This document, concerning the Test Procedure for Set-top Boxes, is a rulemaking action issued 

by the Department of Energy. Though it is not intended or expected, should any discrepancy 

occur between the document posted here and the document published in the Federal Register, 

the Federal Register publication controls. This document is being made available through the 

Internet solely as a means to facilitate the public's access to this document.
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[6450-01-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.

EFFECTIVE DATE: The proposed rule is withdrawn [INSERT DATE OF PUBLICATION 

IN THE FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT: 

Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and 

Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue, SW, 
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Washington, DC, 20585-0121. Telephone: (202) 586-9870. E-mail: 

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. E-mail: 

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

 

1

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

 

2

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