tests conducted with ABC enabled, the UUT shall have 
1 minute to stabilize after the room illuminance level has been 
configured before starting each ABC enabled test. Additionally, all 
preset picture settings are tested at the default backlight level with 
ABC disabled. For preset picture settings with ABC enabled, tests are 
conducted at room illuminance levels of 140 lux, 50 lux, 17 lux, and 4 
lux. For preset picture settings with ABC disabled, tests are conducted 
at the minimum backlight and a backlight level that is approximately 
halfway between default and minimum backlight, as discussed during the 
NOPR public meeting. Finally, ANSI/CTA-2037-D also finalized the 
requirement that if the minimum backlight level is too dim to view the 
IEC test clip's countdown timer, the backlight level can be increased 
until the countdown timer is visible and specifies that if a backlight 
setting is not available, then the backlight is adjusted via the 
brightness or the luminance setting, as discussed during the NOPR 
public meeting.
    Based on its experience with testing TVs, DOE has determined that 
the additional stabilization period specified in ANSI/CTA-2037-D at 
each room illuminance level is crucial for repeatability of test 
results as TVs typically require some time to adjust to changes in room 
illuminance and is not unduly burdensome. DOE also expects the 
clarifications specified regarding how to adjust the backlight level 
will ensure that a TV unit under test is configured consistently during 
testing. Accordingly, for the reasons discussed here and, in the March 
2022 NOPR,

[[Page 16101]]

DOE amends the on mode test to reference sections 10 and 11.1 of ANSI/
CTA-2037-D.
2. Luminance Test
    Section 7.2 of appendix H specifies the procedures for measuring 
the luminance of the UUT by playing the static IEC 3-bar, black-and-
white image and measuring the instantaneous luminance. As discussed, 
ANSI/CTA-2037-C specifies measuring the dynamic luminance concurrently 
with on mode power consumption in each preset picture setting utilizing 
a camera photometer, which provides more representative results 
compared to a single instantaneous luminance. As such, in the March 
2022 NOPR, DOE proposed to reference ANSI/CTA-2037-C for the on mode 
power consumption and dynamic luminance measurement and remove the 
separate luminance test currently specified in section 7.2 of appendix 
H. 87 FR 11892, 11909.
    The CA IOUs recommended that DOE address the significantly reduced 
dynamic luminance values measured using the camera photometer method 
compared to the current Federal test method's spot measurements. The CA 
IOUs also recommended that DOE include luminance measurement using both 
dynamic test clips and the existing 3-bar black-and-white test pattern, 
stating that it is a better representation of peak luminance. (CA IOUs, 
No. 19 at p. 4)
    DOE is aware that the dynamic luminance values are lower than the 
values measured by the instantaneous 3-bar luminance method. This is 
because dynamic luminance measures the luminance of the TV screen when 
playing the test clips, which includes many different scenes with 
movement and images that include a wide range of different colors. 
Whereas, the static 3-bar image displays a static pattern of pure white 
and pure black bars, and screen luminance at the location of the pure 
white bar is measured. The luminance of the static 3-bar image is 
generally greater than the dynamic luminance measurement because pure 
white has the highest luminance compared to any other color. However, 
during representative consumer use, TV screens do not display a static, 
pure-white image. Therefore, even though the dynamic luminance values 
are lower, this measurement is more representative of consumer use. 
Furthermore, the dynamic luminance yields a measurement of power 
consumption that directly corresponds to the luminance of the screen 
during the test. For these reasons, DOE is specifying that dynamic 
luminance be measured concurrently with on mode power consumption in 
lieu of performing a separate static luminance measurement test using 
the static 3-bar image.
    For the reasons discussed here and, in the March 2022 NOPR, DOE is 
finalizing the removal of the luminance test specified in appendix H 
and referencing ANSI/CTA-2037-D for on mode power consumption and 
dynamic luminance measurement.
3. Standby Mode Test
    Section 7.3 of appendix H specifies the procedures for measuring 
the power consumption of TVs in standby mode, which encompasses 
standby-passive mode and standby-active, low mode.
    For conducting these tests, appendix H specifies using the 
methodology prescribed in section 5.3.1 of IEC 62301 Ed. 2.0, which 
states that standby mode power consumption shall be determined using 
one of three methods--sampling method, average reading method, or 
direct meter reading method. Specifically, IEC 62301 Ed. 2.0 specifies 
that the UUT must be energized for not less than 15 minutes; data 
recorded in the second two-thirds of the total test duration is used to 
determine stability. For input powers less than or equal to 1 watt, 
stability is established when a linear regression through all power 
readings for the second two-thirds of the data has a slope of less than 
10 milli-watts per hour (``mW/h''); for input powers of more than 1 
watt, stability is established when a linear regression through all 
power readings for the second two-thirds of the data has a slope of 
less than 1 percent of the measured input power per hour. The test 
duration is extended up to a maximum of 3 hours until the stability 
criteria are met. If stability cannot be achieved within 3 hours, IEC 
62301 Ed. 2.0 specifies assessing the raw data for periodic or cyclic 
patterns to meet different criteria specific to cyclic or irregular 
power consumption patterns. IEC 62301 Ed. 2.0 also specifies additional 
requirements for different scenarios, such as modes with cycle, non-
cyclic, unstable, or irregular power consumption.
    Section 11.2 of ANSI/CTA-2037-C specifies the procedures for 
performing the standby mode test. As part of the overall setup and 
configuration requirements, the UUT is connected to WAN, and up to 
three devices (i.e., smart speaker, mobile device, and network traffic 
generator) are connected to the same LAN, as discussed previously in 
section III.G.6 of this document. Section 11.2 of ANSI/CTA-2037-C 
specifies that the standby-active and standby-passive measurements 
shall be conducted by powering down the UUT from the SDR default preset 
picture setting configuration. After the UUT is powered down, power 
consumption is measured at intervals of 1 second or shorter, and the 
test concludes when the cumulative average of all data points taken in 
the last third of the measurement period falls within  1 
percent or  10 milliwatts (``mW'') of the average of the 
last two-thirds of the total measurement period. The total measurement 
period cannot be less than 60 minutes nor greater than 240 minutes. The 
standby power measurement is the average power reading during the last 
two-thirds of the total measurement period. If a UUT does not meet the 
stability criteria at the end of 240 minutes, ANSI/CTA-2037-C specifies 
reviewing the power trace for any signs of unusual behavior, such as an 
automatic update, and requires repeating the test if atypical behavior 
was observed. Depending on the network capabilities of the UUT, the 
measurement performed during the standby test is recorded as either a 
standby-active mode \19\ measurement or a standby-passive mode \20\ 
measurement.
---------------------------------------------------------------------------

