Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Proposed Rules 79637 

1For editorial reasons, upon codification in the 

U.S. code, Part B was re-designated Part A. 

reading room hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Heather Coady, Regulatory Policy 

Specialist, Plants for Planting Policy, 

PPQ, APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737; (301) 851–2076. 

SUPPLEMENTARY INFORMATION: 

On April 25, 2013, we published in 

the Federal Register (78 FR 24634– 

24663, Docket No. APHIS–2008–0011) a 

proposal that would restructure the 

regulations governing the importation of 

plants for planting in 7 CFR part 319. 

Comments on the proposed rule were 

required to be received on or before June 

24, 2013. We reopened and extended 

the deadline for comments until 

September 10, 2013, in a document 

published in the Federal Register on 

July 12, 2013 (78 FR 41866–41867, 

Docket No. APHIS–2008–0011). 

Among other changes, we proposed to 

establish a framework for the 

development of integrated pest risk 

management measures in the 

regulations. We did not propose to 

require any specific pest risk 

management measures; rather, we 

intended the proposed regulatory text to 

serve as a framework for their eventual 

development. We based the provisions 

for the integrated pest risk management 

measures on the North American Plant 

Protection Organization’s Regional 

Standard for Phytosanitary Measures 

(RSPM) No. 24, which addresses trade 

in plants for planting. As we stated in 

the proposed rule, our framework for 

integrated pest risk management 

measures is also consistent with the 

International Plant Protection 

Convention’s International Standard for 

Phytosanitary Measures (ISPM) No. 36, 

which addresses the same topic. 

One element of RSPM No. 24 that we 

included in the proposed framework 

was a requirement that persons trading 

in plants for planting intended for 

export without growing the plants 

(whom we referred to in the proposal as 

plant brokers) be approved by the 

national plant protection organization of 

the exporting country. In addition, we 

proposed to require plant brokers to 

ensure the traceability of export 

consignments to an approved place of 

production or production site, and to 

maintain the phytosanitary status of the 

plants in a manner equivalent to an 

approved place of production from 

purchase, storage, and transportation to 

the export destination. (The 

‘‘phytosanitary status’’ refers to their 

freedom from exposure to the 

quarantine pests addressed by the 

integrated pest risk management 

measures.) 

We received several comments on our 

decision to base the proposed 

framework for integrated pest risk 

management measures on RSPM No. 24, 

rather than ISPM No. 36. Most of the 

commenters preferred that we base our 

measures on ISPM No. 36. Some 

commenters on the proposed rule stated 

that the two standards differed 

significantly and that the framework we 

proposed was not consistent with ISPM 

No. 36. We also received several 

comments on our proposed requirement 

for approval of plant brokers, with some 

commenters indicating that such a 

requirement would be unworkable and 

that there could be other means for 

ensuring that plants for planting that are 

intended for export retain their 

phytosanitary status after leaving the 

place of production. We are considering 

whether to revise the proposed 

framework to base it on ISPM No. 36 

and what other means might be 

available to ensure that the 

phytosanitary status of plants for 

planting is maintained after they leave 

an approved place of production. 

We are reopening the comment period 

on Docket No. APHIS–2008–0011 for an 

additional 30 days. This action will 

allow interested persons additional time 

to prepare and submit comments. We 

are particularly interested in detailed 

comments on the issues discussed 

above; specific comments will help us 

to evaluate potential changes to the 

proposed rule. We will also consider all 

comments received between September 

10, 2013, and the date of this notice. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 20th day of 

December 2013. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–31146 Filed 12–30–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2012–BT–TP–0046] 

RIN 1904–AC52 

Energy Conservation Program: Test 

Procedure for Set-Top Boxes 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The U.S. Department of 

Energy (DOE) withdraws a proposed 

rule published January 23, 2013 to 

establish a test procedure to measure the 

energy consumption of set-top boxes 

(STBs). DOE is taking this action in light 

of a consensus agreement entered by a 

broadly representative group that DOE 

believes has the potential to achieve 

significant energy savings in STBs. 

DATES: The proposed rule is withdrawn 

December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jeremy Dommu, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9870. Email: 

Jeremy.Dommu@ee.doe.gov. 

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: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291, et 

seq.; ‘‘EPCA’’) sets forth a variety of 

provisions designed to improve energy 

efficiency. (All references to EPCA refer 

to the statute as amended through the 

American Energy Manufacturing 

Technical Corrections Act (AEMTCA), 

Pub. L. 112–210 (Dec. 18, 2012)). Part A 

of Title III of EPCA (42 U.S.C. 6291– 

6309) established the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles,’’ 

which covers consumer products and 

certain commercial products (hereafter 

referred to as ‘‘covered products’’).1 In 

addition to specifying a list of covered 

residential and commercial products, 

EPCA contains provisions that enable 

the Secretary of Energy to classify 

additional types of consumer products 

as covered products. (42 U.S.C. 

