MEMORANDUM FOR: 

FROM: 

SUBJECT: 

FINDING: 

The Secretary of Energy 

Washington, D.C. 20585 

Winslow Sargeant, Ph.D. 

Chief Cou 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) of the Regulatory 

Flexibility Act (RF A) for Proposed Regulations Regarding 

Test Procedures for Television Sets under the Energy 

Policy and Conservation Act 

I certifiy that if adopted, the test procedure for television sets (TV s) set forth in 

the attached notice of proposed rulemaking (NOPR) issued under the authority ofthe 

Energy Policy and Conservation Act of 1975 (EPCA), as amended, would not have a 

significant economic impact on a substantial number of small entities. 

Pursuant to EPCA (42 U.S.C. 6291 et seq.), as amended, the Department of 

Energy (DOE) proposes a test procedure to be used to develop and implement future 

energy conservation standards for TVs. The proposed test procedure was developed from 

existing industry test procedures and allows for accurate measurement of the energy 

consumption of modern TVs. 

As required by Executive Order 13272, "Proper Consideration of Small Entities in 

Agency Rulemaking," 67 FR 53461 (August 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 at www.gc.doe.gov. DOE reviewed today's proposed rule under the provisions 

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of the Regulatory Flexibility Act and the procedures and policies published on February 

19,2003. 

FACTUAL BASIS FOR CERTIFICATION: 

To estimate the number of small 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 CFR part 121. TV 

manufacturers are classified under NAICS code 334220, "Radio and Television 

Broadcasting and Wireless Communications Equipment Manufacturing," and are 

considered small entities if they employ 750 employees or less. 

DOE determined that most manufacturers ofTVs are large multinational 

corporations. To develop a list of domestic manufacturers, DOE reviewed the Hoover 

database) and other publicly available data, including the Energy Star qualified TVs 

database. As a result of its 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 similar to DOE's proposed test procedure to 

make representations under the Federal Trade Commission's EnergyGuide labeling 

program. 76 FR 1038. DOE's proposed test procedure can be conducted concurrently 

with FTC testing without significant additional burden. Based on the above, DOE 

believes that the test procedure proposed in the NOPR will not have a significant impact 

on a substantial number of small entities and that a Regulatory Flexibility Act analysis is 

therefore not required. Accordingly, DOE has not prepared a regulatory flexibility 

analysis for this rulemaking. 

CONCLUSION: 

On the basis of the foregoing, I certify that, if adopted, the proposed test 

procedure for TV s set forth in the NOPR would not have a significant economic impact 

on a substantial number of small entities. 

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