    \19\ Section 5.1 of ANSI/CTA-2037-C defines standby-active mode 
as a partial on mode power mode in which the UUT is connected to an 
external power source and does not provide picture or sound. The UUT 
can be switched into another power mode with the remote control 
unit, an internal signal, or an external signal.
    \20\ Section 5.1 of ANSI/CTA-2037-C defines standby-passive mode 
as a partial on mode power mode in which the UUT is connected to an 
external power source and does not provide picture or sound. The UUT 
can be switched into another power mode with the remote control unit 
or an internal signal, but not with an external signal.
---------------------------------------------------------------------------

    Accompanying the standby mode test, section 9.11 of ANSI/CTA-2037-C 
additionally requires a series of ``wake'' commands to be sent from the 
specified networking devices to the TV to verify that the TV is 
properly connected to the LAN and properly configured to communicate 
with other devices on the network. Section 9.11 of ANSI/CTA-2037-C 
specifies how to wake the TV using three possible wake commands: WbRA, 
WoC, or WbS. To start the test, the UUT is first powered down for 5 
seconds and then powered on via one of the three wake commands 
according to the following hierarchy: WbS if available, otherwise WoC, 
otherwise WbRA (hereafter referred to as the ``5-second check test''). 
The standby test is then performed, as described in the previous 
paragraph. Subsequently, at the end of the standby mode test, the TV 
must be woken using the same hierarchy as was used during the initial 
5-second check test.

[[Page 16102]]

    As discussed in the March 2022 NOPR, the CTA working group was 
considering certain revisions to the test method for measuring power 
consumption in standby mode. The following paragraph enumerates the 
revisions that were under consideration by the working group for the 
standby mode test. 87 FR 11892, 11910.
    First, the CTA working group was considering removing the 
requirement that the UUT must be woken using the smart wake devices at 
the end of the standby mode test. Instead, the 5-second check test is 
performed only once when the UUT is first powered down for 5 seconds. 
If any or all of the configured smart wake features fail the 5-second 
check test, then they must remain configured for the duration of the 
test. Additionally, the working group was considering three different 
parameters to record the standby mode power consumption, depending on 
the level of functionality provided by the UUT in standby mode. For 
UUTs with at least one smart wake feature enabled, the power 
consumption is recorded as ``partial on mode with smart wake enabled.'' 
For UUTs with no advertised or enabled smart wake features, the power 
consumption is recorded as ``partial on mode power with internet 
connection'' and for non-internet connected UUTs, the power consumption 
is recorded as ``partial on mode power without internet connection.'' 
Finally, the working group was considering removing the wake time test 
provisions since this measurement is not repeatable because it is 
dependent on how the TV is woken. Id. In the March 2022 NOPR, DOE 
stated its concerns that if a TV cannot be consistently woken at the 
end of the standby mode test, the measurement would not be 
representative of real-world use. Id.
    Overall, DOE noted in the March 2022 NOPR that in some instances, 
neither the standby mode measurement nor the wake test was repeatable. 
Lacking additional data, DOE proposed to reference the requirement 
specified in ANSI/CTA-2037-C, which specifies that the wake test must 
be performed at the end of the standby mode measurement. Id.
    Specifically, in the March 2022 NOPR, DOE proposed to reference 
section 9.11 of ANSI/CTA-2037-C for the instructions to wake the UUT 
from standby mode using network connected devices, and section 11.2 of 
ANSI/CTA-2037-C to conduct the standby mode test. Specifically, DOE 
proposed that at the end of the standby mode test, the UUT must be 
woken using the smart wake features (as is specified in section 9.11 of 
ANSI/CTA-2037-C) in the following order of preference: WbS, WoC, and 
WbRA. If the UUT can be powered on using any one of these methods, its 
standby mode power should be recorded as ``standby power with smart 
wake enabled.'' However, if the UUT cannot be powered on using any of 
the three specified methods either during the 5-second check test or at 
the end of the standby mode test, the measured standby mode power 
consumption would be recorded as ``standby power with internet 
connection and without smart wake enabled.'' Id.
    Similarly, DOE proposed that if the UUT was powered on during the 
5-second check test but is unable to be powered on via any of the 
network connected devices at the end of the standby mode test, the 
measured power consumption would be recorded as ``standby power with 
internet connection and without smart wake enabled.'' Additionally, TVs 
that do not have network capability would be required to record the 
measured standby power consumption as standby-passive mode measurement. 
Id.
    Additionally, section 11.2 of ANSI/CTA-2037-C specifies that if a 
UUT does not meet the stability criteria at the end of the 240-minute 
measurement period, the tester should review the logged data for any 
signs of unusual behavior--like that associated with the TV performing 
an automatic update--and redo the test if atypical behavior was 
observed. Id. at 87 FR 11910-11911. In the March 2022 NOPR, DOE noted 
that section 11.2 of ANSI/CTA-2037-C did not provide instruction for 
how to proceed if review of the logged data does not show any signs of 
unusual behavior. Id. at 87 FR 11911.
    DOE additionally stated in the March 2022 NOPR that, during 
testing, it had observed that some TVs do not meet the stability 
criteria after 240 minutes despite not exhibiting any unusual behavior.
    To accommodate TVs that do not achieve stability after the end of 
the specified 240-minute measurement period, DOE proposed in the March 
2022 NOPR that the stability requirement be waived if the full 240 
minutes conclude without meeting the stability criteria. In such cases, 
DOE proposed that the average power during the last two-thirds of the 
measurement period would be recorded as the standby-active mode 
measurement. Id.
    Finally, section 11.2 of ANSI/CTA-2037-C includes instruction to 
measure the wake time when performing the wake procedure following 
completion of the standby mode test. In the March 2022 NOPR, DOE noted 
that the CTA working group was evaluating whether the wake time test 
should be eliminated from ANSI/CTA-2037-D. DOE proposed to exclude the 
measurement of wake time from the DOE test procedure, because DOE 
tentatively concluded that ``wake time'' is a performance-related 
feature that does not impact the energy consumption of the UUT. Id.
    DOE requested comment on several topics pertaining to the standby 
mode test requirements in the March 2022 NOPR. DOE requested 
stakeholders to provide any additional data and information regarding 
the repeatability of the standby mode test when connected to smart wake 
functions, the ability to consistently wake the UUT using smart wake 
functionality, and the representativeness of the standby mode test, if 
a wake test is not included at the end of the standby mode duration. 
Id. at 87 FR 11910.
    DOE also requested comment on its proposal to reference section 
11.2 of ANSI/CTA-2037-C to measure the power consumption in standby 
mode with some additional specifications. DOE also requested comment on 
its proposal to reference section 9.11 of ANSI/CTA-2037-C for 
conducting the wake tests at the completion of standby mode. 
Additionally, DOE requested comment on the revisions that are under 
consideration for the standby mode test by the CTA working group. Id.
    DOE also requested comment on whether it is appropriate to 
differentiate the standby mode power consumption of TVs that can be 
powered on using any of the three specified methods versus those that 
cannot be powered on using the smart wake features. DOE also requested 
comment on whether there would be any benefit to differentiating 
between the power consumption of such TVs. DOE requested comment on 
whether the parameters ``standby smart wake'' and ``standby internet'' 
are appropriate or if it should consider other parameters, such as 
``standby-active, high'' and ``standby-active, low,'' respectively. Id.
    Finally, for TVs that do not meet the stability criteria of the 
standby mode measurement, DOE requested comment on measuring power 
consumption for 240 minutes and using the average power consumption 
over the last two-thirds of the measurement period as the standby-
active mode measurement. Id. at 87 FR 11911.
    In the NOPR public meeting, NEEA and PCL presented standby mode 
test data to support reducing the standby mode test time. Specifically, 
NEEA and PCL presented data showing that most TVs achieved stability 
within 40

