[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Proposed Rules]
[Pages 79649-79650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31275]



10 CFR Part 430

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

Energy Conservation Program: Proposed Determination of Set-Top 
Boxes and Network Equipment as a Covered Consumer Product

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

ACTION: Proposed determination; withdrawal.


SUMMARY: The U.S. Department of Energy (DOE) withdraws a proposed 
determination published June 15, 2011 that set-top boxes (STBs) and 
network equipment qualify as a covered product under Part A of Title 
III of the Energy Policy and Conservation Act (EPCA), as amended. DOE 
is taking this action in light of a consensus agreement entered by a 
broadly representative group that DOE believes has the potential to 
achieve significant energy savings in STBs.

DATES: The proposed determination is withdrawn December 31, 2013.

    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: [email protected].


I. Authority

    Title III of EPCA (42 U.S.C. 6291, et seq.) sets forth a variety of 
provisions designed to improve energy efficiency. Part A of Title III 
of EPCA (42 U.S.C. 6291-6309) established the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles,'' which covers 
consumer products and

[[Page 79650]]

certain commercial products (hereafter referred to as ``covered 
products'').\1\ In addition to specifying a list of covered residential 
and commercial products, EPCA contains provisions that enable the 
Secretary of Energy to classify additional types of consumer products 
as covered products. (42 U.S.C. 6292(a)(20)) DOE may prescribe test 
procedures for any product it classifies as a ``covered product.'' (42 
U.S.C. 6293(b))

    \1\ For editorial reasons, upon codification in the U.S. code, 
Part B was re-designated Part A.

II. Background

    On June 15, 2011, DOE published a notice of proposed determination 
that tentatively determined that STBs and network equipment qualify as 
a covered product. 76 FR 34914. Subsequently, DOE initiated the 
rulemaking process to establish a test procedure for STBs. First, DOE 
issued a request for information document on December 16, 2011, 
requesting stakeholders to provide technical information regarding 
various test procedures used by industry to measure the energy 
consumption of STBs and network equipment. 76 FR 78174. DOE then 
published a notice of proposed rulemaking (NOPR) on January 23, 2013 to 
establish a new test procedure focused exclusively on STBs. 78 FR 5076. 
DOE held a public meeting and requested stakeholder comments on all 
aspects of the NOPR.

III. Discussion

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

    \2\ http://www.ncta.com/energyagreement.

    By separate action published elsewhere in today's Federal Register, 
DOE is withdrawing its proposed rule to establish a test procedure for 

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on December 20, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-31275 Filed 12-30-13; 8:45 am]