6292(a)(20)) DOE may prescribe test 

procedures for any product it classifies 

as a ‘‘covered product.’’ (42 U.S.C. 

6293(b)) 

II. Background 

On June 15, 2011, DOE published a 

notice of proposed determination that 

tentatively determined that STBs and 

network equipment qualify as a covered 

product. 76 FR at 34914. Subsequently, 

DOE initiated the rulemaking process to 


emcdonald on DSK67QTVN1PROD with PROPOSALS
79638 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Proposed Rules 

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

establish a test procedure for STBs. 

First, DOE issued a request for 

information document on December 16, 

2011, requesting stakeholders to provide 

technical information regarding various 

test procedures used by industry to 

measure the energy consumption of 

STBs and network equipment. 76 FR at 

78174. DOE then published a notice of 

proposed rulemaking (NOPR) on 

January 23, 2013 to establish a new test 

procedure focused exclusively on STBs. 

78 FR 5076. DOE held a public meeting 

and requested stakeholder comments on 

all aspects of the NOPR. 

III. Discussion 

In September, 2013 a broadly 

representative group of Pay-TV, 

consumer electronics industries and 

energy advocates announced a 

Voluntary Agreement for Ongoing 

Improvement to the Energy Efficiency of 

Set-Top Boxes (Agreement).2 The 

Agreement established a five-year 

written commitment to continue 

improvements in the energy efficiency 

of STBs used in the distribution of 

digital video signals. Under the terms of 

the Agreement, it is predicted that 

consumers will realize significant 

annual residential electricity savings. 

DOE encourages the development of 

market-based solutions, such as the 

Agreement, that are a result of a 

consensus among and including all 

relevant parties. DOE also recognizes 

that there are multiple paths forward to 

ensure that the maximum economic 

benefits and energy savings occur 

through increasing the efficiency of 

STBs. DOE believes that the Agreement 

has the potential to achieve significant 

energy savings in STBs. Thus, in light 

of the newly adopted Agreement, DOE 

withdraws its proposed test procedure 

for STBs. DOE notes that it will 

continue to monitor the STB market 

closely and would consider reinitiating 

the rulemaking if it was found that the 

energy efficiency gains for STBs and 

consumer savings envisioned in the 

Agreement were not being realized. 

By separate action published 

elsewhere in today’s Federal Register, 

DOE is withdrawing its proposed rule to 

determine STBs as a covered product. 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this withdrawal. 

List of Subjects 

10 CFR Part 429 

Confidential business information, 

Energy conservation, Household 

appliances, Imports, Reporting and 

recordkeeping requirements. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on December 

20, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary of Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–31264 Filed 12–30–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No EERE–2013–BT–DET–0057] 

RIN 1904–AD14 

Energy Conservation Program for 

Consumer Products: Proposed 

Determination of Hearth Products as a 

Covered Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination of 

coverage. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) has 

tentatively determined that hearth 

products qualify as a covered product 

under Part A of Title III of the Energy 

Policy and Conservation Act (EPCA), as 

amended. More specifically, DOE has 

tentatively determined that hearth 

products meet the criteria for covered 

products because classifying products of 

such type as covered products is 

necessary or appropriate to carry out the 

purposes of EPCA (which is to improve 

the efficiency of covered consumer 

products to conserve the energy 

resources of the Nation), and the average 

annual U.S. household energy use for 

hearth products is likely to exceed 100 

kilowatt-hours (kWh) per year. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than January 30, 

2014. 

ADDRESSES: Interested persons are 

encouraged to submit comments 

electronically. However, interested 

persons may submit comments, 

identified by docket number EERE– 

2013–BT–DET–0057 or Regulatory 

Information Number (RIN) 1904–AD14, 

by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

HearthHtgProd2013DET0057@

ee.doe.gov. Include EERE–2013–BT– 

DET–0057 and/or RIN 1904–AD14 in 

the subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, portable document 

format (PDF), or American Standard 

Code for Information Exchange (ASCII) 

file format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–2J, 

Proposed Determination for Hearth 

Products, EERE–2013–BT–DET–0057 

and/or RIN 1904–AD14, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. If possible, 

please submit all items on a compact 

disc (CD), in which case it is not 

necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 6th Floor, 

950 L’Enfant Plaza SW., Washington, 

DC 20024. Telephone: (202) 586–2945. 

If possible, please submit all items on a 

CD, in which case it is not necessary to 

include printed copies. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see section VI of 

this document (Public Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

comments, and other supporting 

documents/materials (search EERE– 

2013–BT–DET–0035). 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 

information that is exempt from public 

disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2013-BT-DET0057. This Web page contains a link to 

the docket for this notice on the 

www.regulations.gov site. The 

www.regulations.gov Web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Cymbalsky, U.S. Department of 


emcdonald on DSK67QTVN1PROD with PROPOSALS