[[Page 16103]]

minutes and recommended reducing the minimum test time from 60 minutes 
to 40 minutes. (Public Meeting Transcript, No. 16 at p. 61-63) NEEA and 
PCL additionally agreed with DOE's proposal to not retest a unit if it 
does not meet the stability criteria at the end of the 240-minute test 
duration. (Public Meeting Transcript, No. 16 at p. 64)
    In response to the March 2022 NOPR, ASAP et al. encouraged DOE to 
monitor standby testing results to ensure that standby power 
measurements are both repeatable and representative and encouraged DOE 
to consider any necessary modifications to the standby testing methods 
as part of a future rulemaking. (ASAP et al., No. 18 at p. 2) ComEd and 
NEEA stated that ANSI/CTA-2037-D addresses the significant increase in 
energy consumption driven by smart wake features and, therefore, 
supported the adoption of ANSI/CTA-2037-D in the DOE test method. 
(ComEd and NEEA, No. 20 at p. 2)
    CTA et al. stated they are not aware of any issues related to the 
repeatability of the standby mode test when connected to smart wake 
functions, the ability to consistently wake the UUT using smart wake 
functionality, or the representativeness of the standby mode test when 
a wake test is not included at the end of the standby mode duration. 
(CTA et al., No. 21 at pp. 15-16)
    CTA et al. commented that DOE should adopt the test procedure for 
measuring standby power described in section 11.2 of ANSI/CTA-2037-D. 
CTA et al. stated that DOE should not require that wake tests be 
conducted at the completion of standby mode tests because the quick 
start test specified in section 9.11 of ANSI/CTA-2037-D runs a wake 
time test and this test is completed before standby mode and on mode 
testing because quick start is configured for these tests. (Id. at p. 
16)
    CTA et al. recommended that DOE adopt ANSI/CTA-2037-D, including 
the revisions made to the standby mode test. CTA et al. also stated 
that these revisions shorten the minimum test period and widen the 
tolerance used to determine if standby power consumption is stable. 
(Id.) CTA et al. additionally commented that DOE should adopt the 
requirement in Annex B of ANSI/CTA-2037-D that the smart wake 
capability of the TV be reported along with its standby power, 
asserting that this would help consumers compare between TVs. CTA et 
al. commented that DOE should include the parameters specified in ANSI/
CTA-2037-D to define the measured standby power. These include 
``standby with smart wake enabled,'' ``standby with internet 
connection,'' or ``standby without internet connection.'' (Id.)
    CTA et al. also commented that using the average power consumption 
of the last two-thirds of the measurement period in cases where the 
required stability was not achieved is appropriate but that at the time 
of filing comments, the CTA working group had not yet addressed this 
topic. (Id. at pp. 16-17)
    ComEd and NEEA agreed with the exclusion of the wake time test 
because, according to ComEd and NEEA, the test is problematic, time 
consuming, and could yield misleading results. (ComEd and NEEA, No. 20 
at p. 4).
    The CA IOUs recommended that DOE include a wake time measurement as 
specified in ANSI/CTA-2037-C to encourage consumer adoption of smart 
wake features. (CA IOUs, No. 19 at p. 4)
    Section 11.2 of ANSI/CTA-2037-D specifies some updates to conduct 
the standby mode measurement compared to section 11.2 of ANSI/CTA-2037-
C. As noted by CTA et al., ANSI/CTA-2037-D widens the tolerance to 
determine if standby power consumption is stable from  1 
percent or  10 mW to  1 percent or  
50 mW, whichever is greater. Given that the measured standby mode power 
consumption of many TVs is 1 watt or less, DOE does not expect this 
change to significantly impact measured results; additionally, it is 
likely to reduce test burden for units that have generally stable 
standby mode power consumption.
    Further, ANSI/CTA-2037-D reduces the shortest total measurement 
period from 60 minutes to 40 minutes, as recommended by NEEA and PCL 
during the NOPR public meeting and by CTA et al. in its comments. This 
requirement does not change the measured standby power; rather, it only 
reduces the test duration for TVs that achieve stability prior to 60 
minutes, thereby reducing test burden.
    Additionally, ANSI/CTA-2037-D aligns with DOE's proposal in the 
March 2022 NOPR to not retest a unit if it does not achieve the 
specified stability requirements at the end of the standby mode test. 
Specifically, ANSI/CTA-2307-D specifies that if the stability criteria 
is not achieved at 240 minutes, which is the end of the standby mode 
measurement period, then the data collected shall be used for 
determining average power, as if the UUT had met the stability criteria 
at the 240th minute. In this final rule, DOE is adopting section 11.2 
of ANSI/CTA-2037-D for the standby mode test conduct.
    Similar to ANSI/CTA-2037, accompanying the standby mode test, 
section 9.9 of ANSI/CTA-2037-D specifies the smart wake functionality 
that must be configured during both on mode and standby mode tests. 
While the general smart wake configuration requirements between ANSI/
CTA-2037-C and ANSI/CTA-2037-D are the same, ANSI/CTA-2037-D removes 
the wake test at the end of the standby mode test, which DOE had 
proposed to include in the March 2022 NOPR. However, as discussed in 
section III.G.6 of this document, section 9.9 of ANSI/CTA-2037-D 
explains that testers should confirm that they understand how to 
configure smart wake features to persist throughout the entire standby 
mode test period for all UUT brands or platforms that are tested. The 
requirements in section 9.9 of ANSI/CTA-2037-D generally ensure that 
testing is conducted in the same environment as that specified in ANSI/
CTA-2037-C.
    Additionally, as proposed in the March 2022 NOPR, ANSI/CTA-2037-D 
specifies three different parameters to record standby mode power 
consumption, depending on the level of functionality provided by the 
UUT in standby mode. For UUTs with at least one advertised smart wake 
feature, the power consumption is recorded as ``standby with smart wake 
enabled.'' This label is even used for those TVs that may not be able 
to wake using smart wake features because, as discussed in section 9.9 
of ANSI/CTA-2037-D, this connection is maintained during both on mode 
and standby mode. For UUTs with no advertised or enabled smart wake 
features, the power consumption is recorded as ``standby with internet 
connection'' and for non-internet connected UUTs, the power consumption 
is recorded as ``standby without internet connection.'' In this final 
rule, DOE is adopting section 9.9 of ANSI/CTA-2037-D for the smart wake 
features configuration and setup.
    Finally, ANSI/CTA-2037-D does not include the wake time test. DOE 
is also not including the wake time test in this final rule because 
``wake time'' is a performance related feature that does not impact the 
energy consumption of the UUT.
    Although ANSI/CTA-2037-D does not reference IEC 62301 Ed. 2.0, the 
standby power measurement procedure is consistent with the method 
outlined in section 5.3 of IEC 62301 Ed. 2.0, with the stability 
requirements adjusted specifically for TVs and an additional 
specification for minimum and maximum test duration based on expected 
TV behavior. Accordingly, DOE has determined that the standby power 
test method specified in ANSI/CTA-2037-D is consistent with EPCA's

