MEMORANDUM FOR:

FROM:

SUBJECT:

FINDING: 

## The Secretary of Energy Washington, D.C. 20585

Winslow Sargeant, Ph.D. ChiefCou el for Advocacy
. 

### SmaIl Busin '. dministratio,;/ / Daniel

# Cohen~**~** January 9, 2012

Assis ant General Counsel for Legislation, Regulation and Energy Efficiency Certification under Section 605(b) ofthe Regulatory Flexibility Act (RFA) for Proposed Regulations Regarding Test Procedures for Television Sets under the Energy Policy and ConservationAct

I certifiythat ifadopted, the test procedure for television sets (TVs) set forth in the attached notice ofproposed rulemaking (NOPR) issued underthe authority ofthe Energy Policy and Conservation Act of 1975 (EPCA), as amended, would not have a significant economic impact on a substantial number ofsmall entities. Pursuant to EPCA (42 U.S.C. 6291 

### etseq.), as amended, the Department of Energy (DOE) proposes a testprocedure to be used to develop and implement future energy conservation standards for TVs. The proposed test procedure was developed from existing industrytest procedures and allows for accurate measurement ofthe energy consumption ofmodern TVs. As required by Executive Order 13272, "Proper Consideration ofSmall Entities in Agency Rulemaking," 67 FR 53461 (August 16,2002), DOE published procedures and policies onFebruary 19, 2003, to ensure that the potential impacts ofits rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures andpolicies available on the Office ofthe General Counsel's website at www.gc.doe.gov. DOE reviewed today's proposed rule under the provisions 

# *

Printed with soy ink on recycled paperofthe Regulatory Flexibility Act and the procedures and policies published on February 19,2003. FACTUAL BASIS FOR CERTIFICATION: To estimate the number ofsmall businesses impacted by the proposed rule, DOE considered the size standards for a small business listed by the North American Industry Classification System (NAICS) code and description, under 13 CFRpart 121. TV manufacturers are classified underNAICS code 334220, "Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing," and are considered small entities ifthey employ 750 employees or less. DOE determined that most manufacturers ofTVs are large multinational corporations. To develop a list ofdomestic manufacturers, DOE reviewed the Hoover database) and otherpublicly available data, including the Energy Star qualified TVs database. As a result ofits review, DOE determined that there were no TV manufacturers who would qualify as small entities. DOE also notes that manufacturers are already required to use a test procedure similarto DOE'sproposed test procedure to make representations underthe Federal Trade Commission's EnergyGuide labeling program. 76 FR 1038. DOE'sproposed test procedure canbe conducted concurrently with FTC testing without significant additional burden. Based onthe above, DOE believes thatthe testprocedure proposed in the NOPR will not have a significant impact on a substantial number ofsmall entities and that a Regulatory Flexibility Act analysis is therefore not required. Accordingly, DOE has notprepared a regulatory flexibility analysis for this rulemaking. CONCLUSION: Onthe basis ofthe foregoing, I certifythat, ifadopted, the proposed test procedure for TVs set forth inthe NOPR would not have a significant economic impact on a substantial number ofsmall entities.

1Hoovers. Web 12 Dec 2011. <http://www.hoovers.com/