[[Page 16104]]

requirement under 42 U.S.C. 6295(gg)(2)(A) which specifies that DOE 
must consider the most current versions of IEC 62301 and IEC 62087 for 
the standby power requirements. Therefore, in this final rule DOE 
amends the standby mode requirements in appendix H to sections 9.9 and 
11.2 of ANSI/CTA-2037-D.
4. Off Mode Test
    Section 7.4 of appendix H references IEC 62301 Ed. 2.0 for 
measuring the off mode power consumption of TVs. In the March 2022 
NOPR, DOE stated that while ANSI/CTA-2037-C specifies the same 
methodology to measure off mode power consumption as that specified for 
standby mode, the CTA working group was considering removing the off 
mode test. 87 FR 11892, 11911.
    In the March 2022 NOPR, DOE proposed removing the existing off mode 
test specified in appendix H because TVs generally do not have an off 
mode that is distinct from standby mode. Id. DOE noted that even when a 
TV is powered off using a remote, it typically has some functionality 
operational to be able to receive a signal from the remote control or 
other device to turn back on, which meets the definition of standby 
mode rather than off mode. Id. In the March 2022 NOPR, DOE requested 
comment on its proposal to remove the off mode test from appendix H.
    CTA et al. agreed that an off mode test was not necessary and 
stated that ANSI/CTA-2037-D does not include such a test. (CTA et al., 
No. 21 at p. 17)
    For the reasons discussed here and, in the March 2022 NOPR, DOE is 
removing the off mode test from appendix H.

I. Calculation of Annual Energy Consumption

    Section 8 of appendix H specifies the calculation and rounding 
requirements for AEC using the on and standby mode power consumption 
measurements. ANSI/CTA-2037-C does not contain an equivalent section 
for the calculation of AEC. Therefore, in the March 2022 NOPR, DOE 
proposed to retain the current AEC calculation requirements in appendix 
H but proposed certain modifications consistent with the proposed 
amendments to the on mode, standby mode, and off mode tests. 87 FR 
11892, 11911.
    In the March 2022 NOPR, DOE proposed that the average on mode power 
consumption be calculated as the average of the on mode power in the 
three preset picture settings: SDR default, SDR brightest, and HDR10 
default. If ABC is enabled for the SDR or HDR10 default preset picture 
settings, the power consumption at each of the four room illuminance 
levels would be used to determine the average power consumption of the 
preset picture setting. The equations below detail the calculation of 
on mode power consumption and AEC proposed in the March 2022 NOPR. The 
calculation of AEC is different from the current calculation in 
appendix H primarily in the value used for POn. Given that 
appendix H specifies testing only the default preset picture setting in 
on mode, POn reflects the average power consumption in that 
default preset picture setting. However, in the March 2022 NOPR, DOE 
proposed testing three preset picture settings for on mode power 
consumption; therefore, POn would be the average of the 
power consumption in the tested preset picture settings. Id.

Pon = (PDefault +PBrightest 
+PHDR10)/3

Where:

PDefault = the measured average power consumption in the 
default SDR preset picture setting, if ABC is disabled

Or

PDefault = (PDefault_140 + 
PDefault_50 + PDefault_17 + 
PDefault_4)/4

if ABC is enabled by default in the default SDR preset picture setting 
and, PDefault_140, PDefault_50, 
PDefault_17, and PDefault_4 are the average power 
consumption values at room illuminance levels of 140, 50, 17, and 4 
lux, respectively
PBrightest = the measured average power consumption in the 
brightest SDR preset picture setting

PHDR10 = the measured average power consumption in the 
default HDR10 preset picture setting, if ABC is disabled

Or

PHDR10 = (PHDR10_140 + PHDR10_50 + 
PHDR10_17 + PHDR10_4)/4

if ABC is enabled by default in the default HDR10 preset picture 
setting and, PHDR10_140, PHDR10_50, 
PHDR10_17, and PHDR10_4 are the average power 
consumption values at room illuminance levels of 140, 50, 17, and 4 
lux, respectively

    For standby mode, DOE proposed to retain the same hours per day 
spent in standby mode, but instead of standby-active and standby-
passive, as currently specified in appendix H, DOE proposed to use 
standby power with smart wake, standby power with internet connection, 
and standby-passive, corresponding to the parameters DOE proposed in 
the March 2022 NOPR. Id. DOE chose to use these parameters because 
standby-active does not encompass the multiple different standby states 
that modern TVs have.
    Additionally, in the March 2022 NOPR, DOE proposed to retain the 
AEC equation currently specified in appendix H but to remove the off 
mode parameter. Given that the current AEC equation assigns 0 hours to 
off mode, DOE proposed to retain the same weighting factors for on and 
standby modes.
    The AEC equation proposed in the March 2022 NOPR is presented 
below:

AEC = 365 * (Pon * Hon + 
Pstandby_smart_wake * Hstandby_smart_wake + 
Pstandby_internet * Hstandby_internet + 
Pstandby_passive * Hstandby_passive)/1000
Where:

Pm = power measured in a given mode m (in watts)
Hm = hours per day spent in mode m
365 = conversion factor from daily to yearly
1000 = conversion factor from watts to kilowatts

    And values for Hm are as specified in Table III.2. Id.

                                                             Table III.2--Hourly Weightings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Hon         Hstandby_smart_wake      Hstandby_internet      Hstandby_passive
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standby smart wake................................................               5                   19                       0                     0
Standby internet..................................................               5                    0                      19                     0
Standby-passive...................................................               5                    0                       0                    19
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In the NOPR public meeting, DOE additionally clarified that it 
proposed to include similar equations for calculating average dynamic 
luminance as the equations for calculating on mode power consumption. 
(Public Meeting Transcript, No. 16 at p. 47) DOE additionally clarified 
that the on mode power consumption is an average of the

[[Page 16105]]

power consumption values for the tested preset picture settings. That 
is, if a TV does not support HDR10 and is not tested in the HDR10 
default preset picture setting, then the on mode power consumption 
would be the average of the default and brightest preset picture 
settings. (Id. at p. 32)
    In the March 2022 NOPR, DOE requested comment on its proposed 
calculations for the average on mode power consumption and AEC. 87 FR 
11892, 11912.
    The CA IOUs recommended that DOE consider adopting a weighted 
luminous efficacy metric to show consumers how efficiently a TV 
converts power into luminance. (CA IOUs, No. 19 at p. 2; Public Meeting 
Transcript, No. 16 at p. 45) The CA IOUs also recommended a weighted 
average for the on mode power consumption and provided data from a 
market survey of 100 California residents that showed that 26 percent 
of TV operating hours were in the standard preset picture setting and 
48 percent of TV operating hours were in the non-standard preset 
picture setting (i.e., vivid/dynamic, natural, game, custom/calibrated/
user, other), which usually have brighter displays.\21\ Based on a 
market survey they conducted, the CA IOUs recommended setting the 
weight factors for luminance efficacy at 25 percent for standard preset 
picture setting, 50 percent for brightest preset picture setting, and 
25 percent for HDR preset picture setting. (CA IOUs, No. 19 at p. 2)
---------------------------------------------------------------------------

    \21\ It is DOE's understanding that ``standard preset picture 
setting'' refers to the default preset picture setting and ``non-
standard preset picture setting'' refers to all other preset picture 
settings on the TV.
---------------------------------------------------------------------------

    CTA et al. commented that DOE should adopt the requirement in Annex 
B of ANSI/CTA-2037-D, which specifies the same AEC calculation as that 
provided in the March 2022 NOPR. (CTA et al., No. 21 at p. 17)
    In this final rule, DOE has determined not to specify a luminous 
efficacy metric. DOE has determined that a luminous efficacy metric 
would not easily accommodate the combining of on mode power consumption 
and standby mode power consumption into a single integrated metric, as 
required by EPCA if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) 
Additionally, use of a luminous efficacy metric may not encourage the 
use of ABC, which reduces power consumption during representative 
consumer use, because the luminous efficacy of a TV with or without ABC 
enabled would likely be the same. This could have the unintended 
consequence of increasing overall TV energy consumption. Accordingly, 
DOE is specifying an AEC metric and dynamic luminance metric, as 
discussed.
    Additionally, DOE is specifying a simple average to calculate on 
mode power consumption as opposed to a weighted average, as recommended 
by the CA IOUs. At this time, it is not explicitly clear if the non-
default preset picture settings specified by the CA IOUs do in fact 
consume more power compared to the default preset picture setting 
(which the brightest preset picture setting is expected to do). In the 
absence of any additional data regarding power consumption of the non-
default SDR preset picture settings as well as consumer usage of HDR10 
preset picture settings, DOE is adopting the simple average calculation 
for on mode power consumption and dynamic luminance.
    Finally, as noted by CTA et al., Annex A \22\ of ANSI/CTA-2037-D 
includes the same equations to calculate average on mode power 
consumption and AEC as those proposed by DOE in the March 2022 NOPR. 
Additionally, Annex A of ANSI/CTA-2037-D includes an equation to 
calculate dynamic luminance, which is the same equation as that 
specified to calculate average on mode power consumption using dynamic 
luminance values for each preset picture setting.
---------------------------------------------------------------------------

    \22\ While CTA et al. referenced Annex B in its comments, the 
calculations are specified in Annex A of ANSI/CTA-2037-D.
---------------------------------------------------------------------------

    In this final rule, DOE amends the AEC calculation in appendix H, 
to reference Annex A of ANSI/CTA-2037-D.

J. Updates to the Regulatory Text at Appendix H

    In the March 2022 NOPR, DOE's proposed amendments to appendix H in 
the CFR referenced ANSI/CTA-2037-C while retaining the overall 
structure and headings from the current appendix H. 87 FR 11892, 11919-
11921.
    CTA et al. recommended that DOE delete appendix H and revise 10 CFR 
430.23 to reference only ANSI/CTA-2037-D. (CTA et al., No. 21 at p. 6) 
CTA et al. also commented that DOE should include section 6 of ANSI/
CTA-2037D and the introductory texts in the relevant sections of ANSI/
CTA-2037-D. (CTA et al., No. 21 at p. 8)
    As discussed in the preceding sections, DOE is amending appendix H 
to replace the current regulatory text and reference the relevant 
sections of ANSI/CTA-2037-D in its place. Accordingly, in this final 
rule, DOE is modifying the overall structure of appendix H to simplify 
the references to ANSI/CTA-2037-D and to better match the structure of 
ANSI/CTA-2037-D. Additionally, because ANSI/CTA-2037-D does not 
explicitly specify the rounding requirements for standby mode power 
consumption and dynamic luminance, DOE is specifying these requirements 
in section 4 of appendix H.

K. Test Procedure Costs

    In this final rule, DOE amends the existing test procedure for TVs 
by referencing ANSI/CTA-2037-D to measure on mode dynamic screen 
luminance and power consumption as well as standby mode power 
consumption. ANSI/CTA-2037-D has several differences in testing TVs 
compared to the current test method at appendix H. Key differences 
include testing three preset picture settings as opposed to a single 
default picture setting; measuring dynamic screen luminance over the 
entire duration of the test clip using a camera photometer at the same 
time as on mode power consumption measurement; using an LED lamp setup 
at an angle of 45[deg] for testing TVs with ABC enabled by default; 
and, testing on and standby mode with an active internet connection 
(i.e., WAN) and additionally connecting the TV to other devices on LAN 
to wake the TV from standby mode to on mode.
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The following sections 
discuss DOE's evaluation of estimated costs associated with the 
amendments.
    Given the new equipment, setup, and testing requirements specified 
in ANSI/CTA-2037-D, DOE estimated that TV testing would have a one-time 
equipment investment cost, a one-time re-testing cost, and additional 
annual testing costs for the TVs covered by the amended test procedure.
    To determine the potential costs manufacturers would incur due to 
the amended test procedure, DOE used data from DOE's publicly available 
Compliance Certification Database (``CCD'') to estimate the number of 
unique basic models that are currently covered by the existing DOE test 
procedure. Based on data from DOE's CCD,\23\ DOE estimated there are 
approximately 4,285 unique basic models currently on the market. DOE 
also estimated the amount of time it would take manufacturers to test a 
single TV unit to the amended test

[[Page 16106]]

procedure, as well as the amount of time it currently takes 
manufacturers to test a single TV unit to the existing DOE test 
procedure. In the March 2022 NOPR, DOE estimated that the existing DOE 
test procedure requires an average of 2.9 hours to conduct (ranging 
from 2.6 to 3.1 hours, depending on the specific features of the TV), 
whereas the proposed test procedure, which referenced ANSI/CTA-2037-C, 
would require an average of 4.4 hours to conduct (ranging from 3.3 to 
5.3 hours). 87 FR 11892, 11912
---------------------------------------------------------------------------

    \23\ U.S. Department of Energy's Compliance Certification 
Database. Television Sets. See https://www.regulations.doe.gov/certification-data/CCMS-4-Television_Sets.html#q=Product_Group_s%3A%22Television%20Sets%22. 
Last accessed on November 11, 2022.
---------------------------------------------------------------------------

    In response to the March 2022 NOPR, CTA et al. commented that, 
compared to the existing method for measuring TV power consumption, 
ANSI/CTA-2037-D requires new equipment and more time for conducting the 
test. CTA et al. also commented they have not found the changes to be 
unduly burdensome, especially given that ANSI/CTA-2037-D reasonably and 
more accurately reflects modern TV products and their energy use. (CTA 
et al., No. 21 at p. 17)
    The amended test procedure references ANSI/CTA-2037-D, which is 
largely the same as ANSI/CTA-2037-C that was proposed in the March 2022 
NOPR. ANSI/CTA-2037-D specifies a 1-minute stabilization period for on 
mode ABC testing, which would increase test duration. However, ANSI/
CTA-2037-D also eliminates the wake time test and decreases the minimum 
standby test duration compared to ANSI/CTA-2037-C. These updates are 
expected to, on balance, not substantively alter the overall test 
duration compared to the estimates provided in the March 2022 NOPR. 
Accordingly, DOE's test procedure cost estimates for this amended test 
procedure are the same as those initially estimated in the March 2022 
NOPR, updated to reflect current wages and rates, as well as additional 
models from the CCD.
    Based on data from the Bureau of Labor Statistics' (``BLS's'') 
Occupational Employment and Wage Statistics, the mean hourly wage for 
an electronics technician is $33.21.\24\ Additionally, DOE used data 
from BLS's Employer Costs for Employee Compensation to estimate the 
percentage that wages comprise of the total compensation for an 
employee. DOE estimated that wages make up 70.5 percent of the total 
compensation for private industry employees.\25\ Therefore, DOE 
estimated that the total hourly compensation (including all fringe 
benefits) of a technician performing the testing is $47.11.\26\ Using 
these labor rates and time estimates, DOE estimated that it would cost 
TV manufacturers on average approximately $205.87 to conduct a single 
test on a TV unit in accordance with the amended test procedure.\27\ 
DOE estimated that this is, on average, approximately $70.19 more than 
TV manufacturers are incurring to conduct a single test on a TV in 
accordance with the existing DOE test procedure.\28\
---------------------------------------------------------------------------

    \24\ DOE used the mean hourly wage of the ``17-3023 Electrical 
and Electronic Engineering Technologists and Technicians'' from the 
most recent BLS Occupational Employment and Wage Statistics (May 
2021) to estimate the hourly wage rate of a technician assumed to 
perform this testing. See www.bls.gov/oes/current/oes173023.htm. 
Last accessed on November 10, 2022.
    \25\ DOE used the June 2022 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.5 percent of the total employee 
compensation. See www.bls.gov/news.release/pdf/ecec.pdf. Last 
accessed on November 10, 2022.
    \26\ $33.21 / 0.705 = $47.11.
    \27\ 4.37 hours x $47.11 = $205.87.
    \28\ $205.87 - (2.88 hours x $47.11) = $70.19.
---------------------------------------------------------------------------

    TV manufacturers are required to test at least two units per basic 
model. Therefore, DOE estimates that it would cost manufacturers 
approximately $411.64 per basic model to test in accordance with the 
amended test procedure, which is on average approximately $140.38 more 
per basic model than TV manufacturers are currently incurring to test a 
TV basic model.
    In addition to these testing costs, DOE assumed that manufacturers 
would need to purchase camera photometers to conduct the amended test 
procedure. DOE estimated that a camera photometer costs approximately 
$10,000.
    The burden associated with amending appendix H to reference ANSI/
CTA-2037-D is necessary in order to update the test procedure to the 
industry standard, which measures both power and luminance 
simultaneously while connected to a representative network.
    In this final rule, DOE finalizes its determination that the 
changes in test duration and cost due to the amendments adopted in the 
final rule are not unduly burdensome.

L. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    EPCA provides an allowance for individual manufacturers to petition 
DOE for an extension of the 180-day period if the manufacturer may 
experience undue hardship in meeting the deadline. (42 U.S.C. 
6293(c)(3)) To receive such an extension, petitions must be filed with 
DOE no later than 60 days before the end of the 180-day period and must 
detail how the manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final

[[Page 16107]]

regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. As required by Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 
67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    DOE has recently conducted a focused inquiry into small business 
manufacturers of the products covered by this rulemaking. For 
manufacturers of TVs, the Small Business Administration (``SBA'') has 
set a size threshold, which defines those entities classified as 
``small businesses'' for the purposes of the statute. DOE used the 
SBA's small business size standards to determine whether any small 
entities would be subject to the requirements of the rule. (See 13 CFR 
part 121.) The size standards are listed by North American Industry 
Classification System (``NAICS'') code and industry description and are 
available at www.sba.gov/document/support--table-size-standards. 
Manufacturing TVs is classified under NAICS 334220, ``radio and 
television broadcasting and wireless communications equipment 
manufacturing.'' The SBA sets a threshold of 1,250 employees or fewer 
for an entity to be considered as a small business for this category.
    DOE used available public information to identify potential small 
manufacturers. DOE accessed the Compliance Certification Database \29\ 
to create a list of companies that import or otherwise manufacture the 
products covered by this proposal. DOE identified 33 unique companies 
that manufacture TVs sold in the domestic market. DOE screened out 
companies that do not meet the SBA definition of a small business and 
also those that are entirely or largely foreign-owned and operated. All 
33 companies have more than 1,250 employees or are owned and operated 
outside the United States.
---------------------------------------------------------------------------

    \29\ U.S. Department of Energy Compliance Certification 
Management System, available at www.regulations.doe.gov/ccms.
---------------------------------------------------------------------------

    Therefore, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of a 
FRFA is not warranted. DOE has submitted a 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

    Manufacturers of TVs must certify to DOE that their products comply 
with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including TVs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    There is currently no energy conservation standard for TVs. As 
such, the amended test procedure adopted by this final rule does not 
establish a reporting requirement. In the event that DOE proposes an 
energy conservation standard for TVs with which manufacturers must 
demonstrate compliance, DOE will seek OMB approval of the associated 
information collection requirement. DOE will seek approval either 
through a proposed amendment to the information collection requirement 
approved under OMB control number 1910-1400 or as a separate proposed 
information collection requirement.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for TVs. DOE has determined that this rule falls 
into a class of actions that are categorically excluded from review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 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 carefully assess 
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 the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE examined this final rule and determined 
that it will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the

[[Page 16108]]

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 products that are the 
subject of this final rule. States can petition DOE for exemption from 
such preemption to the extent, and based on criteria, set forth in 
EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive 
Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (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 Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one 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), (b)) The UMRA also 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,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will 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

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule 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

    Executive Order 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 significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 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 OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it will not have a significant adverse 
effect on the supply, distribution, or use of energy, nor has it been 
designated as a significant energy action by the Administrator of OIRA. 
Therefore, it is not a significant energy action, and, accordingly, DOE 
has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of

[[Page 16109]]

proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(``FTC'') concerning the impact of the commercial or industry standards 
on competition.
    The modifications to the test procedure for TVs adopted in this 
final rule incorporate testing methods contained in certain sections of 
the following commercial standard: ANSI/CTA-2037-D. DOE has evaluated 
this standard and is unable to conclude whether it fully complies with 
the requirements of section 32(b) of the FEAA (i.e., whether it was 
developed in a manner that fully provides for public participation, 
comment, and review.) DOE has consulted with both the Attorney General 
and the Chairman of the FTC about the impact on competition of using 
the methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    ANSI/CTA-2037-D is an industry accepted test standard that measures 
on mode and standby mode TV power consumption. Specifically, the test 
procedure codified by this final rule references ANSI/CTA-2037-D for 
testing the on mode and standby mode of TVs. ANSI/CTA-2037-D is 
reasonably available from CTA (www.cta.tech).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Energy conservation, 
Household appliances, Intergovernmental relations, Reporting and 
recordkeeping requirements, Small businesses.

10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on February 
21, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on February 22, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
430 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Amend Sec.  429.25 by revising paragraphs (a)(2)(ii) and 
(a)(2)(iii)(A) and (B) to read as follows:


Sec.  429.25   Television sets.

    (a) * * *
    (2) * * *
    (ii) Any represented annual energy consumption of a basic model 
shall be determined by applying the AEC calculation in section 4 of 
appendix H to subpart B of part 430 of this chapter to the represented 
values of power consumption as calculated pursuant to paragraph 
(a)(2)(i) of this section.
    (iii) * * *
    (A) For power consumption in the on and standby modes, the 
represented value shall be rounded according to the requirements 
specified in sections 4.1 and 4.3 of appendix H to subpart B of part 
430 of this chapter.
    (B) For annual energy consumption, the represented value shall be 
rounded according to the requirements specified in section 3.4 of 
appendix H to subpart B of part 430 of this chapter.
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
4. Amend Sec.  430.3 by:
0
a. Redesignating paragraphs (n) through (w) as paragraphs (o) through 
(x), respectively;
0
b. Adding new paragraph (n);
0
c. Removing newly redesignated paragraph (q)(5) and redesignating 
paragraphs (q)(6) through (10) as paragraphs (q)(5) through (9), 
respectively; and
0
d. In newly redesignated paragraph (q)(6), removing the text ``G, H, 
I'' and adding in its place ``G, I''.
    The addition reads as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (n) CTA. Consumer Technology Association, 1919 S. Eads Street, 
Arlington, VA 22202; 703-907-7600; www.cta.tech.
    (1) ANSI/CTA-2037-D, Determination of Television Set Power 
Consumption, September 2022; IBR approved for appendix H to subpart B.
    (2) [Reserved]
* * * * *

0
5. Amend Sec.  430.23 by revising paragraph (h) to read as follows:


Sec.  430.23   Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (h) Television sets. The power consumption of a television set, 
expressed in watts, including on and standby modes, shall be determined 
in accordance with sections 3 and 4 of appendix H of this subpart 
respectively. The annual energy consumption, expressed in kilowatt-
hours per year, shall be determined in accordance with section 4 of 
appendix H of this subpart.
* * * * *

0
6. Revise Appendix H to subpart B of part 430 to read as follows:

Appendix H to Subpart B of Part 430--Uniform Test Method for Measuring 
the Power Consumption of Television Sets

    Note:  On or after April 14, 2023 and prior to September 11, 
2023, any representations made with respect to the energy use or

[[Page 16110]]

energy efficiency of a television must be based upon results 
generated under this appendix as it appeared in 10 CFR part 430 
edition revised as of January 1, 2023, or this appendix. Beginning 
September 11, 2023 any representations made with respect to the 
energy use or efficiency of a television must be based upon results 
generated under this appendix. Given that beginning September 11, 
2023, representations with respect to the energy use or efficiency 
of televisions must be made in accordance with tests conducted 
pursuant to this appendix, manufacturers may wish to begin using 
this test procedure as soon as possible.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, ANSI/CTA-2037-D in 
its entirety. However, only enumerated provisions of ANSI/CTA-2037-D 
are applicable to this appendix, as follows:

0.1 ANSI/CTA-2037-D

    (a) Section 5 as referenced in section 2 of this appendix;
    (b) Sections 6 and 8 through 11 as referenced in section 3 of 
this appendix;
    (c) Section 7 as referenced in sections 3 and 4 of this 
appendix; and
    (d) Annex A as referenced in section 4 of this appendix.

0.2 [Reserved]

1. Scope

    This appendix covers the test requirements used to measure the 
energy and power consumption of television sets that have a diagonal 
screen size of at least fifteen inches; and are powered by mains 
power (including TVs with auxiliary batteries but not TVs with main 
batteries).

2. Definitions and Symbols

    2.1. Definitions. The following terms are defined according to 
section 5.1 of ANSI/CTA-2037-D.

(a) Annual energy consumption
(b) Automatic brightness control
(c) Brightest selectable picture setting
(d) Default preset picture setting
(e) Dynamic Luminance
(f) Energy-Efficient-Ethernet
(g) Filmmaker Mode
(h) Forced menu
(i) Gloss Unit (GU)
(j) HDR10
(k) High Dynamic Range
(l) Home configuration
(m) Hybrid Log Gamma (HLG)
(n) Illuminance
(o) International System of Units
(p) Luminance
(q) Main battery
(r) Motion-Based Dynamic Dimming
(s) Neutral density filter
(t) Off Mode
(u) On Mode
(v) Perceptual Quantization Video
(w) Preset picture setting
(x) Quick start
(y) Retail Configuration
(z) Snoot
(aa) Software
(ab) Wake-By-Remote-Control-App
(ac) Wake-By-Smart-Speaker
(ad) Wake-On-Cast

    2.2. Symbol usage. The symbols and abbreviations in section 5.2 
of ANSI/CTA-2037-D apply to this test procedure.

3. Test Conduct

    Determine the dynamic luminance and on mode and standby mode 
power consumption of TVs by following the procedure specified in 
sections 6 through 11 of ANSI/CTA-2037-D.

4. Calculation of Measured Values

    Calculate the on mode power consumption, dynamic luminance, 
standby mode power consumption, and annual energy consumption as 
specified in Annex A of ANSI/CTA-2037-D. The following additional 
requirements are also applicable.
    4.1. Round on mode power value as specified in Annex A of ANSI/
CTA-2037-D.
    4.2. Round dynamic luminance to the nearest tenth.
    4.3. Round standby mode power as specified in section 7.1.2 of 
ANSI/CTA-2037-D.
    4.4. Round annual energy consumption as specified in Annex A of 
ANSI/CTA-2037-D.

[FR Doc. 2023-03986 Filed 3-14-23; 8:45 am]
BILLING CODE 6450-01-P